(Public Pack)Agenda Document for Planning, Access and Rights Of

Public Document Pack

A G E N D A

3 December 2019

Dear Member,

A meeting of the PLANNING, ACCESS AND RIGHTS OF WAY will be held in at CONFERENCE ROOM, PLAS Y FFYNNON, CAMBRIAN WAY, BRECON LD3 7HP on Tuesday, 10th December, 2019 at 10.00 am when your attendance is requested.

Yours sincerely

Julian Atkins Chief Executive

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

AGENDA

ENC1 Apologies for Absence

ENC2 Chairman's Announcements

ENC3 Declarations of Interest

To receive any declarations of interest from members relating to items on the agenda. Members’ attention is drawn to the sheet attached to the attendance sheet and the need to record their declarations verbally and in writing, specifying the nature of the interest.

If Members have declared an interest in an item please ensure that you inform the Chair when you are leaving the room, so that this can be recorded in the minutes

ENC4 Appointment of Deputy Chair for Planning, Access and Rights of Way Committee

To appoint an interim Deputy Chair of Planning, Access and Rights of Way Committee with immediate effect until 19th March 2020.

Planning, Access and Rights of Way - 10 December 2019 1

ENC5 Minutes of last meeting (Pages 1 - 8)

To authorise the Chairman to sign the Minutes of the Brecon Beacons National Park Authority Planning, Access and Rights of Way Committee held on 29th October 2019. ENC6 Local Access Forum Confirmed Minutes of the 9th July 2019 (Pages 9 - 12)

To receive a copy of the Local Access Forum Minutes ENC7 Development Control Reports for Decision

To receive a report on Non-delegated Applications

Item 1 Non Delegated Report 19 17888 FUL (Pages 13 - 24)

Item 2 Non Delegated Report 19 17952 FUL (Pages 25 - 40)

Item 3 Non Delegated Report 19 17602 FUL (Pages 41 - 70)

ENC8 Development Control Related Matters for Noting

Item 1 Delegated Decision Report (Pages 71 - 80)

Item 2 Agricultural Notifications Report (Pages 81 - 82)

Item 3 Fringe Applications Report (Pages 83 - 90)

Item 4 Appeals Summary Report (Pages 91 - 98)

Item 5 Planning Obligations Report (Pages 99 - 100)

Item 6 Dwellings calculation re committed sums Report (Pages 101 - 104)

Item 7 Development Management Statistics (Pages 105 - 106)

Item 8 Enforcement October 2019 figures WG (Pages 107 - 108)

ENC9 Enforcement Reports

Access to Information

Resolved that pursuant to the provisions of Section 100A of the Local

Planning, Access and Rights of Way - 10 December 2019 2 Government Act 1972, the public be excluded from the Meeting for the following item of business on the grounds that there would be disclosure to them of exempt information as defined in Paragraphs 12, 13, 17 and 18 of Part 4 of Schedule 12A of the above Act and the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Item 1 Exemption Certificate - Enforcement Delegated Decision Reports (Pages 109 - 110)

Item 2 Enforcement Delegated Decision Reports - CONFIDENTIAL (Pages 111 - 120)

Planning, Access and Rights of Way - 10 December 2019 3 This page is intentionally left blank ENC5

MINUTES OF BRECON BEACONS NATIONAL PARK AUTHORITY PLANNING, ACCESS AND RIGHTS OF WAY HELD AT CONFERENCE ROOM, PLAS Y FFYNNON, CAMBRIAN WAY, BRECON LD3 7HP ON TUESDAY, 29TH OCTOBER, 2019

PRESENT:

Powys

Cllr E Roderick (Deputy Chair), Cllr M Jones, Cllr McIntosh, Cllr McNicholas, Cllr Phil Pritchard and Cllr Ratcliffe

Monmouthshire

Cllr M Feakins

Carmarthenshire

Cllr A James

Torfaen County Borough

Cllr S Evans

Blaenau Gwent

Cllr J Hill

Rhondda Cynon Taff

Cllr G Thomas

Members appointed by the Welsh Government

Mr Julian Stedman (Chair), Mr Christopher Coppock, Mr Edward Evans, Mr James Marsden, Ms Deborah Perkin and Mr Ian Rowat

1 Apologies for Absence

Apologies were received from Cllr E Durrant.

2 Chairman's Announcements

An explanation was given by Mr J Stedman to why he didn’t chair the PAROW meeting.

Cllr E Roderick, stand in Chair, gave farewells to Grenville Ham BEM who has resigned from the Authority.

Brecon Beacons National Park Planning, Access and Rights of Way Page1 1 29 October 2019

The Chair reminded members of a Heritage Day being held on Thursday 5th December 2019 to Hay Castle.

