ENCLOSURE 6
Brecon Beacons National Park Authority
PLANNING, ACCESS AND RIGHTS OF WAY
COMMITTEE
6 October 2009
RECOMMENDATIONS OF THE DIRECTOR OF PLANNING
AND HEAD OF DEVELOPMENT CONTROL
ON APPLICATIONS FOR DETERMINATION BY
THE PLANNING, ACCESS AND RIGHTS OF WAY
COMMITTEE
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INDEX
ITEM REFERENCE ADDRESS RECOMMENDATION
1 06/00635/COU Brondai Permit Gwynfe Llangadog Carmarthenshire SA19 9RU
2 07/00892/FUL Beilibrith Permit Trallong Brecon Powys LD3 8HF
3 09/03333/FUL Dan-yr-Ogof Showcaves Permit subject to Section Brecon Road 106 Agreement Penycae Swansea SA9 1GJ
4 09/03548/FUL Ysgubor Ganol Permit Pengenffordd Talgarth Powys LD3 5ES
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ITEM NUMBER: 1
APPLICATION NUMBER: 06/00635/COU APPLICANTS NAME(S): Jeanette Cutler SITE ADDRESS: Brondai Gwynfe Llangadog Carmarthenshire SA19 9RU GRID REF: E: 267248 N:218248 COMMUNITY: Dyffryn Cennen DATE VALIDATED: 9 November 2006 DECISION DUE DATE: 4 January 2007 CASE OFFICER: Mr Rhodri Davies
PROPOSAL Change of use from agricultural to clay pigeon shooting ADDRESS Brondai, Gwynfe, Llangadog
CONSULTATIONS/COMMENTS Consultee Received Comments
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Brecon Beacons Park 2nd Apr 2007 The Society is concerned that any approval of clay Society pigeon shooting activities would greatly hinder the enjoyment and tranquillity of walkers along The Beacons Way long-distance walking trail, which was initiated by the Park Society and has been adopted by the National Park as its Official Trail. We have already received complaints during 2006 from walkers, concerning noise pollution, litter and traffic congestion when previous shoots have taken place in this area. We understand that previous events may have taken place without relevant planning permissions even though they were performed on a SSSI and Open Access Land. The Society also feels that this application is contrary to the National Park's statutory purposes because of the impact it would have on the Park's special qualities and the ability of the public to enjoy them. We would therefore urge you to reject the change of use application. Brecon Beacons Park 16th Jun 2009 Clay pigeon shooting is an activity that causes an Society unacceptable level of noise, particularly disturbing because of its persistence and particularly intrusive at this site because of the peace and quiet of this remote area. The site is close to Carreg Cennen and a number of footpaths. We are particularly concerned about the effect on people walking the Beacons Way which runs along the border of the site. There have been many complaints about the noise from the current level of activity and any increase in the number of days of shooting will only compound the problems. The use of guns close to public footpaths can be very disturbing and prevent the use of the paths because of the perception of danger. The shooting occurs over Open access land and is therefore restricting access. Shooting produces quantities of litter in the form of broken clays and used cartridges etc. which may not be cleared up immediately and traces of which usually remain. They may well have a detrimental effect on wildlife and cause pollution of watercourses. We understand that this shoot takes place partly over an SSSI at Pal y Cwrt which deserves particular protection from these pollutants. While the development might be considered to have benefits as a farm diversification, we consider that these would be outweighed by the negative effects that the
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noise nuisance would have on already established tourist ventures such as local B&Bs and the Carreg Cennen farm and cafe. It will also cause a substantial increase in traffic on the single lane highway by which it is accessed. We therefore ask that this application be refused. CADW Ancient 7th Dec 2006 Brondai Farm is located just to the south if Carreg Monuments Cennen Castle. The castle is open all year round Administration and is a popular local visitor attraction, particularly during school holidays. CADW has been concerned to find that the clay pigeon shooting at Brondai Farm is clearly audible to people visiting the Castle, and this has become an increasing subject of complaint. Many people choose to visit Carreg Cennen to experience it dramatic cliff top setting and to enjoy the panoramic views of the surrounding countryside. However, it would appear from comments received by CADW that for some visitors, the tranquil setting of the castle has been disrupted by the sound of the nearby gun fire at Brondai Farm and that this noise has detracted form their enjoyment of visiting the castle. In view of the wide knock on effects of this activity, CADW would urge the National Park to take account of the interests of the full range of visitors to this popular part of the Brecon Beacons when considering the application. In the event that the NPA is minded to grant permission for shoots to take place, then CADW would recommend that this permission be subject to restrictions to prevent the shoots from coinciding with popular visiting periods, such as school and bank holidays. These views are provided without prejudice to the Welsh Assembly Government's consideration of the matter, should it come before it formally for determination. Carmarthenshire 13th Feb 2007 The Public Health Section has been investigating County Council complaints of noise arising from gun shots emanating Environmental Health from the above location since May of last year. A total of 4 noise monitoring exercises have been carried out to date, and were undertaken on the following dates: - Sunday 16th July, 2006 (competition) from Stafell Goch, Llandyfan - Sunday 1st October, 2006 (competition) from below Carreg Cennen Castle - Friday 3rd November, 2006 (corporate shoot) from below Carreg Cennen Castle
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- Sunday 10th December, 2006 (competition) from Mount Pleasant, Gwynfe
A noise report (dated 6th November, 2006) relating to the first three noise monitoring exercises carried out was included with the comments. The report concluded that it is evident that the noise levels of the shots emanating from Brondai are greatly reduced when sub sonic cartridges are used (as per the exercise undertaken in November, 2006). Unfortunately, such cartridges cannot be used during competitions. The July monitoring exercise was undertaken in fine and warm weather with a minimal breeze and the shots were not loud or very distinct and masked predominantly by birdsong. The October monitoring gave rise to a shooting noise level that gave cause for concern. However, due to high winds and rain, the measurements were not considered to be reliable.
Carmarthenshire 2nd Oct 2007 If the Planning Authority was minded to approve the County Council application, conditions should be included to Environmental Health minimise the impact of the clay pigeon shooting on noise sensitive premises:
i) Limiting the number of noisy events (e.g. major events) that the site can hold in a 12 month period. ii) Major events (regional, national or international competition) not to be staged more frequently than once in any 28 day period. iii) Notification of BBNPA and surrounding occupiers of land of major shoots. iv) Having set hours of operation on weekends and weekdays to include maximum cumulative duration. For example a maximum cumulative duration of 3 hours may be considered reasonable during weekdays. The maximum cumulative duration for the weekend may be 2 hours given that the site located in a National Park; however an exception to the rule may be required to allow competitions to take place at the site. v) In adverse weather conditions (which are likely to affect the propagation of sound) consideration should be given to cancel the event.
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Carmarthenshire 24th Jan 2007 Any permission that the LPA may give should include County Council the following condition: Highways 1. Prior to any use of the development herewith permitted, a number of additional passing bays shall be provided within the roads leading to the site, at locations and specification to be agreed, and approved, with the Brecon Beacons National Parks and the Countryside Council for Wales. Reason: In the interests of highway safety.
Council For National 9th Jan 2007 CNP is the national charity that works to protect Parks and enhance the national parks of England and Wales and areas that merit National Park status, and promote understanding and quiet enjoyment of them for the benefit of all.
We note that there is little information included in the application on the proposed level of use, impact on the National Park purposes and implications for the local highway network and that the supporting material appears to be confined to a letter from the applicant and some newspaper cuttings. CNP objects to this application and considers that this application should be refused for the following reasons:
- This application is contrary to the National Park statutory purposes because of the impact it would have on the Parks special qualities and public enjoyment of them, - This is a particularly quiet area of the National Park, near to Carreg Cennen Castle and the Beacons Way, - Clay pigeon shooting is an inappropriate activity for a National Park and the only recent applications of which we are aware were in the Dartmoor National Park (SX73748883 application withdrawn following officer recommendation of immediate enforcement action) and in the Exmoor National Park (6/3/03/117 change of use application refused because of unacceptable noise and disturbance to local householders and walkers, riders and horses on nearby rights of way. The proposal was judged by the NPA to be a kind of
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farm diversification "which is neither necessary nor acceptable in the National Park."
CNP has received correspondence from local people opposed to this application. We hope that the NPA will refuse permission for this change of use. We would be grateful to receive a copy of the decision letter.
Council For No response to date. Protection Of Rural Wales Countryside Council 7th Feb 2007 Part of the farm holding, which is the subject of this For Wales application, lies within Mynydd Du Site of Special Scientific Interest (SSSI). The principal special interests within this particular part of the SSSI (a large walled enclosure known as Pal y Cwrt) are limestone grassland and limestone outcrops.
CCW object to the application and recommend that your authority refuse permission for the proposed development unless conditions are imposed. CCW has concerns regarding the impacts of this proposal on the special features within the SSSI, but it is possible that such concerns could be overcome or ameliorated through the introduction of appropriate conditions to safeguard the special interests of the SSSI. These conditions would need to be discussed with the authority but are likely to include identifying specific areas within the site over which shooting can occur; identifying locations of shooting positions; a strict limit on the number of shoots held on the SSSI land; that all debris be collected up to the satisfaction of CCW within a few days of the event; specifying an upper limit on the amount of lead discharged from cartridges onto the land over a period; periodic soil testing to assess the impact of lead build-up; allowing a review of the permission and the ability to rescind it should incompatibility with the special interest of the SSSI be reasonably demonstrated.
Dyfed Archaeological No response to date. Trust Dyffryn Cennen 3rd Jan 2006 Council's observations are as follows: Community Council
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Council has no objection in principal to clay pigeon shooting but feels that the proposed location is not suitable. Members also commented on the possibility that the current planning consent may restrict use of the site to agricultural purposes only,
The application is not supported for the following reasons: the noise pollution is not acceptable. the detrimental effect on tourism. the road network to the site is inadequate.
Not supported for the following reasons Environment Agency 2nd Jan 2007 CCW should be consulted Wales NP Ecologist 27th Nov 2006 Have already provided advice to DC Enforcement. This affects Mynydd Du SSSI, Therefore ccw's advice must be sought for this application
I have just spoken with Nick Davis from Carms CC Planning dept, I have advised him as follows: For the road widening (passing bays), the applicants may require consent from CCW In case this interferes with archaeological artefacts within this Historic Landscape (I think it extends this far), to consult beforehand with Cambria Archaeology. NP Ecologist 26th Mar 2007 I have sought the advice of CCW on this matter. The following summarises the advice that was provided by CCW's Senior Ornithologist: - CCW believes that it would be difficult to demonstrate that there would be an impact (from clay pigeon shooting) on breeding peregrine falcons and raven, although the onus is on the applicant to show that there would not be such an impact. - CCW believes that it is unlikely that the breeding peregrine falcons and ravens at Carreg Cennen will be put off. - The presence of breeding raven and peregrine within the Carreg Cennen SSSI would not be a sufficient reason to object because this SSSI was not designated for these species. - Peregrine falcons area a Schedule 1 species and as such there is an offence of reckless disturbance to them but in this case CCW does not believe that
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the shooting should cause sufficient disturbance to be a problem. - With respect to the birds breeding within the Pal y Cwrt area, CCW does not hold any data and therefore is unable to comment. - Noise disturbance might be an issue with respect to the National Parks designation but CCW does not believe that it is an issue for the breeding peregrine falcons and ravens at Carreg Cennen SSSI.
NP Rights Of Way 20th Apr 2009 It appears that the proposal could have a significant Officer effect on the public's right of access as conferred by section 2 of the Countryside and Rights of Way Act 2000. Pal y Cwrt has been a popular area for picnicking and walking for a number of years. Over the past four years shooting has occurred either by application or by using the owner's 28 discretionary (restriction) days. The total number of days per year on which access has been excluded has been less than 20. I would have concerns if this proposal led to significant increased restrictions on the public's right of access to Pal y Cwrt and if possible would suggest that an agreement under provisions of chapter III of the CROW Act be sought with the applicant to minimise access restrictions especially during the summer months. Ramblers Association 24th Jan 2007 This activity would be totally at variance with the Carmarthenshire purpose of the National Park, namely quiet enjoyment of the countryside and the environment in the Park. Furthermore, part of the area is an SSS1, and the whole district is full of history. Dinefwr Ramblers walk frequently in the area, as do many people, and do so to enjoy the above features. There are plenty of activities that could be carried on without generating such intrusive noise. Another factor is the proximity of the shooting to a public road and footpaths, as well as open access land.
