(Pecyn Cyhoeddus)Agenda Dogfen for Cynllunio, Mynediad a Hawliau

Public Document Pack

A G E N D A

16 August 2016

Dear Member,

A meeting of the PLANNING, ACCESS AND RIGHTS OF WAY will be held in at CONFERENCE ROOM, PLAS Y FFYNNON, CAMBRIAN WAY, BRECON LD3 7HP on Tuesday, 23rd August, 2016 at 10.00 am when your attendance is requested.

Yours sincerely

John Cook Chief Executive

Fire Evacuation Advice In the event of a fire, please exit the building via the main staircase, and assemble in the car park at Assembly Point 3

AGENDA

ENC1 Apologies for Absence

ENC2 Chairman's Announcements

ENC3 Declarations of Interest

ENC4 Minutes of last meeting (Pages 1 - 6)

To authorise the Chairman to sign the Minutes of the Brecon Beacons National Park Authority Planning, Access and Rights of Way Committee of the 5th July 2016. ENC5 Minutes of the Local Access Forum (Pages 7 - 10)

To receive the Minutes of the Brecon Beacons National Park Authority Local Access Forum held on 14th April 2016. ENC6 Local Access Forum Annual Report (Pages 11 - 34)

The Local Access Forum Chair, Ian Mabberley will present the LAF Annual Report to Members.

Planning, Access and Rights of Way - 23 August 2016 1

ENC7 Development Control Reports for Decision

To receive a report on Non-delegated Applications

Item 1 15/13047/OUT - Former Community Centre, Hay-on-Wye (Pages 35 - 68)

Reference: 15/13047/OUT

Address: Former Community Centre, Off Oxford Road, Hay-on- Wye

Recommendation: Permit subject to Section 106 Agreement

Item 2 16/13260/FUL - Llanbrynean Farm, Llanfrynach, Brecon (Pages 69 - 110)

Reference: 16/13260/FUL

Address: Llanbrynean Farm, Llanfrynach, Brecon

Recommendation: Minded to Permit

Item 3 16/13261/LBC - Llanbrynean Farm, Llanfrynach, Brecon (Pages 111 - 138)

Reference: 16/13261/LBC

Address: Llanbrynean Farm, Llanfrynach, Brecon

Recommendation: Minded to Permit

Item 4 16/13577/FUL - The Former Rectory, Llangattock (Pages 139 - 152)

Reference: 16/13577/FUL

Address: The Former Rectory, Llangattock, Crickhowell

Recommendation: Permit

ENC8 Development Control Related Matters for Noting

Item 1 Delegated Decision Report (Pages 153 - 170)

Item 2 Agricultural Notifications (Pages 171 - 172)

Item 3 Fringe Applications (Pages 173 - 176)

Planning, Access and Rights of Way - 23 August 2016 2

Item 4 Planning Obligations - July 2016 (Pages 177 - 178)

Item 5 Commuted sums committed since the adoption of LDP 04-08-16 (Pages 179 - 180)

Item 6 Enforcement Figures (Pages 181 - 182)

Item 7 Development Management Figures (Pages 183 - 184)

Item 8 15/13044/FUL - demolition of dwelling at Celliwig Court, Llanwenarth (Pages 185 - 190)

ENC9 Enforcement Reports

Access to Information

Resolved that pursuant to the provisions of Section 100A of the Local Government Act 1972, the public be excluded from the Meeting for the following item of business on the grounds that there would be disclosure to them of exempt information as defined in Paragraphs 12, 13, 17 and 18 of Part 4 of Schedule 12A of the above Act and the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Item 1 Exemption Certificate - Enforcement Delegated Decision Reports (Pages 191 - 220)

Exemption Certificate Enforcement Delegated Decision Reports - CONFIDENTIAL Item 2 Exemption Certificate - Enforcement report seeking authority to commence formal action CONFIDENTIAL (Pages 221 - 228)

Exemption Certificate Enforcement Report seeking authority to commence formal action - CONFIDENTIAL

Planning, Access and Rights of Way - 23 August 2016 3

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MINUTES OF BRECON BEACONS NATIONAL PARK AUTHORITY PLANNING, ACCESS AND RIGHTS OF WAY HELD AT CONFERENCE ROOM, PLAS Y FFYNNON, CAMBRIAN WAY, BRECON LD3 7HP ON TUESDAY, 5TH JULY, 2016

PRESENT:

Powys

Cllr E Morgan (Chairman), Cllr D Meredith, Cllr G Hopkins, Cllr M Jones, Cllr P Ashton and Cllr J Holmes

Monmouthshire

Cllr M Hickman

Carmarthenshire

Cllr G Davies, Cllr A James

Merthyr Tydfil

Cllr R Thomas

Blaenau Gwent

Cllr Willis

Members appointed by the Welsh Government

Mr Edward Evans (Deputy Chair), Mr Ian Rowat, Mr James Marsden, Mrs Melanie Doel, Ms Deborah Perkin and Mr Julian Stedman

1 Apologies for Absence

Apologies were received from Mrs M Underwood, Cllr A Furzer, Cllr G Williams, Cllr Mrs A Webb and Cllr Mrs J Ward.

2 Chairman's Announcements

The Chair announced that at the Annual General Meeting on Friday 1st July he was honoured to be re-elected at the Chair of the Planning, Access and Rights of Way Committee. He also announced that Mr Ed Evans had been re-elected as Deputy Chair of the Committee.

3 Declarations of Interest

Name Enc No Nature of Interest

Brecon Beacons National Park Planning, Access and Rights of Way 1 5 July 2016 Page 1 Cllr J Holmes 8 1 Personal

4 PAROW Minutes

Item 1 Minutes of last meeting

Cllr G Davies questioned why on the Agenda did both his and Cllr A James names not appear in the minutes and in their place was written ‘MembersPresentShortCllxRolesInWard(Car)List’, the Chair asked the Committee Clerk to clarify the issue. The Committee Clerk explained that this is an issue with the Operating System (Modern.Gov) and what is showing is the coding required to pull the Committee Members name’s through. It was agreed that this issue would be raised again with the Support Team from Modern.Gov to attempt to resolve this issue. The Chairman was authorised to sign the Minutes of the Brecon Beacons National Park Authority Planning, Access and Rights of Way Committee held on 24th May 2016 as a correct record.

Item 2 Minutes of the Site meeting

Mr James Marsden questioned that on page 4 it should read Management Plan rather than as stated Management Team. It is to be noted that on checking the written notes the Committee Clerk stated that the term Management Team referred to by Mr Graham Astley of Powys County Council refers to the Management Company that the Applicant/Agent intended to put in place for the site when completed. In light of this the term Management Team remains as written. The Chairman was authorised to sign the Minutes of the Brecon Beacons National Park Authority Planning, Access and Rights of Way Site Visits held on 24th May 2016 as a correct record.

5 Members' Declaration of Late Correspondence

Members had no declarations of late correspondence to note.

6 Development Control Reports for Decision

Item No Description

1. 16/13474/FUL – A single storey extension to an existing dwelling – Llandegeman Fach, Tretower, Crickhowell

Members were provided with a brief presentation by the Case Officer, Miss Lisa Williams.

Proposal: The Officer recommendation to permit subject to the conditions set out in the report was put to Members.

Proposed: Cllr G Davies Seconded: Cllr M Hickman

Decision: The Officer recommendation to permit subject to the conditions set

Brecon Beacons National Park Planning, Access and Rights of Way 2 5 July 2016 Page 2 out in the report was agreed.

2. 16/13528/FUL – Single storey extension – Gaer Farm, Gaer Road, Cwmyoy.

Members were provided with a brief presentation by the Case Officer, Miss Lisa Williams.

Proposal: The Officer recommendation to permit subject to the conditions set out in the report was put to Members.

Proposed: Cllr G Davies Seconded: Cllr M Hickman

Decision: The Officer recommendation to permit subject to the conditions set out in the report was agreed. It is to be noted that the consultation period is not due to expire until 14th July 2016 and therefore Members by agreeing to the Officer recommendation authorised that delegated authority is given to the Director of Planning to determine the application following expiry of the consultation period provided no new material planning considerations are raised.

7 Development Control Related Matters for Noting

Item 1 Delegated Decisions

The report was noted.

Item 2 Agricultural Notifications

The report was noted.

Item 3 Fringe Applications

The report was noted.

Item 4 Appeals

The report was noted.

Item 5 Planning Obligations

A revised paper was provided to all Members and has been uploaded to the Agenda. The report was noted.

Item 6 Affordable Housing Commuted Sums Monitoring

The report was noted.

Item 7 Development Management Figures – May 2016

Brecon Beacons National Park Planning, Access and Rights of Way 3 5 July 2016 Page 3

An update was given by Mr Chris Morgan, Director of Planning. It was believed that the figures submitted recently were incorrect and not in correlation to the paper figures kept by staff. Ms Tracy Nettleton, Mrs Jane Pashley and Mr Paul Funnell examined the figures provided by the Operating System and it was discovered that as a result of both human error and a systemic issue the figures reported were incorrect. It is to be noted that the figures are as follows: Quarter Original Figures Correct Figures One 76% 82% Two 90% 92% Three 89.5% 89.5% Four 79% 86% These figures will now be resubmitted to Welsh Government.

The report was noted.

Item 8 Enforcement Figures

The report was noted.

8 Exemption Certificate Development Control Related Matter Report - Confidential

Access to Information

Resolved that pursuant to the provisions of Section 100A of the Local Government Act 1972, the public be excluded from the Meeting for the following item of business on the ground that there would be disclosure to them of exempt information as defined in Paragraphs 12, 13, 17 and 18 of Part 4 of Schedule 12A of the above Act and the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Item 1 PAROW DCRM report for decision

Cllr M Hickman declared a personal interest in this item but remained in the meeting.

Members were provided with a detailed presentation by the Case Officer Miss Lisa Hughes.

The Officer recommendation that authorisation is given: (a) To issue an Enforcement Notice under the provisions of Section 172 of the Town and Country Planning Act 1990 (as amended): and (b) In the event that the Enforcement Notice is not complied with and subject to the satisfaction of legal advisors with the evidence, that authorisation is given to investigate criminal proceedings under the provisions of Section 179 of the Town and Country Planning Act 1990 (as amended) for non-compliance with the Enforcement Notice was put to Members.

Brecon Beacons National Park Planning, Access and Rights of Way 4 5 July 2016 Page 4 Proposed by Mr E Evans Seconded by Mr J Marsden

The Officer recommendation set out above was agreed.

9 Exemption Certificate - Enforcement Delegated Decision Reports

Access to Information

Item 1 Enforcement Delegated Decision Reports

The report was noted.

Signed as a correct record Chairman of the Planning, Access and Rights of Way

Brecon Beacons National Park Planning, Access and Rights of Way 5 5 July 2016 Page 5 This page is intentionally left blank ENC5

Brecon Beacons National Park Local Access Forum Confirmed Minutes of the 7th Meeting held at 2pm on April 14th 2016 Llanfoist Village Hall, Llanfoist, Abergavenny

Present Chair – Ian Mabberley (IM) Jeff Spencer (JS) Secretary – Richard Ball (RB) Colin Woodley (CW) Jon Everington (JE) Julian Atkins (JA) Pam Bell (PB)

Observers Andrew Fleming Blaenau Gwent CBC Caroline Ferguson Carmarthenshire County Council Ruth Rourke Monmouthshire County Council Lisa Lloyd Rights of Way Assistant BBNPA Eifion Jones Rights of Way Officer BBNPA

1. Welcome and Apologies for Absence IM welcomed members and observers. Apologies received from Denis Murphy, Deb Hughes, John Crellin, Phillippa Cherryson, Patrick Dobbs, Sarah Coakham (NRW) and Fiona Ford (Torfaen CBC).

2. Confirmation of Minutes of Meeting held on 1st February 2016 JA asked that the minutes on page 5 be amended from National Trust model to Charitable Trust model.

With the above amendment, the minutes were accepted and the Chairman authorised to sign them as a correct record.

3. Matters Arising Not Otherwise Appearing on Agenda Circuit of Wales – JA gave members an update.

4. Recommendations from Blorenge Site Visit Members attended a site visit prior to the meeting to look at existing path work on the Blorenge and the requirements for potential future works. It was agreed that the section of path from Foxhunter carpark to Summit was a rewarding short walk over an easy gradient and justified upgrading to an easy access path. The section beyond the summit is suffering from erosion and it was agreed that extending the surfaced path over this section would limit further erosion. Members also agreed that minor works to the drainage and surface of the tram road would be advisable to take water away in places where it’s showing signs of erosion. JS advised that due to it being a scheduled ancient monument CADW would need to be consulted.

1 Page 7 Members agreed to support future improvements on the Blorenge subject to satisfactory discussions and agreement of landowners and graziers and receiving funding adequate funding for the works.

5. LAF Action Plan

Members discussed the Draft Local Access Forum National Action Plan. The key points raised were looking at ways of widening the scope of members geographically and raising the profile of the LAF.

RB reminded members that one of the roles of being a LAF member is to disseminate information. IM suggested that the LAF begins to think about recruiting new members now for the next term as the LAF is now in its second year of term. JA suggested that the LAF work with the BBNPA Communications team to put together a press release covering today’s site visit - this could also be a way of inviting interest in becoming a LAF member. He also suggested speaking with Julia Gruffydd, Democratic Services Manager, regarding holding a LAF training day for Authority members. IM thought it would be useful if a BBNPA member attended LAF meetings. JA said that the BBNPA agreed to nominate an officer as LAF member, this arrangement has been in place for approximately five years and it’s worth making sure BBNPA is still happy with this arrangement. IM to discuss with the BBNPA Chair.

Glastir requests to review permissive access has now moved to a more case by case basis which is welcomed. RB agreed to circulate requests to all members.

6. ROWIP Guidance

This has not been received as yet and the National Access Forum was advised it may not be released until after the Welsh Assembly election. RB asked would the ROWIP review deadlines be delayed as a result. JA said that he had requested a meeting with John Watkins and Catrin Dellar (WG officers) so he would ask the question. EJ said that it would be difficult to move the deadlines as it was included in primary legislation. It was agreed that the LAF draft a letter to the Welsh Government raising concerns about the timescales.

7. Access Green Paper

Nothing has been released to date. A summary of the consultation responses is available and a link will be emailed to members.

8. Additional Welsh Government Funding for Access Projects

RB updated members on recent projects that have been funded by WG grants. JA briefed members on the reintroduction of £500,000 capital grant between the 3 Welsh National Parks. Need to produce a Corporate Plan and show collaboration. The BBNPA and SNPA are focussing on Visitor Management and infrastructure and a package of proposals has been put forward linking to the Visit Wales 2017 – Year of legends, specifically the BBNPA is looking at Llyn y Fan Fach track.

2 Page 8 9. Rights of Way (RoW) Management Update

JA updated members on the current situation following the NPA meeting on the 1st February. Correspondence from the LAF and Powys County Council were taken into account and members were given a revised proposal which was agreed. The RoW function will continue for 12 months while the BBNPA seeks to renegotiate the delegation agreements with local authorities and look at alternative funding options to retain the RoW service.

10. Rights of Way Consultations

Members have been consulted on the proposed diversion of footpaths in Pen-y-fan Close Libanus, the LAF agreed to support the proposal.

11. LAF Annual Report and report to BBNPA

The LAF needs to produce an annual report this year and present this to the NPA. Members agreed to prepare the report for the PAROW meeting on 5th July. RB and IM to circulate draft by email to members for agreement.

12. Any Other Competent Business

PB asked if the LAF could discuss the access issues that have recently been raised regarding access on the River Wye. JE added that there are two separate issues, one being the Warren Trust restricting landing at the Warren, Hay-on-Wye, and the other being access across the Bont at Glasbury being restricted by Powys CC due to the Site of Special Scientific Interest status. It was pointed out that The Bont at Glasbury was outside the National Park although part of the river Wye between Glasbury and Hay was within the Park. It was agreed that JE and RB would report back to the LAF following the Wye and Usk Foundation Meeting next week.

RB outlined how the recent introduction of the Welsh language standards would impact on the LAF.

13. Date of next meeting

July 14th, National Park Visitor Centre, Libanus. 2pm

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PLANNING, ACCESS AND RIGHTS OF WAY COMMITTEE Development Control Related Matter for Decision

The Brecon Beacons National Park Local Access Forum Annual Report

Officer: Paul Sinnadurai Principal Conservation Manager

The Brecon Beacons National Park Local Access Forum was established by the The Brecon Beacons National Park Authority (The Appointing Authority) as required by section 94 of the Countryside and Rights of Way Act 2000. Section 16 of The Countryside Access (Local Access Forums)(Wales) Regulations 2001 requires the Appointing Authority to prepare and approve an Annual Report after the 31st March each year for the Local Access Forum that it has appointed. A draft Annual Report is attached at Appendix A which the Chairman of the Local Access Forum shall present to PAROW.

Recommendation: That PAROW Committee approve the Annual Report of The Brecon Beacons National Park Local Access Forum 2015 – 16.

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2015-2016

Page 13

Brecon Beacons National Park Local Access Forum

Annual Report, April 2015 – March 2016

CONTENTS Page

Chairman’s Foreword 2

Chairman's Report 2

A note from the Secretary 3

Introduction 4

The Year Reviewed 5

Appointing Authority Details Appendix l 8

Area Covered By BBNP LAF Appendix ll 9

Meeting Details Appendix lll 10

Membership Details Appendix lV 11

FURTHER READING LAF Annual Reports

All appointing authorities are required by statute to produce annual reports to cover the year ending 31 March. These can be obtained from the relevant LAF Secretary. Agendas, minutes and other papers are also available for individual LAF meetings.

Countryside and Rights of Way Act 2000; The Stationary Office Limited (2000).

National Assembly for Wales

The Countryside Access (Local Access Forums) (Wales) Regulations 2001; The Stationary Office Limited (2002).

Countryside Council for Wales

LAF Guidance 1: The Establishment of Local Access Forums – Advice & Best Practice Guidance (2002).

LAF Guidance 2: The Role Duties and Functions of Local Access Forums (2002).

Local Access Forums in Wales Annual Report & Directory 2003 (2004).

15 Page 28

Appendix V1

Consultation on improving opportunities to access the outdoors for responsible recreation – Questions

Please return this form by post or email to reach the Welsh Government no later than 2 October 2015

Consultation Response Form Your name: Ian Mabberley, Chairman

Organisation (if applicable): Brecon Beacons National Park Local Access Forum

email / telephone number: [email protected]

Your address: Nant y Bedd, Fforest Coal Pit, Abergavenny

Question 1: What are your views on the principles outlined above [section 2]? If you would suggest changing them, please explain how and why.

Comments

The BBNP Local Access Forum (LAF) belives that the overall objectives outlined in Section 2 are both sensible and desirable.

Question 2: Tell us your views on the issues highlighted above [section 4], and whether there are other key challenges you believe need to be resolved?

Comments

We are in agreement with the comments in 4.4. The current system is too slow, expensive and unwieldy (see also our comments on Q3) and needs to become more modern in its approach to changes.

16 Page 29

Question 3: What changes, if any, do you think need to be made to improve and simplify the procedures for recording, creating, diverting or closing public rights of way?

Comments

BBNP LAF believes that the current procedures for changes to the PROW network nedd to be significantly simplified.

1) Current definitive mapping appears to be out-of-date and cumbersome. A fully digitised system should be introduced as soon as possible.

2) BBNP LAF believes that the greater powers should be given to LAFs to help to determine changes to the network. LAFs are independent bodies representing a wide spectrum of landowners and users and as such can be relied upon to give logical and unbiased opinions on changes. A LAF decision should then be sufficient for the LA to make the relevant alteration without further ado. An appeal system, such as is currently in place, but possibly administered by the relevant Local Authority rather than the Planning Inspectorate, would allow for any disputes to be more quickly resolved.

3) The current system of press advertising is both slow and extremely costly and should be abolished as soon as possible in favour of a a system combining local on-site notices and details on the Local Authority website.

Question 4: What changes, if any, do you think need to be made to improve and simplify the provisions available to local authorities for making improvements on the ground?

Comments

1) BBNP LAF is totally opposed to the idea of racing taking place on any PROW. The conflict of interest between the aims of racers and other users is likely to cause injury and distress to ordinary members of the public and particularly to their accompanying animals. We do however realise that certain events may be authorised from time to time where alternatives are not available. Such events should be clearly signed and notified to the relevant LAF well in advance of the event. The LAF should have the right to oppose any application.

2) We believe that LAs and National Parks should have greater powers to remove illegal fences and misleading signs without the need for long "consultation" periods.

3) We believe that gates, stiles and other 'furniture' on a PROW should be able to be erected (with the agreement of the LAF), not just for the ingress and egress of livestock, but also for safety reasons e.g. where a PROW meets a major road.

17 Page 30

Question 5: What non-legislative changes would you like to see in the meantime that you believe would help to improve the rights of way network in Wales and reduce the burden on local authorities?

Comments

The use of schemes such as Tir Gofal and Glastir, has brought success in realising the reopening of long-obstructed rights of way. Such a system should apply to all agricultural holdings as, historically, incentivisation has been a far more efficient system for improving access than the threat of enforcement action. We believe that this approach would encourage landowners/tenants to come forward with solutions to reconcile long-standing issues. The network should also be subject to inspection and testing through Welsh Government Rural Audit procedures.

Question 6: How should the number, role, membership, and purpose of local access forums be redefined?

Comments

1) BBNP LAF is not in favour of tying membership to organisations or interest groups. We believe that this would slow down decision making as members may have to refer back to their own grouping before comitting to a decision. We also believe that individuals, who will usually have a particular interest, are better placed to provide an holistic view than those representing a particular organisation. It may be that a case could be made for "special representatives" who could attend in the place of a member who is unable to attend to represent a specific interest group from time to time.

2) We would welcome a four or five year term of office, in line with the LAs and similar. With only a small number of meetings a year, a three year period is insufficient to develop a good working relationaship among members.

3) As mentioned above the LAF should be the sole initial arbiter of changes to the PROW network.

4) Local knowledge is key to the success of LAFs and thus any changes to LAs should not necessarily be applied to the LAFs in those areas. LAFs cost virtually nothing to run and so there is little requirement, economically, to merging LAFs to fit LA boundaries.

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Question 7: How should the rights and responsibilities surrounding dogs in the countryside be harmonised to provide greater certainty over what is acceptable and what is not, in a way that makes communicating messages about responsible dog ownership and handling more straightforward?

Comments

This is an almost unanswerable question!

As in many cases, whatever legislation or guidance is put in place, the responsible dog owner will abide by it, the irresponsible will ignore it.

We firmly believe that dogs must be under control, particularly in areas where livestock is present, but whether this is on a lead or not is debatable viz. the suggestion that dogs are off leads in fields with cattle.

Given these points, we can only suggest that "Under Control" is the best description, but that the onus is put on the owner, to ensure that the dog is Under Control, whether that means on a lead or not.

Question 8: How could current legislation be changed to make it easier to allow for a wider range of activities on existing and new paths?

Comments

The variety of other uses of Access Land needs to be determined more accurately than a simple blanket change. There are areas, which because of their ecological or agricultural status would not be suitable for say horses or cycles. Whilst we appreciate that this could cause confusion and cost we believe that it is necessary to make distinctions.

Generally the use of forestry roads, for example, should be extended to horses and cycles. We cannot however see that many Footpaths could be upgraded to Bridleways due to the huge potential cost involved.

Question 9: How could legislation better strike a balance between the various demands of motorised users, landowners and the natural environment?

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Comments

BBNP LAF is totally opposed to the use of motorised vehicles (with the exception of bona fide agricultural or rescue vehicles) on any of the current PROW network where rights do not already exist.

Question 10: How should the need for new or improved access opportunities be identified, planned, and provided?

Comments

The BBNP Authority has a Rights of Way Improvement Plan in place and will be working towards the 10 year extension of this once guidance is received in the next few weeks from NRW.

The LAF belives this is the correct format for maintaining the PROW network in the best order possible within budgetary constraints.

At present we understand that funding is supplied for this via the relevant LAs. This is unduly complex (there are 7 LAs in the BBNP area) and the funding for the ROWIP should be paid directly the the BBNPA in future.

Question 11: What are your views on the benefits and challenges of creating a right of responsible recreation to all land in Wales?

Comments

Population pressures and ease of access from major urban areas, create far greater pressure on the wilder areas of Wales than in the countries noted in the consulatation document.

Therefore we are of the opinion that this is not an acceptable or appropriate way forward

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Question 12: What approach do you advocate to improve opportunities for responsible access for recreation on inland waters?

Comments

BBNP LAF is firmaly of the view that increasing access to inland waterways is not the way forward. From a conservation point of view unmanaged access could be an ecological disaster. Current access arrangents are felt to be perfectly adequate.

Question 13: What approach do you advocate to improve opportunities for responsible access for recreation on the coast and in the marine environment?

Comments

This section does not specifically affect the BBNP and so we will not comment.

Question 14: What would be the advantages and disadvantages of a statutory code of conduct for outdoor recreation in Wales?

Comments

Codes of Conduct are followed by the legitimate user and ignored by those intent on 'doing as they please', therefore without the prospect of criminal charges being imposed on those disregarding the code they are of little practical use.

Advantages, in theory, of a statutory code could be to make recourse to damages by the injured party simpler and in helping adjudication of disputes involving behaviour in the countryside..

Disadvantages would include making a code which is sufficiently concise as to be usable.

Responses to consultations are likely to be made public, on the internet or in a report. If you would prefer your response to remain anonymous, please tick here:

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Brecon Beacons National Park Authority

PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

23 August 2016

RECOMMENDATIONS OF THE DIRECTOR OF PLANNING

ON APPLICATIONS FOR DETERMINATION BY

THE PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

Page 35

APPLICATION NUMBER: 15/13047/OUT APPLICANTS NAME(S): Mr Jon Harvey SITE ADDRESS: Former Community Centre Off Oxford Road Hay-On-Wye Powys

GRID REF: E: 323125 N:242239 COMMUNITY: Hay-on-Wye DATE VALIDATED: 8 January 2016 DECISION DUE DATE: 4 March 2016 CASE OFFICER: Mr Ben Phillips

PROPOSAL Outline application (seeking approval for access only) for construction of 19 dwellings and associated works.

ADDRESS Former Community Centre, Off Oxford Road, Hay-On-Wye

Page 36

CONTRIBUTORS Mr And Mrs Jeffries, 8 Great Close, Barton Annabel Crook, La Fosse, Oxford Road C And C Keylock, Beech House, Lion Street Mr G Taylor, 5 Garribaldi Terrace, Hay-On- Wye Mr David Howard, 1 Garribaldi Terrace, Hay-On-Wye S And A Fleming, 2 Oxford Villas, Hay On Wye Claire Kerby, Miss Elizabeth Williams, 21 Lion Street, Hay-On-Wye, JohnDHanson

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY 1. The site is liable to flood. 2. The new access arrangements and retaining wall could have an impact on neighbouring access 3. The development may lead to highway safety issues given the location of the access on a bend 4. The development could lead to an increase in road noise and pollution 5. The proposal involves part of our property, and we have not been properly consulted upon the scheme. 6. I am not sure that the development will be truly affordable.

CONSULTATIONS/COMMENTS Dwr Cymru Welsh Water - Developer Services 1st Feb 2016

We refer to your planning consultation relating to the above site, and we can provide the following comments in respect to the proposed development.

We would request that if you are minded to grant Planning Consent for the above development that the Conditions and Advisory Notes provided below are included within the consent to ensure no detriment to existing residents or the environment and to Dwr Cymru Welsh Water's assets.

SEWERAGE Conditions Foul water and surface water discharges shall be drained separately from the site. Reason: To protect the integrity of the public sewerage system. No development shall commence until a drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The scheme shall provide for the disposal of foul, surface and land water, and include an assessment of the potential to dispose of surface and land water by sustainable means. Thereafter the scheme shall be implemented in accordance with the approved details prior to the occupation of the development and no further foul water, surface water and land drainage shall be allowed to connect directly or indirectly with the public sewerage system. Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment.

Page 37 Advisory Notes The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

SEWAGE TREATMENT

No problems are envisaged with the Waste Water Treatment Works for the treatment of domestic discharges from this site.

WATER SUPPLY

No problems are envisaged with the provision of water supply for this development.

Our response is based on the information provided by your application. Should the proposal alter during the course of the application process we kindly request that we are re-consulted and reserve the right to make new representation.

Hay On Wye Town Council 3rd Feb 2016 I refer to the above application and write to advise that Hay Town Council's view is that this application cannot be allowed to proceed in its present form, for the following reasons :-

(1) Flooding - This site has been known to flood on numerous occasions over the last few years. Evidence of this can be provided by Officers of Hay Fire Service who have been called out many times to deal with the flood. There is no provision in the application to address this issue, in fact in the Design and Access statement it states that there are no records of historic flooding on the site. (2)Retaining Wall - It is proposed that a retaining wall is built adjacent to the entrance to the site. This would appear to have access implications for neighbouring properties. (3) Site Access - The proposed access to and from the site has limited visibility in both directions which will, in the Council's view, create a danger for both vehicles and pedestrians. (4) Road Infrastructure - This part of Oxford Road having bends closeby in both directions, is not the most suitable for an entrance which will have a considerable increase in use. Vehicles have a tendency to increase in speed when travelling from town down the hill and and even though they may still be within the speed limit it is considered that speeds approaching 30mph would still

Page 38 present problems.

Natural Resources Wales/Cyfoeth Naturiol Cymru 7th Jul 2016 Thank you for consulting Natural Resources Wales (NRW) regarding the above planning application on 21 June 2016. From details contained in the planning application, outline approval for 19 Dwellings and associated works is sought, where all matters are reserved except for access. We have no objection to the development as submitted because we consider that any effects on an environmental interest listed in NRW's Planning Consultation Checklist are appropriately avoided or mitigated, without any conditions being sought by us. We provide the following observation; We would refer you to comments in Section 5.19 of the Planning Statement (December 2015) prepared by Asbri Planning. This confirms that a site investigation has been undertaken on site and no adverse ground conditions or contamination have been recorded; and it is therefore considered that the site is acceptable for residential development. This information or preliminary risk assessment has not been submitted for consultation and we cannot confirm whether contamination is present or not on site. We refer your Authority to advice given in Section 13.7 of Planning Policy Wales (8th edition, January 2016).

Our comments above only relate specifically to matters that are included on our checklist Natural Resources Wales and Planning Consultations (March 2015) which is published on our website at the following link: https://naturalresources.wales/planning-and-development/planning-anddevelopment/? lang=en We have not considered potential effects on other matters and do not rule out the potential for the proposed development to affect other interests, including environmental interests of local importance. The applicant should be advised that, in addition to planning permission, it is their responsibility to ensure that they secure all other permits/consents relevant to their development. If the applicant requires guidance on matters within our remit then this can be found on our website at www.naturalresourceswales.gov.uk . Here, we provide guidance on environmental planning and regulatory issues, which includes topics on foul drainage, pollution prevention, waste management, biodiversity and protected species. We trust our representation is of assistance. However, if you have do have any queries then please contact us.

NP Heritage Officer Archaeology National Policy Framework Welsh planning legislation and policy guidance outlines that the desirability of preserving archaeological remains and their setting is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.1).

Planning Policy Wales (Edition 8: 2016): Paragraph 6.5.1. 'The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical

Page 39 preservation in situ. In cases involving lesser archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development.'

Paragraph 6.5.1. '…If important remains are thought to exist at a development site, the planning authority should request the prospective developer to arrange for an archaeological field evaluation to be carried out before any decision on the planning application is taken…' This means that Local Planning Authorities in Wales have to take into account archaeological considerations and deal with them from the beginning of the development control process (WO Circular 60/96 Para. 10), and need to be fully informed about the nature and importance of archaeological remains, and their setting, and the likely impact of any proposed development upon them prior to determining a planning application (WO Circular 60/96, Para. 15).

Development Plan Framework The adopted Local Development Plan sets out the Brecon Beacons National Park's policies and proposals to guide development in the National Park, , including Policy SP3 f): 'All proposals for development or change of use of land or buildings in the National Park must demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of … archaeological features'.

Policy 22 - Areas of Archaeological Evaluation 'Where important archaeological remains are known to exist or may exist within an area for archaeological evaluation, the archaeological implications of development proposals shall be evaluated by qualified and independent Archaeologists before planning applications are determined. Planning permission will not be granted where the evaluation is deemed inadequate by the NPA in consultation with its archaeological advisor.'

Archaeological sensitivity of the site Consultation of regional Historic Environment Record and records held by the Brecon Beacons National Park Authority indicate that the site of the proposed development it just outside the historic core of the town of Hay-on-Wye (as defined by CPAT's 2013 study - Silvester et al.). Hay-on-Wye was founded after the Norman Conquest, possibly in the early 12th century, although a properly planned town may not have been laid out until the early 13th century. Documentary evidence indicates that the towns' people received murage grants in 1232 and 1237 to allow them to build town walls and defences (Silvester et al. 2013).

I welcome the submission of an archaeological desk based assessment in support of this application. Historic map evidence including within the assessment provided indicates that the development site has been used as an orchard throughout the 19th and early 20th centuries, and that the areas does not appear to have developed with settlement activity until the 19th century. However, the assessment also highlights that the archaeological potential of the proposed development in relation to surviving remains that pre-date the use of the site of the orchard is uncertain, and that remains may survive that relate to the open field system associated with the medieval manor of Hay, which could potentially include medieval field ditches or enclosure boundaries, traces of cultivation. If present such remains would be important in understanding the development and function of the town.

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Archaeological Impact of the development The ground works associated with the proposed development, including new foundations, footings, drainage and service trenches and any landscaping works have the potential to damage or destroy any surviving archaeological remains, particularly in areas that have not previously been developed. The previous development of the former community centre on the eastern portion of the site will have damaged, or potentially destroyed any surviving archaeological remains in this area of the site. However, there is a better chance of survival in the western area of the site that remains undeveloped. The desk based assessment concludes and recommends that there is insufficient information available at present to make a full assessment of the archaeological sensitivity of this part of the site or to assess the significance of any surviving archaeological remains. Without further information it will not be possible to adequately assess the archaeological impact of the proposed development, the need to preserve the remains in situ or advice on archaeological mitigations that may be required.

The use of the area as an orchard for at least 150 years would make standard geophysical survey unlikely to yield successful results, therefore a small archaeological evaluation (trial trenching) is required to provide the required information on the nature, extent, date and significance of any surviving archaeological remains, which would enable a full assessment of the archaeological impact of the proposed scheme. This information is required prior to the determination of a planning application, in line with WO Circular 60/96, Para. 13, Planning Policy Wales, Chapter 6, Para. 6.5.2 and LDP Policy 22. This should be undertaken in accordance with a brief issued by this Authority, and with a project design or written scheme of investigation that has been approved by this Authority.