3 Declarations of Interest

Name Enc No. Nature of Interest Mr I Rowat 5 3 Personal Mr J Stedman 6 3 Personal and non-prejudicial Cllr E Roderick 6 3 Personal and non-prejudicial Cllr M Jones 6 3 Personal and non-prejudicial Cllr I McIntosh 6 3 Personal and non-prejudicial Cllr S McNicholas 6 3 Personal and non-prejudicial Cllr P Pritchard 6 3 Personal and non-prejudicial Cllr G Ratcliffe 6 3 Personal and non-prejudicial Cllr J Hill 6 3 Personal and non-prejudicial Cllr A James 6 3 Personal and non-prejudicial Cllr M Colbran 6 3 Personal and non-prejudicial Cllr M Feakins 6 3 Personal and non-prejudicial Cllr G Thomas 6 3 Personal and non-prejudicial Cllr S Evans 6 3 Personal and non-prejudicial Mr C Coppock 6 3 Personal and non-prejudicial Mr E Evans 6 3 Personal and non-prejudicial Mr J Marsden 6 3 Personal and non-prejudicial Ms D Perkin 6 3 Personal and non-prejudicial Mr I Rowat 6 3 Personal and non-prejudicial Mr J Stedman 6 4 Personal and non-prejudicial Cllr E Roderick 6 4 Personal and non-prejudicial Cllr M Jones 6 4 Personal and non-prejudicial Cllr I McIntosh 6 4 Personal and non-prejudicial Cllr S McNicholas 6 4 Personal and non-prejudicial Cllr P Pritchard 6 4 Personal and non-prejudicial Cllr G Ratcliffe 6 4 Personal and non-prejudicial Cllr J Hill 6 4 Personal and non-prejudicial Cllr A James 6 4 Personal and non-prejudicial Cllr M Colbran 6 4 Personal and non-prejudicial Cllr M Feakins 6 4 Personal and non-prejudicial Cllr G Thomas 6 4 Personal and non-prejudicial Cllr S Evans 6 4 Personal and non-prejudicial Mr C Coppock 6 4 Personal and non-prejudicial Mr E Evans 6 4 Personal and non-prejudicial Mr J Marsden 6 4 Personal and non-prejudicial Ms D Perkin 6 4 Personal and non-prejudicial Mr I Rowat 6 4 Personal and non-prejudicial Mr J Stedman 6 5 Personal and non-prejudicial Cllr E Roderick 6 5 Personal and non-prejudicial Cllr M Jones 6 5 Personal and non-prejudicial Cllr I McIntosh 6 5 Personal and non-prejudicial

Brecon Beacons National Park Planning, Access and Rights of Way Page2 2 29 October 2019 Cllr S McNicholas 6 5 Personal and non-prejudicial Cllr P Pritchard 6 5 Personal and non-prejudicial Cllr G Ratcliffe 6 5 Personal and non-prejudicial Cllr J Hill 6 5 Personal and non-prejudicial Cllr A James 6 5 Personal and non-prejudicial Cllr M Colbran 6 5 Personal and non-prejudicial Cllr M Feakins 6 5 Personal and non-prejudicial Cllr G Thomas 6 5 Personal and non-prejudicial Cllr S Evans 6 5 Personal and non-prejudicial Mr C Coppock 6 5 Prejudicial Mr E Evans 6 5 Personal and non-prejudicial Mr J Marsden 6 5 Personal and non-prejudicial Ms D Perkin 6 5 Personal and non-prejudicial Mr I Rowat 6 5 Personal and non-prejudicial Cllr S Evans 7 3 Personal Mr J Stedman 8 3 Personal

4 Minutes of last meeting

The Chair was authorised to sign the Minutes of the Brecon Beacons National Park Authority Planning, Access and Rights of Way Committee held on 03rd September 2019 as a correct record.

5 The Review of the Rights of Way Improvement Plan

The Review of the Rights of Way Improvement Plan

Members were provided with a brief presentation by the Case Officer, Mr Eifion Jones (Rights of Way Officer).

Proposal: The proposal was put forward to Members that they would formally adopt the Amended Draft Rights of Way Improvement Plan as the BBNPA ROWIP 2019-2029.

Proposed: Cllr M Feakins Seconded: Mr I Rowat

Decision: The proposal that Members formally adopt the Amended Draft Rights of Way Improvement Plan as the BBNPA ROWIP 2019-2029 was agreed.

6 Development Control Reports for Decision

1. 18/16268/OUT – Outline: Residential development and associated works – Land North of Camden Crescent, Brecon,

Brecon Beacons National Park Planning, Access and Rights of Way Page3 3 29 October 2019 Powys, LD3 7BY

Members were provided with a brief presentation by Case Officer, Mr Matthew Griffiths.

Late Info: None

Public Speakers: None

Proposal: The proposal to be minded to overturn the officer recommendation to permit and therefore be minded to refuse this application on the grounds of the eight reasons given below was put to Members.