CONTRIBUTORS J And K Masters, Cwm Cennen, Trap Richard John, Llangwyddfan Farm, Llandybie Mrs C E Ray, 11 Maesquarre Road, Betws Cliff Mann, 37 Dynefwr Avenue, Llandeilo W M Owen, Rohs Yr Hafod, Llanarthne Angharad Llewellyn, Carreg Cennen Castle And Farm, Trapp Proprietor, The Plough Inn, Rhosmaen
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D H Davies, Dafadfa Uchaf, Gwynfe J R Apps, Ty-Isaf Barn, Trap R W Jones, Castleview, Trap Mr Gareth Enoch, Aur-y-Bryn, Heol Cwrt A Resch, Senior Account Executive, Edelman Worldwide Ltd R Lloyd, 11 Folland Road, Glanamman V A Sullivan, Pen Yr Heol Ddu, Heol Ddu J Davies, 4 Heol Aman, Glanaman Gaynor Rees, 3 Penpound Lane, Glanamman M Davies, 7 Ceidrim Road, Glanamman J H Phillips, 19 Maes Y Glyn, Glanamman H Beith, Elm House, 4 Heolmfyrddin Mr J Hollister, 13 Caenllwchwr, Llandyfan J Griffiths And Son, Park Lane, Golden Grove T G R Humphries, Forge House, Llandyfan A S Cilson, Garn Cottage, Llandyfan G Williams, Groesffordd, Llandyfan V Cutler, Palecwrt Equestrian Centre, Brondai D Thomas, 18 Margaret Road, Llandybie M Jones, 3 Nant Anu, Capel Hendre P A Jurrell, 11 Pantyblodau Road, Blaenau E Williams And D Jones, 40 Towy Terrace, Llairfach M Davies, Trap, Llandeilo D J M Phillips, Llanygad-Yr-Haul, Manordeilo Ricky Mann, 37 Dyneuor Avenue, Llandeilo D T Rees, 34 King Road, Llandybie A R Downing, Maesymeillion Farm, Llandybie D R Williams, 34 Mill Terrace, Panty Haren C Jones, 165 Penygroes Road, Blaenau P Williams, 30 Margaret Street, Llandybie T G Fairburn, The Glen, Llandybie S Smith, 20 Margaret Road, Llandybie Cllr P Jiddy, Garn Cottage, Llangwyddfaen Lane G A Stephens, Annedd Wen, Llandybie G R Hopkins, Cwmbassit, Dewydd T E Giles, Carmarthenshire Tourist Association, The Nationl Botanic Garden Of Wales M Morgan, Bryncoch Farm, Llandyfon Mrs B Davison, Teifi Cottage, Ty Isaf J F Hastings, Pencefn, Trap Mr And Mrs D Thomas, Caerwern, 3 Caeffynnon H Rees, 16 Heol Myrddin, Ffairfach D Dowdeswell, 25 Windermere Road, Gloucester Hugh Rees, 16 Heol Myrddin, Fairfach K Jones, 20 Heol Myrddin, Ffairfach R Price, 41 Heol Myrddin, Ffairfach J E Jones, 41 High Street, Ammanford
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G John, Llangwydd Fan Farm, Llandybie P Newton, Maesypanwr, Llandyfan Mrs E Fish, 209 Cwmamman Road, Glanamman P Fish, 209 Cwmamman Road, Glanamman C V Jones, Pencoed , Llandyfan Mrs L James, Gelli Wastad, Kings Road E J Thomas, Garredlwyd, Trap R E Curton, 2 Llys Y Nant, Kings Road P Morgan, 18 Glynhir Road, Llandybie S Davies, 61 Woodfield Road, Llandybie K Davies, 61 Woodfield Road, Llandybie C H Jones, 3 Nant Arw, Capel Hendre Sam Jacobs, 19 Dinefwr Avenue, Llandeilo Dylan And Joanne Evans, 35 Penygroes Road, Caerbryn Alan Howells, 21 Couell Road, Garnant E Morgan, Brynchwytn Farm, Gwynfe G, M And L Jones, Coedsion Farm, Llangadog Thomas Gloues, Sletyn Ynys, Trap J Crayford, Cawclor Estate, Ffairfach N Griffiths, C/o Garnbica, Llandybie Dai Garland, Heol Y Dderwen, Glanamman E M Hemmings, Brynbellan, Llanfymdd T W Jones, 5 Brynawelon, Saron L Lewis, 1Royal Oak Court, Llandybie D L Jones, Abermangoed Mill, Llanwron Owner/Occupier, Brondai Shooting Ground, Gwynfe Onwer/Occupier, Nantymynyny, Carm A J Bevan, 9 Victoria Terrace, Cwmavon D Williams, 9 Hawthorn Close, Ynysygwas D Pemberton, Ger Y Mynydd, Heol Ddu H Bennett, 20 Highbury Terrace, London Michael And Julie King, Berthlwyd, Gwynfe Mr/s Scourfield, 3 Ger Yr Afon, Glanamman A Williams, 212 Cwmaman Road, Garnant A Smith, Stafell Goch, Llandyfan M Lloyd, 73 Llandeilo Road, Brynamman B Watkins, 1 Glyn Powell, Nant Glyn Road Ieuan Thomas, 76 Folland Road, Glanamman H Williams, 3 Maes-y-Wern Road, Gwenig Jill Thomas, Minerva, Folland Road M Campbell, 6 Cwmaman Road, Glanaman Talfryn Davies, 29 Maes Y Glyn, Glanamman N Evans, 4 Brynhhol Road, Glanamman GD Rees, 14 High Street, Glanamman PG Edwards, 13A Station Road, Glanamman PJS Evason, Somerset House, Infant-Y-Glyn Road
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Eve Vince, Foxholes, 175c Cwmgarw Road Roger Vince, Foxholes, 175c Cwmgarw Road Amelia Smith, 122 Mountain Road, Brynamman Nikita, 3 Pantilynter, Llandybie Susan Harries, 18 Arfryn, Brynamman D Darton, 11 Banwen Place, Lower Brynamman D W Williams, 212 Cwmamman Road, Garnant Mr I Ryan-Davies, Mountain View, Tir Y Coed Road K L Morgan, 19 Cefn Road, Gwaun Cae Gurwen M Howells, 67 Cwmaman Road, Glanaman Michael And Lesley Grogan, Morning Watch, Trap V Davies, 4 Heol Aman, Glanaman P M Westlake, Ty Newydd, Trap Mr And Mrs D I And K Davies, Maesyffynnon, Trap Mr And Mrs Thomas, Grip Fach, Trap Mr Alan, 18 Brynlloi Road, Glanaman Mr David Haundys, Dauddwr, Llandyfan Mr And Mrs Thane, Penhill, Trap Mrs M Bartlett, Farmers' Union Of Wales, 13A Barn Road Mr And Mrs Bettiss, Pen-Y-Lan Farm, Glynhir Road G Thomas, 7 New School Road, Garnant J E Morgan, West Orchard Farmhouse, Higher End Mr And Mrs Graepel, Blaen Cib Farm, Gwynfe Road Mr And Mrs Pretty, Mount Pleasant, Gwynfe Mr David G Morgan, Caerau Farm, Trapp Dr Darron Smith, Staffell Goch, Llandyfan Mr G K Masters, Cwmcennen, Trapp Mr And Mrs W Jones, Glan-Quay, Llandyfan A Smith, Stafell Goch, Llandyfan J Maits, 2 Llwyn Du Cottages, Trcoed Road A Williams, 40A Cwmamman Road, Glanamman E M Williams, Garnbica Farm, Kings Road D T And B A Williams, 126 Penygroes Road, Blaenau Mr And Mrs B Williams, Cwrtbrynbeirdd, Trap G Bond, England Clay Shooting Team, Manor Farm Mrs B Owen, Penywaun Farm, Trap E W Jones, Llelty-Yr-Ynys, Trafyn D Price, Ddyfadfa Isaf, Gwynfe Mrs M Squires, 52 Llwyn Y Beyn, Ammanford M Rees, BASC Wales, The Station House Mr B Jones, Waterloo Road, Pen Y Groes Mr E Williams, Aur Y Bryn, Heol Cwrt S Brooks, Welsh Clay Target Shooting Association Ltd, Ashleigh Mrs Anne White, 13 Maesquarre Road, Betws Mrs Gill Rouse, Maes Yr Haf, Main Road M R Jury, Garnlwydwen, Llandyfan
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M N Morris, Bryngwyn, 4 Gwynfe Road D And S Rees, Erwlon, Heol Ddu Anthony Stevenson, Grug Awelon, Heol Ddu A M Jones, 75 Parc Bryn Rhos, Grenigrd J A Jones, Chittenden House, Heol Ddu Mr And Mrs P D A Smith, Erwlon, Trapp D Morris, Huanfa Deg, Heol Ddu W Evans And K Lauchlan, Bumpers Farm, Llandyfan E Smith, Llwyn Cyll, Trap Mr D G Bailey, Forge Mill, Llandyfan Miss G R Davies, 27 Cwmamman Road, Glanamman T N Walters, Bro Ryan, Glanamman Mrs B Evans, 4 Parc Glanffrodd, Garnant S J Abel, 610 Cwmaman Road, Glanaman Mr And Mrs D R Williams, Y Felin, Trap Susan Omar, Principle Consultant, Aaron Scott And Black Mr D Pickering, 33 Parc Pencrug, Llandeilo Mr Daniel Apps, Ty-Isaf Barn, Trapp Mary Lewis, The Cawdor Hotel, Rhosmaen Street H Davies, Lluest, 7 Norman Road M D Bennett, Pantyddaufryn, Penybanc J Brazier, , G C Greenstock, Glynllydan, Gwynfe Mr Wesley Shuflebottom, Pen Y Garn, Gwynfe Road Mr O M Pratt, Fardre Fach, Trap Mr A Clayton, Waungoch, Heol Ddu Georgia Davies, Rhandir Fach, Trap J S And E M Smith, Llwyn Cyll, Trap Mr David Gary Bailey, Forge Mill,, Llandyfan, P Russell, Llwyn Dewi, Trap Dr D Smith, Stafell Goch, Llandyfan Simon And Mary Thane, Penhill, Trap Cllr D A Saundus, Dauddwr, Llandyfan P J Tiddy, Llangwyddfan Farm, Llandybie Allison Smith, Stafell Goch Llandyfan Ammanford, Jenny Voss, Gardener's Tump, Amberley Philip Isaac, Troedrhiwgadair, Llansadwrn Jenny Voss, , Eleri Lewis, 71 Henley Road, Leicester Llys Cennen Solicitors, 52 College Street, Ammanford A Smith, Ammanford
NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY
108 letters of support have been received commenting on the economic benefits to the area (e.g. local hotels and businesses) and the encouragement of tourism whilst
Page 14 of 63 ENCLOSURE 6 suggesting that any issues of noise, ecological effects, pollution and the intensity of use has a minimal impact.
The 108 letters of support include representations from the Farmers Union of Wales who support the proposal and encourage diversity for economic benefits, the Welsh Clay Target Shooting Association, the England Clay Pigeon Shooting Team, the BASC, the Northern Ireland Team Manager and Councillor D. Emyr Jenkins.
102 individual letters/emails of objection have been received, as summarised below:
• Noise from gun shots and the increase in this over peak use time (such as Bank and School holidays); • Impact on tourism and the potential impact on visitor enjoyment at the nearby Carreg Cennen Castle; • Highway safety with reference to the increased use of the access and surrounding roads and pedestrian safety in terms of the public footpath being close to the clay pigeon shooting; • The impact on the Mynydd Du (Black Mountain) SSSI; • The activities might create a precedent for further activities on SSSI land; • The potential effects on ecology and grazing livestock from the amount of lead and clay fragments that is deposited on the land during prolonged use; • Increased danger to free roaming livestock and the impact on horse rider safety in relation to gunfire; • Objections from hoteliers suggesting that they have not seen any increased business and that most tourists visit the area for its tranquillity; • The use is contrary to the National Parks purpose set out in the 1995 Environment Act; • The potential negative impact on other economic activities in the area; • Personal health issues of local residents including stress brought on by the gun fire; • The potential for led shot or clay fragments to land on the public highway; and, • The unreliability of the noise measurements undertaken during the test shoots.
In addition to the individual letters of objection, 22 objection slips and 19 template objection letters were received relating to access, ecology and SSSI issues and the negative impact on tourism.
RELEVANT POLICIES
G1: “Section 3 Conservation Map” (Unitary Development Plan 2007) G3: “Development in the National Park” (Unitary Development Plan 2007) Q2: “Sites of National Importance” (Unitary Development Plan 2007) Q11: “Sites of Archaeological Importance” (Unitary Development Plan 2007) Q12: “Archaeological Evaluation” (Unitary Development Plan 2007) Q20: “Development relating to the enjoyment of” (Unitary Development Plan 2007) Q21: “Rights of Way and Long Distance Routes” (Unitary Development Plan 2007)
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ES17: “Farm Diversification” (Unitary Development Plan 2007) LPG3: “Development in the National Park.” (Local Plan 1999) LPCL4: “Wildlife and landforms.” (Local Plan 1999) LPCL8: “Archaeology and cultural features.” (Local Plan 1999) LPAG3: “Farm diversification” (Local Plan 1999) LPT1: “Tourist, recreation and education.” (Local Plan 1999) LPT14: “Recreational paths.” (Local Plan 1999)
PLANNING HISTORY App Ref Description Decision Date
08/01816/FUL Construction of outdoor manage Application 27th Jan 2009 Permitted
C19918 Conversion of barn to form Application 27th Oct 2004 stables, toilets and kitchen area Permitted
C19910 Erection of 170 m of 11KV Application 15th Jul 2004 overhead line Permitted
C15075 Approval of reserved matters for Application 11th Dec 1996 consent D13581, relating to siting Permitted and site layout, design and external materials for one agricultural dwelling
D13581 Agricultural dwelling Application 29th Aug 1996 Permitted
OFFICER’S REPORT
BACKGROUND
The site is located within the parish of Dyffryn Cennen in Carmarthenshire and lies outside any settlement development boundaries as defined by the Brecon Beacons National Park Unitary Development Plan 2007 (‘the UDP’) and the Brecon Beacons National Park Local Plan 1999 (‘the Local Plan’). The majority of the southern part of the site (Pal-y-Cwrt) lies within the Mynydd Du Site of Special Scientific Interest. The site also includes the Beddau Derwyddon Burial Site which is a small area of rough and improved pasture surrounded by a dry-stone wall separating unenclosed moorland from lower lying enclosed and settled land.
The application relates to the retention of an unauthorised clay pigeon shooting business on land at Brondai, Gwynfe, Llangadog, Carmarthenshire which was commenced following the establishment of a Pony Trekking Centre on the farm in 2004. The
Page 16 of 63 ENCLOSURE 6 application was submitted in November, 2006 after numerous complaints relating to the intensity and noise of the use and its expansion into the adjoining Mynydd Du Site of Special Scientific Interest. The applicant moved to the property in May 2003 and organised the first Welsh Shoot from the premises later the same month.
Clay target shooting is currently enjoyed by a wide cross-section of the community as a leisure pursuit. It is also a governed and regulated competitive sport. Most occasional clay pigeon shooting uses at farms such as Brondai manage to remain within the 28 day rule and thus do not require planning permission. Therefore, the use of the land to the north of the farm house and SSSI for Clay Pigeon Shooting originally benefited from the 28 day rule under Part 4 (Temporary Buildings and Uses) Class B of the Town and Country Planning (General Permitted Development) Order 1995 which states:
Permitted development: B. The use of any land for any purpose for not more than 28 days in total in any calendar year, of which not more than 14 days may be for the purposes referred to in paragraph B.2, and the provision on the land of any moveable structure for the purposes of the permitted use.