NP Planning Ecologist 4th Feb 2016 A. Planning Policy & Guidance o To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. o The adopted Local Development Plan for the Brecon Beacons National Park includes the following policies regarding ecological issues and safeguarding biodiversity: o SP3 Environmental Protection - Strategic Policy o Policy 3 Sites of European Importance o Policy 4 Sites of National Importance o Policy 5 Sites of Importance for Nature Conservation o Policy 6 Biodiversity and Development o Policy 7 Protected and Important Wild Species o Policy 8 Trees and Development o Policy 9 Ancient Woodland and Veteran Trees

B. Legislation o Environment Act 1995 - the first Statutory Purpose of the National Park is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National

Page 41 Park o Natural Environment & Rural Communities Act 2006 - Section 40 requires local authorities to have due regard to conserving biodiversity. This includes reference to the list of priority species and habitats produced under Section 42 of the Act. o Conservation of Habitats & Species Regulations 2010 (as amended) - Regulation 9 requires local authorities to take account of the presence of European Protected Species at development sites. If they are present and affected by the development proposals, the Local Planning Authority must establish whether "the three tests" have been met, prior to determining the application. The three tests that must be satisfied are: i. That the development is "in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment". ii. That there is "no satisfactory alternative" iii. That the derogation is "not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range"

C. Comments 1. Thank you for consulting me on the above application. The development proposals are in outline for the construction of 19 dwellings on the site of the former community centre. I understand that the buildings at the site were demolished more than 2 years ago. 2. I have visited the site this week and have reviewed the documents and drawings submitted with the application, which includes the following ecological information: o Extended Phase One Survey - Land Adjacent to Oxford Road, Hay-on-Wye, Powys by Richard Watkins dated November 2015 o Bat Habitat Assessment on the Mature Alder - Adjacent to Harwicke Road, Hay- on-Wye by Richard Watkins dated November 2015 3. I welcome the submission of the ecological reports with the application. The site is largely an area of unmanaged grassland; the eastern third is where the former community centre was sited and is now "hard core", tarmac and a pile of rubble. 4. The hedgerow along the southern boundary is shown on historic maps and has a good diversity of shrubby species. The indicative site layout plan appears to show that the hedgerow will be retained; it needs to be confirmed that that is the case. The conifer hedgerow along the western boundary is of less biodiversity value, but still provides a wildlife corridor and suitable habitat for nesting birds; again, the site layout plan shows that the "hedgerow" is to be retained, but it may become too tall and shady for the adjacent gardens and properties. A replacement, native-species hedgerow would be welcomed. There will also be opportunities for native-species planting (trees, shrubs and grassland) elsewhere in the site and a detailed landscaping scheme should be secured through an appropriately worded planning condition. 5. Slow-worms are known to be present in Hay-on-Wye and have been recorded 300 metres to the north and to the west of the site. They are likely to be present at this site, particularly associated with the hedgerow along the southern boundary; however, the hedgerow is to be retained and there will also be opportunity to accommodate

Page 42 reptile habitat within the site layout. It will be important to ensure that an appropriate Method Statement is followed for the clearance of the site prior to development works commencing. 6. The mature alder at the entrance to the site has already been felled; replacement native tree planting should be accommodated on the site to compensate for this. 7. It will be important to ensure that any external lighting is of an appropriate design and sensitively located to avoid light-spill towards bat roosting areas or wildlife corridors. The details of external lighting can be secured through an appropriately worded planning condition. 8. There will be opportunities to accommodate biodiversity enhancement measures such as bat bricks or tubes; further guidance on this is provided by the Bat Conservation Trust at: http://www.bats.org.uk/pages/accommodating_bats_in_buildings.html The applicants should also refer to the BBNPA's Supplementary Planning Guidance - Biodiversity in the Towns of the Brecon Beacons National Park for further guidance on appropriate biodiversity enhancement measures in Hay-on-Wye: http://www.beacons-npa.gov.uk/wp-content/uploads/Biodiversity-Audit-SPG-for- adoption.pdf I recommend that at least twenty features for bats or nesting birds are specified (type and location) by the applicants.

D. Recommendations

The applicants should confirm that the hedgerow along the southern boundary is to be retained. If this is confirmed and this application is to be approved, I recommend the inclusion of planning conditions and informative notes to cover the following issues:

1. Prior to commencement of development works, a full working method statement to protect nature conservation interests (particularly hedgerows, nesting birds and reptiles) at the site shall be submitted to the Local Planning Authority and shall be implemented as approved. Construction measures and the method statement shall incorporate the recommendations in Section 6 of the ecological report (Extended Phase One Survey - Land Adjacent to Oxford Road, Hay-on-Wye, Powys by Richard Watkins dated November 2015). 2. Prior to the commencement of development works, a biodiversity enhancement scheme, to include provision of reptile habitats and at least twenty features for bat roosting or bird nesting, shall be submitted to and approved in writing by the Local Planning Authority. The biodiversity enhancement scheme shall make reference to the BBNPA's Supplementary Planning Guidance - Biodiversity in the Towns of the Brecon Beacons National Park. The scheme shall include provision for long-term management and shall be undertaken and/or installed prior to the first beneficial use of the development hereby approved, in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. Following the installation of the approved scheme, a report confirming adequate installation shall be submitted to the Local Planning Authority. 3. Prior to the commencement of the development, a landscaping plan that shall include use of native species, shall be agreed with the Local Planning Authority and shall

Page 43 be implemented in the first planting season following implementation of the development. The plan shall include details of the planting specifications - the species, sizes and planting densities - and a timetable for implementation and future management to ensure good establishment. 4. No external lighting shall be installed until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with bat mitigation/enhancement measures and shall be implemented as approved.

Informative note: 1. Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000

Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP o To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006

NP Strategy And Policy 5th Feb 2016

The development plan for the area is the Brecon Beacons National Park Local Development Plan 2007-2022 (hereafter LDP) which was adopted by resolution of the National Park Authority on the 17th December 2013.

My observations relate to the proposals compliance with the strategy and policy of the LDP.

Proposal The proposal seeks outline consent for the construction of 19 dwellings and associated works.

LDP Policy Context The development is proposed on the site of the Hay Community Centre (now demolished). It is understood that the community centre itself was unsuitable for use due to its structural condition. However, the demolition has meant that Hay has no standalone centre which can be utilised by the community. The proposed development would prevent the redevelopment of the community centre on this site. This is concerning in relation to the policies of the LDP, which sets out sites and buildings currently in community use should be protected from other forms of development

Page 44 (8.1.0.3) where an alternative use is proposed, it must be clearly demonstrated as part of an accompanying Design and Access Statement that the community facility is no longer required. Policy 50 controls this objective thus,

Policy 50 Retention of Existing Community Facilities The development of land which would adversely affect the operation of a community facility or result in its loss will only be allowed where: i) the existing facilities can best be retained or enhanced through redevelopment of the site; or ii) alternative provision of equivalent benefit is made available. Where it can be clearly demonstrated that a community facility is no longer required then alternative uses will be considered where they accord with other policies in the LDP.

In accordance with the requirements of this policy, and in the face of overwhelming evidence stating the need for a Community Centre within the emerging Town Plan for Hay on Wye, it is clear that the proposal can only be seen as acceptable where assurances can be provided by the County Council that alternative provision will be made available. There may even be a case for requiring this development to make financial contribution towards such a provision, in remediation for the loss of community use land, this would be a matter for discussion between the developers, the county council, the Town Council and the NPA. Until this element is rectified strategy and policy will object to the proposed development as contrary to the requirements of Policy 50.

Recommendation: Strategy and policy object to this proposal, further information will be necessary to demonstrate compliance with policy 50 of the LDP.

As always if you have any concerns relating to the contents of my observations, or require additional clarification of any point please do not hesitate to get in contact.

NP Tree Officer 27 Jan 2016 Thank you for consulting me on the above application. I have reviewed the submitted information and set out my comments below:

1) It is an outline application (seeking approval for access only) for construction of 19 dwellings and associated works on the old community centre site. 2) The applicant has provided a basic tree report by The Tree Surgeons Ltd, Chepstow of 20th October 2015. 3) The tree report does not conform to BS 5837 : 2012, but it does give some limited information on what trees and hedges are on site, their general condition and some height and spread measurements. 4) There is a mature Alder tree at the current entrance to the site which would have to be removed for the new access way. 5) There are a number of other medium and large sized trees around the edges of the site, as well as some formal and informal hedgerows along the boundaries.

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Although mature, the Alder tree has a retaining wall at its base to the West and South West, a tarmac driveway to the immediate East and North East, and an extensive tarmac hard standing area across its entire Western root plate. The hard standing areas and wall will have severely restricted its rooting area, and removal of these hard surfaces would cause root damage during the process.

The indicative site layout shows some parking spaces and retained open space in the North East corner of the site, and it should be possible for suitable replacement tree planting in this space.

I have no objection to the outline application to develop this site, and recommend the following conditions are added:

1) Prior to any development works taking place, a tree survey in accordance with 'BS5837 : 2012 Trees in relation to design, demolition and construction - Recommendations' - to include all trees around the development boundary plotted onto a tree location plan, a tree constraints plan clearly showing the root protection areas for the trees and any trees to be removed, and a tree protection plan showing the type and position of the protective fencing around retained trees. 2) Suitable replacement tree planting is incorporated into the landscaping plan to mitigate for the loss of the Alder tree at the entrance to the site.

NP Senior Heritage Officer (Building Conservation) 5th Feb 2016

THE PROPOSAL Outline application (seeking approval for access only) for construction of 19 dwellings and associated works.

POLICY CONTEXT

Planning Policy Wales (Edition 6: 2014): Paragraph 6.5.9 recognises the importance of protecting the historic environment and states that: "Where a development proposal affects a Listed Building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses" The adopted LDP has a number of relevant planning policies which relate to this application:

Policy 17: The Settings of Listed Buildings:

Development proposals which would adversely affect the setting of a listed building will not be permitted.

Page 46 Policy 19: Development affecting Conservation Areas: New development and alterations to existing buildings within or affecting the setting of a Conservation Area will only be permitted where it will preserve or enhance the character or appearance of the area and where the design, all building materials, proportions and detailing are appropriate to the Conservation Area.

Hay on Wye Conservation Area Appraisal (2012). ASSESSMENT

These comments are written with regard to the heritage and conservation aspects of the proposal.

The site is located on the southern side of Hay on Wye, adjacent to the conservation area. The boundary of the conservation area follows the south edge of Oxford Road as it skirts around the southern boundary of the Castle precinct, continuing a short distance around the inner bend into Hardwick Road before crossing the road roughly opposite the entrance to the site. There are a number of locally listed buildings to the north of the site and also a listed building to the south east (Barn at Bryntirion Dairy - grade II). The Hay on Wye Conservation Area Appraisal notes that development on the southern side of Oxford Road where it runs outside the perimeter of the original town walls is very disjointed and fragmented. This fragmented character continues around the corner to the site entrance, although the stone boundary wall following the bend in the road and continuing to the existing entrance provides some definition and containment. Although not within the conservation area, the site and its entrance are seen views from within the conservation area and also views into the conservation area. The existing high section of boundary wall and grass verge to the north of the site entrance makes a positive contribution to the setting of the conservation area. However, the frontage to Hardwick Road becomes more fragmented around the existing site entrance and there is an opportunity to improve the townscape at this point. It is accepted that the proposed layout is only indicative but with the current level of information it is unclear how the landscaping to each side of the access will integrate with the existing features such as the boundary wall to the north. The design of the access will be integral to creating a more defined frontage that is locally distinctive and sympathetic to the setting of the conservation area.

CONCLUSION There is no objection from a heritage perspective to the principle of redeveloping the site for housing with the access from Hardwick Road, subject to the detail being acceptable when an application for full planning permission is submitted. Redevelopment of the site will need to take account of the proximity of the conservation area. The layout, scale, form, details and materials should be informed by a context appraisal that draws on the elements that make a positive contribution to the built environment in the locality. The Hay on Wye Conservation Area Appraisal contains information that can help this process. In particular, there is an opportunity to improve the frontage to Hardwick Road and the design of the entrance to the site will be integral to achieving this enhancement.

NP Heritage Officer Archaeology

Page 47 No comments received to date

Powys County Council Affordable Housing Officer No comments received

Powys County Council Highways 26th May 2016 Recommendations/Observations

The Speed Survey Report, version B provides evidence that indicates 33 metres visibility splays from the access are acceptable.

I therefore recommend that the following conditions be included on any permission granted:-

HC2 The gradient of the access shall be constructed so as not to exceed 1 in 30 for the first 10.0 metres measured from edge of the adjoining carriageway along the centre line of the access and shall be retained at this gradient for as long as the development remains in existence.

HC4 Within 5 days from the commencement of the development the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 33.0 metres distant in each direction measured from the centre of the access along the edge of the adjoining carriageway. Nothing shall be planted, erected or allowed to grow on the area(s) of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction for as long as the development hereby permitted remains in existence.

HC7 Within 5 days from the commencement of the development the area of the access to be used by vehicles is to be constructed to a minimum of 410mm depth, comprising a minimum of 250mm of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 20.0 metres from the edge of the adjoining carriageway. Any use of alternative materials is to be agreed in writing by the Local Planning Authority prior to the access being constructed.

HC9 Prior to the occupation of the dwellings, provision shall be made within the curtilage of the site for the parking of not less than one car per bedroom excluding any garage space provided. The parking areas shall be retained for their designated use in perpetuity.

HC10 The gradient from the back of the footway/verge to the vehicle parking areas shall be constructed so as not to exceed 1 in 15 and shall be retained at this gradient for as long as the dwellings remain in existence.

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HC11 Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the parking of all construction vehicles together with a vehicle turning area. This parking and turning area shall be constructed to a depth of 0.3 metres in crusher run or sub-base and maintained free from obstruction at all times such that all vehicles serving the site shall park within the site and both enter and leave the site in a forward gear for the duration of the construction of the development.

HC13 Prior to the occupation of the development a radius of 6.0 metres shall be provided from the carriageway of the county highway on each side of the access to the development site and shall be maintained for as long as the development remains in existence.

HC14 Any internal side-road junctions shall have a corner radii of 6.0 metres.

HC19 No building shall be occupied before the estate road carriageway and one footway shall be constructed to and including binder course level to an adoptable standard including the provision of any salt bins, surface water drainage and street lighting in front of that building and to the junction with the county highway.

HC20 The estate road carriageway and all footways shall be fully completed, in accordance with the details to be agreed in writing by the Local Planning Authority, upon the issuing of the Building Regulations Completion Certificate for the last house or within two years from the commencement of the development, whichever is the sooner. The agreed standard of completion shall be maintained for as long as the development remains in existence.

HC21 Prior to the occupation of the dwellings the area of the access to be used by vehicles is to be finished in a 40mm bituminous surface course for a distance of 20.0 metres from the edge of the adjoining carriageway. This area will be maintained to this standard for as long as the development remains in existence.

HC30 Upon formation of the visibility splays as detailed in HC4 above the centreline of any new or relocated hedge should be positioned not less than 1.0 metre to the rear of the visibility splay and retained in this position as long as the development remains in existence.

HC32 No storm water drainage from the site shall be allowed to discharge onto the county highway.

Reasons

To ensure the safety and free flow of traffic using the adjoining county class II road.

Powys County Council Education No comments received to date

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Powys County Council Transportation No comments received to date

Powys County Council Leisure And Recreation No comments received to date

Powys County Council Land Drainage Department No comments received to date

RELEVANT POLICIES - Planning Policy Wales (PPW 2016) - Environment Act 1995 - Natural Environment & Rural Communities Act 2006 - Conservation of Habitats & Species Regulations 2010 - Technical Advice Note 12 , Design (2014) - Technical Advice Note 5, Nature Conservation (2014) - Technical Advice Note 2, Planning and Affordable Housing (2006) - Technical Advice Note 6 – Planning for Sustainable Rural Communities (2010) - Hay on Wye Conservation Area Appraisal (2012). - Brecon Beacons National Park Authority Local Development Plan (2013) - Policy SP1: National Park Policy - Policy SP3: Environmental Protection - Policy SP10: Sustainable Distribution of Development - Policy SP18: Sustainable Use of Land - Policy KLP2: Key Settlement Appropriate Development - Policy 1: Appropriate Development in the National Park - Policy 6: Biodiversity and Development - Policy 8: Trees and Development - Policy 17: The Settings of Listed Buildings - Policy 19: Development affecting Conservation Areas - Policy 22: Areas of Archaeological Evaluation - Policy 28: Affordable Housing Contributions - Policy 50: Retention of Existing Community Facilities - Policy 56: Water and Sewage Supply for New Development - Policy 59: Impacts of Traffic - Policy 61: Dwelling Density

PLANNING HISTORY

None relevant

OFFICER’S REPORT

Page 50 INTRODUCTION An outline application is submitted for the construction of 19 dwellings and associated works at land adjacent to Oxford Road/Hardwick Road (B4348) in Hay on Wye.

All matters are reserved save for access.

SITE DESCRIPTION

The 0.48 ha site is located within the settlement boundary of Hay on Wye. The site is located just outside but adjacent to the Hay on Wye Conservation Area.

The site is vacant and was last occupied by the former Community Centre which has been demolished. The site is accessed off Oxford Road/Hardwicke Road to the east of the site. A pedestrian access also runs along the western boundary up to Oxford Road to the north.

The site is generally level however the neighbours along the northern boundary (along Oxford Road) are elevated. The site is neighboured by residential and commercial properties, – to the north are the properties along Oxford Street (including the Hay-on- Wye Dental Practice which sits above a retaining wall), to the west lies R.M Jones Farm Centre, and to the south-east sits Garibaldi Terrace.

The southern boundary is bounded by open agricultural fields and allotments. Two neighbouring properties, ‘Winterton’ and ‘Hill View’ bungalow, both have their access running through the application site and utilise the existing access to the site.

The site is located within an archaeological sensitive area. The site is not located within Zone C2 of TAN 15 development maps.

Hay on Wye is a Level 2 key Settlement as defined by the Local Development Plan, i.e. settlements which fulfil strategic role in serving both their resident population and surrounding settlements, providing links and influence to larger service areas outside of the Park Boundaries.

PROPOSAL DESCRIPTION

Outline planning permission is sought for 19 dwellings, comprising of 15 two bed houses and 4 one bed flats, along with associated parking spaces and works.

As stated above, all matters are reserved save for access.

The site will retain the existing access off Oxford Road/Hardwick Road, and a visibility splay of 2.4x 33m will be provided. In addition a new retaining wall will be erected (0.65m- 1m in height) which runs along the southern side of the access along the footpath.

An existing pedestrian footpath to the site will be retained running from Oxford Road

Page 51 between Caemawr Bungalow and the Health Centre.

The indicative plans show the dwellings as terraced in nature, save for two blocks of semi-detached properties and the 4 flats.

The illustrative layout shows the access road running from the existing access through the site east to west. A terrace of 5 units is sited south of the access road, adjacent to a semi-detached block (dwellings 6 & 7) and block of 4 flats. Opposite the flats are units 18 and 19, with a terrace of 6 dwellings, (12-17) running north to south along the western boundary of the site.

Parking spaces are provided to the front of the units, (2 per unit) with 4 sited in front of the 4 flats. An additional 6 spaces are provided on the northern side of the access road opposite units 1-3.

The access to ‘Winterton’, a detached dwelling located along Oxford Road along the norther boundary of the site, but set below road level, and ‘Hill View’, a bungalow sited south of Winterton, will be retained and improved with new hardstanding.

The dimensions of the dwellings are given as 10m in height for both the 2 bed houses and the 4 flats (in 2 blocks of 2 flats). The houses are stated as being 7m wide and 9m in length, the flats 9m wide and 10m in length.

This is an outline application with all matters reserved for future approval apart from the access. It is therefore the principle of development that constitutes the main material consideration for this scheme.

In addition, in respect of this outline application, material considerations also include: - The loss of community facility - The provision of affordable hosing - The potential impact upon the character and appearance of the street scene - Highway safety - Potential impact upon neighbouring amenity - Impact of the development on the natural environment - Archaeological issues PRINCIPLE OF DEVELOPMENT

Policy SP1 of the LDP is a general policy which supports development that conserves and enhances the natural beauty, wildlife and cultural heritage of the Park, supports the understanding and enjoyment of special qualities of the National Park and assist the economic and social wellbeing of local communities.

Policy 1 of the LDP identifies the criteria that will be used to assess the appropriateness of developments. Criteria i) requires that the scale, form, design, layout, density, intensity of use and use of materials will be appropriate to the surroundings and will

Page 52 maintain or enhance the quality and character of the Park’s natural beauty, wildlife, cultural heritage and built environment. Criteria ii) requires the integration of the development into the landscape through planting and appropriate management of native species or through the construction of appropriate boundary features. Criteria iv) states that the proposed development promotes opportunities for the conservation and enhancement of bio/geodiversity through appropriate design and landscaping and criteria v) recommends that the proposed development is within 400m of an area of accessible natural greenspace.

Policy SP10 seeks to ensure that development takes place within sustainable locations near facilities and services to minimise the need for travel.

The site is located within the settlement boundary of Hay on Wye, a Level 2 Key Settlement. Local Development Plan Policy K LP2 states that within Key Settlements all proposals for development must be located within the settlement boundary. The policy states the form of development that will be considered acceptable, and this includes ‘proposals that strengthen and enhance the mix of housing types and tenure options within the Town’.

In addition, Policy SP18 states that new development should make the best possible use of available previously developed land within development boundaries in preference of Greenfield sites, and dwelling densities should make the best use of the available land, achieving minimum dwelling densities relevant to the settlement. Policy 61 suggests a minimum density of 30 dwellings to the hectare, where this is compatible with the existing character of the area.

The proposed density is 39.5 dwellings per hectare, which is considered to sit comfortably with the general pattern of development in the town.

As such, in principle, the development of the site for housing is supported by the Local Plan.

Loss of Community Facility However, as stated by the Policy Officer, the development is proposed on the site of the Hay Community Centre (now demolished). The Local Development Plan sets out that sites and buildings currently in community use should be protected from other forms of development (8.1.0.3) where an alternative use is proposed, it must be clearly demonstrated as part of an accompanying Design and Access Statement that the community facility is no longer required.

Policy 50 sets this out in detail: The development of land which would adversely affect the operation of a community facility or result in its loss will only be allowed where: i) the existing facilities can best be retained or enhanced through redevelopment of the site; or ii) alternative provision of equivalent benefit is made available.

Page 53 Where it can be clearly demonstrated that a community facility is no longer required then alternative uses will be considered where they accord with other policies in the LDP.

It should be noted however that planning permission was granted for the relocation of the Youth and Community Centre via planning application 13/10242/FUL for the “Change of use from Residential use class (C3) to Youth Centre (Sui Generis)” of a building at Hay-on-Wye Primary School on Oxford Road.

Following receipt of planning permission for the relocation of the youth centre, the building was demolished in August 2014 due to health and safety concerns and maintenance costs associated with asbestos within the fabric of the building. Powys County Council confirmed that the facility was surplus to requirements.

The youth club has continued through the granting of the temporary permission at the former caretakers dwelling and it is the intention of the county council to incorporate community facilities into the redeveloped primary school.

As such, the Policy Officer is satisfied that there has been no loss of a community facility as a result of the proposed development, and does not object to the proposed development.

Impact upon character, appearance and visual amenities of the area. Policy 1 of the Local Development Plan states that development should ensure that the scale, form, design layout, density, intensity of use and use of materials will be appropriate to the surroundings and will maintain or enhance the park’s natural beauty, wildlife, cultural heritage and built environment.

In addition, Policy 19 of the LDP states that new development and alterations to existing buildings within or affecting the setting of a Conservation Area will only be permitted where it will preserve or enhance the character or appearance of the area and where the design, all building materials, proportions and detailing are appropriate to the Conservation Area.

The Hay on Wye Conservation Area Appraisal notes that development on the southern side of Oxford Road where it runs outside the perimeter of the original town walls is very disjointed and fragmented. This fragmented character continues around the corner to the site entrance, although the stone boundary wall following the bend in the road and continuing to the existing entrance provides some definition and containment.

Page 54

Although not within the conservation area, the site and its entrance are seen from views within the conservation area and also views into the conservation area.

The application is made in outline with matters of appearance, scale, layout and landscaping reserved for subsequent approval. As such, there is no specific details regarding these issues available. However the indicative layout shows a simple single access road which runs through the site east to west. It is considered that the layout of properties and the density proposed is in keeping with the pattern of development and general character of the area and will preserve the setting of the adjacent conservation area.

The height of the buildings given, 2 bed properties with a max heights of 10m, is considered to be excessive. Whilst the site level is lower than Oxford Road, it should be noted that properties 18/19 sit directly adjacent to Hill View bungalow. It is considered therefore that the maximum height should be no more than 8.5m in order to ensure the development does not overbear the neighbours and the surrounding street scene. A condition is recommended in this regard.

In addition, the parking provision of 1 space per 1 bed dwelling and 2 per 2 bed property shown on the indicative drawing is considered acceptable.

The Heritage Officer states that the existing high section of boundary wall and grass verge to the north of the site entrance makes a positive contribution to the setting of the conservation area. However, the frontage to Hardwick Road becomes more fragmented around the existing site entrance and the Heritage Officer points out that there is an opportunity to improve the townscape at this point.

At this outline stage it is unclear how the landscaping to each side of the access will integrate with the existing features such as this boundary wall to the north. The design of the access will be integral to creating a more defined frontage that is locally distinctive and sympathetic to the setting of the conservation area. It is recommended that full landscaping details will be conditioned to ensure that this element is appropriate to the setting and will improve the existing street scene at this point.

In principle there is no objection from a heritage perspective to the principle of redeveloping the site for housing with the access from Hardwick Road, subject to the detail being acceptable when an application for reserved matters is submitted. Redevelopment of the site will need to take account of the proximity of the conservation area. The indicative layout and general scale is considered to be acceptable, but the form, details and materials should be informed by a context appraisal that draws on the elements that make a positive contribution to the built environment in the locality. The Heritage Officer states that the Hay on Wye Conservation Area Appraisal contains information that can help this process. In particular, there is an opportunity to improve the frontage to Hardwick Road and the design of the entrance to the site will be integral to achieving this enhancement. Conditions are therefore

Page 55 recommended to control the materials and landscaping of the scheme.

As such, it is considered that, at this outline stage, the impact upon character, appearance and visual amenities of the area is considered to be acceptable in principle, and subject to sensitive design and landscaping, the scheme will comply with the above policies.

Access Policy 59 of the LDP states that development will be permitted where appropriate access can be achieved and a) traffic will not generate an unacceptable impact on congested areas or at times of peak traffic flows: b) traffic will not be generated at inappropriate times; c) there is no unacceptable impact on road safety and d) no significant environmental damage would be caused.

It is proposed to make use of the existing access to the site off Oxford Road/Hardwick Road, but to improve its visibility splays to 2.4m x 33m. This will entail some levelling of the access site with regards to the southern side, as it currently rises from road level to the height of Garibaldi Terrace, which sits some 500mm above road level. A retaining wall is proposed (0.65m- 1m in height) which runs along this side of the access along the footpath.

Whilst not impacting upon the visibility splay, this retaining wall will prevent access to the area immediately next to No 1 Garibaldi Terrace. This area is currently used as parking space by the occupier of this property. This space is accessed over the application site however, and is an informal arrangement. As such, limited protection can be afforded to this, and it is not considered that a recommendation of refusal on his basis can be justified. Similarly, the main entrance to this property (which has no front door) is also on the side elevation. Access to this will be through the new entrance to the site and between the new retaining wall and the existing stone wall. Again, this is unfortunate but limited protection can be given to the existing informal arrangement.

It may be worth noting that there is more than sufficient space within the development area to provide a dedicated parking space for this property (or to provide some garden rear garden area for example), however this would be a private arrangement between No 1 Garibaldi Terrace and the developers.

Further to a request from Powys County Council, a speed survey report/additional traffic data has been submitted in order to quantify and justify the visibility splay size. Concern has been raised by local residents and the Town Council that given the bend in the road at this point, increasing the use of the access may lead to highway safety issues.

However, following the submission of this information, Powys County Council are satisfied that the development will not have a detrimental impact upon highway safety, subject to conditions relating to the gradient of the access, the provision of the visibility splay, the construction of the access way and provision of parking spaces for dwellings (one car per bedroom) and the construction of the estate road and footway within the

Page 56 development. It should also be noted that the site was previously a community centre, and prior to that it is understood a school, and therefore the access would previously have been very busy at certain times.

The existing access arrangement to ‘Winterton’ and ‘Hill View’ will be retained through the development.

As such, subject to these conditions, it is therefore considered that the development complies with the above policies.

Neighbour Amenity The design details of the scheme are reserved for future approval, and as a result, it is not possible to fully assess the impact of the development upon neighbouring properties at this stage, with regards to loss of privacy, overshadowing and overbearing impact.

However and notwithstanding this, the indicative layout shows that the proposed dwellings can be orientated so that they do not directly overlook any habitable windows of any neighbour, from Garibaldi Terrace to the south east of the site, to the neighbouring properties along the northern border (along Oxford Road).

Dwellings number 18 & 19 are sited adjacent to Hill View Bungalow, and subject to the height being limited to 8.5m (as suggested above) it is not considered that they would have an unacceptable overbearing or overshadowing impact upon this property.

The side elevation of dwelling 1 is sited some 10m from the rear elevation of No 1 Garibaldi Terrace. No 1 and 2 Garibaldi Terrace which have no rear amenity space, and the rear fenestration directly looks over existing tarmac, previously used for parking. Tarmac is retained immediately to the rear of these properties, but a new hedgerow is proposed next to the rear amenity area and side of the nearest proposed dwelling, No 1. Given the 10m separation distance to the side elevation of proposed dwelling No 1, it is not considered that it will have an unacceptable overbearing or overshadowing impact upon the rear elevation of No 1 and 2 Garibaldi Terrace.

Similarly, the separation distances and existing/retained boundary treatments mean that the development will not have an unacceptably overbearing and overshadowing impact upon any other neighbour.

In terms of overlooking, the indicative layout shows units 1-5 facing south, and so any first floor rear fenestration of units 1-3 will overlook the rear amenity area of No 3 Garibaldi Terrace. However limited protection can be afforded to rear gardens, particularly in this instance when it is already overlooked by the adjoining neighbour (No 2 and 4 Garibaldi Terrace).

Similarly, the southern extreme of the rear amenity area of Caemawr Bungalow could be overlooked by first floor rear facing fenestration from unit 17, however again, it is not considered that this would be sufficiently detrimental to warrant a recommendation

Page 57 of refusal.

The indicative layout provided for this outline scheme also shows that the proposed properties will have an acceptable impact upon each other.

It is considered that the scheme can be designed to avoid any potential overlooking or excessive overshadowing of neighbouring properties. These matters will be considered in detail and ultimately determined at reserved matters stage.

It is therefore considered that the development is unlikely to have a detrimental impact on the residential amenities of existing neighbouring residents or future occupiers of the dwellings and will comply with national planning policy.

As stated above, access to where No 1 Garibaldi Terrace currently parks will be prevented by the new retaining wall along the south side of the access. Again, as this is an informal arrangement, it is considered that limited protection and weight can be given to the loss of this access.

Impact upon the natural environment LDP Policy SP3 requires that all proposals for development in the National Park must demonstrate that the development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of ecology and biodiversity assets both within and beyond designated sites.

In addition Local Development Plan Policy 6 states that development will only be permitted where; 1. the developer proves to the satisfaction of the NPA that there is no unacceptable loss or fragmentation or other impact of a habitat or landscape feature and/or increased isolation on important species as listed under Section 42 of the NERC act (habitats and species of principal importance to Wales), OR 2. A) the developer identifies habitats and landscape features of importance for wildlife within the site and provides for the further creation, positive management, restoration, enhancement or compensation for these habitats and features to ensure that the site maintains its nature conservation importance; and B) full provision is made for the future management of the site's habitats and features of nature conservation value. This will be secured either through Planning Obligations or the imposition of Planning Conditions; and C) there is no unacceptable loss/breaching of linear features (e.g. hedgerows, woodland belts). Development should seek to enhance linear habitat.

A phase one ecological survey and a bat habitat assessment has been submitted with this application, which is welcomed by the BBNPA Planning Ecologist.

The Ecology Officer describes the site as an area of general unmanaged grassland, the

Page 58 eastern third of which is where the former community centre was sited and is now ‘hardcore’, tarmac and a pile of rubble.

The Ecology Officer identifies the hedgerow along the southern boundary (which is shown on historic maps) as having a good diversity of shrubby species. This hedgerow is shown on the indicative drawing as being retained.

Similarly, the conifer hedgerow on the eastern boundary of the site, whilst of less biodiversity value, remains a wildlife corridor and is also to be retained. It is stated that this could be improved in ecological value by its replacement with a native-species hedgerow.

Subject to conditions regarding detailed method statement for the clearance of the site (to mitigate against any possible impact on slow worms on the site), replacement tree planting (see below), biodiversity enhancement measures such as bat bricks or tubes, appropriate external lighting and a detailed landscaping scheme, the Ecology Officer has no objection to the scheme and is satisfied that the development can provide an ecological enhancement to the site.

Policy 8 of the LDP states that permission will be granted where the NPA is satisfied that: a) Trees and their root systems (including associated soil) are retained and adequately protected prior to, during and after development; and/or b) Where the NPA agrees to the removal of trees as part of the development scheme, appropriate replacement must be provided on site utilising native trees of local provenance.

A basic tree report has been submitted, which gives some limited information on what trees and hedges are on site, their general condition and some height and spread measurements. A mature alder tree at the site entrance has been removed.

There are a number of other medium and large sized trees around the edges of the site, as well as some formal and informal hedgerows along the boundaries.

The indicative site layout shows some parking spaces and retained open space in the North East corner of the site, and it should be possible for suitable replacement tree planting in this space.

As such the BBNPA Tree consultant has no objection to the proposed development, subject to a comprehensive tree survey being submitted, and suitable replacement trees being incorporated into the landscaping plan.

Having regard to the above, it is considered that the development will successfully comply with the above policies.

Drainage/Flooding

Page 59 Policy SP3 of the LDP advises that developments in the National Park must demonstrate that they do not have an unacceptable impact on, nor detract from, or prevent the enjoyment of c) the water environment.

Policy 56 (Water and Sewerage Supply for New Development) allows schemes if adequate water and mains sewerage infrastructure exists or can be provided without detriment to water quality, nature conservation interest or residential amenity. Where appropriate the NPA will impose a planning condition or obligation to ensure that adequate services are available to serve the development.

A drainage strategy document has been submitted with the application. The drainage serving the development on this previously developed site, will be designed and specified to comply with Building Regulations (Part H) and Sewers for Adoption 7th edition as appropriate.

The site is located within an area of low/little risk of flooding according to TAN 15 development advice maps, and Natural Resources Wales Development Advice Flood maps also indicate that the site is located with a Flood Zone A – ‘considered to be at little or no risk of fluvial or coastal/flooding’.

However details have been submitted by neighbouring residents of past flooding on the site, and it is clear that, given the geographical position and land levels there is a possibility of surface water flooding on the site.

Full details of a drainage strategy are yet to be submitted, however an initial permeability test promoted the use of soakaways as part of a sustainable urban drainage (SUD’s) strategy. This is considered to improve the drainage capacity and performance of the site compared to the existing/previous uses. As a previously developed brownfield site, as stated in the drainage report, ‘the new drainage system will be measured against the performance of the site with a reduction of surface water run off volume therefore providing betterment’.

Dwr Cymru/Welsh Water have no objection to the scheme, subject to conditions requiring foul and surface water to be drained separately, and full details of a drainage scheme being submitted to and approved in writing by the LPA, and state that no problems are envisaged with the Waste Water Treatment Works for the treatment of domestic discharges from this site, nor with the provision of water supply for this development.

In addition, NRW have no objection to the proposal, and neither do Powys CC Land Drainage Department.

