ITEM NUMBER: 1

APPLICATION NUMBER: 11/06717/FUL APPLICANTS NAME(S): SITE ADDRESS: Land At Castle Farm LD3 8PS

GRID REF: E: 291930 N:228375 COMMUNITY: DATE VALIDATED: 25 April 2012 DECISION DUE DATE: 15 August 2012 CASE OFFICER: Mr Ryan Greaney

PROPOSAL Construction of garage block and laying out of residential gardens in association with reserved matters application under outline P20942.

ADDRESS Land At Castle Farm, Sennybridge, Brecon

CONSULTATIONS/COMMENTS Consultee Received Comments

Countryside Council 21st Jun 2011 The CCW has recently responded to a consultation For from the Welsh Government's (WG) with respect to their Environmental Impact Assessment (EIA) screening direction request on this application. The CCW indicated, in a letter of 13 June 2011, our view that an EIA is required for the proposed scheme. We wish to make observations on this proposal, but until such time as WG provide its direction it would be premature to comment on the proposal. We will therefore consider this matter further when we are in receipt of WG's direction. Environment Agency 2nd Aug 2011 In line with our advice regarding the associated Wales reserved matters application (ref: 11/06718/REM), we will not be commenting fully on this proposal until an Environmental Statement (ES) is received. This follows the Welsh Government's Screening Direction on 20 July 2011, in which they indicated that an Environmental Impact Assessment (EIA) will be required for the proposed development at this site. Maescar Community 8th Jul 2011 Supported, Alteration to boundary will hopefully Council leave the footpath Maescar Community 24th Jan 2013 Object Council NP Tree Consultant 1 25th Jul 2012 With regards to the amended Environmental Statement submitted in April, I have read through chapter 9: Ecology, and agree with the proposals in section 9.101 with regards to fencing off the woodland.

The proposed works will have little impact on the adjacent woodland, and should be fenced off along the extent of the canopy spread.

I therefore have no objections to the proposed works and recommend approval.

Powys County 31st May 2011 No Comment Council Building Regulations Powys County 9th Jun 2011 No Comments Council Highways Powys County 20th Jul 2011 No Comment Council Highways Powys County 30th Jan 2013 No Additional Comments to make Council Highways

CONTRIBUTORS Gwen Newton, Brynawel, Sennybridge Mrs B P V Pengelly, 1-2 Castell Du Cottage, Sennybridge Jennifer Davies, Milestone Cottage, Sennybridge I Cooper, Tawelfa, Sennybridge Mrs F Thomas, Ty Onnen, Sennybridge Mr J Powell, Min-Y-Ffordd, Sennybridge Mr D A Matthews, Caerlan, Sennybridge Mr And Mrs Goodman, Castell Lodge, Sennybridge Nigel Kenchington, Almora Villas, Sennybridge Gwen Newton Mr And Mrs Davies, Bronafon, Castle Farm Mrs Elizabeth Maclean, Sennybridge Village Residents Group, C/o Glan Wysc Mrs Elizabeth Maclean, Glan Wysc, Sennybridge Mr And Mrs Goodman, 1/2 Castle Lodge, Sennybridge Malcolm Hill, Dan Y Coed, Sennybridge D A Matthews, Caer-Lan, Sennybridge Jennifer Davies, Milestone Cottage, Sennybridge Isobel Cooper, Tawelfa, Castell Du Maria Williams, 2 Riverside View, High Street Margaret Clifford, Carn Y Castell, Sennybridge Mr Richard Camp, Nyth Y Wennol, Sennybridge Mr R P Thomas Mr And Mrs Pryce, 1 New Houses, High Street

RELEVANT POLICIES

G3: “Development in the National Park” (Unitary Development Plan 2007) G4: “Development Affecting Trees” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) LPG3: “Development in the National Park.” (Local Plan 1999) LPG7: “Design and energy conservation.” (Local Plan 1999)

PLANNING HISTORY App Ref Description Decision Date

11/06718/REM Reserved Matters Application to Pending Decision consider Access, Appearance, Landscaping, Layout and Scale (Outline application) under outline P20942.

OFFICER’S REPORT

Introduction

This application relates to land at Castle Farm, Sennybridge. The application is being heard by the Planning Access and Rights of Way Committee further to the request of the Chair of PAROW Councillor Evan Morgan.

Site Description

The application site forms a strip of land immediately to the west of the 11/06718/REM application site and was inexplicably omitted from the P20942 Outline application boundary.

Not unlike the Reserved Matters site to the east, the application site is relatively undulating and generally rises up from north to south. It is bounded to the north and west by an existing mature hedgerow and mature trees also abut the application site to the west.