Development not permitted: B.1 Development is not permitted by Class B if – a) the land in question is a building or is within the curtilage of a building, b) the use of the land is for a caravan site, c) the land is, or is within, a site of special scientific interest and the use of the land is for - i) a purpose referred to in paragraph B.2 (b) or other motor sports; ii) clay pigeon shooting; or iii) any war game, or, d) the use of the land is for the display of an advertisement.
Since it was then established that clay pigeon shooting was taking place on the site for more than 28 days in any calendar year and shooting was also taking place within the SSSI, the applicant was advised that retrospective planning permission was required to regularise the use of the land for clay pigeon shooting.
The application is reported to PAROW following a request by Peter Seaman in November, 2006 that the application be determined by Committee on the basis that it is likely to be a controversial application and goes to the heart of the statutory purposes of the National Park.
PLANNING HISTORY
Historical applications relating to this site include outline and detailed applications for an agricultural workers dwelling (D13581 and C15075), which has been implemented. Application C19918 for the conversion of existing barns to form stables, toilets and kitchen for use by the Palecwrt Equestrian Centre has also been implemented. Application 08/01816/FUL for the construction of an outdoor manage within the farm
Page 17 of 63 ENCLOSURE 6 yard adjacent to the farmhouse and other existing buildings in agricultural and equestrian use in connection with the Equestrian Centre was approved in January, 2009 but has not been implemented to date.
It should also be noted that Carmarthenshire County Council previously refused planning permission by the same applicant to establish a new clay pigeon shooting enterprise with a clubhouse at Glanlash, Caerbryn, Llandybie in June 2006.
SITE DESCRIPTION
The site measures approximately 59.55 Ha and is located in open countryside and is partially within the Mynydd Du/Black Mountain Site of Special Scientific Interest (SSSI). The site lies approximately 2km to the south-east of the village of Trapp. The application site is generally to the east of the farmhouse and other existing buildings in agricultural and equestrian use. The application site is accessed via a road across the mountain and an access track from this road leading up to the farm.
The application site can be divided into grazing land to the north of the farmhouse and the Pal y Cwrt open access land of the Mynydd Du SSS1 to the south of the farmhouse. The undulating and open moorland of the SSSI part of the site includes the “Beddau Derwyddon” Burial Site which is a small area of rough and improved pasture surrounded by a dry-stone wall separating unenclosed moorland from lower lying enclosed and settled land. The principal special interests within the walled enclosure of Pal y Cwrt are limestone grassland and limestone outcrops.
This part of the application site is also bisected by a single track road leading to the villages of Gwynfe to the north-east and Llandyfan to the south-west. The north-west corner of the site is crossed by an unclassified County road which is used as a public footpath. The site also lies opposite Carreg Cennen Castle with substantial remains of a medieval castle at the summit of a craggy limestone hill.
PROPOSAL
The applicant seeks retrospective planning permission to run a clay pigeon shooting business from the farm premises. The clay pigeon shooting enterprise is a form of farm diversification run in conjunction with the equestrian business (Palecwrt Equestrian Centre). The trekking centre includes a clubhouse facility and this is used during major shooting competitions. The applicant has been successful in applying for large selection shoots (e.g. 1 x Great Britain and 2 x Home International shoots). The initial intention for the clay pigeon shooting business was to allow shooting for two days per week for practice or lessons, to hold one competition a month and host one corporate event a month. This equated to a total of 140 days a year including eight events on the Pal y Cwrt (SSSI) part of the holding with the agreement of CCW.
The clay pigeon shooting facilities range from one-to-one tuition through to corporate days and special registered shooting events. The facility offers a range of disciplines
Page 18 of 63 ENCLOSURE 6 including Sporting (where targets are thrown in a great variety of trajectories, angles, speeds, elevations and distances to simulate live quarry shooting), Automatic Ball Trap (ABT), Skeet (where targets are thrown in singles and doubles from 2 trap houses situated some 40 metres apart, at opposite ends of a semicircular arc on which there are seven shooting positions) and DTL (Down The Line – where targets are thrown up to a distance of 45 to 50 metres at a fixed height of approximately 2.75m and with a horizontal ‘spread’ of up to 22 degrees either side of the centre line. Each competitor shoots at a single target in turn, but without moving from the stand until they have all shot at five targets).
The Farmers’ Union of Wales support the application and have intimated that the applicant is happy to restrict clay pigeon shooting on her farm to:-
• Wednesdays – restricted hours – to be discussed and agreed with the National Park Authority. • Fridays – afternoons only. • No clay pigeon shooting to be undertaken on any Bank Holiday. • Once a year only the business needs authority to undertake clay pigeon shooting on a Friday, Saturday and Sunday. This is a Great Britain selected shoot to decide on the team to represent Great Britain. • During any calendar month Mrs. Cutler would like permission to shoot for one weekend. Therefore, shooting one weekend every calendar month, either Saturday and Saturday, or Sunday and Sunday, or Saturday and Sunday.
The FUW representative also advised that Mrs. Cutler would like to discuss the restriction on Pal y Cwrt land in light of its SSSI designation.
As the details above differed from the original submission and the FUW have not been formally nominated to act as agent on this application, a management plan was requested from the applicant in order to demonstrate that the use can be effectively controlled to minimise the impact of the proposal on the National Park, the SSSI and the neighbouring properties. The response confirmed that the farm holding benefits from ample parking provision and that it was intended to provide passing places to ease the passage of traffic to and from the farm and that marshalls/stewards would be employed on large shoots. It also confirmed that the clubhouse will be used on shoot days and that it is capable of accommodating over 200 competitors.
It states that there are four types of shoots that can be held at the premises:
• Great Britain Selection Shoot (up to 150 entries) • Home International shoot (Wales, England, Scotland, Ireland, Jersey, Guernsey, Isle of Man – each with 13 team members) • Welsh Selection shoots (any number of competitors between 5 and 90 – successful with three applications – 25th January, 2009, 26th April, 2009 and 28th June, 2009) • Corporate hoots/fun/charity or open shoots (numbers differ each shoot –
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between 5 and 30)
The applicant intends to apply for one GB shoot a year (they did not apply to hold a GB shoot in 2009). In addition to the above Brondai was awarded three fitacs shoots this year – 13th April, 2009, 4th May, 2009 and 18th July, 2009.
The applicant would like to be able to shoot 76 days per year to ensure that the business is viable on the basis of one weekday per week (52) and two weekend days per calendar month (24). The letter also confirms that there are already measures in place for the collection and disposal of used clays and clay fragments.
ISSUES
Having examined the extensive consultation responses and representations received during the course of the application, the material considerations relating to the application are primarily does the use have a detrimental impact on the special qualities of the National Park and the SSSI, does it cause an unacceptable noise nuisance to surrounding residential properties and visitors to the area (e.g. to Carreg Cennen Castle tourist attraction and ramblers), does it impact upon the safe use of the public right of way, does it have a detrimental impact on the surrounding road network and highway safety, particularly during large competitions, and, does it, or could it, result in the contamination of the grazing land. The use does not materially affect any sites of archaeological importance and it has been confirmed that there is no evidence to suggest that the site is important for large numbers of birds.
APPRAISAL
Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework. This application is considered against policies G1, G3, Q2, Q11, Q12, Q20, Q21 and ES17 of the UDP and policies G3, CL4, CL8, AG3, T1 and T14 of the Local Plan. Local Plan policies will only be considered where they differ significantly from their UDP counterparts.
In making an “on balance” recommendation on this application, officers have taken into consideration the relevant policies of the Development Plan, the detailed comments made by the statutory consultees and other interested parties and the following national and specialist guidance:
• Planning Policy Wales March 2002 • Technical Advice Note (Wales) 11 – Noise (October 1997) • Technical Advice Note (Wales) 16 – Sport, Recreation and Open Space (January 2009 • Clay Target Shooting – Guidance on the Control of Noise - Chartered Institute of Environmental Health (January 2003)
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LANDSCAPE IMPACT
The proposal provides an opportunity for the enjoyment of the special qualities and natural beauty of the National Park. However, it is accepted that the use has several antisocial aspects with noise being the commonest objection raised followed by the fact that the activity could detract from the enjoyment of the countryside by walkers and tourists.
Paragraph 5.3.4 of PPW states:
“The statutory purposes of National Parks are to conserve and enhance their natural beauty, wildlife and cultural heritage and to promote opportunities for public understanding and enjoyment of their special qualities where it appears that there is conflict between those purposes, greater weight shall be given to the first.”
The paragraph goes on to say that “National Park Authorities also have a duty to seek to foster the economic and social well-being of their local communities.”
Part 1 Policy 1 of the UDP advocates that “the NPA will give great weight to conserving and enhancing the Park’s special qualities and its natural beauty, wildlife and cultural heritage” whilst Policy 4 advises that proposals which enable access to opportunities for the enjoyment of the National Park will be permitted where it is sustainable in terms of its impact on the environment and community and where there are no unacceptable impacts on areas which are vulnerable to recreational pressure.
Policy G3 requires that all developments in the National Park must comply with various criteria including i), iii) and iv) in particular which aim to prevent inappropriate development taking place within the National Park by ensuring that they are integrated into the landscape.
In terms of the impact on the SSSI part of the site, policy Q2 of the UDP advises that proposals must contribute to the protection, enhancement or positive management of the site and the development should not damage the site or detrimentally affect its conservation interest.
Paragraph 5.5.8 of Planning Policy Wales advises that before authorising operations likely to damage any of the notified features on a SSSI, local planning authorities must give notice to CCW and must take its advice into account when deciding whether to grant planning permission and in attaching conditions.
As confirmed by CCW, the principal special interests within this particular part of the SSSI (a large walled enclosure known as Pal y Cwrt) are limestone grassland and limestone outcrops. These habitats support a number of scarce or uncommon flowering plant species, ferns, fungi and mosses. CCW has previously approved two
Page 21 of 63 ENCLOSURE 6 applications by the owner to undertake up to four events over six to eight days on the SSSI. These consents were granted for a limited period as CCW considered the risk to the special interest from a small number of shoots was minimal and they needed to ensure that the matter could be kept under review.
On balance, in terms of visual and landscape impact, it is considered that the use of the land for clay pigeon shooting is acceptable subject to an agreed management plan to control the future operation of the site. As there is no requirement for any fixed or permanent fixtures in the open moorland/grassland (there are currently examples of moveable temporary structures on the site such as a crane) and the undulating topography of the land allows for natural visual screening, it is considered that the continued use of the site for clay pigeon shooting will not damage the landscape or SSSI or detrimentally affect the conservation interest of the land. Moreover, the use of the land does not result in the loss of agricultural land as it will still be used for grazing. Therefore, Officers are of the opinion that the proposal is appropriate to the surrounding landscape and is thus in accordance with the requirements of criteria i), iii), iv) and v) of UDP policies G3 and Q2.
NOISE DISTURBANCE
Paragraph 11.3.2 of PPW advises that “Authorities need to consider the effects of sport and recreation on neighbouring uses in terms of noise…”
Paragraph 8 of TAN11 advises that Local Planning Authorities must ensure that noise generating development (such as clay pigeon shooting) does not cause an unacceptable degree of disturbance. They should also bear in mind that if subsequent intensification or change of use results in greater intrusion, consideration should be given to the use of appropriate conditions.
Paragraph 4.4 of TAN16 advises that LPA’s should assess the compatibility of noise generating recreational and sporting activities with other uses and the siting, location and intensity of use should be given special regard to minimise their impact on the amenity of local residents and on surrounding land. Paragraph 4.5 goes on to state that when dealing with applications for activities which have the potential to generate significant levels of noise, the frequency with which the noise occurs and the disturbance likely to be created should be taken into account. The attachment of reasonable conditions to planning approval could be used to control nose emissions, particularly during unsociable hours.
Due to the open nature of the land surrounding Brondai and the requirement for a substantial site area, it would be difficult to introduce physical measures to reduce noise levels. In order to completely avoid any likelihood of noise annoyance it would be necessary to locate the shoot so that the sound of gun fire, and any other sound associated with the shoot, is inaudible at all noise sensitive premises in the surrounding area. Owing to the nature of the sound involved with clay pigeon shooting, however,
Page 22 of 63 ENCLOSURE 6 the chances of finding such a location are remote and it is accepted that the use in this location causes noise annoyance.
The Brecon Beacons Park Society is concerned that any approval of clay pigeon shooting activities would greatly hinder the enjoyment and tranquillity of walkers along ‘The Beacons Way’ long-distance walking trail.
Additionally, the Council for National Parks objects to this application as being contrary to the National Park statutory purposes because of the impact it would have on the Park’s special qualities and public enjoyment of them in this particularly quiet area of the National Park, near to Carreg Cennen Castle and the Beacons Way. They consider that clay pigeon shooting is an inappropriate activity for a National Park and the only recent applications of which they are aware were in the Dartmoor National Park (where the application withdrawn following an officer recommendation of immediate enforcement action) and in the Exmoor National Park (where a change of use application was refused because of unacceptable noise and disturbance to local householders and walkers, riders and horses on nearby rights of way.
CCW have also raised concerns relating to the effects of noise associated with clay pigeon shooting as it could affect the public’s enjoyment of the area and there is a question as to the appropriateness of the activity within the setting of the National Park.
CADW has raised concerns that the shooting is clearly audible to people visiting the Castle, and this has become an increasing subject of complaint. They argue that many people choose to visit Carreg Cennen to experience its dramatic cliff top setting and to enjoy the panoramic views of the surrounding countryside. It appears to CADW that for some visitors the tranquil setting of the castle has been disrupted by the sound of the nearby gun fire at Brondai Farm and that this noise has detracted from their enjoyment of visiting the castle. CADW has recommended that this permission be subject to restrictions to prevent the shoots from coinciding with popular visiting periods, such as school and bank holidays.