It is therefore considered that the development is capable of complying with the above policies, subject to the imposition of conditions, particularly with regards to an appropriate detailed drainage scheme.

Page 60 Archaeology Local Development Plan policy SP3 States that ‘All proposals for development or change of use of land or buildings in the National Park must demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of … archaeological features’.

In addition, policy 22 states that ‘Where important archaeological remains are known to exist or may exist within an area for archaeological evaluation, the archaeological implications of development proposals shall be evaluated by qualified and independent Archaeologists before planning applications are determined. Planning permission will not be granted where the evaluation is deemed inadequate by the NPA in consultation with its archaeological advisor.’

The BBNPA Archaeology Officer states that the ground works associated with the proposed development, including new foundations, footings, drainage and service trenches and any landscaping works have the potential to damage or destroy any surviving archaeological remains, particularly in areas that have not previously been developed such as the western area of the site. The previous development of the former community centre on the eastern portion of the site will have damaged, or potentially destroyed any surviving archaeological remains in this area of the site.

An initial desk based assessment was submitted with the application, which concluded and recommended that there is insufficient information available at present to make a full assessment of the archaeological sensitivity of this part of the site or to assess the significance of any surviving archaeological remains.

The BBNP Archaeology Officer stated that without further information it will not be possible to adequately assess the archaeological impact of the proposed development, the need to preserve the remains in situ or advise on archaeological mitigations that may be required.

As such, a further more comprehensive archaeological evaluation report was requested, and submitted.

In the temporary absence of a BBNPA Archaeologist, this information was submitted to an Archaeology consultant who was satisfied that there is likely to be very little of archaeological significance in the site, with no evidence of medieval occupation, and therefore there is no requirement for additional archaeological work as part of a condition to be required.

As such, it is considered that the proposed development complies with the above policies.

Affordable Housing All proposals which result in the net gain of dwellings are required to make a contribution towards affordable housing. This is implemented through Policy 28 of the

Page 61 LDP which sets out that the contribution will either be through on site provision, a commuted sum, or a mix of both mechanisms. The implementation of this policy is supplemented by the Affordable Housing Supplementary Planning Guidance (BBNPA September 2014).

Hay on Wye is a Level 2 Key Settlement. Proposals for development within Key Settlements will be required to contribute positively to their setting and enhance the quality of the landscape without adverse impact on the wildlife, natural beauty, cultural heritage, environmental assets or biodiversity of the area.

This policy goes on to support ‘proposals that strengthen and enhance the mix of housing types and tenure options within the Town , including provision of housing meeting Lifetime Homes standards where appropriate, on land identified as being within environmental limits’.

Policy 28 also states that development in Hay is expected to provide 30% affordable housing. The applicant, Wales and West Housing Association, state that all 19 dwellings will be affordable (as defined by the Policy) in compliance with this policy. A legal agreement will be completed to secure this.

As such and subject to a signed legal agreement, it is considered that the proposed development complies with the above policies.

Notwithstanding the above, a number of objections have been received for the application, the relevant issues pertaining to which have been addressed above. With regards to consultation, at the submission of this application no formal pre-submission consultation is formally required of the developer, and the application, once submitted has been advertised according to the standard procedures of the LPA. In addition, notice was served upon both No 1 Garibaldi Terrace and Powys CC Highways by the developer given that the red line development boundary includes land under their ownership.

In addition, Hay Town Council have objected to the proposal, again the issues pertaining to which (flooding, the retaining wall, and the site access and road infrastructure), have been addressed above.

Conclusion It is recommended that the proposed outline development is acceptable (subject to a s106 legal agreement) and should be approved subject the following conditions:

RECOMMENDATION: Permit

Conditions and/or Reasons:

Page 62 1 The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last reserved matters to be approved, whichever is the later. 2 Approval of the details of the layout, scale and appearance of the building[s] and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced. 3 Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. 4 The development shall be carried out in all respects strictly in accordance with the access details as indicated on the approved plans (drawing nos. 3469/PA/004 (NP2v1), SK010 P2 (NP5v2) unless otherwise agreed in writing by the Local Planning Authority. 5 The number of dwellings on site shall not exceed 19. 6 No development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 7 No development shall take place until details of the materials to be used for the hardstanding within the site have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 8 Foul water and surface water discharges shall be drained separately from the site. 9 No development shall commence until a drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The scheme shall provide for the disposal of foul, surface and land water, and include an assessment of the potential to dispose of surface and land water by sustainable means. Thereafter the scheme shall be implemented in accordance with the approved details prior to the occupation of the development and no further foul water, surface water and land drainage shall be allowed to connect directly or indirectly with the public sewerage system. 10 The gradient of the access shall be constructed so as not to exceed 1 in 30 for the first 10.0 metres measured from edge of the adjoining carriageway along the centre line of the access and shall be retained at this gradient for as long as the development remains in existence. 11 Within 5 days from the commencement of the development the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 33.0 metres distant in each direction measured from the centre of the access along the edge of the adjoining carriageway. Nothing shall be planted, erected or allowed to grow on the area(s) of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction for as long as the development hereby permitted remains in

Page 63 existence. 12 Within 5 days from the commencement of the development the area of the access to be used by vehicles is to be constructed to a minimum of 410mm depth, comprising a minimum of 250mm of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 20.0 metres from the edge of the adjoining carriageway. Any use of alternative materials is to be agreed in writing by the Local Planning Authority prior to the access being constructed. 13 Prior to the occupation of the dwellings, provision shall be made within the curtilage of the site for the parking of not less than one car per bedroom excluding any garage space provided. The parking areas shall be retained for their designated use in perpetuity. 14 The gradient from the back of the footway/verge to the vehicle parking areas shall be constructed so as not to exceed 1 in 15 and shall be retained at this gradient for as long as the dwellings remain in existence. 15 Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the parking of all construction vehicles together with a vehicle turning area. This parking and turning area shall be constructed to a depth of 0.3 metres in crusher run or sub-base and maintained free from obstruction at all times such that all vehicles serving the site shall park within the site and both enter and leave the site in a forward gear for the duration of the construction of the development. 16 Prior to the occupation of the development a radius of 6.0 metres shall be provided from the carriageway of the county highway on each side of the access to the development site and shall be maintained for as long as the development remains in existence. 17 Any internal side-road junctions shall have a corner radii of 6.0 metres. 18 No building shall be occupied before the estate road carriageway and one footway shall be constructed to and including binder course level to an adoptable standard including the provision of any salt bins, surface water drainage and street lighting in front of that building and to the junction with the county highway. 19 The estate road carriageway and all footways shall be fully completed, in accordance with the details to be agreed in writing by the Local Planning Authority, upon the issuing of the Building Regulations Completion Certificate for the last house or within two years from the commencement of the development, whichever is the sooner. The agreed standard of completion shall be maintained for as long as the development remains in existence. 20 Prior to the occupation of the dwellings the area of the access to be used by vehicles is to be finished in a 40mm bituminous surface course for a distance of 20.0 metres from the edge of the adjoining carriageway. This area will be maintained to this standard for as long as the development remains in existence. 21 Upon formation of the visibility splays as detailed in HC4 above the centreline of any new or relocated hedge should be positioned not less than 1.0 metre to the rear of the visibility splay and retained in this position as long as the development remains in existence.

Page 64 22 Prior to commencement of development works, a full working method statement to protect nature conservation interests (particularly hedgerows, nesting birds and reptiles) at the site shall be submitted to the Local Planning Authority and shall be implemented as approved. Construction measures and the method statement shall incorporate the recommendations in Section 6 of the ecological report (Extended Phase One Survey - Land Adjacent to Oxford Road, Hay-on-Wye, Powys by Richard Watkins dated November 2015). 23 Prior to the commencement of development works, a biodiversity enhancement scheme, to include provision of reptile habitats and at least twenty features for bat roosting or bird nesting, shall be submitted to and approved in writing by the Local Planning Authority. The biodiversity enhancement scheme shall make reference to the BBNPA's Supplementary Planning Guidance - Biodiversity in the Towns of the Brecon Beacons National Park. The scheme shall include provision for long-term management and shall be undertaken and/or installed prior to the first beneficial use of the development hereby approved, in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. Following the installation of the approved scheme, a report confirming adequate installation shall be submitted to the Local Planning Authority. 24 Prior to the commencement of the development, a landscaping plan that shall include use of native species, shall be agreed with the Local Planning Authority and shall be implemented in the first planting season following implementation of the development. The plan shall include details of the planting specifications - the species, sizes and planting densities - and a timetable for implementation and future management to ensure good establishment. Suitable replacement tree planting shall incorporated into the landscaping plan to mitigate for the loss of the Aldertree at the entrance to the site. 25 No external lighting shall be installed until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with bat mitigation/enhancement measures and shall be implemented as approved. 26 Prior to any development works taking place, a tree survey in accordance with 'BS5837 : 2012 Trees in relation to design, demolition and construction - Recommendations' - to include all trees around the development boundary plotted onto a tree location plan, a tree constraints plan clearly showing the root protection areas for the trees and any trees to be removed, and a tree protection plan showing the type and position of the protective fencing around retained trees shall be submitted to and approved in writing by the LPA. The developments shall be carried out in accordance with the approved details.

Reasons:

1 Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 2 To enable the National Park Authority to exercise proper control over these aspects of the development. 3 Required to be imposed by Section 92 of the Town and Country Planning Act

Page 65 1990. 4 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 5 To allow the Local Planning Authority to retain control over the final scale of the development. 6 To ensure that the materials harmonise with the surroundings. 7 To ensure that the materials harmonise with the surroundings. 8 To protect the integrity of the public sewerage system. 9 To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment. 10 To ensure the safety and free flow of traffic using the adjoining county class II road. 11 To ensure the safety and free flow of traffic using the adjoining county class II road. 12 To ensure the safety and free flow of traffic using the adjoining county class II road. 13 To ensure the safety and free flow of traffic using the adjoining county class II road. 14 To ensure the safety and free flow of traffic using the adjoining county class II road. 15 To ensure the safety and free flow of traffic using the adjoining county class II road. 16 To ensure the safety and free flow of traffic using the adjoining county class II road. 17 To ensure the safety and free flow of traffic using the adjoining county class II road. 18 To ensure the safety and free flow of traffic using the adjoining county class II road. 19 To ensure the safety and free flow of traffic using the adjoining county class II road. 20 To ensure the safety and free flow of traffic using the adjoining county class II road. 21 To ensure the safety and free flow of traffic using the adjoining county class II road. 22 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the Brecon Beacons National Park. 23 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the Brecon Beacons National Park. 24 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the Brecon Beacons National Park. 25 To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the

Page 66 Natural Environment and Rural Communities Act 2006. 26 In order to protect the amenities of the site, in accordance with LDP Policy 8 of the Brecon Beacons National Park.

Informative Notes:

1 Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000. 2 The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com.

The applicant is also advised that some public sewers and lateral drains may not be recorded on Dwr Cymru/Welsh Waters maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist Dwr Cymru/Welsh Waters in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

Page 67 This page is intentionally left blank ENC7Item 2

Brecon Beacons National Park Authority

PLANNING, ACCESS, AND RIGHTS OF WAY

COMMITTEE

23 August 2016

RECOMMENDATIONS OF THE DIRECTOR OF

PLANNING ON APPLICATIONS FOR

DETERMINATION BY

THE PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

Page 69

ITEM NUMBER: 2

APPLICATION NUMBER: 16/13260/FUL APPLICANTS NAME(S): Hall School Wimbledon SITE ADDRESS: Llanbrynean Farm Llanfrynach Brecon LD3 7BQ GRID REF: E: 307606 N:225335 COMMUNITY: Llanfrynach DATE VALIDATED: 15 March 2016 DECISION DUE DATE: 10 May 2016 CASE OFFICER: Donna Bowhay

PROPOSAL Change of use, full renovation and development of Llanbrynean Farm house and barns to a residential education facility, to include the demolition of the existing single storey link building and provision of a new single storey link extension, minor external works to create a patio area and use of land for informal outdoor recreation activities.

ADDRESS Llanbrynean Farm, Llanfrynach, Brecon

Page 70 CONSULTATIONS/COMMENTS

Natural Resources Wales/Cyfoeth Naturiol Cymru 18th Apr 2016 Thank you for consulting Natural Resources Wales (NRW) regarding the above planning application on 18 March 2016. We have significant concerns with the development as submitted. In regard to foul drainage proposals the applicant should adopt a hierarchical approach, connecting into the public foul sewer in the first instance and where it is demonstrated as not being feasible nor practicable to do so then the applicant is to provide sufficient evidence and reasoning. We would ask to be re-consulted on the additional information to enable further representations to be made. Further, it is our view that unacceptable environmental effects upon the Impact on the River Usk Special Area of Conservation and River Usk (Tributaries) Site of Special Scientific Interest cannot be ruled out and as a result of foul drainage proposals. We would also recommend that your authority carries out a Habitats Regulations Assessment for the River Usk Special Area of Conservation. We also provide our advice on European Protected Species (bats). Should your Authority be minded to permit development then we ask that the following matters are secured through the inclusion of suitable planning controls, through conditions and/or a Section 106 agreement; (1) No commencement of development works until your Authority has been provided with a licence that has been issued to the applicant by NRW, pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations (2010), authorising the specified activity and/or development to proceed, or NRW has informed the applicant in writing that such a licence is not required. (2) A detailed European Protected Species method statement setting out mitigation measures to be agreed with your Authority; and, (3) Detailed lighting plans to ensure dark corridors are retained for bat flight lines and that roost access points are not illuminated, to be agreed with your Authority.

These measures (1-3) should be effectively implemented and unless otherwise agreed with your Authority. NRW provides informative advice about local biodiversity and the NRW remit.

Foul Drainage Arrangements Connection into the Public Sewerage System. We recognise that before deciding a planning application, the Local Planning Authority needs to be satisfied that the foul drainage arrangements are suitable. In this case it may be possible for the applicant to connect into the existing public sewerage system. We refer you to Welsh Office Circular 10/99 (paragraphs 3 and 4), which stresses that the first presumption must be to provide a system of foul drainage discharging into a public sewer. Only where having taken into account the cost and/or practicability it can be shown to the satisfaction of the local planning authority that connection to a public sewer is not feasible, should non-mains foul sewage disposal solutions be considered. The installation of private sewage treatment facilities within publicly sewered areas is not normally considered environmentally acceptable because of the greater risk of failures leading to pollution of the water environment compared to public sewerage systems. In this case the

Page 71 receiving watercourse would be part of the River Usk SAC/River Usk (Tributaries) SSSI (please refer to advice given in this letter about these designated sites).

The applicant currently proposes the discharge of foul water through a new package treatment plant with the final effluent being discharged into a herringbone field drainage system (soakaway). We note that a form for Use of Non-mains Sewerage has been completed and a Soil Infiltration Test Report has been prepared by Terra Firma (Wales) Ltd (REF: BDJ/13184/Let1; Dated: 30 April 2015). We note from the form that the public foul sewer is estimated to be 100 metres, plus from the development. Given the proposed development, however, we would ask that connection into the public foul sewer is assessed further. It is unclear to us on whether connection into the public main sewer is feasible and practicable. Costs and benefits should be assessed. Please be advised that lack of capacity, or plans to improve capacity in the sewer, is not a valid reason for a sewerage undertaker to refuse connection under Section 106 of the Water Industry Act 1991. The applicant should thoroughly investigate the possibility of connecting to the foul sewer by undertaking discussions with Dwr Cymru/Welsh Water (DCWW) and then provide written confirmation as to whether connection is possible or not, with reasoning. As part of this information, we also ask for information on the estimated volume of foul effluent to be treated (in accordance with flows and loads calculations) to be provided.

Following confirmation of foul drainage proposals, NRW may provide observations on the additional information received. We would ask that a reasonable timescale is agreed for re- consultation and for further representations to be made.

Non-Mains Drainage; Package Sewage Treatment Plant Non-mains sewage proposals included in development applications should be the subject of an assessment of their effects on the environment, amenity and public health in the locality, in accordance with the criteria set out in Welsh Office Circular 10/99 (Annexe A), prior to the determination of the planning application. As part of this assessment, the applicant should confirm that the land proposed for soakaway has adequate permeability. British Standard Code of Practice for the design and installation of drainage fields for use in wastewater treatment BS 6297:2007 A1:2008 states that drainage field disposal should only be used when percolation tests indicate average values of Vp (velocity porosity relationship) between 15 and 100.

Regulatory Controls in addition to Planning Permission Should it be assessed and agreed that connecting into the public sewerage system is not viable then the applicant should be made aware that where a property has a package sewage treatment plant there is a legal requirement for the discharge to be registered with NRW. Subject to certain criteria being satisfied, the applicant may be able to register for an exemption. If this criteria is not met then an Environmental Permit should be obtained from us.

The applicant should ensure that the foul drainage system complies with British Standards and is suitably maintained, in the future. Further information is available online at: https://naturalresources.wales/apply-for-apermit/ environmental-permitting-regulations-guidance/epr-guidance/?lang=en. Should the applicant require assistance on this matter then please call our Natural Resources

Page 72 Management Team and ask for our Environment Officer Ms Fen Turner, tel.no. 0300 065 3000. River Usk Special Area of Conservation and River Usk (Tributaries) Site of Special Scientific Interest River Usk Special Area of Conservation (SAC).

As a Competent Authority for the purposes of the Conservation of Habitats and Species 2010 Regulations (as amended), your Authority must not agree to any plan or project unless you are certain that it will not adversely affect the integrity of a Special Area of Conservation (SAC). With regard to material planning considerations and in order for your Authority to be able to consider whether or not to approve the planning application you must be satisfied that it is in possession of information adequate to conclude an appropriate assessment under the Habitats Regulations.

We note that the applicant wises to dispose of foul waters via a package treatment plant and soakaway, which may discharge into the Nant Menascin, this watercourse being part of the River Usk Special Area of Conservation (SAC) and River Usk (Tributaries) Site of Special Scientific Interest (SSSI). Please refer to our comments and advice on the use of a package treatment plant at this location. We recommend that you give due consideration to the test of likely significant effects (TLSE) for the SAC and consider such matters in the context of foul drainage information. If a TLSE concludes there is likely to be a significant effect then an appropriate assessment of the impacts on the SAC from the proposed works, either alone or in combination with other plans and projects, will be required. We would be able to assist you with that assessment in our role as the statutory nature conservation body under the above Regulations. River Usk (Tributaries) Site of Special Scientific Interest (SSSI) Regarding the Site of Special Scientific Interest (SSSI), Section 28G of the Wildlife and Countryside Act 1981 (as amended) places a duty on public authorities in exercising their functions, so far as this is likely to affect the flora, fauna, geological or physiographical features of a SSSI, to take reasonable steps consistent with the proper exercise of their functions to further the conservation and enhancement of those features. It is our view that appropriately addressing these matters for the SAC will likely satisfy the duties under Section 28G regarding the SSSI. We are willing to assist your Authority on this matter.

European Protected Species We refer you to the contents of the following reports: a) 'Hall School, Wimbledon - Llanbrynean Farm - Preliminary Ecological Appraisal Report' by Wildwood Ecology Ltd (their ref: WWE141201/PEA; dated 13 January 2015); b) 'Hall School, Wimbledon - Llanbrynean Farm - Wildlife Protection Plan' by Wildwood Ecology Ltd (their ref: WWE141201/WPP; dated 16 December 2015); c) 'Llanbrynean Farm, Llanfrynach, Brecon: Swallows' by Smith Ecology Limited (their ref: Issue 1.2 ;dated 09 February 2016); and, d) 'Llanbrynean Farm, Llanfrynach, Brecon: Bats - Survey and Method Statement' by Smith Ecology Limited (their ref: Issue 3.1; dated 11 February 2016). From the evidence provided in these reports a number of bat roosts on site are present, including a maternity roost of lesser horseshoe and pipistrelle bats. Bats, along with their breeding sites and resting places, are protected under the Conservation of Habitats and Species Regulations 2010 (as amended). Where bats are present and a development proposal is likely to contravene the legal protection they are afforded, the development may only

Page 73 proceed under licence issued by NRW, having satisfied the three requirements set out in the legislation. A licence may only be authorised if: i. The development works to be authorised are for the purpose of preserving public health or safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment; ii. There is no satisfactory alternative; and iii. The action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in its natural range.

We refer you to advice given in paragraph 6.3.7 of Technical Advice Note 5: Nature Conservation and Planning (TAN5), which explains that your Authority should not grant planning permission without having satisfied itself that the proposed development either would not impact adversely on any bats on the site or that, in its opinion, all three conditions for the eventual grant of a licence are likely to be satisfied.

On the basis of the information provided, we are of the view that the proposed development is likely to give rise to the need for a licence application. However, we do not consider that the development is likely to be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in its natural range.

Therefore, for these matters, we do not object to the development, subject to: a) a detailed European Protected Species method statement setting out mitigation measures to be agreed with your Authority; b) detailed lighting plans to ensure dark corridors are retained for bat flight lines and that roost access points are not illuminated, to be agreed with your authority; and, c) no commencement of development works until your Authority has been provided with a licence that has been issued to the applicant by NRW pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations (2010) authorising the specified activity and/or development to proceed, or NRW has informed the applicant in writing that such a licence is not required.

Please note that the granting of planning permission does not negate the need to obtain a licence. We advise recipients of planning consent who are unsure about the need for a licence to submit a licence application to us.

Natural Environment and Rural Communities (NERC) Act 2006 Please note that we have not considered possible effects on all species and habitats listed in section 42 of the Natural Environment and Rural Communities (NERC) Act 2006, or on the Local Biodiversity Action Plan or other local natural heritage interests. To comply with your authority's duty under section 40 of the NERC Act, to have regard to conserving biodiversity, your decision should take account of possible adverse effects on such interests. We recommend that you seek further advice from your authority's internal ecological adviser and/or nature conservation organisations such as the local Wildlife Trust, RSPB, etc. The Wales Biodiversity Partnership's web site has guidance for assessing proposals that have implications for section 42 habitats and species (www.biodiversitywales.org.uk). NRW Remit

Page 74 If the applicant requires guidance on matters within our remit then this can be found on our website at www.naturalresourceswales.gov.uk. Here, we provide guidance on environmental planning and regulatory issues, which includes topics on foul drainage, pollution prevention, waste management, biodiversity and protected species.

We trust our representation is of assistance. However, if you have do have any queries then please contact us.

Natural Resources Wales/Cyfoeth Naturiol Cymru 12th Jul 2016 Thank you for re-consulting Natural Resources Wales (NRW) regarding amendments to the above planning application on 22 June 2016. In our previous representation letter of 18 April 2016 (our ref: CAS-16894-B4H6), we raised concerns regarding foul drainage and potential impacts upon the River Usk Special Area of Conservation(SAC) and River Usk (Tributaries) Site of Special Scientific Interest (SSSI).

We refer you to the amended application form, details shown on drawing no. 3415 201A Services Plan (dated January 2016) and supporting information of 22 June 2016 prepared by Geraint John Planning Limited, which identify changes to the foul water drainage arrangements. Dwr Cymru/Welsh Water has confirmed that the public foul sewer will be able to receive foul water discharges from Llanbrynean Farm via a pumping chamber. Operating and maintenance guidelines for the pump have also been provided.

The amended application form also confirms that sustainable drainage systems will treat any surface water disposal generated from the development. We therefore no longer have significant concerns regarding foul drainage and impacts upon the SAC/SSSI. We would, however, refer you to our representation letter of 18 April 2016, where our advice on European Protected Species (bats) remains valid.

NP Senior Heritage Officer (Building Conservation) 27th Jul 2016 The additional information now supplied covers all the issues I originally raised and can now supply a recommendation for approval.

NP Senior Heritage Officer (Building Conservation) 12th Jul 2016 National Policy Framework Planning Policy Wales (Edition 8: Jan 2016): Paragraph 6.5.9 recognises the importance of protecting the historic environment and states that: "Where a development proposal affects a Listed Building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses" The adopted LDP states that: Policy 15

Page 75 Listed Buildings All listed building consent application will be determined in accordance with National Policy as set out in Circular 61/96. Proposals for planning permission which impact on a listed building or its curtilage including the alteration, extension or change of use, whether internally or externally, will only be supported where it can be shown that there will be no significant harm to the special historic or architectural character and setting of the building or historic features.

1.Conversion / Alteration / Extension / Change of Use of a listed building The conversion, alteration, extension or change of use of a listed building will only be permitted where the following criteria are satisfied: a) The proposal conserves the contribution made by the building to the character of the National Park. b) The materials and finishes used in the building works are compatible in all respects with those of the existing structure. c) The proposal conforms with all other relevant policies of this plan and national guidance d) The development would not have a detrimental effect on the setting of a listed or traditional building.

Considerations The new plans supplied cover most of the issues raised previously. The small section of wall next to the chimney stack in the present kitchen is now shown as retained, the steel gabions have been replaced in the a stone wall to match the others on site, the plans are marked that they include the machinery but as there is no annotation on the plans showing where the machinery is or what it is that remains it is impossible to determine what is being retained and where it is.

Conclusion That the plans need to be annotated clearly relating to the machinery. Unfortunately it would not be appropriate to condition this otherwise I would be happy to do so.

Dwr Cymru Welsh Water - Developer Services 28th Jun 2016 We refer to your planning consultation relating to the above site, and we can provide the following comments in respect to the proposed development.

SEWERAGE Conditions Only foul water from the development site shall be allowed discharge to the public sewerage system and this discharge shall be made between manhole reference number SO07254401 and SO07255510 as indicated on the extract of the Sewerage Network Plan attached to this decision notice. Reason: To prevent hydraulic overloading of

Page 76 the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment. No surface water and/or land drainage shall be allowed to connect directly or indirectly with the public sewerage network. Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment. The approved use shall not commence until an adequate grease trap has been fitted in accordance with details that have been submitted to and approved in writing by the local planning authority. Thereafter the grease trap shall be maintained so as to prevent grease entering the public sewerage system. Reason: To protect the integrity of the public sewage system and ensure the free flow of sewage. Advisory Notes. The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

If you have any queries please contact the undersigned on 0800 917 2652 or via email at [email protected]

Please quote our reference number in all communications and correspondence.

NP Heritage Officer Archaeology 13th Jul 2016 National Policy Framework Welsh planning legislation and policy guidance outlines that the desirability of preserving archaeological remains and their setting is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.1).

Paragraph 6.5.1. 'The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled.

Page 77 Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. In cases involving lesser archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development.'

This means that Local Planning Authorities in Wales have to take into account archaeological considerations and deal with them from the beginning of the development control process (WO Circular 60/96 Para. 10), and need to be fully informed about the nature and importance of archaeological remains, and their setting, and the likely impact of any proposed development upon them (WO Circular 60/96, Para. 15).

The outbuildings in particular retain a remarkable number of original features, fixtures and fittings. The presence of a date plaque built internally in one of the outbuildings stating 'John Bullock Lloyd Esq. 1797' suggests that elements of the fabric of the buildings may have been re- used from elsewhere.

The association of the farm with David Morgan, a local man who rose to prominence as founder of the David Morgan department store, an independent department store in Cardiff that trades for 125 years, further enhances its significance.

The significance of the buildings at the site have been recognised by the Welsh Government with the buildings being given Grade II listed status as a Model Farm. The site is also located within 100m of the Middle Usk Valley: Brecon and Llangorse Landscape of Special Historic Interest in Wales. This nationally important landscape is a product of a complex farming and settlement history.

A record of a Roman coin hoard is located within 300m of the development site (CPAT PRN 119426). Thirteen coins are recorded as having been recovered before 1909 and may have been found in the same location as a possible Roman villa to the north-west of the site (CPAT PRN 17808). Post-medieval structures incorporating 5 Bee holes (CPAT (PRN 17735) and a post-medieval quarry recorded on historic maps are also recorded within 300m of the site.

Page 78 A complex of undated earthworks incorporating rectangular enclosures and linear ditches have been recorded from aerial photography within 300m to the ENE of the appraisal site (RCHMW NPRN 300862).

Archaeological Impact of the development Development proposals include some intrusive ground works. Information on depth and extent of landscaping, or extent of drainage trenching required is not currently available. However, proposals likely to impact upon potential sub-surface deposits include landscaping associated with the construction of a cottage garden/ allotment to the rear of the property and an area of hard landscaping adjacent to the south-east of the property (Plan NP41v2). Foul drainage trenching will also be required (NP16v2).

It is considered that there is a good potential for features or deposits associated with the working of the Model Farm to be encountered. These could include features associated with water management and hydrological energy at the farm.

Any surviving archaeological remains, features or deposits encountered would be damaged or destroyed during the course of the development, and this needs to be appropriately mitigated through the maintenance of an archaeological watching brief. Mitigation Required

An Archaeological Watching Brief is required to allow any archaeological remains encountered during the development to be preserved by record to mitigate the potential damage to archaeological remains. An appropriate condition to use would be:

The developer will ensure that a suitably qualified archaeological contractor is present during the undertaking of selected ground works in the development area, so that an archaeological watching brief can be maintained. The archaeological watching brief will be carried out in accordance with a brief issued by the local planning authority and a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority, which must meet the standards laid down by the Chartered Institute for Archaeologists in their Standard and Guidance for an Archaeological Watching Brief. The Local Planning Authority must be informed at least 2 weeks prior to the commencement of the development of the name of the archaeological contractor appointed to undertake the Watching Brief. A copy of the Watching Brief report shall be submitted to the Local Planning Authority for approval, and following approval to the Royal Commission on the Ancient and Historical Monuments of Wales for inclusion in the National Monument Record, and to Clwyd Powys Archaeological Trust for inclusion in the Regional Historic Environment Record (HER) within two months of the fieldwork being completed.

Reason: To ensure that any remains of archaeological significance disturbed in the course of the development are excavated, recorded and reported.

NP Tree Consultant 18th May 2016

Page 79 Thank you for forwarding the applicants recent comments regarding the trees on site.

I have read through their comments and I am satisfied that, provided they follow the procedure they have stated, no undue harm would come to the retained trees on site.

I have no further objections to this application.

Llanfrynach Community Council 12th Apr 2016 The Community Councillors are supportive of the above planning application.

Powys County Council Highways 30th Mar 2016 The County Council as Highway Authority for the County Unclassified Highway, U0538 wish the following recommendations/Observations be applied

Recommendations/Observations I recommend the following conditions be included on any permission granted:-

HC4 Within 5 days from the commencement of the development the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 41.0 metres distant in each direction measured from the centre of the access along the edge of the adjoining carriageway. Nothing shall be planted, erected or allowed to grow on the area(s) of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction for as long as the development hereby permitted remains in existence.

Reasons To ensure the safety and free flow of traffic using the adjoining county unclassified road.

Powys County Council Contaminated Land 21st Mar 2016 Advice The Planning Application proposal involves the change of use of a barn to a residential educational facility. Former barns and agricultural land could contain potential sources of contamination depending on what they were used for in the past such as: pesticides, fuels and oils, slurry tanks and pits, fire sites, animal burial pits or other buried waste, fertiliser, sheep dip pits, asbestos, old machinery, waste chemical drums and ammunition.

Paragraph 13.5.1, of Chapter 13 'Minimising and Managing Environmental Risks and Pollution', of the Welsh Government document 'Planning Policy Wales' (2014) advises: "responsibility for determining the extent and effects of instability or other risks remains that of the developer. It is for the developer to ensure that the land is suitable for the development proposed, as a planning authority does not have a duty of care to landowners".

Page 80 In consideration of the application proposal and the history of the application site it is advised that the following Informant should be included on any permission granted for Planning Application 16/13260/FUL:

Potential Contamination Informant The development is identified as being potentially affected by land contamination due to its former agricultural use. Therefore, should any made ground and/or contamination be identified during the development it would be practical to investigate and assess any potential risks, and to inform the Council's Contaminated Land Officers immediately.

Powys County Council Public Protection And Env Health 21st Mar 2016 I have no comment in respect of the above application.

NP Strategy And Policy 26th Apr 2016 The development plan for the area is the Brecon Beacons National Park Local Development Plan 2007-2022 (hereafter LDP) which was adopted by resolution of the National Park Authority on the 17th December 2013.

My observations relate to the proposals compliance with the strategy and policy of the LDP.

Proposal The proposal seeks the conversion of an existing farm house and surrounding barns for the purposes of providing a residential education facility (C2 use class).

LDP Policy Context The proposal is located in an area of open countryside as defined by the LDP Proposals Map. The LDP defines countryside locations as areas unsuitable to accommodate future development in accordance with the Environmental Capacity of the National Park. In these areas there is a presumption against development with the exception given to those development forms where there is a defined essential need for a countryside location. Strategy policy CYD LP1 sets out the forms of development that are considered acceptable within these parameters. Criteria 1 of this policy enables proposals that capitalise on improving the existing building stock and/or utilises previously developed land and/or re-uses redundant buildings including (b) Proposals to re-instate redundant buildings to the following beneficial uses (i) Commercial, Sport, Tourism or Recreation use.

Having reviewed the planning file, I am satisfied that the proposal forms a beneficial re-use under tourism/sport/recreation categories of this policy.

In general the LDP is supportive of development which, in accordance with our second statutory duty, provides opportunities for the greater understanding and enjoyment of the National Park. Accordingly the LDP takes a supportive view of the development of Outdoor Activity Centres, so long as they are appropriately sited and are of an insensitivity of use

Page 81 relevant to their location. Policy 48 details the criteria that will be applied to such development in order to ensure the appropriateness of such development. Criteria (b) of this policy are supportive of the reuse of existing buildings for the provision of outdoor activity centres. Accordingly, as the proposal mainly regards the conversion of existing buildings (without substantive extension) the proposal complies in principle with policy 48.

The policy goes on to state, that the NPA will utilise S106 agreements to control the growth and activities in such centres. In this instance, I would suggest that to ensure the future use of the site, that a condition is attached to any future grant of planning permission, restricting the use of the buildings to residential education facility, and no other use within use class C2. This should be sufficient to ensure that no harm is caused to the park's special qualities, natural beauty, wildlife or cultural heritage from the future operation of the facility.

Recommendation: Subject to the above stated condition, strategy and policy are satisfied that the proposal complies with CYD LP1 (1) and Policy 48 (b). We therefore have no objection to the proposed development.

As always if you have any concerns relating to the contents of my observations, or require additional clarification of any point please do not hesitate to get in contact.

NP Heritage Officer Archaeology 30th Mar 2016 Welsh planning legislation and policy guidance outlines that the desirability of preserving archaeological remains and their setting is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.1). Planning Policy Wales (Edition 8: 2016): Paragraph 6.5.1. 'The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. In cases involving lesser archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development.'

Page 82 demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of … archaeological features'.

Archaeological sensitivity and significance of the site Consultation of records held by the Brecon Beacons National Park Authority indicate that Llanbrynean Farm, Llanfrynach is a site of historical and archaeological interest. The farm complex is 19th century in date, with the house itself bearing a date plaque of 1883 and is depicted on a number of historic maps including the first edition Ordnance Survey (OS) map of 1887. The outbuildings in particular retain a remarkable number of original features, fixtures and fittings, including doors, windows, shutters, feeding pens, roofs and a stable with 19th fixtures and fittings. The presence of a date plaque built internally in one of the outbuildings stating 'John Bullock Lloyd Esq. 1797' suggests that elements of the fabric of the buildings may have been re-used from elsewhere - perhaps from the building depicted on the 1813 OS Surveyors drawing to the north east of the present site, but which is not depicted on the OS First Edition. Although fewer original historic features appear to survive within the house itself, there are still a number of historic features - fireplaces, doorways, cupboards, stair case, coving, ceiling rose etc. The association of the farm with David Morgan, a local man who rose to prominence as founder of the David Morgan department store, an independent department store in Cardiff that trades for 125 years, only further enhances its significance. The significance of the buildings at the site have been recognised by the Welsh Government with the buildings being given Grade II listed status as a model farm.