Proposal

This application is to be read in conjunction with Reserved Matters Application 11/06718/REM. As referred to above, it comprises land that was omitted from the relevant Outline Application and it is proposed to utilise this land to provide garden areas for 11no. plots and a 4no. bay garage serving plots 35 and 36.

The garden areas will be enclosed by 1.8m high close boarded timber fencing and the proposed garage would be constructed using materials that are to be confirmed.

Site History

Outline Planning Permission (Ref: P20942) for residential development was granted on 19th May 2008.

Policy Context

Following statutory adoption of the Brecon Beacons National Park Local Plan 1999 (Local Plan), work on the Brecon Beacons National Park Unitary Development Plan (UDP) commenced in 2000. The UDP was subject to all the statutory consultations and procedures associated with the preparation of development plans, including a local inquiry and an Inspector's report.

The Brecon Beacons National Park as the Local Planning Authority received a direction from the Welsh Assembly Government under Section 17(1) of the Town and Country Planning Act 1990 (as amended) in relation to the safeguarding of sand and gravel in the National Park. The Authority resolved not to comply with the WAG direction to modify the UDP as it was not considered that the quality of the resource had been adequately established or that the environmental constraints relating to the sites had been sufficiently considered. The UDP was subsequently approved by the Authority for development control purposes in March 2007 and sets out the policies and proposals to guide development in this area from 2001 to 2016 and beyond. As a point of clarification, the direction from the WAG relates solely to sand and gravel issues and does not relate to any matters raised in this application.

Whilst the adopted Local Plan and its associated Structure Plans remain the formal statutory policy framework for the area, the UDP provides a more up-to-date and relevant planning framework in line with current National Planning Policy. Planning Policy Wales advises that the weight to be attached to emerging plans will increase as successive stages are reached.

The Brecon Beacons National Park Authority Local Development Plan (LDP) is currently undergoing Examination but has not been adopted to date. Legal Advice is that whilst the emerging LDP is now material, little weight can be given to it in planning decision making at this stage.

For these reasons, the Authority has determined to afford greater weight to the UDP in the determination of this planning application than the statutory documents listed above. This application is considered against policy G3, G4 and G6 of the UDP and policy G3 and G7 of the Local Plan.

Material Considerations

The main material considerations for an application of this type are the principle of the development, the impact upon the visual amenities of the area and the potential impact upon the amenities of neighbouring residents.

Appraisal

Principle of Development

The application site is located within the Sennybridge Settlement as defined by the Brecon Beacons National Park Unitary Development Plan (Approved March 2007). It is also located with the Castle Farm UDP Housing Allocation (site code S2) and, accordingly, it is considered that the principle of developing this site for residential purposes has been established.

Visual Amenity

The application site comprises a relatively narrow strip of land adjoining (and associated with) a relatively large residential Reserved Matters application site. As a result, it is reasonable to suggest that the application site would have a negligible impact in comparative terms as only garden areas, associated fencing and a garage building are proposed.

To this end, it is considered that the development of this site would not, on its own, have such an impact upon the visual amenities of the area that would warrant the refusal of the application. Nevertheless, it would be prudent to ensure that, however unlikely, the Full and Reserved Matters applications cannot be implemented independently of one another. This can be done via a suitably worded Section 106 legal agreement or Unilateral Undertaking.

Neighbour Amenity

Due to the location of this site in relation to neighbouring properties, it is considered that the development of this site would not have a material adverse impact in terms of a loss of light, loss of privacy or overbearing impact.

Whilst it is acknowledged that numerous letters have been received from neighbouring residents objecting to this scheme and siting planning application reference 11/06717/FUL, it is reasonable to suggest that these objections relate to the overall scheme and, accordingly, have been addressed in the report relating to Reserved Matters application 11/06718/REM.

Conclusion

For the reasons outlined above, it is recommended that the application be approved subject to the following conditions and a legal agreement tying its implementation to the associated Reserved Matters application.

RECOMMENDATION: Permit subject to Section 106 Agreement

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. NP1v2, NP2v2 and NP3v1), unless otherwise agreed in writing by the Local Planning Authority. 3 The garages and access thereto must be reserved for the garaging or parking of private motor vehicles and the garage shall at no time be converted to habitable accommodation. 4 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking, amending and re-enacting that Order) no development of the types described in Part 1 Classes A to E of Schedule 2, other than that hereby permitted shall be carried out without the written permission of 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 interest of a satisfactory form of development. 3 To ensure adequate off street parking arrangements remain available at all times. 4 In order to safeguard the character and visual amenities of the locality.

Informative Notes:

1 The development to which this permission relates is the subject of an agreement under, inter alia, Section 106 of the Town and Country Planning Act 1990. This permission should be read in conjunction with that agreement.