Due to complaints from neighbours in May 2006, the Environmental Health Officer at Carmarthenshire County Council carried out four noise monitoring exercises between July and December, 2006 from three different locations. As a result of undependable noise results, they proposed to undertake further monitoring of a “test shoot” to try to faithfully replicate the conditions of a competition event.
Their initial report concluded that the noise levels of the shots emanating from Brondai are greatly reduced when sub-sonic cartridges are used. Unfortunately, such cartridges cannot be used during competitions or practice sessions for competitions. The July monitoring exercise (undertaken in fine and warm weather with a minimal breeze) confirmed that the shots were not loud or very distinct and masked predominantly by birdsong. The October monitoring exercise gave rise to a shooting noise level that gave cause for concern. However, due to high winds and rain, the measurements were not considered to be very reliable.
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After the follow up “test shoot” monitoring exercise in March, 2007, a mean Shoot Noise Level of 47.3dB (A) was calculated from these results. It was concluded that the monitoring undertaken during ideal weather conditions supported the complainants’ claims that the clay pigeon shooting was audible at the properties where monitoring was undertaken. However, whilst the shots may cause annoyance to the residents, the noise did not, in the opinion of the EHO, amount to a statutory nuisance at any of the properties with Stafell Goch (to the south-west of the site) being the property least affected by the shooting.
The Environmental Health Officer recommended that if the LPA was minded to approve the application, conditions should be included to minimise the impact of the clay pigeon shooting on noise sensitive premises as follows:
1. Limiting the number of noisy events (e.g. major events) that the site can hold in a 12 month period. 2. Major events (regional, national or international competition) not to be staged more frequently than once in any 28 day period. 3. Notification of BBNPA and surrounding occupiers of land of major shoots. 4. Having set hours of operation on weekends and weekdays to include maximum cumulative duration. For example a maximum cumulative duration of 3 hours may be considered reasonable during weekdays. The maximum cumulative duration for the weekend may be 2 hours given that the site located in a National Park; however an exception to the rule may be required to allow competitions to take place at the site.
They also suggested that in adverse weather conditions (which are likely to affect the propagation of sound) consideration should be given to cancel the event. However, this particular measure would be extremely difficult to enforce and control by condition.
Therefore, further to the professional advice received from the Carmarthenshire County Council EHO, the use is considered to be acceptable in terms of noise disturbance subject to the operation being effectively controlled by conditions. The conditions will mainly preclude the use of the site during antisocial hours and public holidays.
IMPACT ON THE RIGHT OF WAY AND OPEN ACCESS LAND
The site is crossed by an unclassified County road which is used as a public footpath. The Pal y Cwrt area of the site is also classed as "Open Access Land". Policy Q21 of the UDP states that development that would prevent or adversely affect the use of a public right of way or route with potential to form a long distance walking, riding or cycling path will only be permitted where an equivalent route can be provided.
The National Park Rights of Way Officer has advised that the proposal could have a significant effect on the public’s right of access as conferred by section 2 of the
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Countryside and Rights of Way Act 2000. Over the past four years shooting has occurred either by application or by using the owner’s 28 discretionary (restriction) days. The total number of days per year on which access has been excluded has been less than 20. He confirms that he would have concerns if this proposal led to significant increased restrictions on the public’s right of access to Pal-y-Cwrt.
As the use of the Pal-y-Cwrt land will be limited to major shoots only, the public’s right of access to this land will only be restricted for a maximum of 12 days in any calendar year. Therefore, it is considered that the occasional unavailability of the "Open Access Land" is acceptable compared to the current unregulated situation.
The Ramblers Association have also raised the issue of the proximity of the shooting zone to a public road and footpaths, as well as open access land. The Chartered Institute of Environmental Health’s guidance note on Clay Pigeon Shooting recommends that there should be a minimum safety zone of 275 metres in front of the shooting stands in the general direction in which shooting takes place. Within this safety zone there must not be any places to which the public has access such as public highways, footpaths and bridleways, etc. It is considered that the application site can easily achieve this minimum safety zone provided that access to the Pal-y-Cwrt area of land is restricted during major shoots and the location of shooting stands is carefully considered and controlled.
Whilst it is accepted that the clay pigeon shooting could potentially discourage the public from using the rights of way around the site, as the shooting will not endanger the public and will only occur sporadically over the course of a year, it is considered that the development accords with policy Q21 of the UDP.
ACCESS AND HIGHWAY SAFETY
Due to the remoteness of the site, the lack of public transport alternatives and the nature of the users of the clay pigeon shooting facility, visitors to Brondai travel by private car. Paragraph 7.3.3 PPW states that LPA’s should adopt a positive approach to development associated with farm diversification in rural areas, irrespective of whether farms are served by public transport.
Whilst criteria iii) Policy Q20 stipulates that recreation proposals must not create additional traffic on to tourist pressure routes or single carriageway minor roads and a number of objections have been received relating to increased traffic levels in the area, the Highways Officer has no objection to the proposal. However, and as was the case with the previous application for the construction of an outdoor manage (08/01816/FUL), he has recommended the imposition of a condition on any grant of planning permission requiring the provision of dedicated passing bays along the access to the site to promote highway safety and traffic circulation. The implementation of such measures prior to the commencement of any development on site ensures that the proposal will satisfy the requirements of criteria vii) and ix) of UDP policy G3. As there is ample space for parking within the site, it is also considered that the scheme accords
Page 25 of 63 ENCLOSURE 6 with criteria v) of UDP policy ES17.
GROUND CONTAMINATION
A number of objectors have raised the issue of the possible effect on ecology and grazing livestock from the amount of lead and clay fragments that is deposited on the land during prolonged use.
CCW have confirmed that, in regard to the deposition of lead shot, their understanding is that lead is tightly bound in soils that are not too acidic and limestone helps to reduce mobility. However, they note that lead will still accumulate over time and will eventually contaminate the soil. Therefore if shooting continued, analysis of the soil is required at the site to monitor levels, as eventually a threshold could be crossed when soil biota could be affected, which in turn may affect the flora and vegetation. CCW would only likely agree further shoots where there was no likelihood of any of the limestone grassland or other interest being adversely affected by shot, related debris or clay pigeon fallout.
CCW also advise that the habitats at Pal y Cwrt rely on grazing, principally by sheep, for maintenance of the sward structure. Whilst the issue of lead toxicosus/poisoning is outside CCW’s remit, they confirm that it is essential that the area continues to be grazed. Therefore, a condition relating to the regular analysis of the soil has been added to the recommendation.
CONCLUSION
Having regard to the above and the various valid planning objections against the proposal, it is considered that, on balance, the proposal conforms to the relevant criteria of policies G1, G3, Q2, Q11, Q12, Q20, Q21 and ES17 of the UDP and policies G3, CL4, CL8, AG3, T1 and T14 of the Local Plan and is thus recommended for temporary approval for 2 years to review the acceptability of the use subject to conditions that will control the future operation of the site.
As stated above, the use of the land (excluding the SSSI element) for clay pigeon shooting could technically take place on an unrestricted basis for up to 28 days in a calendar year under current permitted development rights and, by recommending approval with stringent controls, it is considered that the future use of the site for up to 56 days per calendar year can be sufficiently regulated to minimise any potential detrimental impact on the National Park’s special qualities.
RECOMMENDATION: Permit
Conditions and/or Reasons:
1 Notwithstanding the time limit given to implement planning permissions as prescribed by Sections 91 and 92 of the 1990 Town & Country Planning Act (as
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amended) this permission, being a retrospective permission as prescribed by Section 73A of the above Act, shall have been deemed to have been implemented on 01/09/09. 2 This consent shall expire on 01/09/11. Unless further consent is granted in writing by the Local Planning Authority prior to the end of that period, the use hereby approved shall permanently cease. 3 Notwithstanding the submitted information, a detailed Management Plan shall be submitted to and approved in writing by the Local Planning Authority within 2 months of the date of this temporary consent. The operation shall be carried out in accordance with the approved Management Plan which shall include the identification of specific areas within the site over which shooting will occur; the identification of locations of shooting positions; a method statement explaining that all debris will be collected up to the satisfaction of CCW within 3 days of the event; the specification of an upper limit on the amount of lead discharged from cartridges onto the land over a period and details of regular soil testing to assess the impact of lead build-up. 4 The use of the land for shooting and associated activities is limited to 56 days per calendar year only. Of these 56 days, only one Sunday per calendar month may be used for shooting and no further Sundays shall be used for shooting without the prior written consent of the Local Planning Authority. 5 No clay pigeon shooting shall take place on the premises outside the following hours:- 0900 – 1800 hrs Mondays - Saturdays 1200 – 1800 on the one permitted Sunday per calendar month and not at all on Public Holidays. Unless otherwise agreed in writing by the Local Planning Authority. 6 Notification in advance (at least 14 days) shall be given to NPA, Carmarthenshire EHO, local residents and Dyffryn Cennen Community Council of major events (regional, national or international competition) to be held each year. Notices should be posted on the community council notice board as well as in the immediate area of the shoot venue. Notices should give the name and telephone number of the secretary (or an equivalent contact) in the organising club and the duration of the event. No more than 12 major events shall take place in any calendar year – major events to be included in 56 days allowance. 7 Maximum Cumulative duration limit to shooting for no more than 2 hours in any weekend and 3 hours on any week day unless in any weekend and 3 hours on any weekday unless otherwise agreed in writing by the Local Planning Authority in consultation with Carmarthenshire Environmental Health. 8 Details of the proposed passing bays shall be submitted to and approved in writing by the Local Planning Authority within 2 months of this consent. The passing bays shall be completed in accordance with the approved details within 3 months of this consent. 9 Only subsonic cartridges shall be used for all corporate/non-competition related events held at Brondai and the Pal-y-Cwrt section of the site shall only be used for major events (regional, national or international competition).
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Reasons:
1 To comply with Section 73A of the above Act. 2 To enable the National Park Authority to give further consideration of the acceptability of the proposed use after the temporary period has expired. 3 To safeguard the amenity of the area. 4 To protect the amenities of nearby properties. 5 To protect the amenities of nearby properties. 6 To ensure a satisfactory form of development. 7 To protect the amenities of nearby properties. 8 In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway. 9 To protect the amenities of nearby properties.
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ITEM NUMBER: 2
APPLICATION NUMBER: 07/00892/FUL APPLICANTS NAME(S): Mrs A Thomas SITE ADDRESS: Beilibrith Trallong Brecon Powys LD3 8HF GRID REF: E: 294937 N:229985 COMMUNITY: Trallong DATE VALIDATED: 29 March 2007 DECISION DUE DATE: 24 May 2007 CASE OFFICER: Mr Ryan Greaney
PROPOSAL Retention of building as constructed and change of use of first floor and part ground floor to annexe accomodation to main house. ADDRESS Beilibrith, Trallong, Brecon
CONSULTATIONS/COMMENTS Consultee Received Comments
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Environment Agency 24th Apr 2007 Have no objection and provides standard advice Wales notes. Powys County 5th Apr 2007 Recommends refusal on the grounds of restricted Council Highways visibility for emerging motorists from the existing access. Trallong Community 3rd May 2007 Objects on the grounds that the structure is fully Council self contained and not intended for use as an annexe. The building has not been erected in accordance with approved plans, the proposals are for further residential development within the countryside.
CONTRIBUTORS Cllr G Thomas, 45 Beacons Park, Brecon
NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY
One letter of objection has been received from the local County Councillor. Grounds of objection relate to the scale of building that has been erected and converted and that it represents a new form of accommodation in the open countryside.
RELEVANT POLICIES
G3: “Development in the National Park” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) ES27: “House Extensions and Ancillary Buildings” (Unitary Development Plan 2007)
PLANNING HISTORY App Ref Description Decision Date
06/00555/CON Retention of windows/doors Invalid Application 21st Dec 2006 not on original permission Returned P21287 Conversion of hay loft/garage to Application 12th Dec 2006 form annexe to dwelling Withdrawn P19900 Single story extension Application 3rd Aug 2004 Permitted P19727 Proposed change of use of Application 9th Feb 2006 boundaries from residential to Permitted agricultural and from agricultural to residential MT19389 Self catering holiday cottages for Application 6th Jan 2004 short term letting Refused
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P18355 Retention of balcony Application 1st Oct 2002 Permitted P17838 Erection of domestic garage with Application 9th Aug 2001 hay loft above Permitted P17665 Erection of domestic garage with Application 5th Jun 2001 hay loft above Refused K13535 Alteration to and enlargement Application 18th Feb 1994 of dwelling to provide Permitted accommodation for two disabled persons and also extension of curtilage to provide vehicular access (Full)
OFFICER’S REPORT
INTRODUCTION
This application seeks full planning consent for the retention of a detached outbuilding within the domestic curtilage of the property known as Beilibrith, Trallong.
SITE DESCRIPTION
The application site is relatively isolated, being located on the edge of Trallong Common approximately half a mile north of the A40 Trunk Road. The property benefits from a relatively large residential curtilage and is bounded by fields to the north, west and south and by the public highway to the east.
The outbuilding which is the subject of this application is sited to the northeast of, and in close proximity to, the dwelling.
PROPOSAL
This application seeks consent for the retention of an outbuilding as constructed and the change of use of the first floor and part of the ground floor to annex accommodation relating to the main house.
RELEVANT PLANNING HISTORY
The building has had a long planning history. Full planning permission was originally refused in June 2001 for a detached domestic garage with hay loft above (P17665). The reason for refusal being that the proposal was excessive in mass and scale, being seen as unduly prominent in the rural landscape.
A second application proposed a smaller building, some 1.5m less in length, 1.7m less in
Page 31 of 63 ENCLOSURE 6 width and 1.8m less in height. This application (P17838) was subsequently approved in August 2001.