The heritage conservation statement submitted in support of the application is of a very high standard and written according to Cadw's Conservation Principles, and I welcome the submission of such a thorough study of the buildings. I also welcome the change in the proposals since the last design, the fact that the heritage significance and recommendations within the conservation statement have been taking into account in the design and proposals, leading to a scheme that has much lower impact on the buildings and retains the majority of the historic fabric of most significance.

Archaeological Impact of the development The heritage conservation statement presents a thorough account of the buildings and their development, prior to alteration. However, it does highlight two areas where further recording or study is required. These are a fuller inspection and record of the pig sties, hen house, coal house and oil store range, and roosting bats at the time of the study meant that a full interior inspection of the range could not be made, and consequently the development and alteration of the buildings over time could not be fully understood. The second area where further study is required is the surviving machinery. Both of these can be achieved by means of an appropriate building recording condition.

Mitigation Required Additional building analysis is required in support of the existing research and analysis contained within the heritage conservation statement, to a level equivalent to an English Heritage Level 3 in order to allow an adequate analytical record of the building to be made prior to alteration.

Page 83 An appropriate condition to use is: No development shall take place until a programme of buildings recording and analysis, equivalent to English Heritage Level 3 building survey, has been secured and implemented, in accordance with a brief issued by this Authority and Written Scheme of Investigation, which has been submitted and approved by the Local Planning Authority. The building recording must meet the standards laid down by the Chartered Institute for Archaeologists in their Standard and Guidance for the archaeological investigation and recording of standing buildings or structures. A copy of the resulting report should be submitted to the Local Planning Authority. After approval by the Local Planning Authority, a copy should also be sent to Clwyd Powys Archaeological Trust for inclusion in the regional Historic Environment Record. Reason: To allow a full analytical record of the buildings to be made, prior to alteration, to ensure that the buildings origins, use and development are understood and the main features, character and state of preservation are recorded.

NP Planning Ecologist 13th Apr 2016 A. Planning Policy & Guidance o To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. o The adopted Local Development Plan for the Brecon Beacons National Park includes the following policies regarding ecological issues and safeguarding biodiversity: o SP3 Environmental Protection - Strategic Policy o Policy 3 Sites of European Importance o Policy 4 Sites of National Importance o Policy 5 Sites of Importance for Nature Conservation o Policy 6 Biodiversity and Development o Policy 7 Protected and Important Wild Species o Policy 8 Trees and Development o Policy 9 Ancient Woodland and Veteran Trees o Policy 12 Lighting

B. Legislation o Environment Act 1995 - the first Statutory Purpose of the National Park is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park o Natural Environment & Rural Communities Act 2006 - Section 40 requires local authorities to have due regard to conserving biodiversity. This includes reference to the list of priority species and habitats produced under Section 42 of the Act. o Conservation of Habitats & Species Regulations 2010 (as amended) - Regulation 9 requires local authorities to take account of the presence of European Protected Species at development sites. If they are present and affected by the development proposals, the Local Planning Authority must establish whether "the three tests" have been met, prior to determining the application. The three tests that must be satisfied are:

Page 84 i. That the development is "in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment". ii. That there is "no satisfactory alternative" iii. That the derogation is "not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range"

C. Comments 1. Thank you for consulting me on the above application. The development proposals are for the change of use and alterations to the farmhouse and barns at Llanbrynean Farm to an outdoor education facility. The site lies in the open countryside to the south of the village of Llanfrynach. The Nant Menasgin [watercourse] flows west to east approximately 250 metres to the north of the site. This water course is designated as a Site of Special Scientific Interest (River Usk (Tributaries) SSSI) and is also part of the River Usk Special Area of Conservation (SAC); however, the distance from the designated site is such that No Likely Significant Effects on the SAC are anticipated as a result of these proposals. Although unlikely to occur, a planning condition should be imposed to ensure that no materials or machinery are stores near the watercourse. 2. I visited the site last year as part of a previous application at the site and have reviewed the documents and drawings submitted with this application, which includes the following ecological information: o Hall School, Wimbledon - Llanbrynean Farm - Preliminary Ecological Appraisal Report by Wildwood Ecology Ltd dated 13 January 2015 o Hall School, Wimbledon - Llanbrynean Farm - Wildlife Protection Plan by Wildwood Ecology Ltd dated 16 December 2015 o Llanbrynean Farm, Llanfrynach, Brecon: Swallows - Issue 1.2 by Smith Ecology Limited dated 09 February 2016 o Llanbrynean Farm, Llanfrynach, Brecon: Bats - Survey and Method Statement - Issue 3.1 by Smith Ecology Limited dated 11 February 2016 3. I welcome the submission of the ecological reports with the application and I note that there are a number of ecological issues at the site, with the presence of roosts of a number of bat species, including lesser horseshoe bats and the potential presence of reptiles. 4. The Wildwood Preliminary Ecological Appraisal Report appears to be an accurate assessment of the habitats and biodiversity features at the site, not including the buildings. There are records for reptiles in the area and the Wildlife Protection Plan that has been submitted details measures to be taken to ensure that these species are protected from killing and injury when any ground works are undertaken. It will also be important to ensure that suitable reptile habitat is retained as well as created at the site; it is proposed that an area in the eastern corner of the site is enhanced for reptiles. The Wildlife Protection Plan also details the measures to be adopted to avoid disturbance to nesting birds. The proposed installation of bat and bird boxes as biodiversity enhancement is welcomed. The implementation of these measures can be secured through an appropriately worded planning condition. 5. The buildings at the site have been subject to separate ecological survey effort by Smith Ecology Limited. A number of bat species have been found to be present, including common and soprano pipistrelle, Brown long-eared, Brandt's and lesser horseshoe bats; Daubenton's bats are also possibly present. The bats are present throughout the site, but the main roosting

Page 85 areas are in the roof structure of the house, the eastern end of the North barn and in the Hen House and Pigsties. The proposed mitigation strategy includes the provision of bat roosting areas for lesser horseshoe bats within the North barn and in the Pigsties and Hen House. Parts of these buildings will also be used for storage of equipment and for the installation of heating plant and there may be some conflicts between human and bat use; however, there are "bat only" refuges within the structures and provided that Natural Resources Wales are in agreement that the Favourable Conservation Status of the lesser horseshoe bats will be maintained, the mitigation measures appear to be appropriate. The maternity roost for lesser horseshoe bats will be retained. 6. Common and soprano pipistrelle bats are known to be roosting in the farmhouse; however, there has been extensive works done to the roof and upper floors in 2014/2015 under an EPS license issued by Natural Resources Wales and I understand that further work that will affect bats in this structure is limited. Nevertheless, internal refurbishment works to the top floor rooms cannot be undertaken during the summer months until the ceilings and insulation are completed. 7. Breeding swallows are also present in a number of buildings at the site and the proposed mitigation strategy for swallows is welcomed. I understand that the netting of the link building has not been undertaken and it would be helpful to have a revised mitigation strategy as well as clarification as to when the ledges will be installed. 8. It will be important to ensure that any external lighting is of an appropriate design and sensitively located to avoid light-spill towards bat roosting areas or wildlife corridors. The details of external lighting can be secured through an appropriately worded planning condition, but it would be preferable to have the information at this stage. 9. There will be opportunities to accommodate biodiversity enhancement measures and the proposed bat and bird boxes, reptile habitat enhancement and hedgerow planting will be provide appropriate and welcome enhancement at the site. The details of the hedgerow planting specification will need to be provided, but can be secured through an appropriately worded planning condition. 10. The landscaping plan (drawing NP41v1) has limited information and a detailed plan will need to be submitted. This should include a specification for the proposed hedgerow planting. It also needs to be clarified how the remaining areas of the fields will be managed; there may be opportunity for wildflower areas within them. 11. There is some confusion in the documents that have been submitted as they include reference to the bridge over the Nant Menasgin; in fact, this watercourse is a tributary of the Nant Menasgin and the confluence is some distance downstream. There is also reference to the tree house and bridge that were part of the previous development proposals, but I understand that these are no longer part of the scheme.

D. Recommendations

A number of issues will need to be clarified and although the information can be secured through appropriately worded planning conditions, it would be preferable to have it submitted prior to the determination of the application. The following information will need to be submitted: o A detailed landscaping scheme and planting specification and clarification of the future use of the fields

Page 86 o An external lighting strategy o Clarification of the mitigation for swallows and a phased approach to its delivery to ensure continuous availability of nesting sites during the summer months The applicants may also wish to submit this information prior to determination of this application to avoid the need for pre-commencement planning conditions.

If the above issues are clarified and this application is to be approved, I will be in a position to recommend the inclusion of planning conditions and informative notes to cover the following:

1. Prior to commencement of the development or any demolition works, the Local Planning Authority shall be provided with a copy of the license for bats that has been issued by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations 2010 (as amended) authorising the specified development to go ahead or written confirmation from Natural Resources Wales that such a license is not required. 2. The development shall be carried out in accordance with the recommendations within the following documents and drawings: o Llanbrynean Farm, Llanfrynach, Brecon: Bats - Survey and Method Statement - Issue 3.1 by Smith Ecology Limited dated 11 February 2016 o Hall School, Wimbledon - Llanbrynean Farm - Wildlife Protection Plan by Wildwood Ecology Ltd dated 16 December 2015 o Drawing NP40v1: Wildlife Mitigation 3. The biodiversity mitigation and enhancement measures shall be undertaken and/or installed prior to first beneficial use of the development and shall be maintained thereafter. Following the installation of the mitigation and enhancement measures, a report prepared by a suitably qualified bat consultant confirming their adequate installation shall be submitted to the Local Planning Authority. 4. The results of the three monitoring surveys shall be submitted to the Local Planning Authority within 3 months of their being undertaken. These results will also be submitted to the Biodiversity Information Service for Powys and the Brecon Beacons National Park. 5. Prior to the commencement of the development, a landscaping plan that shall include use of native species, shall be agreed with the Local Planning Authority and shall be implemented in the first planting season following implementation of the development. The plan shall include details of the planting specifications - the species, sizes and planting densities - and a timetable for implementation and future management to ensure good establishment. 6. No external lighting shall be installed until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with bat mitigation and/or enhancement measures and shall be implemented as approved. 7. No materials, plant or machinery shall be stored within 5 metres of the adjacent watercourse.

Page 87 NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000

Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP o To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006

NP Tree Consultant 11th May 2016 Thank you for consulting me on the above application. I visited the site last year for the previous application, and I have reviewed the information submitted in support of the current application. My comments are set out below:

1) The application is for a change of use and full renovation of the farmhouse and barns, including demolishing an existing single storey link building and constructing a new link extension, and creating a patio area.

2) There are a number of large mature trees on site, some in close proximity to the buildings - in particular a mature Copper Beech tree and an Atlas Cedar immediately adjacent to the East and North side of the farmhouse.

3) The applicant has provided a recent BS5837 tree survey report (dated Dec 2015 by Advanced Arboriculture) which includes a tree location plan, tree constraints plan, tree protection plan and arboricultural method statement plan.

4) The applicant has also provided a proposed landscaping plan NP41-v1, an existing services plan NP3-v1 and proposed services plan NP16-v1.

5) The proposed works would require the removal of one young category B tree (T4 Ginkgo) to enable the new patio area to be built, and the edge of the new patio will cut across the West edge of the Root Protection Area (RPA) for T3. In addition, a new pathway is proposed through the North Eastern edge of the RPA for T1 Copper Beech.

6) There are a number of existing above and below ground services passing through the RPA's of T1 and T4 including water, foul drainage, telecommunications, electricity and an oil pipe. The proposed services plan shows only underground foul drainage and electric, with no explanation of what will be happening to the other service runs.

7) The main access to the site is via the existing stone farm track which crosses the RPA of T1 just to the North of its trunk. Although mentioned several times throughout the supporting documentation as being retained to provide the main access into the site, no description has been provided as to whether its surface would be upgraded or retained as it is.

Page 88 In response to the provided documents I request that further clarification is required for points 6 and 7 above, in particular: a) What will happen to the existing water and foul drainage services beneath the Copper Beech tree? b) What will happen to the existing oil line beneath T3 Magnolia? c) The proposed services plan shows a new short section of foul drainage being installed beneath the South edge of T1 Copper Beech - what method will be used to ensure that trees roots in this area are not damaged by the works? d) Will the existing access drive surface be upgraded? And if so, what method will be used to ensure that any roots from T1 Copper Beech will not be damaged by the works?

The tree survey, tree protection plan and arboricultural method statement plan are comprehensive and give clear guidance on how and where the protective fencing and 'no-dig' pathway are to be installed.

Providing that points a - d above are answered satisfactorily, and that the recommendations in the tree survey are closely followed, overall I have no objections to the proposed works.

I recommend that you condition the following if planning permission were to be granted:

1) The installation of the protective fencing is to be carried out prior to any works (demolition or construction) commencing on site, and to be inspected and signed off by the BBNPA tree consultant as well.

2) The recommendations within the tree survey report for ground protection and construction within root protection areas is closely followed.

Powys County Council Land Drainage Department No comments received to date.

CONTRIBUTORS JW & PA Rees

OFFICER’S REPORT

INTRODUCTION The application seeks full permission to change the use, full renovation and development of Llanbrynean farm house and barns to a residential education facility, to include the demolition of the existing single storey link building and the provision of a new single storey link extension, minor external works to create a patio area and use of land for informal outdoor recreation activities. The application is a resubmission of a previous application (15/11979/FUL), which was

Page 89 withdrawn to allow for additional bat surveys to be undertaken.

Following the withdrawal of the application, the farmhouse and the associated barn buildings have been Grade II Listed by Cadw due to the buildings being a good example of a rare survival of a model farm with significant surviving historic character and fabric worthy of protection. This application is therefore accompanied by a Listed Building application (16/13261/LBC).

This application has amended the previous proposal to reflect the listed status of the buildings and includes the removal of the originally proposed tree house, retention of the pigsty and henhouse buildings, removal of a proposed new front entrance to the farmhouse, alterations to the new link extension and modifying the internal proposals.

SITE DESCRIPTION

The site comprises an irregular parcel of land of approximately 1.5ha which contains one residential dwelling- LLanbrynean Farm house and a complex of agricultural outbuildings/barns which link to form a single extended unit around a courtyard.

The farmhouse was built in 1883 for David Morgan, the well-known South Wales retailer. The particular significance of the Llanbrynean Farm is stated to be very much in the completeness of its whole rather than in the individual quality of its parts.

The farmhouse comprises of an imposing three storey structure in an L shape, with two main storeys, a basement and an attic. The outbuildings/barns are one to one and a half storey. All the buildings are constructed of local rubble stone, structurally sound with slate roofs with clay ridge tiles and overhanging eaves. The rainwater goods are a mixture of cast metal and upvc. The windows are almost all timber apart from a small number of multi-pane metal frame windows. The farmhouse is characterised by yellow brick dressings and yellow brick chimney stacks whereas the farm buildings are of more simple random rubble, though still with long and quoin stones. The farmhouse has a small garden to the east and south with flagged paths and stone boundary walls. The courtyard is slightly sloping and has a partly cobbled surface.

At the south-eastern corner of the farm complex there is an open-fronted shed used as a logstore with an overhanging slate roof supported by two cast-iron columns with a largely complete cobbled floor. This feature provides a physical link between the farmhouse and the southern barn.

Externally there are a number of rubble stone walls which separate various parts of the site. The farmhouse is separated on the west side from the farmyard by dwarf rubble stone walls with wrought iron railings. The farm access towards the road is bordered by rubble stone walls. All the access points are enclosed with simple wrought iron gates. There are retaining walls to the south of the southern barn, and to the east of the eastern barn. Other external features include metal water troughs, stone flagged paths and steps, a cobbled farmyard and drains. There is a defined stone walled track from the

Page 90 southern barn leading to the stone built bridge over the Nant Menasgin.

The Buildings are located within the northern part of the site with fields to the north and south. The field to the south is raised above the farm complex. The farmhouse faces east towards the road. A short private drive to the east provides access to the unnamed public highway, a country lane linking Llanfrynach and Pencelli. The boundary with the lane is made up of mature vegetation. The other boundaries are formed largely by a post and rail fence with a hedgerow along the southern boundary.

The site features a number of trees which are mainly located to the south and east of the buildings, including some large specimen trees including a copper beech adjacent to the main entrance and a line of primarily beech adjacent to the southern boundary and ornamental specimens within the eastern garden area.

The site is surrounded by agricultural land. The nearest residential properties lie approximately 40 metres to the north west of the site and are located within the settlement boundary of the village of Llanfrynach. The site is located approximately 400m from the centre of Llanfrynach which lies 4 miles to the south east of Brecon.

The Nant Menasgin watercourse flows west to east approximately 250 metres to the north of the sitre. This water course is designated as a Site of Special Scientific Interest (River Usk (Tributaries) SSS1) and is also part of the River Usk Special Area of Conservation (SAC).

The site lies within the Middle Usk Valley Landscape of Special Historic Interest. Ecology - Important bat habitats have been identified at the site. The farmhouse contains bat roosts including maternity roosts for four species. The farm buildings also contain roosts.

PROPOSED DEVELOPMENT

The proposed development seeks to redevelop the existing buildings to create a residential education facility. The Design and Access Statement advises that the applicant, Hall School, Wimbledon, have been visiting the Brecon Beacons for almost 20 years taking pupils aged between 10 and 16 on outward bound and educational field trips. The purchase of the site is proposed to give the school greater flexibility to visit the site and offer the pupils a greater range of outward bounds/adventure activities. The components of the proposed development are as follows:- i. Change of use and conversion of the existing farm house ii. A new contemporary glazed single storey link extension to replace an existing link extension to link the main house and the barn buildings iii. Repairs, refurbishment and conversion of the existing barns, iv. A two storey activity pod located within the north-west barn v. Use of external areas to provide a large courtyard and an outdoor patio/activity area.

Page 91

The details of the alterations are fully detailed within the submitted documentation. A number of the proposed works are internal works and thus are only considered as part of the listed building consent as they do not require planning permission. The external works mainly involve the repair and refurbishment of the existing fabric with materials to match those existing.

However, in summary the proposals principally include the following:-

The main farmhouse The main farmhouse is proposed to be repaired, refurbished with minor alterations to provide suitable accommodation for the proposed use. The ground floor would provide a kitchen, day room, lounge, lobby room and accessible bedroom. The first and second floors would provide eight bedrooms for pupils and teaching staff as well as toilet and washroom accommodation. The basement will be retained as it is for use mainly as storage and laundry purposes. The main house could be closed off from the remainder of the buildings when smaller groups visit.

Erection of new single storey link building The new single storey link extension is proposed to replace an existing open fronted store shed. This would be constructed of a timber and glazed lightweight design which wraps around the western gable of the main house. This will accommodate a kitchen, large dining area and utility room for use in association with the adjacent kitchen. Sliding doors would lead out onto the outdoor patio area. The connection to the barn buildings is formed by providing a flat roof element which forms a landing area to the top of the new stair/platform lift before accessing the bunkhouse via a new opening formed in the east gable of the southern barn.

Existing barns All of the barns are to be converted to provide a number of uses as set out below.

Southern barn (cowshed) Within the southern barn a lightweight eco-pod would be inserted to provide bunkrooms, wc's and shower rooms for pupils and additional rooms for teachers/supervisors on ground and first floor levels.

Western barn (Bull pen, mixing house and barn) Within the western barn very limited work is proposed to the southern section apart from maintenance and making good. This area is proposed as an undercover activity area for camping and woodwork. The northern section is proposed to accommodate an indoor climbing wall within the two storey height space. A new floating floor would be provided in order to retain the original cobbled floor feature. Within the north western part of the barn complex an activity pod is proposed which will comprise a free standing lightweight pod structure placed within the interior of the barn. Existing openings are proposed to be utilised to provide light into the new pod space.

Page 92 Northern barn (Cartshed and stable) The eastern part of the northern barn is proposed for the storage of vehicles and equipment for outdoor activities such as canoes, kayaks.

The refurbishment works to the barns involve the following: Walls - general repair, repointing as necessary using historic lime mortar to match existing; Roof - general repairs making good using the same materials as those existing, replacement of existing roof lights with flush fitting roof windows and insertion of new roof windows on non-courtyard facing elevations; Windows/doors - general repairs and replacements where required to match existing.

The applicant, Hall School, Wimbledon, propose to use the site in three main ways:- i. By the school for various year groups 52 days per annum ii. Other school activities - teacher training/marketing and 52 days per annum iii. Family week holidays and weekends - 100 days per annum.

This level of usage equates to around a total of 204/365 days per annum i.e. 56%. The school envisage developing the site in phases with work on the house being undertaken as the first phase.

Use would be made of the existing access which provides direct access off the unnamed road into Llanfrynach, and the existing courtyard is proposed for parking and turning provision.

The site will operate as a privately owned school and would not be open to the public. Most activities would require pupils to be transported away from the site for most of the day and these are proposed to take place by mini-bus. Trips to the village of Llanfrynach by foot or cycle are also likely to occur.

The application is supported by the following documents:-

Page 93 Planning Statement, Design and Access Statement Conservation Statement Preliminary Ecological Appraisal Report Wildlife Protection Plan Bats - Survey & Method Statement Swallows- Statement and Survey Report Structural Condition Survey Report Transport Statement Travel Plan

Use of Non-Mains Sewerage Arrangements Form, details of proposed Sewage Treatment Plant and Soakaway testing (Superseded by revised proposals dated 22 June to connect to the public sewer)

Arboricultural Survey Since the original submission the proposals were amended on 22 .06.2016 to retain the wall between the former dining room and the kitchen, replace the gabion baskets originally proposed for the patio area with a traditional stone wall and, floor plans have been revised to incorporate the retention of all existing remnants of machinery within the barn buildings.

PLANNING HISTORY

16/13261/LBC Llanbrynean Farm Llanfrynach Brecon LD3 7BQ Change of use, full renovation and development of Llanbrynean Farm house and barns to a residential education facility, to include the demolition of the existing single storey link building and provision of a new single storey link extension, minor external works to create a patio area and use of land for informal outdoor recreation activities. 01.03.2016 Pending Decision

15/11979/FUL Llanbrynean Farm Llanfrynach Brecon LD3 7BQ Change of use, full renovation and development of Llanbrynean Farm house and barns to a residential education and outdoor recreation facility. 06.03.2015 Withdrawn

POLICY CONTEXT

Page 94 Policy 15 Listed buildings Policy 16 Demolition of Listed buildings Policy 23 Sustainable Design in the Adaption and Re-use of Existing Buildings Policy CYD LP1Enabling Appropriate Development in the Countryside Policy 48 New or Extended Outdoor Activity Centres Policy 53 Planning Obligations Policy 56 Water and Sewage Supply for New Development Policy 59 Impacts of Traffic Policy SP17 Sustainable Transport Policy SP18 Sustainable Use of Land

Supplementary Planning Guidance:- Landscape and Development (October 2014) Guidance for Sustainable Design in the National parks of Wales (October 2008)

In the determination of a planning application, regard should also be given to the requirements of National Planning Policy which are not duplicated in the Local Development Plan. The following Welsh Government Planning Policy is relevant to the determination of this planning application:-

Planning Policy Wales Chapter 4 - Planning for Sustainability, Chapter 5 - Conserving and Improving Natural Heritage and the Coast, Chapter 6 - Conserving the Historic Environment, Chapter 8 - Transport, Chapter 9 - Housing, Chapter 11 - Tourism, Sport and Recreation, Chapter 12 - Infrastructure and Services. Planning Policy Wales Technical Advice Note 12 - Design Planning Policy Wales Technical Advice Note 5 - Nature Conservation and Planning WO Circular 60/96 and 61/96

MATERIAL CONSIDERATIONS

The main material planning considerations for a proposal of this nature are the potential impacts upon the following matters:-

The principle of the development, the impacts on:- the character and appearance of the area and the listed buildings, archaeology, ecology/biodiversity and protected species, drainage infrastructure, highway infrastructure and amenities of nearby residents.

SUMMARY OF REPRESENTATIONS

This application has been advertised through the erection of a site notice and a public notice in the paper (which expires on 25.08.2016) as being a proposed development carried out on a site having an area of 1 hectare or more it represents a major development. One letter has been received raising the following comments:- o Considers lean-to on western barn complex should be demolished as not part of original buildings to enhance appearance of barns, it would lead to children congregating,

Page 95 its use would disturb swallows o Questions species, timing of planting and timing of maturity of hedgerow along western and northern boundary o Disappointed with lack of further consultation with residents of Llanfrynach from the applicant.

APPRAISAL

Principle of the development The site is located within the open countryside as defined in the Brecon Beacons National Park Local Development Plan. The LDP defines countryside locations as areas unsuitable to accommodate future development in accordance with the Environmental Capacity of the National Park. In these areas there is a presumption against development except where there is a defined essential need for a countryside location as set out in Strategy Policy CYD LP1. Criteria 1 of this policy enables proposals that capitalise on improving the existing building stock and/or utilises previously developed land/or uses redundant buildings including b) proposals to re-instate redundant buildings to beneficial uses including i) commercial, sport, tourism or recreation use.

The LDP is generally supportive of development proposals which provide opportunities for the greater understanding and enjoyment of the National Park. Policy 48 supports the provision of outdoor activity centres provided they are appropriately sited and are of an intensity of use relevant to their location. Criteria b) is supportive of the re-use of existing buildings and where any extension does not extend beyond the cartilage of the building being extended.

Policy 48 also requires any outdoor activity to be regulated to ensure no harm would be caused to the natural beauty, wildlife and cultural heritage of the National Park.

It is accepted that the barns are vacant and are generally unsuitable for modern agricultural purposes. The submitted structural survey confirms that the buildings are structurally sound and suitable for conversion without major reconstruction. The proposed residential education centre involves the conversion of the existing buildings (without any substantial extension) and the proposal complies with the provisions of Policy CYD LP1 and Policy 48 of the LDP.

The principle of the development on the site is therefore considered acceptable. The National Park's Policy Officer has raised no objection to the proposed development subject to a condition to manage the growth and activities at the centre to ensure that there would be no harm caused to the natural beauty, wildlife and cultural heritage of the National Park. In respect of this matter a planning condition could be imposed on any consent granted in order to ensure that the use is restricted to the C2 Use specifically applied for and for no other alternative use within C2 as an alternative use could generate an unacceptable impact on the local area, e.g. in terms of traffic generation. Other conditions are also recommended in order to limit the environmental impacts as set out in the remainder of the report below.

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Impact on the character and appearance of the area including the listed buildings PPW recognises the importance of protecting the historic environment and states at Para 6.5.9 that: Where a development affects a Listed Building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses" which reflects Section 66 of the Planning (Listed Building and Conservation Areas) Act 1990 (as amended).

Policy 15 of the LDP states that development that impact on a listed building or its curtilage will only be supported in cases where there would be no significant harm to the special historic or architectural character and setting of the building or historic features.

Policy 1 of the LDP is an overarching policy, criterion (i) of which seeks to ensure that the scale, form, design, layout, density, intensity of use and use of materials of any development, including a conversion, would be appropriate to the surroundings and will maintain or enhance the quality and character of the Park's natural beauty, wildlife, cultural heritage and built environment. Criterion (ii) seeks to ensure that developments are integrated into the surrounding landscape through planting and appropriate management of native species and creation of appropriate boundary features as necessary.

Policy 48 of the LDP also requires any outdoor activity to be regulated to ensure no harm would be caused to the natural beauty, wildlife and cultural heritage of the National Park.

The principal aim of the proposed development is to repair and refurbish the existing buildings and to re-use and adapt them to secure their long term retention and maintenance. The details of the works are documented within the Plans, Design and Access Statement, Conservation Statement and Planning Statement and summarised in brief above.

There are some internal alteration works which only require listed building consent and thus consideration of these works is reserved for the accompanying listed building consent application. Similarly there are various works proposed which relate to repairs, renovation and restoration which do not expressly require planning permission. However, there are some proposed works which have a direct impact on the listed buildings and these involve the insertion of a limited number of roof lights in the barn buildings, the demolition of an existing open-fronted store and its replacement with a new link extension between the main house and the barns and alterations to the patio garden area by the insertion of a stone wall.

The details of the proposed alterations and the significance and implications of these alterations to the character of the listed buildings are summarised within the comments

Page 97 of the National Park's Senior Heritage Officer set out above.

Overall, the proposed development is considered to be carefully considered and is sympathetic to the historic character and appearance of the listed buildings. The most significant alteration would involve the new link extension which would be modern in appearance constructed externally in contrasting materials of glass and timber, but the scale and form is considered to relate well to the host buildings. The new rear wall of this extension does take in the former kitchen wall to enable a set of stairs and platform lift to be provided and therefore on balance is considered acceptable. The new patio area does involve some ground levelling, insertion of steps and a traditional stone retaining wall which would reflect the other walls within the site.

The proposals are considered to respect the significance of the listed buildings. The materials and finishes proposed to the buildings both internally and externally are designed to complement the existing structures and the new link extension would be constructed of high quality and contemporary finishes which would appear subservient to the farm buildings and respect the character of the buildings. The proposals retain the open space around the buildings and there are limited works proposed to the garden and land surrounding the buildings which are in keeping with the character and setting of the listed buildings.

The National Park's Senior Heritage Officer has recommended approval subject to the imposition of a number of conditions to secure the precise details of the materials for stairs, roofing, roof lights, windows, doors, external walls, re-pointing details, colour scheme for all external joinery and methodology for stonework repairs.

In summary, whilst the proposed development involves various alterations to the listed buildings it is evident that the overall aim is to restore the original features. Whilst there will be some structural changes it is considered that the proposals strike an appropriate balance between enabling improved access and use of the buildings and protecting its architectural and historic interest. The proposals will not, subject to the imposition of conditions for the submission of further details, detrimentally harm the architectural or historic interest of the listed buildings, and as such the proposed development is considered to comply with policies SP3 and 15 of the LDP along with guidance set out in PPW and Circular 61/96.

The effect on the character and appearance of the area. The proposed conversion scheme is sympathetic to the historic character of the site, retaining the existing character and appearance of the farmhouse and barn complex and using materials and finishes compatible with those of the existing structures. The new extension is sensitively sited and is not open to views from outside the site. The courtyard would effectively screen the proposed parking from external views. The proposals would also retain the rural character of the site by retaining the existing access, garden, mature trees and site boundaries.

The existing trees on the site form an important landscape feature and contribute to the

Page 98 character and setting of the existing buildings. The proposed works would retain the mature copper beech tree and Atlas cedar located immediately adjacent to the farmhouse and the removal of one young tree to enable the new patio to be built, which is not visible from any public vantage points. Some light pruning and crown lifting is proposed to a number of trees. A tree survey accompanying the application includes a tree survey plan, tree protection plan and arboricultural method statement plan. Following clarification regarding the retention of existing redundant services and lack of upgrading to the existing access drive, the National Park's Arboriculturist is satisfied that no harm would be likely to the retained trees on the site and has raised no objections subject to the imposition of conditions to ensure the works are carried out in accordance with the submitted documentation and that protective fencing is installed prior to any works commencing.

Overall, it is considered that the limited changes to the external appearance and use of sympathetic materials within the conversion and proposed landscaping are considered to be appropriate such that the proposed development would therefore not be detrimental to the character and appearance of the site in the existing landscape or to the visual amenities of nearby local residents.

Impacts on archaeology Para 6.5.1 of PPW outlines the desirability of preserving archaeological remains and their setting is a material consideration in the determination of planning applications. Similar advice in Circular 60/96 requires Authorities to take into account archaeological considerations at the early stages of development and to be fully informed about the nature and importance of archaeological remains and their setting and the likely impact of any proposed development upon them.

The application site is of historical and archaeological interest, the significance of the buildings being recognised by being given Grade II listed status as a model farm. The National Park's Heritage Officer (Archaeology) has commented on the application as provided in full above. In summary, the Heritage Statement is welcomed as it is considered to be a thorough study of the farmhouse and farm buildings and is written according to Cadw's Conservation Principles. The proposals have taken account of the heritage statement and its recommendations to produce a scheme which has much lower impact on the buildings (compared to the previously withdrawn application) and retains the majority of the historic fabric of most significance. However, the National Park's Heritage Officer (Archaeology) has advised that further recording is required in respect of a fuller interior inspection of the buildings which were not part of the original study due to the presence of bat roosts and a fuller study of the surviving machinery prior to any alteration. An archaeological watching brief is also required in order to record any external original features which would be disturbed or damaged during the course of the development such as features associated with water management and hydrological energy.

It is therefore considered that subject to the imposition of the above conditions the proposed development would be consistent with policy SP3 f) of the Local Development

Page 99 Plan as well guidance set out in PPW and Circular 60/96.

Impacts on ecology/biodiversity and protected species A number of ecological reports accompany the application which have confirmed the presence of roosts of a number of bat species, including lesser horseshoe bats and the potential presence of reptiles.

The National Park's Planning Ecologist and Natural Resources Wales have been consulted to provide their expert comments in relation to the potential impact of the proposals on protected species.

The reports show that bats are present throughout the site but the main roosting areas are in the roof structure of the house, the eastern end of the North barn, in the Hen House and Pigsties. The provision of bat roosting areas are provided as mitigation within the North barn, Hen House and Pigsties. Whilst there are bats roosting in the farmhouse, extensive works already undertaken to the roof and upper floors in 2014/2105 ( prior to the building being listed) have been carried out under an EPS license issued by Natural Resources Wales and there are no further work that is proposed as part of the proposed development that will affect bats.

Breeding swallows are present in a number of the buildings at the site and the proposed mitigation strategy is welcomed, however, further clarification is required regarding the phasing of the mitigation to ensure continuous availability of nesting sites.

The proposed wildlife protection plan and biodiversity enhancement measures such as bat and bird boxes, the reptile habitat enhancement in an area in the eastern corner of the site and hedgerow planting are welcomed and can be secured by appropriately worded conditions. Further details regarding any external lighting and the detailed specification of the hedgerow planting and management of the remaining fields can also be secured by condition.

Natural Resources Wales (NRW) have advised that as the proposed development affects a European Protected Species (bats) then it is likely to give rise to the need for a licence. However, they have advised that the proposed development is not likely to be detrimental to the maintenance of the population of the species concerned at a favourable conservation status and have requested the insertion of a number of conditions to ensure that the development does not commence until a licence has been issued, a detailed method statement for bat mitigation and detailed lighting plans has been agreed with the Authority.

NRW initially raised some concern regarding the potential impact on the River Usk SAC from the original foul drainage proposals which included the use of a new Sewage Treatment Plant and Soakaway. However, following changes to the method of foul drainage to the public foul sewer and confirmation that sustainable drainage systems will treat any surface water disposal, NRW no longer raise concerns in this regard.

Page 100 The National Park's Planning Ecologist has advised that due to the distance of the site from the River Usk SAC there is not likely to be any significant effects on the SAC as a result of the proposed construction of the development. However, a condition is recommended to ensure that no materials or machinery are stored near the adjacent watercourse.

In conclusion, it is considered that ecological issues and safeguarding of biodiversity within the proposed development can be appropriately accommodated by the imposition of appropriate conditions The proposed development is therefore considered to be consistent with policies SP3, policies 3, 4, 5, 6, 7 and 12 of the Local Development Plan.

Impacts on drainage Infrastructure Policy 56 of the LDP requires development to have adequate water and mains sewerage infrastructure and that conditions should be imposed to ensure adequate services are available to serve the development.

The proposed development is not located within an area at risk of flooding. Surface water is proposed to be secured by sustainable drainage systems and the proposed development has been amended to dispose of foul drainage to the public foul sewer.

No objections have been received in relation to these revised proposals from NRW. Dwr Cymru Welsh Water have also raised no objections subject to the imposition of conditions to secure the point of connection to the public sewerage system, no surface water or land drainage to connect to the public sewerage system and the provision of an adequate grease trap.

The drainage provisions of the proposed development are therefore considered to comply with policy 56 of the LDP, subject to the imposition of the above conditions.

Impacts on highway infrastructure Policy 59 of the LDP specifies that development will only be permitted where appropriate access can be achieved commensurate with the level of development proposed.

The proposed development will utilise the existing access onto the highway and the existing courtyard area within the site for the proposed access, parking and turning provision. The site access is located within the 30mph speed limit area of Llanfrynach.

The Transport Statement (TS) accompanying the application shows that the highway passing the site is typically around 3.5 metres wide and can accommodate single file traffic only although there are frequent passing opportunities. This includes at the site entrance and at the next highway junction to the west some 170 metres within sight of traffic passing or emerging from the site. The existing access is 13 metres wide narrowing to 4 metres within 8 metres, reflecting its previous use.

Page 101 The TS includes a traffic speed survey. This has shown that there is a low volume of traffic passing the entrance to the site and the average speed was 29mph which would warrant 2.4m x 41m visibility splays in each direction. The vision splay to the south of the site is in excess of this requirement but the visibility to the north is restricted by a roadside hedge to around 2.4m x 20m. However, the submitted plans show that a 7.5m length of the existing hedge will be trimmed back to secure the vision splay.

The TS has shown that the proposed use of the site would not lead to a significant increase in traffic movements. The amount of traffic that would have been generated by the farm is estimated to have been some 19 daily vehicle movements whereas the proposed development is estimated to have the potential for 24 daily movements. The proposed development would allow a maximum occupancy of 60 pupils with 6 to 8 members of staff. The school would not be open for general public use and would utilise its own 4 minibuses to transport pupils to various outdoor activities and use of walking and cycling would be encouraged. The proposed change of use would reduce the number of large vehicle movements associated with the previous use as a farm.

The TS states that whilst there are no footways along the highway leading to Llanfrynach, traffic volume is light and pedestrians are able to safely share the carriageway with other traffic. The highway which passes the site forms part of the extended Taff Trail National Cycle Route 8 to Cardiff, which reflects the quiet nature of the highway and its suitability in accommodating cycle and pedestrians. Access to public transport is available in Llanfrynach, which being 400m distance from the site represents an acceptable walking distance.

The application seeks to promote the use of sustainable means of travel for the development. A travel plan accompanying the application includes provision for the appointment of a travel plan coordinator to undertake a travel survey within 3 months of the development being brought into use and a yearly survey thereafter in order to reduce single occupancy car travel by 20% within a five year period.

Powys County Council have considered the proposed development and have raised no objection subject to the imposition of a condition to secure the required vision splay.

It is therefore considered that the proposed development would not lead to a detrimental impact on the existing highway infrastructure or on highway safety and complies with policy SP17 and policy 59 of the LDP subject to the imposition of conditions to secure the required visions splay and the provision of a travel plan.

Impacts on amenities of nearby residents. Para 3.1.7 states that "the planning system does not exist to protect the private interests of one person against the activities of another. Proposals should be considered in terms of their effect on the amenity and existing use of land and buildings in the public interest, and it is therefore valid to consider the effect of a proposal on the amenity of neighbouring properties.

Page 102 It has already been considered that the provision of the residential education facility is acceptable in principle provided it is appropriately sited and is of an intensity of use relevant to its location. The application site lies in the countryside and approximately 40 metres to the south east of the settlement of Llanfrynach and the nearest residential properties. The proposed development therefore has the potential to have an effect on nearby residential amenity.

Policy 48 of the LDP requires any outdoor activity to be regulated to ensure no harm would be caused to the natural beauty, wildlife and cultural heritage of the National Park.

In respect of nearby residential amenity, concern has been raised from a neighbouring resident as provided above. However, it is the case that the principle part of the development proposals are located within the existing buildings which are located at their nearest point 55 metres distance to the nearest residential properties. There is a cottage garden/allotment proposed adjacent to the site boundary at this location, with a new hedgerow proposed along this north western boundary of the site. It is considered that until the hedgerow is mature a close boarded fence should be constructed adjacent to the garden/allotment to safeguard the amenities of residents. The other external areas shown for use as patio and garden areas lie to the south east of the buildings at least 100 metres distance. No external lighting is proposed and thus the use of external areas would be restricted to daylight hours only.

The local community council of Llanfrynach are supportive of the application. It is therefore considered that the proposed use of the buildings and external areas would not have a significant detrimental effect on the amenity of nearby residents in terms of noise and disturbance, light pollution or loss of privacy.

Planning conditions could be imposed on any consent granted in order to control the use to that applied for and to ensure the use does not extend to the fields located to the north and south of the barns as shown on Plan NP43v1 to control the activities at the site.

Powys County Council Environmental Health Service have raised no objection to the proposed development subject to the inclusion of an informative note advising of the potential for land contamination due to its former agricultural use and to contact the Council's Contaminated Land Officers.

Subject to the imposition of appropriate conditions the development is therefore considered acceptable in terms of residential amenity.

CONCLUSION

The proposed conversion to a residential education facility represents an acceptable alternative use which respects the special historic nature of the existing buildings and

Page 103 which would not have a significant detrimental impact upon the main material considerations as set out above. It is considered that the application complies with policies of the LDP, PPW and relevant guidance and should be approved subject to the following conditions.

RECOMMENDATION: Permit, subject to the receipt of no new additional adverse comments following the expiry of the press notice on 25 August 2016.

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of [five] years from the date of this permission. 2 The use of the site hereby permitted shall be restricted to a residential education facility within Use Class C2 of the Town and County Planning (Use Classes) Order 1987 (as amended) and no other use within Use Classes C2. The use shall not extend to the fields located to the north and south of the existing building complex, as shown on Plan NP43v1. 3 The development shall be carried out in all respects strictly in accordance with the approved plans [drawing nos. NP1v1 (Location Plan), NP16v2 ( Drwg No 3415 P_201RevA), NP17v1 ( Drwg 3415 P_300), NP18v3 (Drwg 3415 P_310RevB), NP19v2 (Drwg 3415 P_320RevB), NP20v1 ( Drwg 3415 P_330, NP21v1 ( Drwg 3415 P_340), NP22v1 ( Drwg 3415 P_400), NP23v2 (Drwg 3415P_401RevA), NP24v2 (Drwg 3415 P_402RevA), NP25v1 (Drwg 3415 P_403), NP26v1 (Drwg 3415 P_404), NP27v1 ( Drwg 3415 P_405), NP28v1 (Drwg 3415 P_406), NP29v1 (Drwg 3415 P_407), NP30v1 ( Drwg 3415 R_140), NP31v1 ( Drwg 3415 R_141), NP32v1 ( Drwg 3415 R_142), NP33v1 (Drwg 3415 R_143), NP34v1 ( Drwg 3415 R_144), NP35 ( Drwg 3415 R_120), NP36 ( Drwg 3415 R_121RevA), NP37v2 ( Drwg 3415 R_122RevA), NP38v1 ( Drwg 3415 R_123), NP39v1 ( Drwg 3415 R_124), NP40v1 ( Drwg 3415 P_204), NP41 ( Drwg 3415 P_203RevA) NP42v2 ( Drwg 3415 P_200RevA) unless otherwise agreed in writing by the Local Planning Authority. 4 All the existing and proposed new roofs shall be re-roofed in welsh slates, re- using the existing slates on the buildings where possible and making up with sound second-hand matching slates and all slates should be fixed on non-ferrous nails over breathable felt. The details of any new slates including source and samples shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of works. Thereafter, the development shall be completed in accordance with the approved details. 5 Prior to any works on any windows, the details of each new window (inclusive of cross-sections, mullions, transoms, glazing bar profiles and glazing details along with window furniture) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be completed in accordance with the approved details. 6 Prior to any works on any doors, the details of each type of new external doors (inclusive of cross sections, frame details and door furniture and glazed screens) shall be submitted to and approved in writing by the Local Planning Authority.

Page 104 Thereafter, the development shall be completed in accordance with the approved details. 7 Notwithstanding the details shown on the approved plans, the proposed rooflights shall be of 'Conservation' pattern with a vertical glazing bar. Prior to any works on any roof lights the dimensions and manufacturer's specifications shall be submitted and approved in writing by the Local Planning Authority. Thereafter, the development shall be completed in accordance with the approved details. 8 No development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details 9 Prior to the commencement of any re-pointing work, a 1 metre square panel of re-pointing to be produced on site shall be completed, which shall be the subject of inspection by the Local Planning Authority's Senior Heritage Officer (Buildings Conservation). Written approval must be obtained before further repointing work is undertaken and all subsequent work shall match the approved details. 10 Details of the proposed colour scheme for all external joinery shall be submitted and approved in writing by the Local Planning Authority prior to installation. Thereafter, the development shall be carried out in accordance with the approved details. 11 Prior to any stonework stitching and repair work commencing details and methodology of all stonework stitching and repairs shall be submitted and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details 12 Prior to the installation of any new stairs, detailed drawings at a scale of 1:10 to include balusters and handrail shall be submitted and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details. 13 Prior to commencement of the development or any demolition works, the Local Planning Authority shall be provided with a copy of the license for bats that has been issued by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations 2010 (as amended) authorising the specified development to go ahead or written confirmation from Natural Resources Wales that such a license is not required. 14 The development shall be carried out fully in accordance with the recommendations within the following documents and drawings: o Llanbrynean Farm, Llanfrynach, Brecon: Bats - Survey and Method Statement - Issue 3.1 by Smith Ecology Limited dated 11 February 2016 o Hall School, Wimbledon - Llanbrynean Farm - Wildlife Protection Plan by Wildwood Ecology Ltd dated 16 December 2015 o Drawing NP40v1: Wildlife Mitigation. 15 The biodiversity mitigation and enhancement measures shall be undertaken and/or installed prior to first beneficial use of the development and shall be maintained thereafter. Following the installation of the mitigation and enhancement measures, a report prepared by a suitably qualified bat consultant

Page 105 confirming their adequate installation shall be submitted to the Local Planning Authority. 16 The results of the three bat monitoring surveys shall be submitted to the Local Planning Authority within 3 months of their being undertaken. These results will also be submitted to the Biodiversity Information Service for Powys and the Brecon Beacons National Park. 17 Prior to the commencement of the development, a landscaping plan that shall include details of the proposed hedgerow planting along the north western boundary of the site, use of native species, management of the remaining fields within the site, and the provision of a close boarded fence adjacent to the western boundary of the proposed allotment (as shown on Drawing NP41v2) shall be submitted and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in the first planting season following implementation of the development. The plan shall include details of the planting specifications - the species, sizes and planting densities - the design, height and specifications of the fencing and a timetable for implementation and future management to ensure good establishment. 18 All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. 19 No external lighting shall be installed until an external lighting plan to include details of proposed lighting fixtures and fittings is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with bat mitigation and/or enhancement measures and shall be implemented as approved. 20 No materials, plant or machinery shall be stored within 5 metres of the adjacent watercourse 21 No development shall take place until a programme of buildings recording and analysis, equivalent to English Heritage Level 3 building survey, has been secured and implemented, in accordance with a brief issued by this Authority and Written Scheme of Investigation, which has been submitted and approved by the Local Planning Authority. The building recording must meet the standards laid down by the Chartered Institute for Archaeologists in their Standard and Guidance for the archaeological investigation and recording of standing buildings or structures. A copy of the resulting report should be submitted to the Local Planning Authority. After approval by the Local Planning Authority, a copy should also be sent to Clwyd Powys Archaeological Trust for inclusion in the regional Historic Environment Record. 22 The developer will ensure that a suitably qualified archaeological contractor is present during the undertaking of selected ground works in the development area, so that an archaeological watching brief can be maintained. The archaeological watching brief will be carried out in accordance with a brief issued by the local planning authority and a written scheme of investigation which has

Page 106 been submitted by the applicant and approved in writing by the local planning authority, which must meet the standards laid down by the Chartered Institute for Archaeologists in their Standard and Guidance for an Archaeological Watching Brief. The Local Planning Authority must be informed at least 2 weeks prior to the commencement of the development of the name of the archaeological contractor appointed to undertake the Watching Brief. A copy of the Watching Brief report shall be submitted to the Local Planning Authority for approval, and following approval to the Royal Commission on the Ancient and Historical Monuments of Wales for inclusion in the National Monument Record, and to Clwyd Powys Archaeological Trust for inclusion in the Regional Historic Environment Record (HER) within two months of the fieldwork being completed. 23 The installation of the protective fencing is to be carried out prior to any works (demolition or construction) commencing on site, and shall be inspected and signed off by the BBNPA tree consultant prior to any demolition or construction works commencing 24 The recommendations within the submitted Tree Survey Report (dated Dec 2015 by Advanced Arboriculture) for ground protection and construction within root protection areas shall be closely followed within the proposed development 25 Within 5 days from the commencement of the development the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 41.0 metres distant in each direction measured from the centre of the access along the edge of the adjoining carriageway. Nothing shall be planted, erected or allowed to grow on the area(s) of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction for as long as the development hereby permitted remains in existence. 26 The proposed development shall be carried out fully in accordance with the recommendations of the submitted Travel Plan. 27 No development shall commence until details of a scheme for the disposal of foul and surface water has been submitted to and approved in writing by the Local Planning Authority. The scheme shall ensure that the proposed foul water from the development site is discharged to the public sewerage system and this discharge shall be made between manhole reference number SO07254401 and SO07255510 as indicated on the extract of the Sewerage Network Plan attached to this decision notice. Furthermore, no surface water and/or land drainage shall be allowed to connect directly or indirectly with the public sewerage network and shall include sustainable drainage systems. The scheme shall be implemented in accordance with the approved details prior to the first beneficial use of the development hereby approved. 28 The use hereby approved shall not commence until an adequate grease trap has been fitted in accordance with details that have been submitted to and approved in writing by the Local Planning Authority. Thereafter the grease trap shall be maintained in perpetuity so as to prevent grease entering the public sewerage

Page 107 system.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To control the use of the site in the interests of the environment. 3 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 4 To safeguard the character and structural integrity of the listed building. 5 To safeguard the character and structural integrity of the listed building 6 To safeguard the character and structural integrity of the listed building. 7 To safeguard the character and structural integrity of the listed building. 8 To safeguard the character and structural integrity of the listed building 9 To safeguard the character and structural integrity of the listed building 10 To safeguard the character and structural integrity of the listed building. 11 To safeguard the character and structural integrity of the listed building. 12 To safeguard the character and structural integrity of the listed building 13 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 14 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 15 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 16 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 17 To secure the enhanced visual amenity of the area. 18 To secure the enhanced visual amenity of the area. 19 To secure appropriate form of lighting in the interests of visual amenity and biodiversity. 20 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as

Page 108 amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 21 To allow a full analytical record of the buildings to be made, prior to alteration, to ensure that the buildings origins, use and development are understood and the main features, character and state of preservation are recorded 22 To ensure that any remains of archaeological significance disturbed in the course of the development are excavated, recorded and reported. 23 To ensure a satisfactory form of development that enhances the quality of the environment. 24 The recommendations within the submitted Tree Survey Report (dated Dec 2015 by Advanced Arboriculture) for ground protection and construction within root protection areas shall be closely followed within the proposed development 25 To ensure the safety and free flow of traffic using the adjoining county unclassified road. 26 In the interests of sustainable transport 27 To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment. 28 To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment.

Informative Notes:

1 Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000 2 The development is identified as being potentially affected by land contamination due to its former agricultural use. Therefore, should any mage ground and/or contamination be identified during the development it would be practical to investigate and assess any potential risks, and to inform Powys County Council's Contaminated Land Officers immediately. 3 DCWW Advisory Notes The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further

Page 109 information can be obtained via the Developer Services pages of www.dwrcymru.com . The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. Our response is based on the information provided by your application. Should the proposal alter during the course of the application process we kindly request that we are re-consulted and reserve the right to make new representation. If you have any queries please contact the undersigned on 0800 917 2652 or via email at [email protected]

Page 110 ENC7Item 3

Brecon Beacons National Park Authority

PLANNING, ACCESS, AND RIGHTS OF WAY

COMMITTEE

23 August 2016

RECOMMENDATIONS OF THE DIRECTOR OF

PLANNING ON APPLICATIONS FOR

DETERMINATION BY

THE PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

Page 111

ITEM NUMBER: 3

APPLICATION NUMBER: 16/13261/LBC APPLICANTS NAME(S): Hall School Wimbledon SITE ADDRESS: Llanbrynean Farm Llanfrynach Brecon LD3 7BQ GRID REF: E: 307606 N:225335 COMMUNITY: Llanfrynach DATE VALIDATED: 15 March 2016 DECISION DUE DATE: 10 May 2016 CASE OFFICER: Donna Bowhay

ADDRESS Llanbrynean Farm, Llanfrynach, Brecon

Page 112 CONSULTATIONS/COMMENTS

NP Senior Heritage Officer (Building Conservation) 27th Apr 2016 National Policy Framework Planning Policy Wales (Edition 8: Jan 2016): Paragraph 6.5.9 recognises the importance of protecting the historic environment and states that: "Where a development proposal affects a Listed Building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses"

The adopted LDP states that: Policy 15 Listed Buildings All listed building consent application will be determined in accordance with National Policy as set out in Circular 61/96. Proposals for planning permission which impact on a listed building or its curtilage including the alteration, extension or change of use, whether internally or externally, will only be supported where it can be shown that there will be no significant harm to the special historic or architectural character and setting of the building or historic features.

Considerations The proposal site has recently been listed because it is a rare survival of a model farm. The main proposals are: 1. Convert the farmhouse and barns into a residential outward bound centre belonging to Hall School in Wimbeldon. 2. Demolish the single storey link building between the house and barn complex and replace this with a new wider link building to allow for a large dining room adjacent to the kitchen 3. Conversion of the milking parlour/beast house into bunk rooms on ground and first floor by the installation of pods independent from the walls so can be removed completely if required.

Page 113 4. Installation of climbing walls and new floor into the large threshing barn 5. Installation of large pod in return end of threshing barn to provide a large meeting area with mezzanine floor Alterations to the farmhouse on ground floor: o The present scullery is to become the kitchen and a large portion of the wall facing towards the link building at ground level will be removed to allow for access into the new dining area. This is accepted as it will allow for a good flow from the farmhouse into the new link building. o The present back stairs are to be removed. New stairs will be constructed in a turned around position to allow for a safe secondary fire exit from the upper floors. Although normally this would be unsupportable in this case as the new stairs will be in a very similar position in the building and design wise the stairs will remain clearly secondary it is acceptable considering the overall new use the site will be put to. o Removal of corner of old kitchen and rear lobby. This consists of a window and two doorways. Only a very small amount of wall will be removed but will allow greater access to the rest of the property from the new link and bunk accommodation. o It is proposed that a small amount of chimney breast wall which seems serve no purpose. This alteration is needs to be taken out of the proposal. o Insertion of the disabled accessible bathroom pod in the former living room is acceptable as it is reversible. However some further detail will need to be supplied via condition. First floor farmhouse alterations o The alterations on this floor are minimal and mainly relate to slight reconfiguration back to original lay out and installation of bathrooms. None of which will have significant impact on the character of the house. Second floor farmhouse alterations o Again there are some alterations all relating to the installation of bathrooms etc. Link building demolition and rebuilding o The link building would appear to be part of the original design but is not by any means of the same quality of construction or design. The purpose of this building appears to have been for storage and to allow for a covered walkway between the barn complex and farmhouse. The proposal is to increase the depth of the building both to the front and rear. The front section will then encompass the new utility room which is to be built over the little stone enclosure on the side of the house. The rear section will be increased to slightly wrap around the wall of the old kitchen. The elevation that looks towards the garden will be in glass and timber which has a fairly light visual touch with a contemporary feel. Although modern in appearance the scale and form works well with the host buildings. o The link will still remain in a different form but in the spirit of the original building. The link will allow for a good connection to be developed between the former farmhouse, bunk accommodation and the main garden area. o Normally it would not be supported for the new rear wall of the proposed link building to wrap around the former kitchen wall, however in this case it is to enable a set of stairs and a platform lift to be accommodated within the rear section giving access to the bunk accommodation. As site is going to be a school the building needs to be inclusive and this element is acceptable because of that. o Before demolition the present building will need to be fully recorded.

Page 114 Milking parlour/beast house o Ground floor at present is completely open except at the furthest end from the link building. The present floor is a concrete floor until the furthest end where there are some fine cobbles. These will need to be protected in situ and details of how this will be accomplished will need to be provided as a condition. o The lay out is clear even though there are no divisions the remnants of the 1960's milking equipment is still in evidence. The proposed corridor is in the same place as the original area behind the cows being milked. o The corridor area will remain without the dry lining so that the character of the barn is still clearly legible. o The installation of the pods are completely revisable and although will break up the open area keeping the corridor mainly open will retain some feel of the original space. o At present there are only ladders to reach the hay loft above. The proposals are to have two a fire compartmented stair wells to allow for access to the bunk accommodation above. This will entail removal of two sections of floor between two of the floor joists. This will be a minimal loss to historic fabric. o I can't seem to find an elevation of the rear of the beast house only a section. This will need to be supplied prior to determination as there are windows openings at present with no windows in them and new windows shown on the floor plans. o The plans show six roof lights on the roof slope away from the courtyard and four inwards towards the courtyard. It is expected that the roof lights should be as few as is necessary. One on the roof slope away from the courtyard is shown immediately over a window this roof light should be removed from the scheme. Bull pen and former machinery room. o There is no alterations in this area of the building just repairs which will be dealt with later. Threshing Barn o There is some structural work needed to the wall separating the former machine room and the threshing barn this is due to the transfer of power fly wheel being positioned in the wall the vibration has caused considerable cracking to this wall. The fly wheel is still in position but is not marked on the proposed plans this should be clearly marked along with remnants of any other machinery. o The proposals shown a new raised wooden floor over the present concrete one together with a full length ramp down to the lower level from the internal double doors. o This space will be open to the apex as it is now for much of the space. o Three climbing walls will be installed in this area all free standing so will be easily removed if no longer required o The end section and return next to the cart shed building will have another of the pods installed in this space. This will have a glazed section in the double doors facing towards the village and one at the bottom of the internal ramp. o There will be a mezzanine section at the end of the return which reaches only as far as the double doors. o This is designed to allow for all the residents to gather together in one space. o The external double sliding doors will be retained so that when the space is not in use they can be shut therefore minimising the impact on the proposed glazed infill section. Stable building

Page 115 o There is a small baffled area behind the gable window of the stable building to allow for the bats to light sample etc. o This is a minimal intervention which will assist the present colony to continue without disturbance by the proposed new use. Repairs o The proposed new roof will need detailed drawings prior to commencement of work. It is however acceptable in this area to replace the roof as the original was lost during the fire. o Details of new roof lights to be conditioned o 1m square of re-pointing to be conditioned o Details of masonry stitching to be supplied on condition o Sample of slate to be conditioned o Details of new staircases to be conditioned o Details of external windows in milking parlour/beast house to be conditioned o Details of new glazed screen to double doors in the threshing barn to be conditioned o Colour of all new external timber work to be conditioned Landscape proposals The proposals relate to the installation of the bio-disc and laying of the patio in front of the glazed section of the link building. The laying of the proposed patio will necessitate the removal of some soil and levelling of the area. The construction of steps to take one up to the upper level of garden and a retaining wall along one side of the patio. The retaining wall will be a major feature in this section of the garden and the proposal to use gabion baskets filled with matching stone is of concern. The whole site has been carefully designed and has used high quality materials and craftsmanship. The new retaining wall should respect this and be faced up with stone laid in a manner that will reflect the other walls on site. Conclusion Overall the scheme has been carefully thought out and has used the conservation plan to come to mainly sympathetic choices in the proposed change of use and conversion of the farm complex. There are three small areas where it is necessary to seek an amendment or clarification to the scheme firstly the small section of wall between the former dining room and the kitchen should remain and not be removed, secondly the gabion baskets should be rethought and a more traditional walling method used for the retaining wall and thirdly floor plans with all existing remnants of machinery to be provided showing retention of each feature. The biggest change in the house is the removal of the original back stairs. It is with regret that it is considered in this case that the stair case can be removed and replaced. The original stairs are very narrow on the section from the second floor to the first and extremely steep from the first to the ground floor. As the new use will require a suitable set of secondary escape stairs and the new stairs will be almost in the same place as the original it is accepted that the stairs can be removed in the interests of safety of the residents. Subject to receiving suitable amended plans a recommendation of approval from a built heritage perspective can be given. There are a number of conditions that need to be requested if consent is granted:- 1. The existing and new roofs; shall be re-roofed in welsh slates, re-using existing slates where possible and making up with sound secondhand matching slates.

Page 116 Details of any new slates including source and samples shall be submitted to and approved in writing by the Local Planning Authority before commencement of works;. Slates should be fixed on non-ferrous nails over breathable felt. 2. Prior to installation; details of each new window (inclusive of cross-sections, mullions, transoms, glazing bar profiles and glazing details along with window furniture) shall be submitted to and approved in writing by the Local Planning Authority. 3. Prior to installation; details of each type of new external doors (inclusive of cross sections, frame details and door furniture) and glazed screens shall be submitted to and approved in writing by the Local Planning Authority.

4. Notwithstanding the details shown on the submitted plans, the proposed rooflights shall be of 'Conservation' pattern with a vertical glazing bar. Details of dimensions and manufacturer's specifications to be submitted to the Local Planning Authority and approved in writing prior to installation;.

5. No development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

6. A 1m square panel of re-pointing to be produced on site to be agreed in writing by the LPA before commencement of work

7. Details of colour scheme for all external joinery to be supplied and agreed in writing prior to installation

8. Details and methodology of stonework stitching and repairs to be supplied and agreed prior to commencement of work

9. Details 1:10 of new stairs to include balusters and handrail

Reason In order to protect the character and structural integrity of the Listed Building. In order to maintain the simple agricultural character of the Listed Building.

Page 117 Listed Buildings All listed building consent application will be determined in accordance with National Policy as set out in Circular 61/96.

Proposals for planning permission which impact on a listed building or its curtilage including the alteration, extension or change of use, whether internally or externally, will only be supported where it can be shown that there will be no significant harm to the special historic or architectural character and setting of the building or historic features.

Conclusion That the plans need to be annotated clearly relating to the machinery. Unfortunately it would not be appropriate to condition this otherwise I would be happy to do so.

NP Senior Heritage Officer (Building Conservation) 27th July 2016 The additional information now supplied covers all the issues I originally raised and can now supply a recommendation for approval.

Paragraph 6.5.1.

Page 118 'The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. In cases involving lesser archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development.'

The significance of the buildings at the site have been recognised by the Welsh Government with the buildings being given Grade II listed status as a Model Farm.

The site is also located within 100m of the Middle Usk Valley: Brecon and Llangorse Landscape of Special Historic Interest in Wales. This nationally important landscape is a product of a complex farming and settlement history.

A record of a Roman coin hoard is located within 300m of the development site (CPAT PRN 119426). Thirteen coins are recorded as having been recovered before 1909 and may have

Page 119 been found in the same location as a possible Roman villa to the north-west of the site (CPAT PRN 17808). Post-medieval structures incorporating 5 Bee holes (CPAT (PRN 17735) and a post-medieval quarry recorded on historic maps are also recorded within 300m of the site. A complex of undated earthworks incorporating rectangular enclosures and linear ditches have been recorded from aerial photography within 300m to the ENE of the appraisal site (RCHMW NPRN 300862).

Mitigation Required An Archaeological Watching Brief is required to allow any archaeological remains encountered during the development to be preserved by record to mitigate the potential damage to archaeological remains. An appropriate condition to use would be:

Reason: To ensure that any remains of archaeological significance disturbed in the course of the development are excavated, recorded and reported.

Page 120 Llanfrynach Community Council 12th Apr 2016 The Community Councillors are supportive of the above planning application.

Page 121 to prominence as founder of the David Morgan department store, an independent department store in Cardiff that trades for 125 years, only further enhances its significance. The significance of the buildings at the site have been recognised by the Welsh Government with the buildings being given Grade II listed status as a model farm.

An appropriate condition to use is: No development shall take place until a programme of buildings recording and analysis, equivalent to English Heritage Level 3 building survey, has been secured and implemented, in accordance with a brief issued by this Authority and Written Scheme of Investigation, which has been submitted and approved by the Local Planning Authority. The building recording must meet the standards laid down by the Chartered Institute for Archaeologists in their Standard and Guidance for the archaeological investigation and recording of standing buildings or structures. A copy of the resulting report should be submitted to the Local Planning Authority. After approval by the Local Planning Authority, a copy should also be sent to Clwyd Powys Archaeological Trust for inclusion in the regional Historic Environment Record. Reason: To allow a full analytical record of the buildings to be made, prior to alteration, to ensure that the buildings origins, use and development are understood and the main features, character and state of preservation are recorded.

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CONTRIBUTORS JW and PA Rees, Brodawel, Llanfrynach

OFFICER’S REPORT

INTRODUCTION

The application seeks listed building consent for the full renovation and development of Llanbrynean farm house and barns to a residential education facility, to include the demolition of the existing single storey link building and the provision of a new single storey link extension, minor external works to create a patio area and use of land for informal outdoor recreation activities.

The LBC application is being reported to PAROW as the proposal contained in the planning application, (15/13260/FUL) constitutes a Major Development.

Following the withdrawal of the previous planning application, (15/11979/FUL) the farmhouse and the associated barn buildings have been Grade II Listed by Cadw due to the buildings being a good example of a rare survival of a model farm with significant surviving historic character and fabric worthy of protection. This application is therefore accompanied by a Listed Building application (16/13261/LBC).

This application has amended the previous proposal to reflect the listed status of the buildings and includes the removal of the originally proposed tree house, retention of the pigsty and henhouse buildings, removing a new front entrance to the farmhouse, altering the new link extension and modifying the internal proposals.

SITE DESCRIPTION

Page 123 mixture of cast metal and upvc. The windows are almost all timber apart from a small number of multi-pane metal frame windows. The farmhouse is characterised by yellow brick dressings and yellow brick chimney stacks whereas the farm buildings are of more simple random rubble, though still with long and quoin stones. The farmhouse has a small garden to the east and south with flagged paths and stone boundary walls. The courtyard is slightly sloping and has a partly cobbled surface.

The site is surrounded by agricultural land. The nearest residential properties lie approximately 40 metres to the north east of the site and are located within the settlement boundary of the village of Llanfrynach. The site is located approximately 400m from the centre of Llanfrynach which lies 4 miles to the south east of Brecon.

Page 124 roosts.

PROPOSED DEVELOPMENT

The proposed development seeks to redevelop the existing buildings to create a residential education facility.

The Design and Access Statement advises that the applicant, Hall School, Wimbledon, have been visiting the Brecon Beacons for almost 20 years taking pupils aged between 10 and 16 on outward bound and educational field trips. The purchase of the site is proposed to give the school greater flexibility to visit the site and offer the pupils a greater range of outward bounds/adventure activities. The components of the proposed development are as follows:- i. Change of use and conversion of the existing farm house ii. A new contemporary glazed single storey link extension to replace an existing link extension to link the main house and the barn buildings iii. Repairs, refurbishment and conversion of the existing barns, iv. A two storey activity pod located within the north-west barn v. Use of external areas to provide a large courtyard and an outdoor patio/activity area.

The main farmhouse The main farmhouse is proposed to repaired, refurbished with minor alterations to provide suitable accommodation for the proposed use. The ground floor would provide a kitchen, day room, lounge, lobby room and accessible bedroom. The first and second floors would provide eight bedrooms for pupils and teaching staff as well as toilet and washroom accommodation. The basement will be retained as it is for use mainly as storage and laundry purposes. The main house could be closed off from the remainder of the buildings when smaller groups visit.

Page 125 east gable of the southern barn. Existing barns All of the barns are to be converted to provide a number of uses as set out below.

Northern barn (Cartshed and stable) The eastern part of the northern barn is proposed for the storage of vehicles and equipment for outdoor activities such as canoes, kayaks.

The refurbishment works to the barns involve the following: Walls - general repair, repointing as necessary using historic lime mortar to match existing Roof - general repairs making good using the same materials as those existing, replacement of existing roof lights with flush fitting roof windows and insertion of new roof windows on non-courtyard facing elevations Windows/doors - general repairs and replacements where required to match existing.

External proposals Externally, the proposals make use of the existing courtyard for parking provision. To the east of the new link extension, a new rear communal outdoor patio/activity area is proposed. To the south of the barns there would be a further courtyard area. The existing trees on site would be retained, save for two which are located within the proposed patio/activity area. The land to the north-west of the barns is proposed to be used as a cottage garden/allotment. Outdoor activities such as camping, project work and play could also occur within the site. The applicant, Hall School, Wimbledon, propose to use the site in three main ways:- i. By the school for various year groups 52 days per annum ii. Other school activities - teacher training/marketing and 52 days per annum iii. Family week holidays and weekends - 100 days per annum. This level of usage equates to around a total of 204/365 days per annum i.e. 56%. The school envisage developing the site in phases with work on the house being undertaken as the first phase.

Page 126 Use would be made of the existing access which provides direct access off the unnamed road into Llanfrynach. The existing courtyard is proposed for parking and turning provision.