The applicant submitted a third application (P18389) seeking to enlarge the above structure, to be split level in construction. The ground floor was intended to accommodate a domestic garage and store, with hay store and tractor shed at first floor level opening out onto an adjoining 4 hectares of agricultural land. The revisions increased the mass of the structure by some 48% from that originally granted. The application was approved on 3rd September 2003.
A further application was submitted which sought the conversion of the structure into a residential annex, which would be fully self contained with two bedrooms, lounge, kitchen and bathroom facilities together with double garage. The building had not, however, been constructed in accordance with the approved plans under planning application ref. P18389. Proposed openings for agricultural vehicles had been replaced by domestic style French doors and windows and roof lights had been introduced, as well as further windows which gave the building the appearance of a dwelling house. The application was subsequently withdrawn.
An application was also submitted to retain the windows and doors referred to above under ref. 06/00555/FUL. The first floor was now, however, proposed as a hayloft. Officers requested the description be amended to reflect that the openings were domestic in appearance and that the proposals be described as a residential annex. No action was taken by the applicant other than withdrawing the application.
POLICY CONTEXT
Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework. This application is considered against policies G3, G6 and ES27 of the UDP and policies G3, G7 and H14 of the Local Plan. Local Plan policies will only be considered where they differ significantly from their UDP counterparts.
MATERIAL PLANNING CONSIDERATIONS
The material planning considerations pertinent to this application are the principle of development and the potential impact upon the visual amenity of the area as well as the potential impact upon highway safety. It is considered that the site is isolated enough so as not to pose a concern from an impact upon neighbouring residents perspective.
APPRAISAL
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Principle of development and Visual Amenity This application seeks to retain the building as constructed, with residential accommodation on both floors – garage space, shower room and utility room to ground floor and two bedrooms, lounge and kitchen/dining room at first floor level.
Should this application had comprised the erection of the annex as designed under this planning application, it is considered that the existing conditions in terms of planning policy would dictate that the application would be recommended for refusal.
It is stated within the guidance note pertinent to Policy ES27 of the BBNP Unitary Development Plan that “the NPA acknowledges the requirement for garaging and ancillary buildings. Despite this, the NPA will strictly control the size of such outbuildings when they come under planning control. Single or double detached garages of appropriate dimensions will be considered, providing they are not intrusive on the wider locality, and remain subordinate to, and do not detract from the character and appearance of the main dwelling. They should be sited as unobtrusively as possible, to the side or rear of the dwelling”. It is evident that the building under consideration would not have satisfied these requirements due to its excessive scale.
Indeed, it should be noted that the original application for the structure (ref. P18389) was recommended for refusal by Officers due to its excessive size and scale and its prominent position resulting in a cramped from of development but was granted planning permission by Members further to a site inspection.
Measured against the previous approval, it is considered that it would be unreasonable to refuse the ‘retention of structure’ aspect of this proposal. It is considered that the structure, as constructed, would not have an additional material adverse impact upon the visual amenities of the area above that of the previous consent.
It remains to determine whether the principle of providing a residential annex within part of this structure, together with garaging, is acceptable. It is proposed to provide a utility room and bed/sitting room on the 1st floor (comprising the annexe) and garage, general store, WC and tool store on the ground floor.
Concern has been expressed by the previous Case Officer that the building has the characteristics of a separate dwelling house. However, the ruling in Uttlesford District Council v Secretary of State for the Environment (1991) determined that a dwelling can be ancillary to another. It was determined that there is no requirement for occupiers of such an annex to share part of the main house and it would be prudent to impose a planning condition or planning obligation ensuring that the annex remains ancillary to the main house.
Indeed, it should be noted that no washing facilities have been illustrated on the proposed plans, rendering the structure as reliant upon the main house. Added to this, the annex would share access to the public highway as well as the residential curtilage
Page 33 of 63 ENCLOSURE 6 with the main house. A planning condition will be attached to any consent ensuring that the building remains as ancillary to the main house in line with the aforementioned Case Law.
Highway Safety The Powys County Council Highways Authority have recommended refusal on the grounds of the existing access having totally obstructed visibility to the north east due to the walling alongside the driveway and the extensive laylandii hedge bounding the property. The Highways Authority considers that the provision of a self-contained dwelling would further exacerbate the hazard caused by the substandard access as it would intensify its use.
However, it is considered that the proposal does not comprise a self-contained dwelling. Nor does it comprise a development that would increase the dwellings ‘intensity’ and thus its parking requirement under the requirements of the 1993 South Wales Parking Guidelines. Whilst it is agreed that the provision of a self contained dwelling on this site would not be acceptable in terms of highway safety, it is considered that the amount of traffic entering and exiting via this already sub-standard access would not be significantly affected as the proposal would be ancillary to the use of the main house on not independent to it.
CONCLUSION
Overall, it is considered that the proposal is acceptable and it is recommended that it be approved subject to the following conditions.
RECOMMENDATION: Permit subject to Conditions
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. NP3v1, NP4v1 and NP5v1), unless otherwise agreed in writing by the Local Planning Authority. 3 The building hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as Beilibrith, Trallong, Brecon, LD3 8HF. 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 It would be contrary to the policies of the Local Planning Authority to grant planning permission for a separate dwelling in this location.
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ITEM NUMBER: 3
APPLICATION NUMBER: 09/03333/FUL APPLICANTS NAME(S): Mr Ashford Price SITE ADDRESS: Dan-yr-Ogof Showcaves Brecon Road Penycae Swansea SA9 1GJ GRID REF: E: 284197 N:216234 COMMUNITY: Tawe Uchaf DATE VALIDATED: 17 June 2009 DECISION DUE DATE: 16 September 2009 CASE OFFICER: Mr Lloyd Jones
PROPOSAL Erection of an educational and interpretation building as the National Environmental Geology Centre, with wind turbine and provision of disabled parking spaces. ADDRESS Dan-yr-Ogof Showcaves , Brecon Road, Penycae
CONSULTATIONS/COMMENTS Consultee Received Comments
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Brecknock Access No response Group Brecknock Access 30th Jun 2009 No Comment Group British Horse Society No response Countryside Council No response For Wales Countryside Council 24th Jun 2009 The Countryside Council for Wales would like to For Wales request an extension of fourteen days to the current deadline of 10 July 2009 for your consultation regarding Planning Application 09/03333/FUL: Erection of an educational and interpretation building as the National Environmental Geology Centre, with wind turbine and provision of disabled parking spaces at Dan-yr-Ogof Showcaves, due to the necessity of undertaking a landscape assessment with respect to the proposed wind turbine. Countryside Council 7th Sep 2009 We welcome the proposed use and intention for a For Wales building of sustainable design.
The inclusion of the wind turbine raises the potential for significant impact to the character and quality of this part of the National Park Landscape and for the potential for the significant impacts to bat and birds populations via bat and bird strike.
We understand from discussions today with the applicant and LPA that the applicant is likely to provide amendments to the location, type and scale of the proposed wind turbine and that a revised proposal will be provided for a significantly smaller turbine that rotates on a vertical axis and that will be sited at least 5 metres away from the building and woodland. We very much welcome this.CCW are of the view that a wind turbine meeting the above specification is unlikely to have significant impacts on birds, bats or visual amenity of the landscape, but we would look to the LPA to consider the appropriate scale and siting to ensure a significant adverse visual impact is avoided.
At present, however, details of the replacement turbine have not been submitted and it has not been formally indicated that the original circa 13metre wind turbine has been withdrawn.
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In general there is insufficient information available at present to allow a full and thorough visual impact assessment. Photomontages or some means of clearly indicating the location and size within views are required. Based on our field assessment of public viewpoints we have concerns over the views from A4067 near Dan-yr-Ogof, the public right of way on the opposite side of the valley at SN8496 1606 and the public right of way on the hill at SN8406 1650. The last view point provides particularly good views down the valley of Craig-yr-Nos and its setting.
Comments continued below. Countryside Council 7th Sep 2009 CCW response of 7th September 2009 continued: For Wales These and other viewpoints would need to be fully assessed and if the original turbine is progressed.
There is also presently insufficient information available on bat populations foraging and commuting within the woodland or along the edge of the woodland to allow an assessment of the potential scale of impact from the original proposal for the wind turbine or indeed of any other wind turbine within or at the edge of the woodland.
CCW therefore objects to the wind turbine proposal, because there is not enough information of us to assess the possible effects on the National Park landscape or on bat populations.
If the applicant withdraws the original proposal and replaces this with a wind turbine of the type, scale and location referred to above, CCW would withdraw its holding objection and leave it to the planning authority to determine. Environment Agency 3rd Jul 2009 No objection to the aforementioned planning Wales consultations and our generic information note for developers applies. Forestry Commission No response National Park No response Geopark Development Officer NP Ecologist 22nd Jun 2009 Prior to the determination of reserved matters, the applicants should seek further expert advice on the risks posed by the current proposed location of the
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wind turbine on collision by birds or causing the death of bats viz points made in paragraphs 2 and 3 above. If this risk is considered to be real, then mitigation should include alternative locations for the turbine or other means of discouraging birds or bats from approaching it. This may require some compromise to be made on landscape impact of the turbine.
Whilst the evidence on the effects of wind turbines on wildlife is still developing in the scientific sphere and all of this evidence is based upon the effects of large turbines and wind farms, I do not wish to labour this advice. However, given the environmental credentials of this application, I suggest that it would be prudent for the applicants to undertake this investigation.
This advice is provided in accordance with TAN 5 (revised draft), Section 40 of the NERC Act 2006 and UDP policies Q4 and Q5. NP Ecologist 26th Aug 2009 I have advised the applicant to relocate the wind turbine away from the woodland in order to mitigate the risk to birds and bats that might forage along the woodland there. Just mammals has suggested or supported the idea of undertaking an ecological study of the potential impacts of the wind turbine on bats and birds and has asked whether this could be delayed as a secondary development.
I would be happy to support either of two ways forward: i) to install the wind turbine at a later date, having carried out an ecological study, using a dummy structure, on bat and bird behaviour/risks to these animals, and designing the turbine accordingly. ii) Installing the turbine up front on a temporary basis and carrying out a similar ecological study with a commitment by the developer to re-design turbine (or relocate) if this is recommended from the study. Either solution I believe would make a valid contribution to other wind turbine installations in the Park and Environmental education at the centre. NP Head Of Strategy No response And Policy NP Rights Of Way No response
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Officer NP Rural Practice 16th Jul 2009 The Planning Statement makes reference to G4 of Surveyor the trees affected, most are to be carefully removed and reused in the landscaping. Do they intend to undertake this? Open Spaces Society No response Powys County 16th Jul 2009 Further to your recent consultation, I wish to make Council Building the following comments in respect of the above Regulations planning application. 1. Surface of approach to building to be firm enough to support wheelchair (ie. loose materials not suitable) 2. Ramped design including level landing areas and handrails to satisfy Approved Document M. 3. Adequate Disabled parking spaces to be provided to satisfy Approved Document M. 4. Recommend the installation of a lift from ground floor to first floor. Powys County 8th Sep 2009 No Comments Council Building Regulations Powys County No response Council Education Powys County 27th Aug 2009 No Comments Council Highways Powys County 9th Sep 2009 I have considered the statement from Barry Council Highways Tomlinson and could dispute a number of entries as being incorrect. However, I agree in principle that the solution offered would be safer and more satisfactory for visitors to Dan-yr-Ogof and the NEG Centre. The facilities provided will have to be DDA compliant, be dedicated to the public service bus only and the shelter must include the appropriate timetable board and sign. Any arrangements will have to be fully agreed with the service provider to ensure that no temptation is offered to the drivers to omit the stop because previous visits didn't result in any passengers. If it is possible that bus times are outside site opening hours then the timetables will have to reflect the omission of the new stop on these particular journeys. All maintenance of the new bus stop and shelter will remain the responsibility of the site as it will remain within private ownership. I believe that the drafting of specific conditions may
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be something which requires negotiation with yourself, Veolia and our Public Transport Manager John Forsey to ensure that the arrangements are secure and acceptable for the public transport users and cannot be amended by the site owner without adequate notice and negotiation. I hope this assists you in your preparation of the report. Powys County 2nd Sep 2009 I have just been advised that I should have requested Council Highways some public transport improvements when commenting on the above application. We would like to see two bus stops on the A4067, one on each side of the access point to cater for each direction of travel. They should include a paved waiting area, castle kerbs, shelter, yellow box markings, a crossing point and an appropriate amount of linking footway between the stops, the existing footway and the access to the site. I will send a diagram of the approximate layout for your information. I trust these facilities can be negotiated into the scheme or form part of the section 106 obligations in order to promote the use of public transport. Powys County No response Council Public Art Powys County No response Council Public Open Space Powys County No response Council Transportation Ramblers Association No response Powys Tawe Uchaf 27th Jul 2009 No Objection Community Council The Design 5th Aug 2009 A full copy of the Design Commission for Wales Commission For report is available to view on the Planning File and a Wales summary of the comments are provided within the main body of the report below.
CONTRIBUTORS
NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY
RELEVANT POLICIES
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G3: “Development in the National Park” (Unitary Development Plan 2007) G4: “Development Affecting Trees” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) S10: “Solar Energy” (Unitary Development Plan 2007) S12: “Wind Energy” (Unitary Development Plan 2007) Q4: “Protected and Important Wild Species” (Unitary Development Plan 2007) Q20: “Development relating to the enjoyment of” (Unitary Development Plan 2007) Q21: “Rights of Way and Long Distance Routes” (Unitary Development Plan 2007) LPG2: “Allocation of Land for development.” (Local Plan 1999) LPG3: “Development in the National Park.” (Local Plan 1999) LPG7: “Design and energy conservation.” (Local Plan 1999) LPG8: “Accessibility and safety.” (Local Plan 1999) LPCL5: “Wildlife and landforms.” (Local Plan 1999) LPCL7: “Wildlife and landforms.” (Local Plan 1999) LPT1: “Tourist, recreation and education.” (Local Plan 1999)
PLANNING HISTORY App Ref Description Decision Date
08/02346/REM Erection of a National Showcaves Application 17th Jun 2009 Centre for Wales Educational and Withdrawn Environmental Interpretation building, as an extension to the existing facilities
P21203 Erection of a National Showcaves Application 4th Jan 2006 Centre for Wales, Educational Permitted and Environmental Interpretation building, as an extension to the existing facilities
P20894 Proposed Geopark educational Application 2nd Nov 2005 building. Refused
OFFICER’S REPORT
Introduction
Full planning permission is sought for the erection of an educational and interpretation building as the National Environmental Geology Centre with wind turbine and the provision of disabled parking spaces at Dan-yr-Ogof Showcaves, Glyntawe.