Since the application was originally submitted the application has been amended by the submission of revised plans and proposals dated 22 June and 26 July 2016 following initial comments raised by the National Park's Senior Heritage Officer and Dwr Cymru Welsh Water. The application is supported by the following documents:- Planning Statement, Design and Access Statement Conservation Statement Preliminary Ecological Appraisal Report Wildlife Protection Plan Bats - Survey & Method Statement Swallows- Statement and Survey Report Structural Condition Survey Report Transport Statement Travel Plan

Use of Non-Mains Sewerage Arrangements Form, details of proposed Sewage Treatment Plant and Soakaway testing (Superseded by revised proposals dated 22 June to connect to the public sewer)

RELEVANT PLANNING HISTORY

16/13260/FUL Llanbrynean Farm Llanfrynach Brecon LD3 7BQ Change of use, full renovation and development of Llanbrynean Farm house and barns to a residential education facility, to include the demolition of the existing single storey link building and provision of a new single storey link extension, minor external works to create a patio area and use of land for informal outdoor recreation activities. 01.03.2016 Pending Decision

15/11979/FUL Llanbrynean Farm Llanfrynach Brecon LD3 7BQ Change of use, full

Page 127 renovation and development of Llanbrynean Farm house and barns to a residential education and outdoor recreation facility. 06.03.2015 Withdrawn

POLICY CONTEXT

Policy 1 Appropriate Development in the National Park SP1 National Park Policy SP3 Environmental Protection - Strategic Policy Policy 6 Biodiversity and Development Policy 7 Protected and Important Wild Species Policy 8 Trees and Development Policy 12 Light Pollution Policy 15 Listed buildings Policy 16 Demolition of Listed buildings Policy 17 The Setting of Listed Buildings Policy 23 Sustainable Design in the Adaption and Re-use of existing buildings Policy CYD LP1 Enabling Appropriate Development in the Countryside

Planning Policy Wales (Edition 8, Jan 2016) Chapter 4 - Planning for Sustainability, Chapter 5 - Conserving and Improving Natural Heritage and the Coast, Chapter 6 - Conserving the Historic Environment, Planning Policy Wales Technical Advice Note 12 - Design Planning Policy Wales Technical Advice Note 5 - Nature Conservation and Planning WO Circular 60/96 and 61/96 Conservation Principles ( Cadw, 2011)

MATERIAL CONSIDERATIONS

The main material planning considerations for a proposal of this nature are the potential impacts upon the following matters: o The Grade II Listed Buildings o Protected Species o Visual amenity

SUMMARY OF REPRESENTATIONS

One letter has been received in relation to the full application (16/13260) raising the following comments:- o Considers lean-to on western barn complex should be demolished as not part of original buildings to enhance appearance of barns, it would lead to children congregating,

Page 128 its use would disturb swallows o Questions species, timing of planting and timing of maturity of hedgerow along western and northern boundary o Disappointed with lack of further consultation with residents of Llanfrynach from the applicant.

APPRAISAL

IMPACT ON GRADE II LISTED BUILDINGS PPW recognises the importance of protecting the historic environment and states at Para 6.5.9 that: Where a development affects a Listed Building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses" which reflects Section 66 of the Planning (Listed Building and Conservation Areas) Act 1990 (as amended).

Policy 48 of the LDP also requires any outdoor activity to be regulated to ensure no harm would be caused to the natural beauty, wildlife and cultural heritage of the National Park.

Internal works - which only require listed building consent. The proposed internal works to the buildings are contained within three floors of the main house and the barn buildings as follows:-

Main Farm house Basement - No alterations

Page 129 Ground Floor level - Remove back staircase and replace with new stairs in a turned around position, removal of old kitchen, insertion of disabled accessible bathroom pod in former living room. First floor - Insertion of bathroom facilities. Second Floor - Internal divisions in bedrooms to create bathrooms Barns - Southern barn (cowshed) Insertion of lightweight eco-pod provide bunkrooms, wc's and shower rooms for pupils and additional rooms for teachers/supervisors on ground and first floor levels. This includes provision of stairwells to access upper floor areas and removal of two sections of floor between two of the floor joists and new roof structure, Western barn ( Bull pen, mixing house and barn) Southern section - no alterations proposed only repairs. Northern section - provision of new raised wooden floor and ramp down to lower level, provision of free standing climbing walls. North western part - insertion of internal activity pod comprising a free standing lightweight pod structure placed within the interior of the barn. Existing openings are proposed to be utilised to provide light into the new pod space. Provision of a mezzanine section. Northern barn (Cartshed and stable) Provision of baffled area behind gable window to allow for bats usage.

External works Main Farmhouse - removal of rear kitchen lobby consisting of a window and two doorways, insertion of new window at second floor level above stair landing, provision of new single storey link extension to replace an existing open fronted store shed. Proposed patio involves some ground levelling works, construction of steps and retaining wall. Barns - new windows in existing openings, new windows in enlarged openings, insertion of 14 larger roof lights in place of 11 existing smaller roof lights and insertion of 4 new roof lights.

Repairs, renovation and restoration works Proposed new roof covering to match existing materials of either second hand or new slates, re-pointing, masonry stitching to side of farmhouse, within western and southern barn, repairs to existing windows and doors, re-painting of rainwater goods, eaves and verges to be repaired and refurbished, new lead flashing to match existing, replacement of rotten timbers in farmhouse, excavate, clean and replace cobbles in courtyard, removal of timber partitions in southern barn, removal of cobbles within parts of southern and western barns and existing open store for re-use in courtyard, provision of insulated floor build up within new link extension, new skirting boards and dado rails to match existing, painting of exposed internal masonry to farmhouse, lime based plaster to damaged internal walls, repair ceilings and floorboards, take down and rebuild masonry wall adjacent to access drive.

All the above proposed external works and internal works and repairs, renovation and

Page 130 restoration works have the potential to have a direct impact on the listed buildings. A summary of the details of the proposed alterations and the significance and implications of these alterations to the character of the listed buildings are summarised within the comments of the National Park's Senior Heritage Officer set out above.

Within the farmhouse the most significant proposal is the removal of the original back stairs and its replacement in a different layout whilst in a similar place. Whilst this is regrettable, it is considered necessary in order to provide a suitable means of escape as the existing stairs are extremely steep.

The proposed internal changes to the barns largely retain the character of the existing barns and there would be minimal loss to the historic fabric. The internal pods are free standing so that they could be removed at a later date if no longer required without affecting the structure of the barns.

The external alterations include the provision of new flush conservation roof lights, new windows and doors which largely are sited within existing openings, with a few new windows in enlarged openings.

Page 131 balance between enabling improved access and use of the buildings and protecting its architectural and historic interest. The proposals will not, subject to the imposition of conditions for the submission of further details, detrimentally harm the architectural or historic interest of the listed buildings, and as such the proposed development is considered to comply with policies SP3 and 15 of the LDP along with guidance set out in PPW and Circular 61/96.

The application site is of historical and archaeological interest, the significance of the buildings being recognised by being given Grade II listed status as a model farm. The National Park's Heritage Officer (Archaeology) has commented on the application as provided in full above. In summary the Heritage Statement is welcomed as it is considered to be a thorough study of the farmhouse and farm buildings and is written according to Cadw's Conservation Principles. The proposals have taken account of the heritage statement and its recommendations to produce a scheme which has much lower impact on the buildings (compared to the previously withdrawn application) and retains the majority of the historic fabric of most significance. However, the National Park's Heritage Officer (Archaeology) has advised that further recording is required in respect of a fuller interior inspection of the buildings which were not part of the original study due to the presence of bat roosts and a fuller study of the surviving machinery prior to any alteration. An archaeological watching brief is also required in order to record any external original features which would be disturbed or damaged during the course of the development such as features associated with water management and hydrological energy.

It is therefore considered that subject to the imposition of the above conditions the proposed development would be consistent with policy SP3 f) of the Local Development Plan as well guidance set out in PPW and Circular 60/96.

Impacts on ecology/biodiversity and protected species PPW and TAN 5 require biodiversity considerations to be taken into account in determining planning applications and that planning permission should be refused if the proposals would result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. Similarly, Policy 6 of the LDP requires development which would harm the nature conservation value of a site to provide appropriate steps to mitigate or minimise harm or provides compensation to offset harm.

A number of ecological reports accompany the application which have confirmed the

Page 132 presence of roosts of a number of bat species, including lesser horseshoe bats and the potential presence of reptiles. The National Park's Planning Ecologist and Natural Resources Wales have been consulted to provide their expert comments in relation to the potential impact of the proposals on protected species.

The reports show that bats are present throughout the site but the main roosting areas are in the roof structure of the house, the eastern end of the Northern barn, in the Hen House and Pigsties. The provision of bat roosting areas are provided as mitigation within the Northern barn, Hen House and Pigsties. Whilst there are bats roosting in the farmhouse, extensive works already undertaken to the roof and upper floors in 2014/2105 ( prior to the building being listed) have been carried out under an EPS license issued by Natural Resources Wales and there are no further work that is proposed as part of the proposed development that will affect bats.

The National Park's Planning Ecologist has advised that due to the distance of the site from the River Usk SAC there is not likely to be any significant effects on the SAC as a result of the proposed construction of the development. However, a condition is recommended to ensure that no materials or machinery are stored near the watercourse.

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CONCLUSION It is considered that the proposed development respects the special historic and architectural character and setting of the listed buildings and therefore complies with policies of the LDP, PPW and the relevant guidance and circulars. Accordingly, it is recommended that Members be minded to approve the LBC application subject to its referral to Cadw.

RECOMMENDATION: Minded to Permit

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of [five] years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans [drawing nos. NP1v1 (Location Plan), NP16v2 ( Drwg No 3415 P_201RevA), NP17v1 ( Drwg 3415 P_300), NP18v3 (Drwg 3415 P_310RevB), NP19v2 (Drwg 3415 P_320RevB), NP20v1 ( Drwg 3415 P_330, NP21v1 ( Drwg 3415 P_340), NP22v1 ( Drwg 3415 P_400), NP23v2 (Drwg 3415P_401RevA), NP24v2 (Drwg 3415 P_402RevA), NP25v1 (Drwg 3415 P_403), NP26v1 (Drwg 3415 P_404), NP27v1 ( Drwg 3415 P_405), NP28v1 (Drwg 3415 P_406), NP29v1 (Drwg 3415 P_407), NP30v1 ( Drwg 3415 R_140), NP31v1 ( Drwg 3415 R_141), NP32v1 ( Drwg 3415 R_142), NP33v1 (Drwg 3415 R_143), NP34v1 ( Drwg 3415 R_144), NP35 ( Drwg 3415 R_120), NP36 ( Drwg 3415 R_121RevA), NP37v2 ( Drwg 3415 R_122RevA), NP38v1 ( Drwg 3415 R_123), NP39v1 ( Drwg 3415 R_124), NP40v1 ( Drwg 3415 P_204), NP41 ( Drwg 3415 P_203RevA) NP42v2 ( Drwg 3415 P_200RevA), NP43v1 unless otherwise agreed in writing by the Local Planning Authority. 3 All the existing and proposed new roofs shall be re-roofed in welsh slates, re- using the existing slates on the buildings where possible and making up with sound second-hand matching slates and all slates should be fixed on non-ferrous nails over breathable felt. The details of any new slates including source and samples shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of works. Thereafter, the development shall be completed in accordance with the approved details. 4 Prior to any works on any windows, the details of each new window (inclusive of cross-sections, mullions, transoms, glazing bar profiles and glazing details along with window furniture) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be completed in accordance with the approved details.

Page 134 5 Prior to any works on any doors, the details of each type of new external doors (inclusive of cross sections, frame details and door furniture and glazed screens) shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be completed in accordance with the approved details. 6 Notwithstanding the details shown on the approved plans, the proposed rooflights shall be of 'Conservation' pattern with a vertical glazing bar. Prior to any works on any roof lights the dimensions and manufacturer's specifications shall be submitted and approved in writing by the Local Planning Authority. Thereafter, the development shall be completed in accordance with the approved details. 7 No development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details. 8 Prior to the commencement of any re-pointing work, a 1 metre square panel of re-pointing to be produced on site shall be completed, which shall be the subject of inspection by the Local Planning Authority's Senior Heritage Officer (Buildings Conservation). Written approval must be obtained before further repointing work is undertaken and all subsequent work shall match the approved details. 9 Details of the proposed colour scheme for all external joinery shall be submitted and approved in writing by the Local Planning Authority prior to installation. Thereafter, the development shall be carried out in accordance with the approved details. 10 Prior to any stonework stitching and repair work commencing details and methodology of all stonework stitching and repairs shall be submitted and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details. 11 Prior to the installation of any new stairs, detailed drawings at a scale of 1:10 to include balusters and handrail shall be submitted and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details. 12 Prior to commencement of the development or any demolition works, the Local Planning Authority shall be provided with a copy of the license for bats that has been issued by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations 2010 (as amended) authorising the specified development to go ahead or written confirmation from Natural Resources Wales that such a license is not required. 13 The development shall be carried out fully in accordance with the recommendations within the following documents and drawings: o Llanbrynean Farm, Llanfrynach, Brecon: Bats - Survey and Method Statement - Issue 3.1 by Smith Ecology Limited dated 11 February 2016 o Hall School, Wimbledon - Llanbrynean Farm - Wildlife Protection Plan by Wildwood Ecology Ltd dated 16 December 2015 o Drawing NP40v1: Wildlife Mitigation. 14 The biodiversity mitigation and enhancement measures shall be undertaken

Page 135 and/or installed prior to first beneficial use of the development and shall be maintained thereafter. Following the installation of the mitigation and enhancement measures, a report prepared by a suitably qualified bat consultant confirming their adequate installation shall be submitted to the Local Planning Authority. 15 The results of the three bat monitoring surveys shall be submitted to the Local Planning Authority within 3 months of their being undertaken. These results will also be submitted to the Biodiversity Information Service for Powys and the Brecon Beacons National Park. 16 No external lighting shall be installed until an external lighting plan to include details of proposed lighting fixtures and fittings is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with bat mitigation and/or enhancement measures and shall be implemented as approved. 17 No materials, plant or machinery shall be stored within 5 metres of the adjacent watercourse. 18 No development shall take place until a programme of buildings recording and analysis, equivalent to English Heritage Level 3 building survey, has been secured and implemented, in accordance with a brief issued by this Authority and Written Scheme of Investigation, which has been submitted and approved by the Local Planning Authority. The building recording must meet the standards laid down by the Chartered Institute for Archaeologists in their Standard and Guidance for the archaeological investigation and recording of standing buildings or structures. A copy of the resulting report should be submitted to the Local Planning Authority. After approval by the Local Planning Authority, a copy should also be sent to Clwyd Powys Archaeological Trust for inclusion in the regional Historic Environment Record. 19 The developer will ensure that a suitably qualified archaeological contractor is present during the undertaking of selected ground works in the development area, so that an archaeological watching brief can be maintained. The archaeological watching brief will be carried out in accordance with a brief issued by the local planning authority and a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority, which must meet the standards laid down by the Chartered Institute for Archaeologists in their Standard and Guidance for an Archaeological Watching Brief. The Local Planning Authority must be informed at least 2 weeks prior to the commencement of the development of the name of the archaeological contractor appointed to undertake the Watching Brief. A copy of the Watching Brief report shall be submitted to the Local Planning Authority for approval, and following approval to the Royal Commission on the Ancient and Historical Monuments of Wales for inclusion in the National Monument Record, and to Clwyd Powys Archaeological Trust for inclusion in the Regional Historic Environment Record (HER) within two months of the fieldwork being completed.

Reasons:

Page 136

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development 3 To safeguard the character and structural integrity of the listed building. 4 To safeguard the character and structural integrity of the listed building. 5 To safeguard the character and structural integrity of the listed building. 6 To safeguard the character and structural integrity of the listed building. 7 To safeguard the character and structural integrity of the listed building. 8 To safeguard the character and structural integrity of the listed building. 9 To safeguard the character and structural integrity of the listed building. 10 To safeguard the character and structural integrity of the listed building. 11 To safeguard the character and structural integrity of the listed building. 12 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 13 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 14 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 15 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 16 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 17 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 18 To allow a full analytical record of the buildings to be made, prior to alteration, to ensure that the buildings origins, use and development are understood and

Page 137 the main features, character and state of preservation are recorded. 19 To ensure that any remains of archaeological significance disturbed in the course of the development are excavated, recorded and reported.

Informative Notes:

Page 138 ENC7Item 4

Brecon Beacons National Park Authority

PLANNING, ACCESS, AND RIGHTS OF WAY

COMMITTEE

23 August 2016

RECOMMENDATIONS OF THE DIRECTOR OF

PLANNING ON APPLICATIONS FOR

DETERMINATION BY

THE PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

Page 139

ITEM NUMBER: 4

APPLICATION NUMBER: 16/13577/FUL APPLICANTS NAME(S): Mr Rory O'Connell SITE ADDRESS: The Former Rectory Llangattock Crickhowell NP8 1PH GRID REF: E: 320942 N:217872 COMMUNITY: Llangattock DATE VALIDATED: 24 May 2016 DECISION DUE DATE: 24 August 2016 CASE OFFICER: Miss Lisa Williams

PROPOSAL Proposed two-storey extension to the rear of the property. Proposed single-storey extension to the rear and side of the property. The introduction of dormer rooflights.

ADDRESS The Former Rectory, Llangattock, Crickhowell

Page 140 CONSULTATIONS/COMMENTS

NP Strategy And Policy 7th Jul 2016 The development plan for the area is the Brecon Beacons National Park Local Development Plan 2007-2022 (hereafter LDP) which was adopted by resolution of the National Park Authority on the 17th December 2013.

My observations relate to the proposals compliance with the strategy and policy of the LDP.

Proposal The proposal relates to the extension of an existing dwelling.

As such, in these areas, there is a presumption against development with the exception given to those development forms where there is a defined essential need for a countryside location. Strategy policy CYD LP1 sets out the forms of development that are considered acceptable within these parameters.

Criterion 1 (a) of CYD LP1 enables extensions to existing dwellings where this would result in a net increase of no more than 30% of the original dwelling size. This restriction to the scale of extensions forms a dual purpose; firstly the policy seeks to ensure that the extension is an appropriate scale, form and design, especially as relates to traditional dwelling forms within the open countryside and secondly, the policy seeks to ensure a range of dwelling sizes are available to support a living working landscape.

The volume increase amounts to 56% over the original dwelling. This proposal does not meet the requirements of policy CYD LP1 (1a).

Recommendation: I am of the opinion that the proposal is contrary to policy CYD LP1 (1a) and cannot be supported by the policy and strategy team

As always if you have any concerns relating to the contents of my observations, or require additional clarification of any point please do not hesitate to get in contact.

NP Planning Ecologist 8th Aug 2016 A. Planning Policy & Guidance

Page 141 o To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. o The adopted Local Development Plan for the BBNP includes the following policies regarding ecological issues and safeguarding biodiversity: o SP3 Environmental Protection - Strategic Policy o Policy 3 Sites of European Importance o Policy 4 Sites of National Importance o Policy 5 Sites of Importance for Nature Conservation o Policy 6 Biodiversity and Development o Policy 7 Protected and Important Wild Species o Policy 8 Trees and Development o Policy 9 Ancient Woodland and Veteran Trees o Policy 12 Light pollution

B. Legislation o Environment Act 1995 - the first Statutory Purpose of the National Park is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park o The Environment (Wales) Act came into effect in March 2016 - from 21st May 2016, Section 6 requires public authorities to seek to maintain and enhance biodiversity. A list of species and habitats of principal importance in Wales is published under Section 7. o Conservation of Habitats & Species Regulations 2010 (as amended) - Regulation 9 requires local authorities to take account of the presence of European Protected Species at development sites. If they are present and affected by the development proposals, the Local Planning Authority must establish whether "the three tests" have been met, prior to determining the application. The three tests that must be satisfied are: i. That the development is "in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment". ii. That there is "no satisfactory alternative" iii. That the derogation is "not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range"

C. Comments 1. These development proposals are for the construction of a two-storey extension to the rear (north) elevation of the property and a single-storey extension to the rear and side (east) elevation. The proposals also include the insertion of dormer windows to the front and rear elevations. 2. The proposals will result in disturbance to the roof structure and conversion of the roof void to living accommodation and I therefore requested that a bat survey be undertaken to establish whether bats are present at the site and the extent to which they may be affected by the development proposals. I have received and reviewed a copy of the following ecological report: o Preliminary Roost Assessment (PRA) - For the site of The (former) Rectory,

Page 142 Llangattock, Powys, NP8 1PH by Arbtech dated 3 August 2016 3. A full visual inspection of the building was undertaken on 3rd August. The soffits and eaves are well-sealed and no evidence of bat roosting was found within the roof void; no further bat activity surveys are recommended. 4. There will be opportunities to accommodate biodiversity enhancement measures and the proposed 4 no. bat boxes are welcomed. The report recommends that the boxes be installed to the south elevation, but I have requested that two of the boxes are moved to another elevation to provide a variety of roosting aspects and temperatures.

D. Recommendations

If this application is to be approved, I recommend the inclusion of planning conditions and informative notes to cover the following issues:

1. The biodiversity enhancement scheme (4 no. bat boxes) shall be installed prior to the first beneficial use of the development hereby approved. Notwithstanding this, two bat boxes shall be installed to the south elevation and two bat boxes shall be installed to the east elevation, unless otherwise agreed in writing by the Local Planning Authority. Following the installation of the approved scheme, a report confirming adequate installation shall be submitted to the Local Planning Authority.

Informative notes: 1. All nesting birds , their nests, eggs and young are protected by law and it is an offence to: o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally take or destroy the egg of any wild bird o intentionally (or recklessly) disturb any wild bird listed on Schedule1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird. The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine of up to 5,000 pounds, six months imprisonment or both. The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) to remove or work on any hedge, tree or building where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built, (usually between late February and late August). If a nest is discovered while work is being undertaken, all work must stop and advice sought from Natural Resources Wales. 2. Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000

Page 143 Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP o To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016

NP Planning Ecologist 16th Jun 2016 A. Planning Policy & Guidance o To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. o The adopted Local Development Plan for the BBNP includes the following policies regarding ecological issues and safeguarding biodiversity: o SP3 Environmental Protection - Strategic Policy o Policy 3 Sites of European Importance o Policy 4 Sites of National Importance o Policy 5 Sites of Importance for Nature Conservation o Policy 6 Biodiversity and Development o Policy 7 Protected and Important Wild Species o Policy 8 Trees and Development o Policy 9 Ancient Woodland and Veteran Trees o Policy 12 Light pollution

B. Legislation o Environment Act 1995 - the first Statutory Purpose of the National Park is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park o The Environment (Wales) Act came into effect in March 2016 - from 21st May 2016, Section 6 requires public authorities to seek to maintain and enhance biodiversity. A list of species and habitats of principal importance in Wales is published under Section 7. o Conservation of Habitats & Species Regulations 2010 (as amended) - Regulation 9 requires local authorities to take account of the presence of European Protected Species at development sites. If they are present and affected by the development proposals, the Local Planning Authority must establish whether "the three tests" have been met, prior to determining the application. The three tests that must be satisfied are: i. That the development is "in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment". ii. That there is "no satisfactory alternative" iii. That the derogation is "not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range"

C. Comments 1. These development proposals are for the construction of a two-storey extension to

Page 144 the rear (north) elevation of the property and a single-storey extension to the rear and side (east) elevation. The proposals also include the insertion of dormer windows to the front and rear elevations. 2. The site is on the northern edge of Llangattock, with pasture, orchards and woodland to the south-west and west providing good bat foraging habitats. The Biodiversity Information Service for Powys and the Brecon Beacons National Park also holds records for bats nearby. 3. The proposals will result in disturbance to the roof structure and conversion of the roof void to living accommodation. The eaves and soffits of the house appear to be well-sealed, but there may be gaps under tiles or around the chimney flashing that could allow bats to roost and/or access the roof void. It therefore needs to be established whether bats are present at the site and the extent to which they may be affected by these development proposals. An initial scoping survey should be undertaken in the first instance, but further bat activity surveys at an appropriate time of year may be required. 4. There will be opportunities to accommodate biodiversity enhancement measures such as a bat brick or gaps for bat roosting behind weatherboarding; further guidance on this is provided by the Bat Conservation Trust at: http://www.bats.org.uk/pages/accommodating_bats_in_buildings.html I recommend that at least two features for bats or nesting birds are specified (type and location) by the applicants.

D. Recommendations The applicant will need to commission a preliminary ecological survey to establish whether the proposed development will have impacts on protected species. If no evidence of or potential for presence or impacts is found, a report detailing these findings should be submitted, along with any suitable biodiversity enhancement measures.

If evidence of or potential for protected species is found, further ecological surveys must be undertaken to establish species present, populations and details such as exact roosting sites and flight lines for bats. The methodology of the surveys should follow the latest best practice guidelines for the species concerned. A final report must detail mitigation, compensation and enhancement measures (including landscape design or retention).

As protected species are a 'material consideration', Brecon Beacons National Park Authority cannot determine this application until all the necessary survey, mitigation, compensation and enhancement information are received.

In summary, the applicant will need to submit a report to the BBNPA detailing the following: o A full visual assessment of the site for the presence of protected species (bats, nesting birds etc.) o If necessary, further surveys to establish species present and population sizes o Mitigation and compensation strategies for any species found to be present - these will also need to be shown on architectural drawings o Biodiversity enhancement measures that can be incorporated

The biological records provided in the ecological report will be forwarded to the Biodiversity Information Service for Powys and Brecon Beacons.

Page 145

This application cannot be approved in the absence of this information and should either be withdrawn or refused.

Reasons: To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the Brecon Beacons National Park

To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016

Powys County Council Highways 9th Jun 2016 Does not wish to comment on the application

NP Senior Heritage Officer (Building Conservation) 14th Jun 2016 National Policy Framework Planning Policy Wales (Edition 8: 2016): 6.5.17 Should any proposed development conflict with the objective of preserving or enhancing the character or appearance of a conservation area, or its setting, there will be a strong presumption against the grant of planning permission. In exceptional cases the presumption may be overridden in favour of development deemed desirable on the grounds of some other public interest. The Courts have held that the objective of preservation can be achieved either by development which makes a positive contribution to an area's character or appearance, or by development which leaves character and appearance unharmed. The adopted LDP states that: Policy 19 Development affecting Conservation Areas New development and alterations to existing buildings within or affecting the setting of a Conservation Area will only be permitted where it will preserve or enhance the character or appearance of the area and where the design, all building materials, proportions and detailing are appropriate to the Conservation Area. The demolition or substantial demolition of any unlisted building or structure within a Conservation Area that is subject to Conservation Area consent will only be permitted where there is the strongest justification. Where such a building is to be replaced, a contract of redevelopment will be required to be finalised and entered into prior to the granting of conservation area consent. 3.15.5 Conservation Areas 3.15.5.1 Conservation Areas are areas "of special architectural or historic interest, the appearance or character of which it is desirable to preserve and enhance." The NPA has a duty to ensure that the special features which contribute to the character and quality of these areas are enhanced. These features may include the historic street pattern, plot boundaries, the form of the settlement and individual buildings, the spaces between buildings, the materials used in construction, street furniture, the floorscape and the uses and activities which are

Page 146 carried out there. Conservation Areas have been designated in five settlements in the Park: Brecon, Crickhowell, Llangattock, Hay and Talgarth. Conservation Area boundaries are shown on the Proposals Map.

Considerations The proposals mainly have an impact on the rear of the property which is well screened within the conservation area. The front and side elevations are also reasonable well hidden from the conservation area. The host property is a plain and unassuming designed building and the proposed extension will have little impact on the appearance of the building from the main elevational view from the conservation area.

Conclusion From a built heritage perspective this will have no impact on the character or appearance of the conservation area and therefore a recommendation for approval can be given.

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

The application has been advertised through the erection of a site notice and through direct neighbour notification. No representations or objections have been received.

POLICIES Policy 1: "Appropriate Development in the National Park" (Local Development Plan 2013) Policy 6: "Biodiversity and Development" (Local Development Plan 2013) Policy 7: "Protected and Important Wild Species" (Local Development Plan 2013) Policy 19: "Development affecting Conservation Areas" (Local Development Plan 2013) Policy 27: "House Extensions and Ancillary Buildings" (Local Development Plan 2013) SP 3: "Environmental Protection" (Local Development Plan 2013) SP11: "Sustainable Design" (Local Development Plan 2013) CYD LP1: "Enabling Appropriate Development in the Countryside" (Local Development Plan 2013) Planning Policy Wales 8th Edition (July 2016) Technical Advice Note 5: Nature Conservation and Planning (2009) Technical Advice Note 12: Design (2016)

PLANNING HISTORY N/A

OFFICER’S REPORT

INTRODUCTION

This application is being reported to the Planning, Access and Rights of Way Committee as the proposed extension represents an increase in volume in excess of 30% of the

Page 147 original property and is therefore contrary to policy CYD LP1 of the Brecon Beacons National Park Authority's Local Development Plan (2013).

The application seeks full planning permission for the construction of a two storey rear extension and a single storey extension to side and rear of the property known as The Former Rectory, Llangattock. The proposed development also includes the insertion of dormer windows to the front and rear of the property. The application site is situated outside of the settlement of Llangattock as defined by the Brecon Beacons National Park Authority Local Development Plan and is located within the community of Llangattock.

SITE DESCRIPTION

The development site is situated within the Crickhowell and Llangattock Conservation Area. To the North, East, South and West of the site are a number of residential properties as well as The Rectory Country Hotel and Golf Club. The Former Rectory, which is the subject of this application is a detached two storey, double fronted dwelling enclosed by a stone wall and hedgerow. The dwelling features a fairly large amount of private amenity space to the front, sides and the rear; with off road parking and a detached garage type building. The property is finished in painted roughcast render with Rosemary clay plain tiles and white upvc glazing throughout.

PROPOSAL

There are effectively three elements to the proposal currently being considered, the construction of a two storey rear extension, a single storey extension to the side and rear and the insertion of dormer windows to the front and rear elevations.

The proposed two storey rear extension is to measure a width of 6 metres and will protrude from the existing rear elevation by 4.8 metres. This extension will reach a maximum ridge height of 8.5 metres, falling to 5 metres at the eaves.

The proposed single storey extension element to the proposal is to be constructed using an exposed timber frame glazed structure on the Eastern elevation of the property and will wrap around to the rear elevation. The extension will measure a width of 6.7 metres measured from the rear elevation and a width of 4.1 metres when measured from the front elevation. The overall length of this extension will measure 7.4 metres and the ridge height will measure 5.6 metres, falling to 2.4 metres at eaves height.

The proposed dormers to be inserted on the front and rear elevations of the property will measure a width of 1.5 metres and will reach an overall height of 1.7 metres. The four proposed dormer windows will protrude from the existing roof plane by 1.6 metres.

All elements of the proposal will be finished in materials that match or complement the existing dwelling using painted roughcast render, Rosemary clay plain roof tiles and timber glazing throughout.

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OFFICER APPRAISAL

This application was considered against the adopted policies of the Brecon Beacons National Park Authority Local Development Plan (2013). In making a recommendation on this application, I have taken into consideration the relevant policies of the Development Plan and the comments made by the consultees and other interested parties and the following national guidance: o Planning Policy Wales (PPW, 2014) o Technical Advice Note 12 Design (2014)

This application is considered against Policies 1, 27, SP11 and CYD LP1 of the Local Development Plan 2013 (LDP).

PRINCIPLE OF DEVELOPMENT

Development within countryside is strictly controlled by virtue of CYD LP1 of the LDP which stipulates that proposals for development within countryside locations will be required to contribute positively to their countryside setting and enhance the quality of the landscape without adverse impact on the wildlife, natural beauty, cultural heritage, environmental assets or biodiversity of the area.

CYD LP1 (1) (a) looks at extensions to dwellings in open countryside. Proposals for an extension to a dwelling in the open countryside that would increase the size of the original dwelling by more than 30% will be considered to be contrary to Policy CYD LP1. The LDP defines the original dwelling as the dwelling as existing on 1st July 1948 if it was built before that date, and as it was built if built after that date.

The proposal represents an approximate 56% overall increase of the original dwelling and as such would be contrary to this section of policy CYD LP1. However, due to the scale and design of the proposal, remaining subservient to the original dwelling, not having an impact on highway safety, protected species or the amenity of neighbouring properties, it is considered acceptable in the occasion.

Character and appearance on the host building and surrounding area. Policy 27 states that extensions to dwellings will be permitted where a) the proposal is appropriate to the scale and setting of the original dwelling; b) no loss of on-site parking will result, and adequate on-site parking provisions can be provided for the extended dwelling; c) an area of private amenity space is retained; and d) there is no significant loss of privacy to an adjoining property. Extensions to a dwelling in the countryside must be the subordinate part of the overall finished structure; be appropriate to the scale and design of the existing dwelling and not be dominant or intrusive.

Although the extension is in excess of 30% of the volume of the original dwelling, the design ensures the appropriate integration of the extension with the host dwelling and

Page 149 surrounding area. The proposed extension will be finished in appropriate materials in keeping with those of the original dwelling. The development remains a subordinate part of the overall finished structure and is appropriate to the scale and design of the existing dwelling for parking purposes.

Sufficient private amenity space is retained to the front, sides and rear of the property such that the proposal is considered to be of a scale which is considered appropriate to the form and design of the existing dwelling.

The proposal is therefore considered to be in keeping with the surrounding area and the host dwelling and the therefore compliant with Policy 27 (a).

Neighbour Amenity Policy 27 (d) of the LDP aims to ensure that any proposed development does not have an unacceptable impact on the amenity of the area and adjoining properties.

It is considered that the development proposed would not have a detrimental impact on the privacy or amenity of the neighbouring residents by reason of the overall scale and its relationship with the neighbouring property.

It is therefore considered that the proposal complies with Policy 27 (a), (d) and SP11 of the LDP.

Highway Safety It is considered that the proposed extension would not generate additional traffic movements to and from the site or be detrimental to highway safety and free flow of traffic along the adjoining highways.

Following consultation with Powys County Council Highways Department no objections towards the proposal have been raised.

It has also been determined that the extension proposed would not affect the existing parking provision within the site. The application is therefore considered compliant with Policy 27 (b) of the LDP.

Conservation Area The application site lies within the Conservation Area of Crickhowell and Llangattock. The proposal primarily impact the rear of the property which due to the existing boundary treatments, is well screened within the Conservation Area. It is considered that the host dwelling is plain and unassuming and the proposed extension will have little impact upon the appearance of the building from the main elevational view from the Conservation Area. The proposal is therefore determined to have no impact on the character and appearance of the Conservation Area and therefore complies with Policy 19 of the Local Development Plan.

Protected Species

Page 150 Both Policies 6 and 7 of the Local Development Plan (2013) look at protected species and biodiversity and state the proposals on land or buildings that support protected species will only be permitted where the need for the development outweigh nature conservation importance of the site and positive measures are provided to contribute to species and habitat conservation.

Following consultation with the National Park Planning Ecologist, comments were provided stating that a preliminary ecological survey should be undertaken to assess the potential impact of the proposed development upon protected species. A survey was undertaken and submitted and no evidence of protected species was found. Details of four bat access points to be installed on the property were submitted and welcomed by the Ecologist. It is therefore considered that the proposal would not have a significant impact on protected species.

CONCLUSION

The proposed side extension is considered acceptable in that it would not have an unacceptable impact upon the character and appearance of the host dwelling or surrounding area nor would it have a detrimental impact on neighbour amenity or highway safety. As such the proposal conforms to Policy 1, Policy 19, 27, SP3, SP11 and CYD LP1 of the Local Development Plan and therefore is recommended for approval.

Plans condition The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. 0.01 (NP1v1 Site Location Plan), 0.02 (NP2v1 Proposed Ground and First Floor Plans, Elevation and Site Plan) and 0.03 (NP3v1 Proposed Second Floor Plan and Cross Section A-A & B-B)), unless otherwise agreed in writing by the Local Planning Authority.

RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. 0.01 (NP1v1 Site Location Plan), 0.02 (NP2v1 Proposed Ground and First Floor Plans, Elevation and Site Plan) and 0.03 (NP3v1 Proposed Second Floor Plan and Cross Section A-A & B-B)), unless otherwise agreed in writing by the Local Planning Authority. 3 The biodiversity enhancement scheme (4 no. bat boxes) shall be installed prior to the first beneficial use of the development hereby approved. Notwithstanding this, two bat boxes shall be installed to the south elevation and two bat boxes shall be installed to the east elevation, unless otherwise agreed in writing by the Local Planning Authority. Following the installation of the approved scheme, a

Page 151 report confirming adequate installation shall be submitted to the Local Planning Authority.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP

Informative Notes:

1 All nesting birds, their nests, eggs and young are protected by law and it is an offence to: o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally take or destroy the egg of any wild bird o intentionally (or recklessly) disturb any wild bird listed on Schedule1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird. The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine of up to 5,000 pounds, six months imprisonment or both. The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) to remove or work on any hedge, tree or building where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built, (usually between late February and late August). If a nest is discovered while work is being undertaken, all work must stop and advice sought from Natural Resources Wales. 2 Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX.Tel: 0300 065 3000

Page 152 ENC8Item 1

APPLICATIONS DELEGATED TO THE NATIONAL PARK OFFICERS

App No. Grid Ref. Applicant, proposal, type, address Decision Date Issued Decision Type

13/09403/DISCON N: 228473 Mr EPD Evans for Proposed pitched roof Permit 17 June 2016 Delegated E: 307361 to small section of flat roof discharge Decision condition 3 pursuant to Planning Permission 13/09403/FUL (Approval of details reserved by condition) at Brookfield, Groesffordd, Brecon LD3 7SW

15/12944/CPE N: 216952 Mr Robert Richardson for Land to the Permit 29 June 2016 Delegated E: 264927 rear of Bryncoch Farm House. Each Decision Caravan is marked as A, B, C, D (as per map supplied by the BBNP). These Caravans have been in use as personal/residential status starting from the 1970's. A - 2001, B - 1970's, C - 1970's, D - 1990's. (Certificate Existing Lawful Use/Dev) at Bryncoch Farm , Llandyfan, Ammanford Carmarthenshire SA18 2TY

16/13185/FUL N: 211287 Mr Frazer Richardson for Erection of Withdraw 27 June 2016 Delegated E: 305681 new dwelling (Full Application) at Rear Decision Of 7 Bryn Terrace, Pontsticill, Merthyr Tydfil Merthyr Tydfil Ua CF48 2UL

16/13245/FUL N: 218621 Mr Darren Davies for To construct a Permit 4 July 2016 Delegated E: 321900 single and two storey extension on the Decision existing dwelling (Full Application) at 4 Danygrug, Crickhowell, Powys NP8 1DD

16/13299/LBC N: 218507 Mr P Webb for An application for the Permit 4 July 2016 Delegated E: 321764 adaptation and partial demolition of a Decision wall separating the rear yard of Ty Canol (No 2 High Street) and the back yard of Webbs Crickhowell. (Listed Building Consent) at Ty Canol, 2 High Street, Crickhowell Powys

16/13300/FUL N: 227196 Mr Nick Bevan for Proposed outbuilding Permit 7 July 2016 Delegated E: 310739 to be used as home office. (Full Decision Application) at The Barns Brynderwen , Tal-Y-Llyn, Brecon LD3 7SY

16/13310/CON N: 223192 Mr Edmund Buck for To remove condition Permit 1 July 2016 Delegated E: 331752 5 of M19955 - to tie together two subject to Decision properties which physically are completely Section independent of each other and so far apart 106 serves no practical purpose and is unduly Agreement punitive and restrictive) (Variation/Renewal of Conditions) at Box Tree Cottage, Cwmyoy, Abergavenny NP7 7NU

Page 153

16/13315/LBC N: 211430 Airwave Solutions Limited for The Permit 17 June 2016 Delegated E: 301184 installation of: 1 no. 300mm diameter Decision radio link dish at a height of 10m AGL fixed to a new parapet supported pole to support the dish; Non-visible equipment works within the existing internal equipment room in the building; Ancillary development thereto including all necessary cabling and fixings. (Listed Building Consent) at Llwyn-On Reservoir, Llwyn-On, Merthyr Tydfil CF48 2HT

16/13332/FUL N: 228269 Mrs Jane Wallace for Demolition of Permit 28 June 2016 Delegated E: 304481 existing prefabricated bungalow and Decision erection of new detached house (Full Application) at 2 Scout Lane, Brecon, Powys LD3 7DX

16/13380/CON N: 210869 Mr Dilwyn John for Variation of Permit 25 July 2016 Delegated E: 301708 Conditions 2,7,8 and 10 of Decision 10/05337/FUL to improve access arrangements onto main highway following discussions with Local Planning Authority and Trunk Road Agency - Amend drawings NP15v1 (DAN 001A dated 9/3/11) and NP11v2 by removing lay by treatment as explained in supporting statements and plans (Variation/Renewal of Conditions) at Danygraig Farm , Merthyr Tydfil, CF48 2HS

16/13398/ADV N: 228566 Mr Peter Owen for Shop Signage above Permit 7 July 2016 Delegated E: 304481 entrance (Application to Display Decision Adverts) at 48 High Street, Brecon, Powys LD3 7AP

16/13403/DISC N: 228441 Ms Lucy Bevan for Discharge Condtions Split 22 June 2016 Delegated ON E: 304602 3, 6, 7, 8, 9, 11 pursuant to Planning Decision Decision Permission 14/11208/FUL & Conditions Discharge 4,7,8,13 pursuant to Listed Building Conditions Consent 14/11209/LBC. (Conditions 3, 7, 8, 9, and 13 discharged, 6 and 11 still outstanding) (Approval of details reserved by condition) at Brecon Museum , Captains Walk, Brecon Powys LD3 7DS

16/13404/FUL N: 219197 Mr David Rees for Proposed new two Permit 22 June 2016 Delegated E: 322923 steel frame buildings joining on to Decision existing buildings. No 1 - 16.5m wide x 13.710m long x 4.50m to eaves and 6.75m to ridge.

Page 154 NO 2 - 14m wide x 13.710m long x 4.50m to eaves and 6.330m to ridge. To be used as dry cattle housing and straw barn. (Full Application) at Gwernybutler Farm, Bellfountain Road, Llangenny Crickhowell Powys NP8 1TD

16/13431/FUL N: 223117 Mrs A MEHDI for FORM TWO Permit 17 June 2016 Delegated E: 272533 AGRICULTURAL ACCESS GATES (Full Decision Application) at Beili Home Farm , Gwynfe, SA19 9PU

16/13447/DISC N: 221819 Mr Richard Burton for Discharge of Permit 17 June 2016 Delegated ON E: 331014 Conditions 3,4,5,6,and 7 pursuant Decision Planning Application 15/12532/FUL and 15/12533/LBC for repairs and alterations to existing farm buildings into holiday unit and community facilities (Approval of details reserved bycondition) at Llwyn Celyn , Brynarw To Llanthony Wood, Cymyoy NP7 7NE

16/13457/FUL N: 218177 Mrs C Thomas for Demolition of Permit 21 June 2016 Delegated E: 321065 existing agricultural barn, and erection of Decision a modern replacement general purpose agricultural building. (Full Application) at Cwrt Isaf Farm , Llangattock, Crickhowell NP8 1PH

16/13467/FUL N: 214063 Mr Louis Draper for Erection of a porch Permit 30 June 2016 Delegated E: 326621 on front of property (Full Application) Decision at Bramble Cottage , Mill Lane, Govilon NP7 9SA

16/13470/DISC N: 213013 Ms Hannah Mitchell for Suspensive Permit 7 July 2016 Delegated ON E: 300343 elements prior to construction Decision commencing, so discharge required. - n/a (14/11461/FUL) (Approval of details reserved bycondition) at Garwnant Hydro , Nr. Garwnant Visitor's Centre, Merthyr Tyfil CF48 2HP

16/13474/FUL N: 221196 Mr Williams for A single storey Permit 5 July 2016 Committee E: 319281 extension to an existing dwelling (Full Decision Application) at Llandegeman Fach , Tretower, Crickhowell NP8 1RG

16/13475/FUL N: 228306 Mr Neil Mackinlay for Construction of Permit 27 June 2016 Delegated E: 304839 double garage to the rear of The Grange Decision Guesthouse. (Full Application) at The Grange Guesthouse , 22 Watton, Brecon LD3 7ED

16/13481/FUL N: 230120 Mr Brian Price for Agricultural Building Permit 20 June 2016 Delegated E: 317211 Housing Farm Animals (Full Application) Decision

Page 155 at Pengenffordd Farm, Pengenffordd, Talgarth Brecon Powys LD3 0EW

16/13484/FUL N: 230120 Mr Brian Price for New Agricultural Permit 20 June 2016 Delegated E: 317211 Building (Full Application) at Decision Pengenffordd Farm, Pengenffordd, Talgarth Brecon Powys LD3 0EW

16/13477/LBC N: 227741 Mr T Bullough and Miss C Ward for Permit 3 August 2016 Delegated E: 299721 internal and external alterations (Listed Decision Building Consent) at Cilwych, Llanspyddid, Brecon LD3 8NS

16/13478/FUL N: 230584 Mr & Mrs G Jones for Refurbishment Permit 27 June 2016 Delegated E: 314929 and adaptation of adjoining barns to Decision provide residential extension (Full Application) at Rhiwlas Wholehouse Farm, Pengenffordd, Talgarth LD3 0HA

16/13489/FUL N: 233571 Mr Gereint Weale for Single-storey Permit 20 June 2016 Delegated E: 315586 extension and retention of raised Decision platform (Full Application) at Fernleigh , Penbont Road, Talgarth LD3 0BS

16/13493/FUL N: 210967 Mr And Mrs N Richards for Erection of Permit 20 June 2016 Delegated E: 305561 single storey extension and installation Decision of a new vehicular access to road to provide 3 off street parking spaces. (Full Application) at 1 Penygarn, Pontsticill, Merthyr Tydfil CF48 2TY

16/13495/DISC N: 221728 Mr & Mrs John Chadwick for Discharge Permit 7 July 2016 Delegated ON E: 316988 Condition 4 pursuant to Planning Decision Application 15/12631/FUL - Renovation of attic rooms, two new windows in the northern elevation and replacement windows (Approval of details reserved bycondition) at Middle Gaer , Cwm-Du, Crickhowell NP8 1SB

16/13496/CON N: 221808 Mr & Mrs BDH Davies for Modification Refuse 12 July 2016 Delegated E: 268934 of S106 relating to land Decision (Variation/Renewal of Conditions) at Dafadfa Uchaf , U4500 From, Gwynfe Llangadog SA19 9SA Reason/s for refusal: The removal of 80.8 hectares of land from the S106 Legal Agreement signed on the 1st June 2005 would result in the agricultural enterprise becoming unviable and unable to sustain two agricultural workers dwellings. The application is contrary to the requirements of Technical Advice Note 6: Planning for Sustainable Rural Communities (July 2010).

16/13498/LBC N: 242137 Mr Calum Milne for Removal of a fire Permit 26 July 2016 Delegated E: 322687 escape door and lobby from the existing Decision door opening D02 on the Church Street elevation and insertion of a new 16 pane vertical sliding sash window with stone

Page 156 sub-cill to match the existing windows with shutters and linings internally. (Listed Building Consent) at The Swan at Hay , Church Street, Hay-On-Wye HR3 5DQ

16/13502/FUL N: 227543 Mr Tunnicliffe for New 2 bedroom Refuse 22 July 2016 Delegated E: 313528 dwelling (Full Application) at Land Decision Adjacent To Trem Y Bannau, Llangorse, Nr Brecon Powys LD3 7UB Reason/s for refusal: There is no provision for affordable housing and no evidence to suggest a departure from the development plan with regards a contribution towards affordable housing. The application is therefore contrary to Policy 28 of the adopted Brecon Beacons National Park Authority Local Development Plan (2013). No information from a suitably qualified person has been submitted assess the archaeology of the site which is identified as archaeologically sensitive. The application is therefore contrary to Chapter 6 of Planning Policy Wales (Edition 8: 2016), Circular 60/96 Archaeology and Planning (Dec 1996) and Policy 22 of the adopted Brecon Beacons National Park Authority Local Development Plan (2013). The required visibility splays cannot be provided for and the development would represent a detriment to highway safety. The application is therefore contrary to Policy 59 of the adopted Brecon Beacons National Park Authority Local Development Plan (2013). The proposed development, by reason of its inappropriate scale and character would have a detrimental impact on the character and visual amenities of this part of the National Park. The application is therefore contrary to Policy 1 i) of the adopted Brecon Beacons National Park Authority Local Development Plan (2013).

16/13547/LBC N: 217243 Peter Hindley for Replacement of french Permit 3 August 2016 Delegated E: 320087 doors and reinstatement of original Decision window and window seat (Listed Building Consent) at The Neuadd, Llangattock, Crickhowell Powys NP8 1LE

16/13503/CON N: 228671 Mr Richard Smith for Removal of Refuse 30 June 2016 Delegated E: 304428 condition 3 (provision of an affordable Decision unit) attached to planning permission reference 13/10034FUL dated 22/4/15. (Variation/Renewal of Conditions) at 26 High Street Superior, Brecon, LD3 7LE Reason/s for refusal: Insufficient information has been provided to justify the removal of this condition, which is required in order to ensure the development meets the requirements of Policy SP6 and Policy 28 of the Brecon Beacons Local Development Plan.

16/13508/FUL N: 215694 Mr Simon Bloor for Engineering works Permit 24 June 2016 Delegated E: 328381 on existing watercourse comprising: Decision Partial diversion and lining of part of stream with masonry walls, masonry weirs and stone copings. (Full Application) at Dummar Farm, Pentre Lane, Abergavenny Monmouthshire NP7 7LA

16/13511/ADV N: 228016 Mr Richard Venner for Hanging sign to Permit 23 June 2016 Delegated E: 292543 advertise workshop and showroom for Decision bespoke kitchen manufacturing and fitting business. (Application to Display

Page 157 Adverts) at Gorphwysfa, Sennybridge, Brecon Powys LD3 8SB

16/13512/FUL N: 213407 D Lewis and Partners for Material Withdraw 23 June 2016 Delegated E: 293005 change of use of land to a campsite for Decision three shepherds huts and the demolition of former public toilet block and replacement with new of sanitary block for campsite use. (Full Application) at Public Convenience , Ystradfellte, Aberdare CF44 9JF

16/13514/REM N: 220130 Mr A Barrett for The layout and Permit 4 July 2016 Delegated E: 315024 appearance of a two storey dwelling Decision (Approval of Reserved Matters) at Coed-yr-Ynys , Coed-Yr-Ynys Road, Llangynidr Crickhowell NP8 1NA

16/13516/FUL N: 217743 Nicky Swain for Two storey rear Permit 29 June 2016 Delegated E: 321098 extension for residential use (Full Decision Application) at 2 Dinas Place, Hillside Road, Llangattock Crickhowell Powys NP8 1PB

16/13517/FUL N: 217531 Mr Gerald Shore for Proposed Permit 30 June 2016 Delegated E: 321115 Extension to front of Dwelling (Full Decision Application) at 2 Beechwood Road, Llangattock, Crickhowell Powys NP8 1PL

16/13518/FUL N: 229604 Mr Jonathan Williams for Change of use Refuse 5 July 2016 Delegated E: 296629 from churchyard (D1) to private garden Decision (C3) (Full Application) at St David's Church, Trallong, Nr Brecon LD3 8HP Reason/s for refusal: The proposed development would represent an extension of residential curtilage into land allocated as countryside in the Brecon Beacons National Park Local Development Plan, contrary to the requirements of Policy CYD LP1. The proposed development would represent a significant loss of privacy for the occupants of the adjacent dwelling, contrary to the requirements of paragraph 3.1.7 of Planning Policy Wales (Edition 8: 2016).

16/13519/FUL N: 219219 Mr & Mrs Jones for Conversion of an Permit 30 June 2016 Delegated E: 333665 existing stable block into 2no. holiday let Decision units consisting of one 2 bed and one 3 bed wheelchair accessible unit. (Full Application) at Llwyn Franc Farm , Llanvihangel Crucorney, NP7 8EN

16/13520/CPE N: 232564 Mr & Mrs Clive Micklewright for Lawful Permit 4 July 2016 Delegated E: 317337 Development Certificate in respect to Decision change of use of agricultural land to land used as domestic garden in association with the property known as 'Arosfa' (Certificate Existing Lawful Use/Dev) at Arosfa , Hospital Road, Talgarth LD3 0EF

Page 158

16/13524/FUL N: 210229 Mr Jonathan James for Essential Permit 11 July 2016 Delegated E: 287381 refurbishment works and alterations Decision (Full Application) at Nant Hir, Near Banwen, Powys SA10 9LU

16/13527/FUL N: 228640 Mr John Williams and Dawn Brooking Permit 19 July 2016 Delegated E: 292059 for Alterations to existing roof Decision (including the addition of a gabled dormer in lieu of a flat roof); the addition of a gabled dormer, the insertion of 2 no. roof lights and a roof terrace; minor single storey ground floor extension. (Full Application) at Abercamlais Arms , High Street, Sennybridge LD3 8PH

16/13528/FUL N: 221942 Mr & Mrs John Tate for single story Permit 18 July 2016 Committee E: 329799 extension (Full Application) at Gaer Decision Farm, Gaer Road, Cymyoy NP7 7NE

16/13530/DISC N: 219461 Mr Rowan Smith for Discharge of Permit 17 June 2016 Delegated ON E: 315601 Condition 3 pursuant to Planning Decision Application 15/12593/FUL for extension (Approval of details reserved bycondition) at 6 Groesfford, Llangynidr, Crickhowell Powys NP8 1NH

16/13540/CON N: 228418 Ms Lucy Bevan for Variation of Refuse 7 July 2016 Delegated E: 304573 Condition 8 pursuant to 14/11208/FUL Decision and 14/11209/LBC to reword the condition to allow the garden boundary wall to be carefully dismantled and reconstructed on the same line as existing and replicated in all aspects of the random rubble nature of its construction while giving a stable base on a new foundation. (Variation/Renewal of Conditions) at Amgueddfa Brycheiniog , Captains Walk, Brecon LD3 7DS Reason/s for refusal: Inadequate justification has been provided for the demolition and rebuilding of the historic garden boundary wall which is contrary to the provisions of Policy 15 of the Brecon Beacons National Park Local development Plan.

16/13546/FUL N: 229186 Mr Ian Griffiths for Alterations to the Permit 11 July 2016 Delegated E: 304256 existing dwelling to include the insertion Decision of two dormer windows, four skylights, a porch and replacement of the front garden with tarmac and permeable paving. The proposal also includes the removal of an existing chimney and the replacement of all existing windows. (Full Application) at Ty Dewi ,

Page 159 Peppercorn Lane, Brecon LD3 9EG

16/13553/TPO N: 216568 Mr Dan Butler for Works to Trees. Withdraw 18 July 2016 Delegated E: 330606 (Tree Preservation Order) at Ty Gwyn Decision Hall Nursing Home, Great House Lane, Triley Llantilio Pertholey Monmouthshire NP7 6NY

16/13554/CON N: 228305 Mrs Mary Phillips for Variation of Permit 11 July 2016 Delegated E: 304753 conditions 3 (occupation of managers Decision unit tied to the Gremlin Hotel) and 6 (units shall not be sold separately to the Gremlin Hotel) of 13/09971/FUL dated 5/11/13. (Variation/Renewal of Conditions) at Gremlin Lodge, Gremlin Hotel , 48 Watton Brecon LD3 7EG

16/13555/OUT N: 228234 Mr & Mrs D B Mills for Outline Withdraw 13 July 2016 Delegated E: 301296 application for one new dwelling with Decision provision of 2 septic tanks (1 for existing and 1 for proposed dwelling) (Outline Application) at Cartref, Llanspyddid, Brecon Powys LD3 8PB

16/13560/FUL N: 220227 Mrs Philippa Herbert for Retention of Permit 29 June 2016 Delegated E: 323306 New Gardener's Shed and Woodstore Decision (Full Application) at Neuadd, Llanbedr, Crickhowell Powys NP8 1SR

16/13563/FUL N: 216147 Mr Richard Arthur for Installation of Permit 20 July 2016 Delegated E: 327246 new drainage infiltration system (Full Decision Application) at Glen View , Penygraig Road, Llanwenarth NP7 7LA

16/13566/FUL N: 228900 Mr Ian Barrington for Change of use of Permit 20 July 2016 Delegated E: 304485 building from part offices and part Decision domestic to office use. (Full Application) at 10 Priory Hill, Brecon, LD3 9DH

16/13567/FUL N: 216964 Mr Scott for Siting of 2no. Timber Pods Withdraw 15 July 2016 Delegated E: 320611 as non-permanent Holiday Decision Accommodation. New access. (Full Application) at Land Adjacent To Hillside Road, Llangattock,

16/13568/FUL N: 213968 Mr And Mrs R Howells for Erection of a Permit 7 July 2016 Delegated E: 323485 Conservatory (Full Application) at Decision Tanglewood, Forge Row, Maesygwartha Gilwern Monmouthshire NP7 0HA

16/13569/CPE N: 228329 Mr And Mrs Mount for Land used as Permit 5 July 2016 Delegated E: 325345 Garden Curtilage (Certificate Existing Decision Lawful Use/Dev) at Blaen Y Cwm, Forest Coal Pit, Nr Abergavenny NP7 7LY

Page 160

16/13574/TPO N: 223492 Mrs Lucy Jones for Felling and Cutting Permit 13 July 2016 Delegated E: 298304 back of trees at Carno Farm. (Tree Decision Preservation Order) at Carno Farm, Libanus, Brecon Powys LD3 8NF

16/13609/DISC N: 207121 Mr David Viner for Discharge Condition Permit 13 July 2016 Delegated ON E: 331425 3 pursuant to Planning Permission Decision 16/13091/LBC (Approval of details reserved bycondition) at Lapstone Bridge 76 , Pencroesoped,

16/13621/DISC N: 206316 Mr David Viner for Discharge Condition Permit 12 July 2016 Delegated ON E: 331338 3 pursuant to Planning Permission Decision 16/13090/LBC (Approval of details reserved bycondition) at Goytre Wharf , Old Abergavenny Road, Pencroesoped Llanover NP7 9EW

16/13571/CPL N: 216466 Mr John Frost for Use of dwelling as C3 Deemed 7 July 2016 Delegated E: 333178 dwellinghouse and conversion of garage Permitted Decision (Certificate Proposed Lawful Use/Dev) Developm at Skirrid View , Old Ross Road, ent Llanddewi Skirrid NP7 8AP

16/13575/DISC N: 216269 Mr John Pritchard for Discharge of Permit 6 July 2016 Delegated ON E: 320515 Conditions 3 ( Archaeology) and 7 Decision (Landscaping) pursuant to 14/11254/FUL for High head micro hydro scheme (Approval of details reserved bycondition) at Prysg Farm , Hillside Road, Hillside Llangattock NP8 1LF

16/13576/FUL N: 216290 Mr Steve Lewis for Change the use of Withdraw 14 July 2016 Delegated E: 321914 Sycamore Barn and the plot of land it Decision sits on from Offices B1 use to Dwelling House C3 use. (Full Application) at Sycamore Barn , Tyfry Farm , Hillside Llangattock NP8 1LH

16/13580/CON N: 209057 Merthyr Tydfil CBC for Request Permit 19 July 2016 Delegated E: 302466 extension to expiration date of the Decision current permission (15/12169/CON) be extended for a further period of two years (Variation/Renewal of Conditions) at Cefn Cemetery, High Street, Cefn Coed Merthyr Tydfil CF48 2PL

16/13581/DISC N: 226015 Mr Andrew Stallard for Discharge of Permit 4 July 2016 Delegated ON E: 311523 Condition 3 pursuant to Planning Decision Permission 08/01668/FUL (Approval of details reserved bycondition) at Barn Cottage, Pennorth, Brecon Powys LD3 7EX

Page 161

16/13583/FUL N: 223926 Mr Alan Powell for Retention of Permit 26 July 2016 Delegated E: 323581 conversion of former dairy and dog Decision kennel into annexe for additional ancillary living accommodation. (Full Application) at Cwm Farm, Llanbedr, Crickhowell Powys NP8 1SY

16/13584/DISC N: 231369 Mr Oxnard for Discharge Condition 3 Permit 15 July 2016 Delegated ON E: 314524 pursuant to Planning Permission Decision 13/09808/FUL (Approval of details reserved bycondition) at Cefn-y-gaer, Trefecca, Brecon Powys LD3 0EB

16/13585/FUL N: 216276 Mr & Mrs John Glyn and Susan McAdam Permit 12 July 2016 Delegated E: 323994 for Insertion of metal liner within Decision existing chimney flue and installation of cowl which projects above the roof line. (Full Application) at White Hall , Glangrwyney, Crickhowell NP8 1EW

16/13586/LBC N: 216276 Mr & Mrs John Glyn and Susan McAdam Withdraw 1 August 2016 Delegated E: 323994 for Insertion of metal liner within Decision existing chimney flue and installation of cowl which projects above the roof line. (Listed Building Consent) at White Hall, Glangrwyney, Crickhowell NP8 1EW

16/13587/FUL N: 242502 Mr Andrew Cleal for Demolition of Withdraw 28 June 2016 Delegated E: 323090 single storey glazed timber conservatory Decision and construction of 2 storey extension to rear of property (Full Application) at 11 Heol Y Dwr, Hay-On-Wye, Hereford HR3 5AZ

16/13588/CAC N: 242502 Mr Andrew Cleal for Demolition of Withdraw 28 June 2016 Delegated E: 323090 single storey glazed timber conservatory Decision at rear of property. Construction of 2 storey extension to rear of property. (Conservation Area Consent) at 11 Heol Y Dwr, Hay-On- Wye, Hereford HR3 5AZ

16/13590/DISC N: 221141 Mr Emrys Jones for Discharge Condition Permit 17 June 2016 Delegated ON E: 265544 3 pursuant to Planning Permission Decision 16/13247/FUL (Approval of details reserved bycondition) at Llwynbedw, Ffairfach, Llandeilo Carmarthenshire SA19 6TF

16/13593/FUL N: 233717 Mr Simon Ward for Erection of 2, Refuse 21 July 2016 Delegated E: 315659 single-storey holiday chalets with Decision mezzanine accommodation. (Full Application) at Land opposite Hendre , The Bank, Talgarth LD3 0BN

Page 162 Reason/s for refusal: The proposals fails to demonstrate that the development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of ecology and biodiversity assets both within and beyond the application site, in accordance with Policies SP3 and 6 of the Brecon Beacons National Park Authority Local Development Plan. The proposals fails to demonstrate that the development does not have an unacceptable impact on the trees on the site, contrary to the requirements of Polices SP3 and 8 of the Brecon Beacons National Park Authority Local Development Plan. The proposed chalets, by virtue of their scale and design, are considered to be unsympathetic to the architecture that contributes to the character of the Talgarth Conservation Area and will represent an incongruous addition to the surroundings which would be detrimental to the setting of the nearby listed building (Crescent Cottage). The proposal is therefore considered contrary to Policy 17 and 19 of the Brecon Beacons National Park Authority Local Development Plan. The proposal fails to demonstrate that the development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of the archaeological features of the site. The proposal therefore is considered contrary to Policy SP3 of the Brecon Beacons National Park Authority Local Development Plan.

16/13603/CAD N: 212301 Mintblue Properties Ltd for Residental Permit 25 July 2016 Delegated E: 319879 with no affordable housing (Certificate Decision of Alt. Dev) at Land At The Former Emag Factory, Brynmawr,

16/13594/FUL N: 220002 Mr Brynmor Brooks-Lewis for Two Permit 22 July 2016 Delegated E: 315236 storey side extension and alterations to Decision form an additional bedroom and living space (Full Application) at Forge Cottage , Forge Road, Llangynidr Crickhowell NP8 1LU

16/13597/FUL N: 218110 Ms Jane Lee for New rear emergency Permit 4 August 2016 Delegated E: 321904 access steps to rear of Old Drill Hall to Decision replace existing landing. (Full Application) at Old Drill Hall , Castle Road, Crickhowell NP8 1AP

16/13598/CAC N: 218110 Ms Jane Lee for New rear emergency Planning 1 July 2016 Delegated E: 321904 access steps to rear of Old Drill Hall to Permission Decision replace existing landing. (Conservation Not Area Consent) at Old Drill Hall , Castle Required Road, Crickhowell NP8 1AP

16/13599/CPE N: 224708 Mr James Scrivens for Various Permit 21 July 2016 Delegated E: 270081 structures supporting the lawful use of Decision the land: 1-Mushroom Processing Unit orientation and siting plus two small additions (6m2 shelter for a biodiesel production unit and a 7m2 porch with boiler enclosure); 2-A-framed Cabin; 3- Compost Toilet; 4-Battery Shed; 5- Generator Shed. (Certificate Existing Lawful Use/Dev) at Red Pig Farm , Llangadog, SA19 9DR

16/13600/DISC N: 222215 Mrs Rachel Chapel for Discharge Permit 15 July 2016 Delegated ON E: 289742 Condition 7 pursuant to Planning Decision Permission 14/11127/FUL. High head micro hydro scheme (Approval of details

Page 163 reserved bycondition) at Cnewr Estate Ltd , Sennybridge, Powys Brecon LD3 8SP

16/13602/ADV N: 228738 Mr & Mrs Fahy for Wall mounted board Permit 3 August 2016 Delegated E: 304404 at door head height advertising B&B Decision sized 600 x 900mm on side elevation (Market Street) and sized 450 x 600mm on the front elevation (Castle Street). The signs will be a timber backing board with painted timber molded surround (Application to Display Adverts) at 18 Castle Street, Brecon, LD3 9BU

16/13608/TRCA N: 228185 Matthew Corran for Reduce 2 Cypruss Permit 11 July 2016 Delegated E: 304944 Trees by approximately 1/3 (Work to Decision trees in con area) at 86 Watton, Brecon, Powys LD3 7EN

16/13612/DISC N: 221808 Mrs Rachel Chapel for Discharge of Permit 15 July 2016 Delegated ON E: 289426 Condition 5 pursuant to Planning Decision Permission 14/10606/FUL for high head hydro scheme (Approval of details reserved bycondition) at Cnewr Estate Ltd , Sennybridge, Powys Brecon LD3 8SP

16/13613/MINOR N: 217234 Mr Tim Jones for Amendment to change Permit 30 June 2016 Delegated E: 320600 the material of the conservatory from Decision white PVC to Green Powder Coated Aluminium and an additional door in the conservatory pursuant to Planning permission P21381 (Non-Material Changes (Minor Amendments)) at Wharf Cottage, Llangattock, Crickhowell Powys NP8 1LD

16/13614/DISC N: 216915 Mr Bob Stratford for Discharge Permit 4 July 2016 Delegated ON E: 264975 condition 6 regarding biodiversity Decision enhancement and management plan pursuant to planning permission 14/11703/FUL (Approval of details reserved bycondition) at Coel Bren , Llandyfan, Ammanford SA18 2TY

16/13617/DISC N: 219781 Mr & Mrs Anthony Geffen for Discharge Permit 11 July 2016 Delegated ON E: 323943 conditions 3, 5, 6 and 8 pursuant to Decision planning permission 15/12826/FUL (Approval of details reserved by condition) at Moor Park , Llanbedr, Crickhowell NP8 1SS

16/13620/FUL N: 216142 Mr Glyn Holland for Erection of a steel Permit 18 July 2016 Delegated E: 321742 framed agricultural building for the Decision purpose of hay /straw barn and seasonal

Page 164 lambing shed (Full Application) at Penllangwillym , Hillside, Llangattock NP8 1LH

16/13624/MINOR N: 219983 Mr Mark Holder for Minor Amendment Permit 17 June 2016 Delegated E: 332274 to application number 14/10978/FUL - Decision First floor extension above existing double garage (Non-Material Changes (Minor Amendments)) at Golwg-Y-Bryn, Crossways, Llanvihangel Crucorney Monmouthshire NP7 8DH

16/13629/MINOR N: 212982 Mr Morris Basil Stephens for Minor Split 4 July 2016 Delegated E: 278707 amendment to application number Decision Decision 16/13089/FUL remove brick chimneys Minor and replace with metal flues, re-position sun-lounge (Non-Material Changes (Minor Amendments)) at Ti'r Morgan Teilwr, Palleg, Lower Cwmtwrch Swansea SA9 2QL

16/13630/DISC N: 218113 Clare Price for Discharge Conditions 3, Split 2 August 2016 Delegated ON E: 322145 4, 11, 12, 13, 14, 15, 19, 23, 24, 25, 50 Decision Decision and 54 pursuant to planning Permission Discharge 15/11904/FUL (Conditions 19,24,54 is Conditions Approved, Condition 3 is Partial Approved and Conditions 4,11,12,13,14,15,23,25,50 is NOT Approved) (Approval of details reserved bycondition) at Land off Llangenny Lane, Crickhowell, Powys NP8 1AN

16/13631/DISC N: 227574 Mr & Mrs M. Evans for Discharge Permit 15 July 2016 Delegated ON E: 313602 Conditions 4,5 and 8 pursuant to Decision planning permission 15/12333/FUL - Two storey side extension and demolition of an existing detached single storey garage. (Full Application) (Approval of details reserved bycondition) at Safaddan , Llangorse, Brecon LD3 7UD

16/13652/MINOR N: 212892 Mr & Mrs J Retallick for Minor Permit 18 July 2016 Delegated E: 325978 amendment to application Decision 13/09529/FUL. Proposed barn conversion to one dwelling (resubmission) (Non-Material Changes (Minor Amendments)) at Cwm Lane Barn, Cwm Lane, Govilon Monmouthshire NP7 9RY

16/13640/FUL N: 215549 Ms Joanna Holland for Demolish Permit 1 August 2016 Delegated E: 321915 substandard kitchen/conservatory and Decision

Page 165 replace with rear extension (Full Application) at Penlan Gwilyn, Llangattock Hillside, Llangattock Powys NP8 1LH

16/13642/DISC N: 221586 Mr Stuart Price for Discharge of Permit 13 July 2016 Delegated ON E: 293965 condition 4 pursuant to planning Decision permission 14/11111/FUL (Approval of details reserved bycondition) at Blaensenni , Sennybridge, Brecon LD3 8SU

16/13645/FUL N: 217630 Mr Leslie Beckett for Demolition of Withdraw 2 August 2016 Delegated E: 320979 existing sub-standard conservatory and Decision part of existing outbuilding. Proposed single storey extension for garden room and porch (Full Application) at Mousetrap Cottage, Hillside Road, Llangattock Crickhowell Powys NP8 1HU

16/13654/FUL N: 223295 Ms Judy Roberts for Reconstruction and Permit 5 August 2016 Delegated E: 333431 structural repairs to roof incorporating Decision new bat loft area. Reinstatement of missing first floor section and structural repairs to existing first floor structure. Conversion of first floor areas to provide additional ancillary residential accommodation accessed from main house (Full Application) at Trewyn Mill, Pandy, Monmouthshire NP7 7PG

16/13764/TELN N: 219991 BT PLC for Installation of 1x DSLAM TEL 21 June 2016 Delegated OT E: 319419 equipment cabinet (Telecommunications Permitted Decision Notifications) at A40 Opp Knights Mill, Developm Brecon Road, Crickhowell NP8 1SH ent

16/13651/TEL N: 228743 C/O Agent for Installation of 0.6m dish, TEL 13 July 2016 Delegated E: 305438 support bracket and ancillary Permitted Decision development thereto. Developm (Telecommunications Applications) at ent Arqiva Transmitting Station , Cerrigcochion Road, Brecon LD3 7FB

16/13655/FUL N: 237662 Mr & Mrs Nigel & Liz Greenow for Withdraw 2 August 2016 Delegated E: 319809 Alterations,refurbishment & extension Decision to existing dwelling to provide 3- bedrooms (Full Application) at Pentrecoch , Tre-Goyd, Brecon LD3 0SP