Site Description
The application site lies within the existing Dan-yr-Ogof Showcaves complex, which is
Page 41 of 63 ENCLOSURE 6 located within the Upper Swansea Valley and forms part of the Fforest Fawr Geopark. The application site comprises an area of land measuring some 0.8 hectare. The application site includes a tree lined access road into the Dan-yr-Ogof Showcaves complex off the A4067 and a parcel of land facing the junction of the internal access road that runs in a southerly direction to the showcaves and in a northerly direction to the camp site
The parcel of land to the west of the internal access road is irregularly shaped, but has a frontage on to this road of approximately 90.0m and a maximum depth of 36.0m. The application site slopes steeply upwards from its frontage onto the internal access road, with the submitted site sections indicating at its steepest point the rear boundary of the site being some 8.6m higher than the front of the site. In order to facilitate the geological investigations at the site, a number of trees and undergrowth have been cleared. The site forms part of a wider band of trees and there are views into the site from the valley opposite.
Relevant Planning History
This part of the application site has been subject to a number of planning applications. Outline planning permission (planning reference: P21203) for the erection of a National Showcaves Centre for Wales, Educational and Environmental Interpretation Building, as an extension to the existing facilities was approved on 4th January 2006. A reserved matters planning application (planning reference: 08/02346/REM) was submitted to the Local Planning Authority on 29th October 2008 and was subsequently found to be invalid as the proposed building was situated on land outside the red line area as approved under the outline planning permission (P21202). The reserved matters planning application (08/02346/REM) was subsequently withdrawn on 17th June 2009.
Initial Proposal
The scheme as originally submitted as part of this submission sought planning permission for creation of an educational and interpretation building as the National Environmental Geology Centre. It is proposed to construct a two-storey, green-roofed building cut into the existing slope that fronts the internal access road. The building will have an overall width of 37.0m and a maximum length of 25.0m. A grass roof will extend over the main body of the building to a maximum height of 7.1m, with glass lantern and four sun pipe columns set within the roof. The displaced trees following excavation will be replanted on the roof. The submitted Design Statement estimates that a total of 1990 cubic metres of fill will be excavated from the site to accommodate the building.
The front elevation of the building is designed to represent the strata of the local geology. Glass entrance doors are proposed serving the ground floor front elevation, with two uPVC windows above serving the first floor. A first floor balcony area is proposed at first floor level and central sliding doors adjacent to cedar boarding will be a feature of the first floor front elevation. Further uPVC windows and doors were proposed in the southern and northern side elevations. Photovoltaic panels were
Page 42 of 63 ENCLOSURE 6 proposed in the southern side elevation. Those parts of the building that are not finished in stone that reflects the local strata will be finished in lime render and cedar boarding.
A total of 1534 square metres of exhibition space will be created over two floors. On the ground floor a reception area with ticket office, kitchenette, staff wc and one visitor wc is proposed. No internal access is proposed between the two floors. The original scheme indicated the provision of a 96.0m length of external ramp off the northern side elevation that will facilitate access from the ground floor to the first floor exhibition space. A kitchenette, wc and disabled wc is proposed at this level.
The final element of the scheme details the erection of a 10.4m high wind turbine that will be sited some 74.0m to the west of the rear of the building, within the existing band of trees.
The Centre will operate Monday to Sunday from 10:00 to 16:00. With regards staffing arrangements, the Business Plan highlights that an essential feature of the NEGC is that it will be capable of being managed with a minimum of staff, and that the facility will be capable of being staffed at any one time by a single individual.
In relation to visitor numbers the submitted Business Plan identifies that current visitor numbers are 90,000/annum. On page 21 of the Business Plan it is highlighted that the projections assume something in the range of holding Dan-yr-Ogof visitor numbers steady and returning over a five to seven year timespan to a target figure of 100,000/year. It is then stated that an increase of this order will enable an increase in the 42 jobs at Dan-yr-Ogof Caves and their protection in the longer term.
Two disabled parking spaces are proposed some 18.0m to the east of the entrance to the proposed building.
Design Commission for Wales Reviews
For member’s information, sketch drawings for a two-storey, earth sheltered, green roofed building cut into the hillside, which included a 25 square metres area of exhibition space were presented to the Design Commission for Wales for their review in August 2005. In response to this the panel supported the principle of the development of this site, but would need to view detailed project development and accurate costing before supporting a particular design solution. Further comments provided included: - A design solution which minimises excavation and keeps the building clear of the hillside, possibly using stepped timber frames, would be more economical and equally environmentally positive; - The ground floor elevation should be more transparent and welcoming; - The panel strongly supports the environmental aspirations and particularly the use of green roofs in this context; and - Research should be conducted to identify successful precedents which could inform any design.
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The planning application is classed as a major development as over 1000 square metres of floor space is proposed. Following the submission of this planning application, an opportunity arose for the applicant’s agent to present their scheme that forms part of this planning application at a regional Design Review Panel in Aberaeron on 22nd July 2009. The panel was pleased to review the progress of this scheme following on from the previous review and they support the proposed use and they believe that the site and brief offer the opportunity for an exciting and innovative building. However, they were unable to support the proposal and the following is a summary of the key points arising from the discussion (a fully copy of the report is available to view on the planning file):
- The viability and deliverability of the scheme are prejudiced by the lack of geotechnical investigations. If the scheme is to proceed as shown, this needs to be carried out as quickly as possible. - We believe that the advantages of a building which stands clear of the ground and steps down the site, should be properly evaluated and compared with the advantages of an earth sheltered building. - The project team appears to lack the knowledge and experience to deliver this type of construction successfully. - A BREEAM standard of Excellent should be the minimum commitment contained in the brief. We doubt this design will meet the aspiration for a zero carbon building. - Care must be taken to ensure sufficient daylight levels to the rear of the ground floor. - Composite timber/aluminum windows should be used rather than uPVC. - A landscape strategy needs to be developed to deal with minimising the disturbance to the existing habitats and landform, and to ensure trees are retained wherever possible. It is doubtful that the proposed tree planting on the roofscape can be successfully delivered. - The lack of internal access between the floors is not acceptable. Toilet provision for school groups is inadequate. - The use and nature of the exhibition layout and content should be clarified so that the developing design will complement the internal functions. - Consideration should be given to how this scheme integrates with the showcaves site as a whole. An external gathering space should be provided and the safety of the walk from the car park should be ensured.
Amended Proposal
Following the Design Commission for Wales Review amended plans were received on 14th, 19th and 25th August 2009. A copy of the Business Plan and the results of the ground investigations were provided to the Local Planning Authority, of which full copies are available to view on the planning file.
The Business Plan identifies that the exhibition centre will be unique in Britain and will
Page 44 of 63 ENCLOSURE 6 be devoted to the promoting an understanding of how geology effect humans and environmental issues for the general public, school pupils and students. Grant aid of approximately £3,022,000 will be sought for the capital project. The project will be initiated and managed by trustees of the National Environmental Geology Centre, a charitable trust in close co-operation with Dan-yr-Ogof Showcaves.
Appendix 5 of the Business Plan is pertinent in relation to how the two exhibition spaces will be utilised. On the ground floor, the exhibition is focused on geology and four zones will be created. These include geological evolution, volcanoes and earth movements, limestone and cave formation, and exploitation of natural resources. The first floor is based around the environment and five zones that include a flyover of the landscape, habitat and ecosystems, landscape and climate change, pressures on biodiversity and natural hazards in the local area, and an interactive area. A copy of an email from the applicant to Powys Building Control dated 12th August 2009 was provided to the Local Planning Authority. This email set out that the exhibitions will run independent of one another and that safety would be compromised if an internal access was created. The applicant confirmed via email on 13th August 2009 that a further reason for keeping the exhibits separate was due to funding as it is likely to be spread over a number of years. The environmental exhibit would be equipped in year 1 and the geological exhibit the following year.
DCFW raised concerns that the viability and deliverability of the scheme are compromised by the lack of geotechnical investigations. Geotechnical investigations are normally undertaken when the project is in its infancy, which should then inform the design approach. Following the DCFW review, geological investigations were undertaken and it found that the deposits encountered were top soil over, silt and clay, and gravel with cobbles and boulders. The applicant confirmed via email on 13th August 2009 that the cost of removing the material will be around £3,000.
The revised plans incorporated the same design approach in terms of a building cut into the hillside with the front elevation replicating the strata and having an identical footprint to the initial scheme described earlier in report and the provision of photovoltaic panels on the southern side elevation. The windows were still shown to be uPVC and photovoltaic panels were retained on the southern side elevation. The applicant confirmed on 12th August 2009 that in discussions with previous officers of the National Park Authority, a green roofed building cut into the hillside was the preferred approach and that the Heritage Lottery Fund applauded the concept, and it was one of their principal reasons for their initial grant of £50,000 for a full feasibility study to be carried out in 2008/9.
It was also proposed to remove the 96.0m length of external ramp and replace it with an external glass lift and external steps to enable movement between the two floors. A gathering area is proposed at the entrance to the lift. The area of land, which previously accommodated the ramp, is to be planted with a group of 13 mountain ash, 11 birch, 3 ash and 3 cherry trees. The landscaping plan indicated the planting of hazel and hawthorn on the green roof.
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Internally, the exhibition spaces will remain unaltered, but in relation to amenities on the ground floor a wc and baby changing facilities, staff kitchenette and disabled wc is proposed. On the first floor, two visitor wc, staff changing room and wc, and kitchenette is proposed.
The final alteration related to the relocation of the freestanding wind turbine to a position some 20.0m to the east of the front elevation of the building, immediately adjacent to the two disabled parking spaces that are proposed to serve the building.
Further concerns with regards these revisions were raised with the applicant’s agent in a letter dated 26th August 2009 and at a subsequent meeting with the design team and applicant on 2nd September 2009. The issues that required their full consideration included:
- Location of wind turbine; - Optimising the solar gain from the photovoltaic panels and achieving a BREEAM of excellent; - The use of alternative windows to uPVC windows; - Removal of trees from the green roof of proposal; - Planning Obligations
Amended plans were received on 7th September 2009 that addressed the first four issues. The design of the building and siting remains unaltered, but the wind turbine has been removed from the area adjacent to the disabled parking spaces and a helix wind turbine was place on the roof. Further concerns were raised with the applicant’s agent on 8th September 2009 regarding the lack of integration of the turbine within the existing building. Further revisions were received on 9th and 10th September 2009 and a helix wind turbine will now be mounted to the southern corner of the front elevation. All trees have been removed from the roof and this will now be a sedum roof with the photovoltaic panels set on the roof. Aluminium windows are proposed instead of uPVC.
The amended Design and Sustainability Statement (p.10) states that the building aspires to be low or carbon zero. Clarification was sought as to whether a BREEAM standard of excellent is achievable. At the time of writing this report the applicant’s agent has confirmed that following an initial discussion with the BREEAM assessor setting a standard of excellent is not normal or even necessarily achievable. The normal planning condition in his experience is one of very good for a building over 1000 square metres and working towards the excellent rating. Planning obligations will be a matter that will be dealt with later in the report.
Planning Policy Context
Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but was adopted for development control purposes. The UDP
Page 46 of 63 ENCLOSURE 6 therefore provides a more up to date and relevant planning framework. This application is considered against policies G3, G4, G6, S10, S12, Q4, Q20 and Q21 of the UDP and policies LPG2, LPG3, LPG7, LPG8, LPCL5, LPCL7 and LPT1 of the Local Plan. Local Plan policies will only be considered where they differ significantly from their UDP counterparts.
Policy G3 (ii) of the UDP allows for development outside the “white areas” of the settlements as shown on the proposal map where there are justified by policies which enable development in the countryside. In this particular case the site lies outside the settlement development boundary as shown on the UDP’s Proposals Map and in this case policy Q20 is relevant.
Policy Q20 states that proposals for the use or development of land for tourism, recreation or education, or to extend existing development of this kind will be permitted where they: i) Are appropriate to their setting in the park in character, scale and design; ii) Will not have an unacceptable impact on the identified Visitor Pressure Areas or on the qualities of the Remote Area; iii) Will not conflict with the National Park Road hierarchy by drawing substantial additional recreational traffic on to tourist pressure routes or single carriageway minor roads; and iv) Will not have an unacceptable adverse effect on the amenity of the area or the public’s enjoyment of it, or the legitimate use of nearby land.
Policy G3 (iii) aims to ensure that the scale, form, design, layout, density, intensity of use and use of materials will be appropriate to the surrounding and will maintain or enhance the quality and character of the Park’s landscape and built environment. Policy G6 refers to design and states that development will be expected to meet the WAGs key design objectives and respond to the local context.
Policy G3 (iv) relates to landscaping and that native plant species of local provenance shall be used.
Policy G3 (v) of the UDP aims to ensure that any proposed development does not have an unacceptable impact on the amenity of the area, adjacent properties or the general public.
Policy G3(vii) refers to highway safety and that proposal is compatible with the existing road hierarchy. Paragraph 3.15 of Technical Advice Note 18: Transport (2007) refers to tourism proposal in rural areas and highlights that such proposals should demonstrate access by a choice of modes to avoid locking in the requirement for travel by car. Paragraph 7.1 goes on to say in relation to public transport that where enhanced public transport services or infrastructure is necessary to serve new development, but provision on a commercial basis is not viable, a contribution from developers towards an agreed level of service or infrastructure provision may be appropriate.