16/13657/MINOR N: 220709 Mr David Brian James for a) modifying Permit 5 July 2016 Delegated E: 332687 the type of timber cladding from Decision horizontal panels to vertical oak slats,

Page 166 similar to the timber facades, which have recently been successfully installed in other new dwellings within the national park. b) Extending this type of cladding to the tower elevations of plots 6 _ 8, together with small additional areas, as shown on the attached plans. Amendments to 11/07040/OUT and 14/11082/REM (Non-Material Changes (Minor Amendments)) at Field Adjacent To Twr Mihangel, Llanfihangel Crucorney, Abergavenny Monmouthshire NP7 8DH

16/13662/DISC N: 224962 Ms Catherine Etchell for Discharge of Permit 11 July 2016 Delegated ON E: 297543 Conditions 3 and 5 pursuant to Planning Decision Permission 16/13188/FUL (Approval of details reserved bycondition) at Parc Beddw, Libanus, Brecon Powys LD3 8NN

16/13663/MINOR N: 213540 Mr And Mrs Clarke for Minor Permit 22 July 2016 Delegated E: 323819 Amendment to application Decision 15/13017/FUL - Construction of new residential annex to the existing house. (Non-Material Changes (Minor Amendments)) at Dan Y Lan Farm, Twyn-Wenallt, Gilwern Monmouthshire NP7 0HP

16/13676/CPE N: 216195 Mr Stephen Terry for Continued Permit 27 June 2016 Delegated E: 323473 residential use of dwelling in breach of Decision agricultural occupancy restriction as at condition 2 of Planning Permission case no K6377 (Certificate Existing Lawful Use/Dev) at Ger-Y-Mynydd, Crickhowell, Powys NP8 1EE

16/13678/FUL N: 223908 Mr Ken Smith for Creating an area of Withdraw 5 August 2016 Delegated E: 310631 hardstanding for private parking on Decision adjacent land to existing dwelling (Full Application) at Land Adjacent To Forge Cottage, Cross Oak, Talybont On Usk Brecon Powys LD3 7YJ

16/13683/DISC N: 218124 Mrs Susan Morgan for To discharge Permit 28 June 2016 Delegated ON E: 334041 condition 5 pursuant to planning Decision permission 16/13419/FUL (Approval of details reserved bycondition) at The West, Wern-Y-Cwm Road, Llandewi Skirrid Monmouthshire NP7 8AW

16/13687/FUL N: 222870 Mr Vivian Swaffer for Timber Double Permit 28 July 2016 Delegated E: 265286 stable with tack room and feed storage Decision (Full Application) at Banc Farm,

Page 167 Ffairfach, Llandeilo Carmarthenshire SA19 6YU

16/13702/DISC N: 218514 Mrs J Charlton for Discharge Condition Permit 13 July 2016 Delegated ON E: 321262 4 pursuant to Planning Application Decision 15/12075/FUL - Wooden bridge and adjacent footpath. Bridge to cross Cwmbeth Brook, a small stream to allow disabled access from Bull Pit meadow into Ty'r Ash meadow (Approval of details reserved bycondition) at Ty'r Ash Meadow, Crickhowell, Powys NP8 1AU

16/13714/FUL N: 228940 Mr Simon Holland (MCICS) for Essential Planning 29 June 2016 Delegated E: 304441 repairs to the fabric of the Deanery at Permission Decision Brecon Cathedral. This includes "Dry Not rot remediation", "Dealing witht the Required dampness", "Repairs to the stone tile roof-coverings", "Lime mortar pointing, structural repairs to masonry and timber sections", "Repairs and replacement of oak windows as necessary", Lime plastering", "Reinstating services and finishes" (Full Application) at Diocesan Centre, The Deanery, Priory Hill Brecon Powys LD3 9DP

16/13718/MINOR N: 219884 Mr Damian Dwyer for Minor Permit 5 July 2016 Delegated E: 315112 amendment to application Decision 15/12349/FUL. Hack off existing hollow, cracked and defective rendering to all house and garage external walls. Rerender in accordance with enclosed specification. (Non-Material Changes (Minor Amendments)) at 9 Derwen Fawr, Erw Bant, Llangynidr Crickhowell Powys NP8 1LX

16/13724/DISC N: 228624 Mr Mahmood for Discharge Conditions Split 28 July 2016 Delegated ON E: 304442 3, 4, 5, 6, 7, 8, 9 and 10 pursuant to Decision Decision Planning Permission 13/09860/LBC and Discharge Discharge Conditions 3, 4, 5, 13 Conditions pursuant to Planning Permission 13/09861/FUL. (Conditions 3, 4, 5, 6, 8 and 9 Discharged, 10 partially Discharged, 7 Not Discharged) (Approval of details reserved bycondition) at 30 High Street Superior, Brecon, LD3 7AN

16/13736/DISC N: 220692 Mr Kevan Ellaway for Discharge Permit 2 August 2016 Delegated ON E: 332619 Conditions 4 pursuant to Planning Decision Permission Rear 16/13402/FUL - extension and new porch (Approval of

Page 168 details reserved bycondition) at Maerdy Villa, Llanvihangel Crucorney, Monmouthshire NP7 8DH

16/13744/DISC N: 213941 Mr Garry Hill for Discharge Condition 5 Permit 2 August 2016 Delegated ON E: 323113 pursuant to Planning Application Decision 16/13377/FUL (Resubmission for the part demolition of existing garage, erection of new double garage, creation of vehicle access and driveway, and installation of a retaining wall) (Approval of details reserved by condition) at Bethlehem Manse, Maesygwartha Road, Maesygwartha Monmouthshire NP7 0EY

16/13756/DISC N: 216600 Mr Alex Austin for Discharge Permit 5 August 2016 Delegated ON E: 330568 Conditions 5 and 6 pursuant to Planning Decision Permission 16/13456/FUL (Approval of details reserved bycondition) at Plas Y Ffynnon, Great House Lane, Triley Llantilio Pertholey Monmouthshire NP7 6NY

16/13816/CAC N: 242514 Mr Andrew Cleal for Demolition of Planning 3 August 2016 Delegated E: 323079 single storey glazed timber conservatory Permission Decision at rear of property. Construction of 2 Not Storey Extension to rear of property, Required Replace existing PVC windows to front elevation with Hardwood windows and frame. (Conservation Area Consent) at 11 Heol Y Dwr, Hay-On-Wye, Hereford Powys HR3 5AZ

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AGRICULTURAL NOTIFICATIONS DELEGATED TO THE NATIONAL PARK OFFICERS

App No. Grid Ref. Applicant, proposal, type, address Decision Date Issued

16/13666/AGR N: 216080 Mr Iwan Parry for The proposed AGR 12 July 2016 E: 291960 upgrade to the existing tracks is Permitted necessary to enable timber harvesting to Developm be undertaken with minimal effects on ent the environment. (Agricultural Notification) at Fan Nedd , Fforest Fawr, Sennybridge

16/13693/AGR N: 220656 Glanusk No. 2 Settlement for Creation AGR 7 July 2016 E: 318386 of a track required to allow access to Planning control woody vegetation establishing Permission above the wall constructed as part of Required the A40 (Agricultural Notification) at Myarth Woodland, Glanusk Estate, Powys

16/13716/AGR N: 206975 Mr Ieuan Williams for Maintenance of AGR 18 July 2016 E: 328704 forest roads in Welsh Government Permitted Woodland Estate (Agricultural Developm Notification) at Craig Yr Allt , Nr. ent Blaenavon,

16/13717/AGR N: 223190 Mr Ieuan Williams for Yes for Forestry. AGR 25 July 2016 E: 294890 The new forest road coloured red and Permitted white (320m) and the existing forest Developm road (1,750m) and turnarounds ent coloured red are required for the extraction of timber. (Agricultural Notification) at Blaen Brynych , Nr. Defynnog.

Page 171 This page is intentionally left blank ENC8Item 3

FRINGE APPLICATIONS DELEGATED TO THE NATIONAL PARK OFFICERS

App No. Grid Ref. Applicant, proposal, type, address Decision Date Issued

16/13573/FRI N: 203358 Blaenau Gwent County Borough Fringe 17 June 2016 E: 323394 Council for Installation Of Two 250Kw Comments Wind Turbines (Fringe Consultation) at Coed Y Gilfach Farm, Six Bells, Abertillery, Gwent.

The Environment Act (1995) Sections 61 and 62 of the Environment Act (1995) sets out the statutory purposes of the National Park as follows:- o To conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park; and o To promote opportunities for the public understanding and enjoyment of the special qualities of the National Park

In accordance with section 62(2) of the Environment Act, any relevant Authority shall have regard to National Park purposes when performing any functions in relation to, or so as to affect, land in a National Park. Relevant Authorities include public bodies, government departments, local authorities and statutory undertakers.

Policy Context Planning Policy Wales (Edition 8) January 2016 (PPW) acknowledges the statutory purposes of National Parks and reinforces the "Sandford Principle", whereby if there is a conflict between the statutory purposes, greater weight shall be given to the first purpose of conserving and enhancing the natural environment. In particular, PPW states that National Parks "must be afforded the highest status of protection from inappropriate developments" (paragraph 5.3.6) and that issues are not confined by administrative boundaries and that the duty to have regard to National Park purposes applies to activities affecting these areas, whether those activities lie within or outside the designated area (paragraph 5.3.7).

The Brecon Beacons National Park Management Plan (2010) defines the special qualities of the National Park as: o Peace and tranquility - opportunities for quiet enjoyment, inspiration, relaxation and spiritual renewal. o Vitality and healthfulness - enjoying the Park's fresh air, clean water, rural setting, open land and locally produced foods. o Sense of place and cultural identity - "Welshness" o Sense of discovery o Sweeping grandeur and outstanding natural beauty o Contrasting patterns, colours, and textures o Diversity of wildlife and richness of semi-natural habitats o Rugged, remote and challenging landscapes. o Enjoyable and accessible countryside o Intimate sense of community

The development plan for the area is the Brecon Beacons National Park Authority Local Development Plan 2007-2022 (LDP). Section 3.1.3 of the LDP sets out that whilst the National Park is a landscape designation there are instances where strict application of the boundary in making decisions is not appropriate. As previously set out section 62 (2) of the Environment Act (1995) places a duty on LDPs to have regard to the National Park purposes in making planning decisions which may impact on the National Park. The Authority will use LDP policy SP1 in commenting on proposals that impact on the National Park. Policy SP1 sets out the following:-

Development in the National Park will be required to comply with the purposes and statutory duty set out in legislation, and will be permitted where it: a) Conserves and enhances the natural beauty, wildlife and cultural heritage of the Park; and/or

Page 173 b) Provides for, or supports, the understanding and enjoyment of the special qualities of the National Park in a way that does not harm those special qualities; and c) Fulfils the two purposes above and assists the economic and social well-being of local communities.

Proposed Development

Erection of two 45 m high turbines.

Impact on the Proposed Development and on the National Park

For the National Park Authority (NPA) the principal consideration is the impact of the development on the special qualities of the National Park.

The proposed development will be sited more than 5 km west from the southern tip of the National Park boundary. Given the distance involved and that the proposed turbines will be, for the most part, obscured the Bryngwm mountain, it is considered that the proposed development would not represent a significant detrimental impact on the special qualities of the National Park.

The NPA request to be consulted should any revised plans or additional information be received either during the processing of this planning application or in the event of approval.

I trust the above information is clear, if you have any further queries in relation to these matters please do not hesitate to get in touch.

16/13644/FRI N: 206176 Rhondda Cynon Taf County Borough Fringe 18 July 2016 E: 293167 Council for Gas fuelled power plant Comments which may include an element of energy storage to be located on land within the Hirwaun Industrial Estate (Fringe Consultation) at Unit 0 Hirwaun House (Walters Group), Hirwaun Industrial Estate, Hirwaun CF44 9UL

The proposal is for a small scale electricity generation and storage facility on the existing Hirwaun industrial estate. The proposal seeks to co-locate energy generating and storage infrastructure on the estate which already hosts a range of existing or permitted power infrastructure. The proposal would provide back-up power generation to assist the National Grid to cope with peaks and troughs in the demand/supply cycle that are typical of renewable power sources and form part of ensuring resilience in supply as traditional coal and oil fired power stations are phased out.

The application site is located outside the designated strategic site (Policy C36) employment site of the RCT LDP. However, the Hirwaun Industrial Estate is allocated for a range of waste management options. The proposed development occupies a small area of land with the Industrial Estate and within the curtilage of an existing business on a brownfield site.

The proposed development would be compatible with the surrounding uses within the Hirwaun Industrial Estate and is considered to be a sustainable form of development providing back up electricity generation. The air quality assessment has concluded that the development would not negatively impact or harm nearby ecological receptors of the Hirwaun Industrial Estate SUNC or nature conservation sites further afield.

There appears to be no landscape and visual assessment of the proposed development submitted to accompany the application. Nevertheless, in view of the location, within the brownfield on an existing business within the Hirwaun Industrial Estate and the limited extent of the scale and height of the development the National Park Authority has no significant concerns with the potential landscape and visual impacts on the National Park from the proposed development which would impact on the special qualities of the National Park.

Page 174 The National Park Authority therefore raises no objection to the application. However, it is requested that a suite of conditions are imposed to ensure that the development is adequately controlled. In particular, the colour and restoration of the site following cessation of use.

16/13633/FRI N: 191855 Caerphilly County Borough Council for Fringe 20 June 2016 E: 311027 Single wind turbine of up to 77m tip Comments height and associated infrastructure (Fringe Consultation) at Land At Graig- yr-Hufen Road., Senghenydd, Caerphilly

The submitted Landscape and Visual Impact Assessment (LVIA) states the following in respect to impact on the Brecon Beacons National Park:

“The Brecon Beacons National Park 6.3.14 The closest point of the National Park to the Aber Valley Community Wind Turbine is some 18km to the north, well outside the 8km sturdy area. Although the Beacons are visible on the distant horizon from high points within the sturdy area, it is not anticipated that there would be any effect at all upon the National Park or its special qualities protected by policy.”

The National Park Authority largely accepts the view put forward in the LVIA. Any harm to the special interest of the National Park is considered to be effectively mitigated due to the distance to the boundary and the scale and nature of this proposal. It is not considered that the proposal will have an unacceptable impact on the National Park Authority and we therefore offer NO OBJECTIONS to the proposed development.

Page 175 This page is intentionally left blank Planning Obligations 2nd August 2016

Key: AH – Affordable Housing BIO – Biodiversity COF – Community Facility EDU – Education HER – Heritage HIW – Highways/Transport AF – Affordable Housing Contributions OTH – Other REC – Recreation/Open Space/Footpath RED – Rural Enterprise Dwelling/Land Tie

With other party/parties With the Authority / Authority’s external solicitors Current Application Applicant/ Site/ Development/ Planning Committee Date Status Number Developer Location Proposal Obligations Date Completed Residential development comprising 13/10186/FUL Wyro Developments Limited Land off High Street, Talgarth, Powys, LD3 of 8 no. dwellings with associated AH, HIW, EDU 21/10/2014  0PG gardens and car parking Alterations, extension and subdivision

of the West End Fish Bar (22 Orchard West End Fish Bar. 22 Orchard Street, 13/09649/FUL Mr Murat Ongun Street) to form one Class A3 unit and AH 29/07/2014  Llanfaes, Brecon two units of residential

accommodation Residential Development (Outline with

Page 177 Page Access, Layout and Scale) (Appearance 13/10289/OUT Mr Dai Hawkins Ty Clyd Close, Govilion AH,EDU,REC 21/10/2014  and Landscaping reserved for

subsequent approval) Removal/Demolition of a stable building and construction of 3 No. affordable housing units as an 13/09974/OUT Mr John Thomas Ty Mawr, Llangorse exception site and 2 No. open market AH 10/12/2013  dwellings within the settlement boundary on unused land at Ty Mawr, Llangorse Land opposite The Meadows, Gypsy Castle Development of 80 residential units Persimmon Homes AH, REC  12/12443/FUL Lane, Hay-on-Wye and associated works ENC8Item 4 Re-development of the former army camp at Cwrt y Gollen for mixed use development comprising residential 12/0875/OUT AH, REC, BIO, Crickhowell Estates Cwrt y Gollen Army Camp, Crcikhowell development, employment, a pre- 09/09/2014  HER, school day nursery, open space and community provision and associated infrastructure works Residential development with access 15/12223/OUT Mr Edward Lewis Land adjacent to Noddfa Cray for consideration, all other matters AH N/A (Delegated) 

reserved

Page 1 of 2 Current Application Applicant/ Site/ Development/ Planning Committee Date Status Number Developer Location Proposal Obligations Date Completed Demolition of existing house and

construction of replacement house 15/13044/FUL Camlea Limited Cellwig Court, Llanwenarth, Abergavenny OTH 01/03/2016  with associated access and

landscaping works

15/11904/FUL Mr Richard Kelso Llangenny Lane, Crickhowell Development of 27 dwellings, new AH, REC, EDU 01/03/2016 25/05/2016 COMPLETED access, open space and ancillary works

Erection of 17 dwellings and garages Chestnuts and Cedars Home, Hillside 15/12262/OUT Mr Chris Morton including 4 affordable dwellings and AH 12/04/2015  Road, Llangattock, Crickhowell related works, landscaping and infrastructure Conversion of the existing garage to a Autumn View, Lower Common Barn, 16/13183/FUL Mr Pompio Casa residential annexe for the existing OTH N/A (Delegated)  Gilwern, dwelling ‘Autumn View’ Proposed change of use of former

Page 178 Page craft workshop and first floor 16/13153/FUL Emma Harrison and Peter Harrison The Star Bunkhouse, Bwlch, Brecon extension to form annex residential OTH N/A (Delegated)  accommodation to the Star Bunkhouse Variation of condition 1 of planning Former Gas Chamber, Cwrt-y-Gollen, permission 09/02985/FUL to allow for  15/12972/CON Mr Michael Rees – LRM Planning OTH N/A (Delegated) Crickhowell an additional 5 years to commence  development Change of Use from a chapel to a 16/13164/FUL Mr and Mrs Edwards Trinity Chapel, Defynnog, Brecon AH N/A (Delegated)  dwelling Removal of a condition to tie two properties together and bringing the 16/13310/CON Mr and Mrs Buck Box Tree Cottage, Cwmyoy holiday accommodation occupancy OTH N/A (Delegated) 24th June 2016 COMPLETED restriction in line with the current development plan position 15/11949/FUL Mrs Jane Randall (Richard Randall) Site At Captain’s Walk, Brecon Erection of new build house AH N/A (Delegated)  Demolition of existing modern single storey extensions and change of use and conversion of existing building to Triley Court Nursing Home, Old Hereford form 6 dwellings. Erection of a single  16/13266/FUL Brownfield Green (Triley) Limited AH/OTH 24/05/2016 Road, Pantygelli storey extension to create one new  dwelling. Change of use of existing staff cottages to form 3 dwellings and associated landscaping works

Page 2 of 2 Affordable Housing Commuted Sums Monitoring (as of 04.08.2016)

Application SM Amount detailed Date Received Date Allocated number Date Permission granted Proposal area Settlement in S106 13/10295/FUL Permitted 07.10.2014 Construction of 92 dwellings, Cae Meldon A,C&H Gilwern £175,200.60 13/09841/FUL Permitted 27.10.2015 Construction of one dwelling at Ael Y Bryn B&R Bwlch £15,056.80 13/10278/OUT Permitted 09.12.2014 New dwelling, Tyr Berllan A,C&H Crickhowell £31,163.40 13/10285/FUL Permitted 30.09.2014 Erection of 1 dwelling - Roayl Oak, Pencelli B&R Llangors £16,251.60 Minded to permit S106 13/10289/OUT 21.10.14 Multiple Housing Development - Ty Clyd Close A,C&H Govilon £5,045.84 Minded to permit S106 14/11036/FUL 1.12.14 The studio, Upper House Farm A,C&H Crickhowell £5000** 14/11337/FUL Permitted 01.02.2016 Canal Bank Gardens, Brecon B&R Brecon £24,151.20 14/11607/FUL Permitted 12.06.2016 Single Dwelling, 19 Fairhome, Gilwern A,C&H Gilwern £24,377.40 14/11655/FUL Permitted 07.04.2015 Dan Y Castell, Crickhowell A,C&H Crickhowell £2,000 Minded to permit S106 15/11949/FUL 9.11.2015 Captain's Walk, Brecon B&R Brecon £17,144.80 Minded to permit S106 15/12528/FUL 25.09.15 2 Dwellings to the rear Bronant B&R Talgarth £15,000* 15/12509/FUL Permitted 18.03.2016 1 dwelling, Green Meadows B&R Brecon £19,105.20

Page 179 Page 16/13164/FUL Minded to permit 22.03.2016 Change of use of chapel to dwelling B&R Maescar £20,450.80 15/13000/FUL Permitted 26.05.2016 1 dwelling, Peppercorn Lane B&R Brecon £2,465.53 16/13189/FUL Minded to permit 12.04.2016 Divide House into 2 flats A,C&H Hay £17,730.00* Minded to permit S106 16/13266/FUL 25.4.16 Conversion Triley Court Nursing Home A,C&H Abergavenny £25,000 14/11593/CON Permitted 11.03.2015 Variation of Planning obligation to 11/06647/FUL A,C&H Llangynidr £89,262 01.04.2016

£504,405.17 £89,262 Total £374,779.24 Total Abergavenny, Crickhowell and Hay Sub Market area

£129,625.93 ENC8Item 5 Total Brecon and Rural Hinterland and Sub Market area £0 Total Heads of the Valleys and Rural South area £274,781.33 Total Powys £0 Total Carms £229,623.84 Total Mons *Final figures are under negotiation ** Reduction in contribution agreed following viability assessment The majority of affordable housing within the National Park is brought forward as houses on the ground rather than through commuted sums. Since the adoption of the LDP the National Park has negotiated 74 Affordable Dwellings (27% of all dwellings permitted) to date. Page 180 Page ENC8Item 6

ENFORCEMENT FIGURES

Number Investigated Investigated Resolved in Resolved in of new in 84 days or in more than 180 days or more than cases fewer 84 days fewer 180 days received February 15 12 1 7 0 2016 March 2016 9 20 1 10 3

April 2016 11 14 0 5 2

May 2016 10 14 1 5 2

June 2016 13 23 4 19 12

July 2016 15 13 1 6 3

Current Cases

Current Cases (under Backlog Cases (over 180 Total Cases 180 days) days) February 37 86 123 2016 March 2016 34 74 108

April 2016 36 74 110

May 2016 23 69 92

June 2016 34 76 110

July 2016 36 71 107

Relevant Definitions

Investigated means that the authority has considered the alleged breach of planning control and advised the complainant of their investigation

Resolved means one of the following: a) A decision that, following investigation, no breach of planning control has occurred b) A decision that enforcement action is not expedient c) Planning permission is subsequently granted through an application or enforcement appeal d) An enforcement of breach or condition notice is complied with e) Direct action by the authority removes the breach of control

Page 181 This page is intentionally left blank Brecon Beacons National Park Authority ENC8Item 7

Internal Reporting: Planning Performance Figures From: 01 July 2016 To: 31 July 2016

Received Online Online% Decided OnHand 53 28 52.8 47 200

Approvals

Granted Refused %Approved 42 5 89

8 Week Performance

Under8Weeks Over8Weeks 8Wks% 45 2 96

Householder 8 Week Performance

Under8Weeks Over8Weeks 8Wks% 9 0 100

Agreed Extentions Performance

AEunder AEover AE% 2 0 100.0

Age of Applications

>8Wks >13Wks >16Wks >2Yrs 55 44 41 11

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PLANNING, ACCESS AND RIGHTS OF WAY COMMITTEE Development Control Related Matter for Noting

APPLICATION NUMBER: 15/13044/FUL APPLICANTS NAME(S): Camlea Ltd SITE ADDRESS: Celliwig Court

Llanwenarth

Abergavenny

NP7 7EY

GRID REF: E: 327434 N:215700 COMMUNITY: Llanfoist Fawr DATE VALIDATED: 17 December 2015 DECISION DUE DATE: 11 February 2016 CASE OFFICER: Mr Matthew Griffiths

PROPOSAL Demolition of existing house and construction of replacement house with associated access and landscaping works. ADDRESS Celliwig Court, Llanwenarth, Abergavenny

Purpose of report

The above application is for the demolition and construction of a replacement house with associated access works. This application was resolved to approve subject to planning conditions and a section 106 agreement at the 1 March 2016 Committee meeting. The intention of the section 106 agreement was to require the demolition and removal of the residential use prior to the use of the new dwelling. The applicant has indicated that they will agree to a section 106 agreement requiring the use of the existing dwelling to be abandoned prior to occupation of the new dwelling. The applicant however wishes for a condition to be imposed to require the operational development to demolish the dwelling rather than the inclusion of the requirement to demolish in the section 106 agreement. The use of a condition for the purposes of requiring the demolition works would be in compliance with Welsh Government Circular 16/2014 Planning Conditions and Welsh Office Circular 13/97 Planning Obligations. A condition requiring the removal of the use would not comply with the circular advice. There is therefore no particular objection to the use of a section 106 agreement to control the matter of the removal of the lawful use of this area of the site and the use of conditions to require the physical demolition works.

Page 185 The Authority has therefore agreed to the inclusion of the following additional condition:

“A scheme for the demolition of the existing dwelling on site, including a timescale to complete demolition shall be submitted to and approved in writing by the local planning authority prior to the commencement of development. The works shall be carried out in strict accordance with the approved scheme.”

Reason: to ensure that the existing dwelling is demolished and that only the replacement dwelling occupies the site, in compliance with Policy 26 Demolition and Replacement of Dwellings of the Brecon Beacons National Park Authority Local Development Plan (2013).

Page 186 Annex 1 – Schedule of conditions:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v1; NP3v1; NP4v1; NP5v1; NP6v1; NP7v1; NP8v1; NP9v1; NP10v1; NP12v1; NP13v1; NP14v1; NP15v1; NP16v1; NP17v1), unless otherwise agreed in writing by the Local Planning Authority. 3 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re- enacting or modifying that Order), no enlargement, improvement or other alteration to the dwelling or addition or alteration to its roof permitted by Classes A and B of Part 1 of the Second Schedule of the 1995 Order shall be carried out. 4 No development shall take place until samples of the materials to be used in the construction of the external surfaces of the building hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details. 5 Prior to the commencement of development the following shall be submitted to and approved in writing by the local planning authority: i. Details of all external joinery at a scale of 1:10 including eaves and verge details. ii. Samples of the colour scheme for the external walls and joinery Development shall be carried out in accordance with the details. 6 No development shall take place until a programme of buildings recording and analysis, equivalent to English Heritage Level 3 building survey, has been secured and implemented, in accordance with a brief issued by this Authority and Written Scheme of Investigation, which has been submitted and approved by the Local Planning Authority. The building recording must meet the standards laid down by the Chartered Institute for Archaeologists in their Standard and Guidance for the archaeological investigation and recording of standing buildings or structures. A copy of the resulting report should be submitted to the Local Planning Authority. After approval by the Local Planning Authority, a copy should also be sent to Clwyd Powys Archaeological Trust for inclusion in the regional Historic Environment Record. 7 The developer will ensure that a suitably qualified archaeological contractor is present during the undertaking of ground works in the development area, so that an archaeological watching brief can be maintained. The archaeological watching brief will be carried out in accordance with a brief issued by the local planning authority and a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority, which must meet the standards laid down by the Chartered Institute for Archaeologists in their Standard and Guidance for an Archaeological Watching Brief. The Local Planning Authority must be informed at least 2 weeks prior to the commencement of the development of the name of the archaeological contractor appointed to undertake the Watching Brief. A copy of the Watching Brief report shall be submitted to the Local Planning Authority for approval, and following approval to the Royal Commission on the Ancient and Historical Monuments of Wales for inclusion in the National Monument Record, and to Glamorgan Gwent Archaeological Trust for inclusion in the Regional Historic Environment Record (HER) within two months of the fieldwork being completed. 8 Prior to commencement of development works, a full working method statement shall be submitted to the Local Planning Authority and shall be implemented as approved. Construction

Page 187 measures and the method statement shall incorporate the recommendations in Section 4 of the ecological report dated 16 December 2015. The biodiversity mitigation and enhancement measures shall be undertaken and/or installed prior to first use of the development. Following the installation of the mitigation, a report prepared by a suitably qualified bat consultant confirming their adequate installation shall be submitted to the Local Planning Authority. 9 Prior to the commencement of the development, a habitat creation and management plan that shall include use of native species, shall be agreed with the Local Planning Authority and shall be implemented in the first planting season following implementation of the development. The plan shall include details of the planting specifications - the species, sizes and planting densities - and a timetable for implementation and future management to ensure good establishment. The plan shall also include full details of the enhancement of the roof void above the west wing to make is suitable for use by lesser horseshoe bats. 10 The results of two monitoring surveys in the summer of years 1 and 3 following substantial completion of the development shall be submitted to the Local Planning Authority within 2 months of their being undertaken. 11 The external lighting plans NP14v1 and NP15v1 shall be implemented as approved. No additional external lighting shall be installed at the site unless a revised lighting strategy is submitted to the Local Planning Authority and approved in writing. 12 The hedgerow and tree planting scheme and specification shall be implemented as submitted and maintained thereafter in accordance with plan NP17v1. 13 No development shall occur until the Local Planning Authority has been provided with a copy of a licence that has been issued to the applicant by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations (2010) authorising the specified activity or development to proceed, or where Natural Resources Wales has informed the applicant in writing that such a licence is not required. 14 The development hereby permitted shall not be commenced until such time as a scheme to dispose of foul and surface water drainage has been submitted to and approved in writing by the local planning authority. The scheme shall be implemented as approved. 15 Prior to the residential occupation of the property hereby given full planning permission, the site levels (including proposed ground levels, finished floor levels, eaves height and ridge height) shall be in accordance with approved plans NP8v1; NP9v1; NP12v1; and NP13v1, unless otherwise agreed in writing by the local planning authority. 16 No development shall take place until such time as a construction and demolition management plan has been submitted to, and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved plan. The plan shall identify i) areas on site, designated for the storage of heavy plant and equipment, including vehicles and car parking facilities for construction site operatives and visitors; ii) activities such as earth moving, onsite aggregate mixing, crushing, screening, piling etc., and onsite storage and transportation of raw material; iii) working practices to control fugitive emissions of dust and other materials arising from onsite activities e.g. wheel wash facilities; and iv) working practices for protecting the nearby residential dwellings, including measures to control noise and vibration arising from on site activities, such as piling, as set out in British Standard 5228 Part 1: 1997 - Noise and Vibration Control on Construction and Open Sites.

Page 188 v) A site environmental management plan with measures to be taken during the demolition and construction period to protect, watercourses, ground water, wildlife and habitats; vi) the timing and phasing of the above elements. 17 Construction and demolition, operations (including deliveries) shall be restricted to between the hours of 08.00 to 18.00 Monday to Friday and 08.00 to 13.00 on Saturday. There shall be no operation on Sunday or public holidays, except as agreed in writing with the Local Planning Authority.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 To ensure that the development remains of an appropriate scale and design to comply with Policy 26 of the Brecon Beacons Local Development Plan (Adopted December 2013). 4 To ensure that development is in character with the area in accordance with policy 1 of the Brecon Beacons Local Development Plan (Adopted December 2013). 5 To ensure that development is in character with the area in accordance with policy 1 of the Brecon Beacons Local Development Plan (Adopted December 2013). 6 To allow an adequate analytical record of the buildings to be made, before they are demolished, to ensure that the buildings origins, use and development are understood and the main features, character and state of preservation are recorded. 7 To ensure that any remains of archaeological significance disturbed in the course of the development are excavated, recorded and reported. 8 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 9 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 10 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 11 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 12 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006.

Page 189 13 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 14 To ensure that a suitable drainage system is in place and to protect controlled waters. 15 To ensure that the detail of the plans are acceptable. 16 In the interests of the amenity of the area and to protect the environment from pollution in accordance with Local Development Plan (2013) policy 1. 17 In the interests of the residential amenity of the area.

Page 190 ENC9Item 1 ENCLOSURE 9

SCHEDULE 12A LOCAL GOVERNMENT ACT 1972 EXEMPTION FROM DISCLOSURE OF DOCUMENTS

REPORTS: Enforcement matters determined by the Director of Planning and/or Planning & Heritage Manager pursuant to the Authority’s Scheme of Delegation.

AUTHORS: Enforcement Officers

MEETING AND DATE OF Planning, Access and Rights of Way Committee MEETING: 23rd August 2016

I have considered grounds for exemption of information contained in the report referred to above and make the following recommendation to the Proper Officer:-

Exemptions applying to the report:

 Information which is likely to reveal the identity of a particular person  Information relating to any action taken or to be taken in connection with the prevention, investigation, or prosecution of crime.

Factors in favour of disclosure:

 Facilitate the accountability and transparency of our decisions;

 Facilitate accountability and transparency in the spending of public money;

 Allow individuals to understand decisions made by the authority

Prejudice which would result if the information were disclosed:

 Disclose the identity of individuals prior to a decision being taken whether or not to take action – causing unnecessary concern to the individual and public opprobrium if proceedings are not pursued.  Prejudice potential judicial proceedings

Page 191 ENCLOSURE 9

My view on the public interest test is as follows:

I have considered the enforcement cases contained within the aforementioned reports to be presented to Planning, Access and Rights of way Committee on the 23rd August 2016 and have measured each case against the public interest test. For the reasons outlined above, I consider that the factors in favour of disclosure are outweighed by those against.

Recommended decision on exemption from disclosure:

For the reasons set out above, it is recommended that the information contained within these enforcement reports is exempt from disclosure.

Date: 5th August 2016

Signed:

Post: Principal Planning Officer

I accept the recommendation made above.

Proper Officer

Date: 5th August 2016

Page 192 By virtue of paragraph(s) 12, 13, 17, 18 of Part 1 of Schedule 12A of the Local Government Act 1972.

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SCHEDULE 12A LOCAL GOVERNMENT ACT 1972 EXEMPTION FROM DISCLOSURE OF DOCUMENTS

REPORTS: Enforcement report seeking authority to commence formal action CONFIDENTIAL

AUTHORS: Ms Clare Brooks - Enforcement Officer

MEETING AND DATE OF Planning, Access and Rights of Way Committee MEETING: 23rd August 2016

I have considered grounds for exemption of information contained in the report referred to above and make the following recommendation to the Proper Officer:-

Exemptions applying to the report:

Factors in favour of disclosure:

 Facilitate the accountability and transparency of our decisions;

 Facilitate accountability and transparency in the spending of public money;

 Allow individuals to understand decisions made by the authority

Prejudice which would result if the information were disclosed:

My view on the public interest test is as follows:

I have considered the enforcement case contained within the aforementioned report to be presented to PAROW on the 23rd August 2016 and have measured the case against the public interest test. For the reasons outlined above, I consider that the factors in favour of disclosure are outweighed by those against. Page 221 Recommended decision on exemption from disclosure:

For the reasons set out above, it is recommended that the information contained within the enforcement report is exempt from disclosure.

Date: 25 July 2016

Signed:

Post: Enforcement Officer

I accept the recommendation made above.

Proper Officer:

Date: 5 August 2016

Page 222 By virtue of paragraph(s) 12, 13, 17, 18 of Part 1 of Schedule 12A of the Local Government Act 1972.

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