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Policy G3 (ix) requires development to provide adequate means of access and parking space to cater for the traffic generated by the proposal.
In relation to those with limited mobility policy G3(xi) is pertinent.
Policy G4 is relevant in relation to trees and points out that sites containing trees which are considered valuable to the amenity of the area the NPA will seek to ensure the trees and their roots are retained and adequately protected prior to, during and after development. Where trees are lost replacements will be required.
Policy Q4 refers to protected and important wild species and states that proposals on land or buildings that support protected or important species will only be permitted where: i) the need for the development outweighs the nature importance of the site, and in the case of European Protected Species, the criteria for derogation under the Habitats Regulations are met; ii) positive measures are provided to contribute to species and habitat conservation targets; and iii) the developer proves to the satisfaction of the NPA that a) the disturbance of the species and habitat function is kept to a minimum; or b) alternative areas are provided to sustain at least the current levels of populations or size of habitat affected by the proposal.
In addition Planning Policy (Wales) (March 2002) [section 5.5.11] states that “the presence of a species protected under European or UK legislation is a material consideration when a local planning authority is considering a development proposal, which, if carried out would be likely to result in disturbance or harm to the species or its habitat.”
Policy Q21 refers to rights of way and long distance routes and by virtue of this policy development that would prevent or adversely affect the use of a public right of way or route with potential to form a long-distance walking, riding or cycling path will only be permitted where an equivalent alternative route can be provided.
Policy S10 relates to the provision of solar energy and that proposals will be permitted where they will not have a significant detrimental effect on a listed building or conservation area, and that they can be satisfactorily incorporated into the fabric of an existing building without an undue loss of amenity, or form part of an integral part of the design of a new building.
Policy S12 refers to the provision of wind energy and that it will be permitted where there is no unacceptable impact either individually or cumulatively to the special environmental qualities of the park, it is sited as to minimise the impact on the landscape it will not lead to any nuisance, ancillary works and structure are minimized, new links to the electricity grid are minimised and provision is made for the removal of redundant turbines and associated structures.
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Principle of Development
The principle of establishing an educational and interpretation building as the National Environmental Geology Centre has previously been considered to be acceptable under planning reference P21202, but this outline planning permission elapsed in January 2009. Notwithstanding this, it is considered that the use of the application site as the National Environmental Geology Centre is considered to be acceptable subject to a number of material planning considerations. The material planning considerations that are considered to be important in the determination of this application are:
1. The visual impact the proposed building with associated photovoltaic panels and wind turbine will have on the character and wider landscape of the National Park; 2. The impact an additional attraction will have on neighbour amenity and the general public’s enjoyment of the area; 3. The affect any additional traffic will have on highway safety and the impact on any public right of way; 4. Whether the loss of trees has been sufficiently mitigated against in terms of appropriate replacement planting and landscaping; 5. Whether there will be any undue impact on protected species; 6. The sustainability credentials of the proposal; 7. Will the proposal place additional pressure on existing facilities and is there a need for planning obligations in accordance with the Authority Approved Planning Obligation Strategy to mitigate against this.
Visual and Landscape Impact
The building has been designed so that it is cut into the hillside. Such a design approach is not favoured by the Design Commission for Wales as they would prefer a design that is stepped into the hillside. The surrounding area is characterised by a continuous band of trees, and on balance it is considered an earth sheltered building would be more appropriate to its setting and less visually intrusive than a building standing proud of the hillside.
A particularly interesting feature of this scheme is the provision of the strata on the front elevation of the building, which reflects the local geology of the area. In order to ensure that the development is finished to a high standard it is imperative that layers of rock are indeed natural and an appropriately worded condition should be added to any planning permission to safeguard this. While on the issues of materials, as discussed earlier in the report, uPVC doors and windows were proposed, but the Local Planning Authority had serious concerns, as did the Design Commission for Wales over this aspect of the proposal. Aluminium windows are now proposed and it is considered that this is a sustainable alternative, which will complement the remaining external materials of cedar boarding and lime render and will enhance the quality of the scheme.
The proposal will have a maximum height of 7.1m and the sedum roof proposed will
Page 49 of 63 ENCLOSURE 6 help integrate the building to the wooded area at the rear of the site. The trees have been removed from the roof, while photovoltaic panels facing due south are place on the roof. The previous location of the wind turbine was considered to be unacceptable by the Authority and CCW, as it would have been a dominant feature when viewing the site from the A4067 and the surrounding public rights of way. It was also felt that it would undermine the character of the building itself. The revised plans incorporate these sustainable elements into the external fabric of the building itself and this is considered to be a satisfactory alternative. Moreover this will not only be a useful educational tool for visitors, but will improve the overall design of the building and result in a less visually intrusive form of development when viewing the site from the surrounding public vantage points.
Finally, the visual impact of the proposal has been reduced further by the removal of the 96.0m length of ramp that was originally proposed off the northern elevation and a number of trees will be planted in this part of the site. Upon reflection it is considered that the design and scale of the revised proposal is appropriate in this location and will safeguard the special qualities of this part of the National park.
Neighbour Amenity
Due to the location of the property within the existing showcaves complex it is considered that there are no issues regarding any undue impact on neighbour amenity or any material harm to the general’s public enjoyment of the surrounding countryside.
Highway Safety and Public Rights of Way
Powys County Council Highways Section in their original consultation response had no objection to the proposal. However, since their original response they have requested the provision of two bus stops on the A4067, one on each side of the access point to cater for each direction of travel. In their response they go on to say that this should include a paved waiting area, castle kerbs, shelters, yellow box markings, a crossing point and an appropriate amount of linking footway between the stops, the existing footway and the access to the site.
The Business Plan sets out that visitor numbers will remain steady over a period of five to seven years, with a target figure of 100,000 visitors/years. The creation of this additional facility within the Showcaves complex will therefore place added pressure on the surrounding road network, and the provision of bus stops will help encourage visitors to use public transport.
In the initial response (26th March 2009) from the Highways and Transportation Manager of Powys County Council to the applicant’s agent when preparing their Planning Obligation Statement of Intent, a copy of the correspondence from Powys County Council identified that as the applicant is a Charitable Trust they would not intend to apply planning obligations in this case. Notwithstanding this, the status of the applicant as a Charitable is not a material planning matter. The Local Planning Authority
Page 50 of 63 ENCLOSURE 6 believed that it was vital on highway safety and sustainability grounds to secure these contributions through a Section 106 agreement.
In accordance with the Authority Approved Planning Obligations Strategy, negotiations were held with the applicant and his agent regarding securing the off-site provision of bus stops at the entrance to the site. On 7th September 2009, the applicant provided a Transport Statement detailing that they are willing to adapt an existing stone building close to the main entrance and with the agreement of the bus operator allow buses on the X63 bus route to enter the site. Powys County Council’s Highway Section agrees that in principle this would be satisfactory. A copy of an agreement with bus operator Veolia has been provided to the Authority, thus providing a certain degree of confidence that this is achievable. The applicant has provided a statement clarifying that he is willing to allow the bus on route X63 Brecon to Swansea to use their access road and land as a bus stop, but as requested has not confirmed their commitment to allow unrestricted access. Furthermore, clarification was sought that should the on-site bus stop not be achievable they would be willing to enter into negotiations to secure off-site provision. Despite a request for this via email on 9th September 2009, the applicant has not provided any commitment for this option. Should it arise that as a result of further negotiations between the LPA, Powys County Council Highways, Veolia and the landowner that the on-site provision of the bus stop cannot be secured through a Section 106 agreement, the planning application would fail and a refusal on the grounds of highway safety and sustainability would be justified.
The Local Planning Authority believe that the solution outlined above is an appropriate alternative to the provision of two bus shelters on the A4067 and will provide visitors with an alternative and more sustainable option to the private car, which will ultimately reduce the pressure on the existing road network. It is therefore considered that subject to the applicant entering into a Section 106 legal agreement to secure the on- site provision of the bus stop the proposal is acceptable on highway safety grounds.
Finally, the proposal will not adversely affect any public right of way.
Loss of Trees and Landscaping
In order to accommodate the development a number of trees will need to be removed from the site. The submitted Tree Survey identifies that the trees on the site were predominantly in a fair to poor condition. The submitted landscaping statement aims to mitigate against this by significant tree planting to north and west of the building with a mix of native species including cherry, ash hazel, mountain ash and birch. On balance it is considered that this will sufficiently mitigate against the loss of trees that are currently or have been removed from the site to facilitate geological investigations on the application site. The landscaping details illustrate the removal of trees from the sedum roof of the building and this is now considered to be acceptable.
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Ecological Impacts
Concerns were raised by the National Park’s Ecologist and CCW over the location of the initial position of the wind turbine within the band of trees to the rear of the proposal and the affect this would have on birds and bats foraging in the area. This was subsequently relocated to adjacent to the parking area, but for reasons outlined earlier in the report this was considered to be visually unacceptable. CCW in their response identified that they would remove their objection if the location, type and scale of the turbine were revised. A helix wind turbine is now incorporated within the external fabric of the building.
The National Park’s Ecologist note that there is very little research available of the impact turbines have on bats and birds. In light of the fact there is no conclusive evidence to fully understand the impact such a turbine will have on birds and bats foraging in the surrounding area and that neither CCW or our Ecologist offers any robust objection it is, therefore considered that the proposal will have a limited ecological impact. An opportunity exists for appropriate enhancement and a condition requiring a scheme of bat and bird boxes should be added to any planning permission.
Sustainability Considerations
The proposal seeks to incorporate a wind turbine and photovoltaic panels on the sedum roof. The submitted Sustainability Statement to support the application highlights that it is anticipated that the standard of the building design and construction may qualify for a high BREEAM rating. The Design Commission for Wales believes that a BREEAM standard of Excellent should be the minimum commitment and this is endorsed by the Local Planning Authority. One of the primary purposes of the building is to educate all sections of society about the environment and one of the themes is that of climate change, and it is disappointing that a rating of Excellent cannot be achieved. However, the Authority considers that as an absolute minimum a very good rating should be achieved and this should be conditioned accordingly.
Planning Obligations
The submitted Business Plan as referenced to elsewhere in the report sets out that it is envisaged that visitor numbers will increase from 90,000/year to 100,000/year over a 5 to 7 year period. The Design Statement supports this where it is stated that this facility will bring more people to the locality and tourists will also be encouraged to use the other facilities in the area.
The report above has dealt with highway developer contributions, which are a category 2 contribution. No further category 2 developer contributions in relation to education, public open space and public art are being sought by Powys County Council.
Although the submitted Planning Obligation Statement of Content has dealt with category 2 developer contributions it has not addressed category 1 contributions.
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Internally, the Geopark Officer, Warden’s Team and our Ecology Section have been consulted on the application and whether there is any requirement for category 1 contributions. No further developer contributions are being sought.
Conclusion
The principle of the development of this application site for the provision of a National Environmental Geology Centre is considered to be acceptable. The revised design approach has sought to address some of the issues raised by the Design Commission for Wales through the removal of the external ramp, use of aluminium windows, together with the incorporation of renewable technologies within the fabric of the building. On balance it is considered that the proposal will result in a building that not only responds to its setting but will attempt to embrace what it is trying to promote.
The landscaping proposed will also ensure that the loss of the existing trees will be mitigated against and enable the green roofed building to sit sympathetically within this landscaping. However, by the very nature of the proposal and as stipulated in the Business Plan and Design Statement, the proposal will result in an increase in visitor numbers, which will place increasing pressures on the surrounding road network. One way that this was considered to be mitigated against was through the promotion of the use of public transport through the provision of bus stops either side of the A4067, close to the main entrance of the site. Nonetheless, the applicant provided a Transport Statement on 7th September 2009, which made a case for the on-site provision through the utilisation of an existing building on the site. It is considered that this is an acceptable solution and subject to the applicant entering into a Section 106 legal agreement to secure this, the proposal is considered to be acceptable.
The proposal is considered to be in accordance with policies G3, G4, G6, S10, S12, Q4, Q20 and Q21 of the UDP and policies LPG2, LPG3, LPG7, LPG8, LPCL5, LPCL7 and LPT1 of the Local Plan as well as the Authority approved Planning Obligation Strategy.
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. NP1v1, NP2v5, NP4v3, NP9v3, NP10v4, NP15v2, NP16v4 and NP17v1), unless otherwise agreed in writing by the Local Planning Authority. 3 The rock strata as shown on approved drawing number NP2v5 (received 10th September 2009) shall be of local natural stone and samples of each layer of strata along with a sample detailing the external colour of the lime render and all other external materials shall be submitted to and approved in writing by the
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Local Planning Authority. The development shall be carried out in accordance with the approved details. 4 Prior to the commencement of development trade details of the windows, doors and roof lantern to be used in the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and any replacements shall be of similar materials, unless otherwise agreed in writing with the Local Planning Authority 5 All planting, seeding or turfing hereby approved on drawing number NP16v4 shall be carried out in the first planting and seeding seasons following the occupation of the building or the completion of the development, whichever is the sooner, and any trees or plants which within a period of five 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, unless the Local Planning Authority gives written consent to any variation. If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the five year defect period. 6 No development shall be commenced on the site or machinery or materials brought onto the site for the purpose of development until adequate measures have been taken to prevent damage to those trees which are to be retained. Measures to protect those trees shown must include:
(a) Fencing, of a type and form agreed in writing with the Local Planning Authority, must be erected around each tree or group of trees. This fencing must be at least 1.25 metres high and at a radius from the trunk defined by the canopy spread.
(b) No excavations, site works, trenches, channels, pipes, services, temporary buildings used in connection with the development or areas for the deposit of soil or waste or for the storage of construction materials, equipment or fuel or other deleterious liquids shall be sited within the crown spread of any tree without the prior written consent of the Local Planning Authority.
(c) No burning of any materials shall take place within 6 metres of the furthest extent of the canopy of any tree or tree groups to be retained.
(d) There shall be no alteration of soil levels under the crown spread of any tree or group of trees to be retained. 7 The use of the building for the purpose hereby permitted shall remain ancillary and subservient to the primary use of the premises namely National Showcaves for Wales Centre and shall not become the primary or a separate use at any time. 8 The building hereby approved shall be used for educational/interpretative purposes and for no other purpose (including any other purpose in class D1 of the Schedule to the Town and County Planning (Use Classes) Order 1987), or in any provision equivalent to that Class by any statutory instrument amending,
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revoking and re-enacting that Order. 9 Notwithstanding the approved plans, prior to the commencement of development, full manufacturer details and elevations of the external lift and associated equipment shall be submitted to and approved in writing to the Local Planning Authority. The development shall be carried out strictly in accordance with the approved details. 10 The non-residential building hereby permitted shall be constructed to achieve a minimum Building Research Establishment BREEAM (or subsequent equivalent quality assured scheme) overall ‘Very Good’ and achieve 6 credits under category Ene1 in accordance with the requirements of BREEAM 2008. 11 No development shall begin until details of a 'Design Stage' assessment and related certification have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out entirely in accordance with the approved assessment and certification unless the Local Planning Authority shall otherwise consent in writing. 12 Following practical completion of the final building in each defined phase, no building unit shall be occupied until a 'Post Construction Stage' assessment has been carried out in relation to it, a Final Certificate has been issued for it certifying that ‘Very Good’ and 6 Credits under Ene1 has been achieved. 13 No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works has been submitted to and approved in writing by the Local Planning Authority. Such scheme shall be implemented before the first use of the development hereby approved. 14 Prior to the development hereby permitted being first brought into use, the bus lay-by and bus shelter with passenger timetables shall be provided on site. Details of the lay-by, and type and location of the bus shelter shall be submitted to and agreed in writing with the Local Planning Authority prior to installation. The development shall be carried out in accordance with the approved details. 15 Prior to the commencement of the development hereby approved, a scheme for the provision of bat boxes and bird boxes within the site shall be submitted to and approved in writing by the local planning authority. The scheme shall be carried out in accordance with the approved details. 16 Prior to the commencement of the development hereby approved, a scheme for the secure parking of cycles within the site shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.
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 In the interests of conserving the character of the building 4 In the interests of conserving the character of the building 5 In order to protect the visual amenities of the area.
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6 To ensure adequate protection to existing trees which are to be retained, in the interests of the character and amenities of the area. 7 To retain control over the use permitted and ensure the premises remain as a single planning unit 8 To retain control over the use of the premises in the interests of the amenities of the area. 9 In the interests of the visual amenity of the area. 10 To ensure a sustainable form of development 11 To ensure a sustainable form of development 12 To ensure a sustainable form of development 13 To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal. 14 To improve public transport access to the development, in the interests of promoting sustainable means of transport to the private car. 15 In the interests of nature conservation 16 To ensure adequate provision for cyclists
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ITEM NUMBER: 4
APPLICATION NUMBER: 09/03548/FUL APPLICANTS NAME(S): Airwaves Solutions Ltd SITE ADDRESS: Ysgubor Ganol Pengenffordd Talgarth Powys LD3 5ES GRID REF: E: 319019 N:226946 COMMUNITY: Talgarth DATE VALIDATED: 18 August 2009 DECISION DUE DATE: 13 October 2009 CASE OFFICER: Miss Eleri Davies
PROPOSAL Proposed installation of 1 No 960mm diameter v-sat dish and 1 No 1200mm v-sat dish on 2.6m support posts and new ground level generator at existing telecommunications site. ADDRESS Ysgubor Ganol, Pengenffordd, Talgarth
CONSULTATIONS/COMMENTS Consultee Received Comments
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Environment Agency 11th Sep 2009 Standard advice applies. Wales NP Ecologist 24th Sep 2009 The surrounding countryside is rich in hedgerows and woodland blocks that are likely to support a wide range of protected species, most notably bats and otters associated with watercourses. The application site lies in a field corner bounded by a well connected network of hedgerows. The section of hedge in immediate proximity to the site is not particularly notable in its species range being dominated by elder with occasional hazel, hawthorn and holly. The site does not break the connections in this habitat network, and the existing screening planting makes a limited contribution to the vegetation cover. No evidence was recorded of protected species resting sites in immediate proximity to the application area.
In view of the survey findings and the limited scale of the proposed development in constructing two ground mounted telephone aerials on previously installed concrete slabs, there will be no significant impact on protected species. Powys County 27th Aug 2009 No comments. Council Highways Talgarth Town 22nd Sep 2009 Application supported by majority of Town Council Council subject to adequate sound insulation being provided in respect of the generator. Cllr Bob Martin expressed reservations based on public opinion. Talgarth Town 15th Sep 2009 Application supported by majority of Town Council Council subject to adequate sound insulation being provided in respect of the generator. Cllr Bob Martin expressed reservations based on public opinion.
CONTRIBUTORS Bryan Craven & Nicola WIllis, Lower Panteg, Pengenfford Suzanne Farmer, Upper Panteg, Pengenffordd Douglas Coleman, Ysgol Hen,, Pengenffordd Tim Morgan, Glannant Farm, Cwmdu, Talgarth, Brecon,
NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY
One email summarised as follows:
- Following recent applications from Airwave Solutions Limited regarding this site (P15887) (P20291)(07/01420/FUL) and at Castle Dinas (08/01609/FUL), it cannot
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be denied that this TETRA upgrade application is a very sensitive issue within the community of Pengenffordd - The decision not to advertise the application in the local press amounts to a denial of the community's right to have the opportunity to comment - Work has already taken place including tree/shrub felling and trimming, groundworks and laying of concrete slabs - Site notice is dated 28th August 2009 and the 21 day consultation period has not yet expired - Irregularities on the application form: sections 14 Biodiversity and Geological Conservation; 16 Trees and Hedges; 23 Industrial or Commercial Processes and Machinery; and 24 Hazardous Substances - Lack of International Commission on Non-Inoizing Radiation Protection (ICNIRP) Compliance Declaration - Health concerns from exposure to radiation - BBNPA is responsible for protecting all aspects of its population, natural beauty, biodiversity and amenity from unsuitable and unnecessary developments - Airwave has failed to justify the need to erect 2 large satellite dishes and install a diesel generator in open countryside within a National Park - Airwave pervert the planning process, infringe Human Rights and contradict themselves - Proposal will further despoil the countryside and cause more visual intrusion within the National Park - Wider implications for the community - Irregularities, questions, technical details and fears which need to be addressed. - Urge the LPA to protect the environment and community of Pengenffordd from this unproven intrusive technology which forms part of this application.
RELEVANT POLICIES
G3: “Development in the National Park” (Unitary Development Plan 2007) ES51: “Telecommunications Installations” (Unitary Development Plan 2007) LPG3: “Development in the National Park.” (Local Plan 1999) LPPU10: “Telecommunications” (Local Plan 1999)
PLANNING HISTORY
App Ref Description Decision Date
07/01420/FUL 2 no. 300mm diameter Application 10th Jan 2008 transmission dishes to the Permitted existing mast at Ysgubor Ganol with LPG Cylinder Enclosure and Equipment Cabinet at ground level. P20291 Replacement of single antenna Application 17th May 2005 with 2 No. antennas and 1 No. Refused
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0.6m transmission dish, ground level air waves cabinet and 0.9m dish. P15887 Erection of 15 metre mast with Application 2nd Jun 1998 omni directional and dish antenna Refused and equipment cabin at ground level
OFFICER’S REPORT
This application is being reported to the Planning, Access and Rights of Way (PAROW) Committee following a Member call-in request. The reasons for the call-in relate to widespread opposition to an earlier application and considerable community disquiet at a subsequent upgrade of this site under delegated powers.
This application seeks full planning permission to add a new transmission dish, support posts and ground level generator at an existing telecommunications site at Ysgubor Ganol, Pengenffordd, near Talgarth. The site is in area defined as open countryside in the Brecon Beacons National Park Unitary Development Plan 2007 (‘the UDP’) and the Brecon Beacons National Park Local Plan 1999 (‘the Local Plan’). All works forming part of this application are within the existing compound.
SITE DESCRIPTION
The site is within a remote location adjacent to a narrow country access lane. The existing mast is approximately 16 metres in height from ground to the tip of an existing antenna. The existing equipment is located in a compound in the corner of a field surrounded by timber fencing, trees and hedges.
The existing mast is a dedicated system for the exclusive use of the UK’s emergency and public safety organisations including the police, fire, rescue and ambulance services. The original application (P15887) was refused by this Authority and an appeal against this decision was subsequently upheld and the development allowed by the Planning Inspectorate Wales. A later application (P20291) for the replacement of a single antenna with two antennas and additional transmission dishes was refused. Application 07/01420/FUL for additional telecommunications equipment was permitted in January 2008.
PROPOSAL
This application seeks permission for the addition of 1 No 960 mm diameter v-sat transmission dish and 1 No 1200 mm v-sat transmission dish on 2.6 metres support posts within the existing mast compound; both to be coloured green. The proposal also involves the installation of a diesel generator at ground level as well as ground works to accommodate the proposals.
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The accompanying Design and Access Statement states that the site is rated green under the Traffic Light Rating. It is stated that the Government requires enhancements to the Airwave service, known as Ground Based Network Resilience (GBNR), which involves providing a network of radio links between existing base stations using line of sight dish antennae or v-sat dishes. It is also stated that these enhancements are to ensure that the sites continue to provide full network communication to the emergency services and public safety organisations in the event of network failure. The proposed generator is intended only to be used when there is a cut in the mains power supply to the site. There is no new landscaping proposed as part of this scheme as the applicant considers the equipment would be screened by existing trees and foliage in the immediate locality.
RESPONSE TO THIRD PARTY COMMENTS
The type of publicity required to accompany a planning application is statutorily governed by the Town and Country Planning (General Development Procedure) Order 1995 (SI 1995/419) ('the GPDO 1995') and the Planning (Listed Buildings and Conservation Areas) Regulations 1990 ('the 1990 Regulations). Under the provisions of Article 8(5) of the GPDO 1995, application 09/03548/FUL was required to be publicised '(a) by site display in at least one place on or near the land to which the application relates for not less than 21 days; or (b) by serving notice on any adjoining owner or occupier'. As the application site does not affect a Listed Building or Conservation Area, the publicity requirements of the 1990 Regulations are not applicable. Your officers can confirm that publicity for the application under current consideration has been carried out fully in accordance with the statutory requirements.
For clarification, application 08/01609/FUL for two masts at Castell Dinas was publicised in the local press as this proposal affected a public Right of Way to which Part III of the Wildlife and Countryside Act 1981 applies. Article 8(3) of the GDPO 1995 requires developments affecting a public Right of Way to be publicised '(a) by site display in at least one place on or near the land to which the application relates for not less than 21 days; and (b) by local advertisement'.
Paragraph 53 of Technical Advice Note 19 'Telecommunications' (2002) (TAN19) advises Local Planning Authorities 'to consider, on a case-by-case basis, whether the statutory consultation arrangements for applications for planning permission...will adequately provide for interested parties to be notified of a particular development' and 'Authorities are strongly encouraged to undertake any additional publicity that they consider necessary to give people likely to be affected by the proposed development an opportunity to make their views known to the authority'. Due to the nature of the proposal involving the upgrade of an existing site, your officers did not consider that additional publicity in the local press was required in this case. The formal public consultation period for the application closed on the 18th September 2009 but, as is always the case, officers are willing to receive and consider any items of late correspondence from objectors/supporters up to the day before PAROW and these will be reported to Members in a verbal update.
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Health concerns are covered by separate legislation and paragraph 86 of TAN 19 states that ‘Local planning authorities should not seek to replicate through the planning system controls under the health and safety regime. Enforcement of health and safety legislation in this area is a matter for the Health and Safety Executive’. As such, health impacts are not a material planning consideration and cannot therefore be assessed as part of this proposal.
In terms of the apparent omissions on the application form, officers would comment as follows. With regards biodiversity issues raised, the National Park’s Ecology department has been consulted and confirmed that there will be no significant impact protected species due to the limited scale of the proposed development. In terms of trees and hedges, officers have requested clarification from the agents and a verbal update will be provided to Members at PAROW. It should be noted that the cutting back of trees and hedges does not in itself require consent unless the trees/hedges are protected by legislation. Where the objector refers to other omissions, officers consider that sufficient information has been provided in the supporting documents. The issues of need and visual amenity are discussed below.
CONSIDERATION
Whilst the development plan for the area includes the adopted Local Plan, it has been largely superseded by the UDP which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up-to- date and relevant planning framework. This application is considered against policies G3 and ES51 of the UDP and policies G3 and PU10 of the Local Plan. Local Plan policies will only be considered where they differ significantly from their UDP counterparts. The main considerations in this case are the effect of the development on the character and amenity of the surrounding area.
In terms of need, it has been demonstrated that the equipment is required for the efficient operation of telecommunication services for the emergency and public safety organisations. The sharing of existing masts is advocated by both national policy, through Technical Advice Note 19, and UDP policy ES51. Due to the scale of the proposal and the location of the equipment near ground level, the visual impact of the additional equipment on the surrounding area is not considered significant. Officers have considered the comments from Talgarth Town Council relating to sound insulation for the proposed generator and are of the opinion that this issue can be controlled by condition.
CONCLUSION
Officers are of the opinion that the proposal complies with the relevant criteria of policies G3 and ES51 of the UDP and policies G3 and PU10 of the Local Plan and is thus recommended for approval subject to conditions.
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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. NP1v1, NP2v1 and NP3v1 received 18.08.2009) except where otherwise stipulated by conditions attached to this permission and unless otherwise agreed in writing by the Local Planning Authority. 3 Prior to the commencement of development, a scheme of sound insulation for the proposed generator shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out fully in accordance with the approved details and retained as such in perpetuity. 4 In the event of any of the equipment hereby permitted becoming redundant it shall be removed within three months of the last use of the equipment.
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 In the interests of neighbouring amenity. 4 In the interests of the visual amenities of the locality.
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