The eight reasons for the overturn were as follows: 1. Access of the site; 2. Impact on amenity; 3. Impact on biodiversity; 4. The emerging Local Development Plan; 5. Loss of greenspace; 6. Intensity and density of development with regard to the engineering required; 7. Drainage. 8. Additional reason for refusal (Section 106)

Proposed: Cllr G Ratcliffe Seconded: Cllr M Feakins

Decision: The proposal to be minded to overturn the officer recommendation to permit and therefore be minded to refuse this application with all eight proposed reasons minus one (The emerging Local Development Plan) was agreed.

The reasons for the overturn were as follows: 1. Access of the site 2. Impact on amenity 3. Impact on biodiversity 4. Loss of greenspace 5. Intensity and density of development with regard to the engineering required 6. Drainage 7. Additional reason for refusal (Section 106)

Proposal: The amended proposal to be minded to overturn the officer recommendation to permit and therefore be minded to refuse this application with the amended seven reasons was put to Members.

The reasons for the overturn were as follows: 1. Access of the site 2. Impact on amenity 3. Impact on biodiversity

Brecon Beacons National Park Planning, Access and Rights of Way Page4 4 29 October 2019 4. Loss of greenspace 5. Intensity and density of development with regard to the engineering required 6. Drainage 7. Additional reason for refusal (Section 106)

Proposed: Cllr I McIntosh Seconded: Mr J Marsden

Decision: The amended proposal to be minded to overturn the officer recommendation to permit and therefore be minded to refuse this application with the seven reasons below was agreed.

2. 18/16964/OUT – Land South of the A465 and North of the B4246, Govilon

Members were provided with a presentation by Case Officer, Mrs Donna Bowhay.

Late Info: From Powys County Council Highways Department this was summarised by the Officer.

Public Mr Dai Hawkins (Joint land owner), addressed members opposing the Speakers: application. A copy of his text has not been supplied for the record.

Mr Simon Grey (Applicant), addressed the members in support of the application. A copy of his text has not been supplied for the record.

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

Proposed: I Pritchard Seconded: Cllr M Feakins

Decision: The Officer recommendation to permit subject to the conditions set out in the report was agreed. A brief recess of 15 minutes was granted at this point.

3. 19/17120/FUL – Blaen Taf/Storey Arms – between the A470 and

Brecon Beacons National Park Planning, Access and Rights of Way Page5 5 29 October 2019 Taff Trail/head of Old Coach Road, Libanus, Brecon

Members were provided with a presentation by Case Officer, Mrs Ffion Bevan.

All Members declared a personal and non-prejudicial interest in this item.

Late Info: None

Public Ms Sian Shakespere (Applicant) addressed the Members in support of the Speakers: application. A copy of her text has not been supplied for the record.

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

Proposed: Mr I Rowat Seconded: Cllr P Pritchard

Decision: The Officer recommendation to permit subject to the conditions set out in the report was agreed.

4. 19/17121/FUL – The shore of Cantref Reservoir directly from the layby on the A470, Brecon to Merthyr Tydfil

Members were provided with a presentation by Case Officer, Mrs Ffion Bevan.

All Members declared a personal and non-prejudicial interest in this item.

Late Info: None

Public Ms Sian Shakespear (Applicant) addressed the Members in support of the Speakers: application. A copy of her text has not been supplied for the record.

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

Proposed: Cllr S McNicholas Seconded: Cllr A James

Decision: The Officer recommendation to permit subject to the conditions set out in the report was agreed.

Cllr G Ratcliffe leaves room

5. 19/17800/FUL – Craig Y Fro Layby on Eastern Side of A470, Brecon to Merthyr Tydfil

Members were provided with a presentation by Case Officer, Mrs Ffion Bevan.

Brecon Beacons National Park Planning, Access and Rights of Way Page6 6 29 October 2019

All Members declared a personal and non-prejudicial interest in this item. Mr C Coppock declares a personal and prejudicial interest in this item.

Mr C Coppock leaves room

Late Info: None

Public Ms Sian Shakespear (Applicant) addressed the Members in support of the Speakers: application. A copy of her text has not been supplied for the record.

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

Proposed: Cllr I McIntosh Seconded: Cllr P Pritchard

Decision: The Officer recommendation to permit subject to the conditions set out in the report was agreed.

Cllr M Feakin leaves the room Cllr M Feakin and Mr C Coppock enter room

7 Development Control Related Matters for Noting

Item 1 Delegated Applications Report

The report was noted

Item 2 Agricultural Notifications Report

The report was noted.

Item 3 Fringe Notifications

The report was noted.

Item 4 Appeals Summary Report

Ms Tracy Nettleton, Planning and Heritage Manager, gave members a brief update regarding planning application 18/16018/FUL - The White Swan, Llanfrynach.

The report was noted.

Item 5 Planning Obligations Report

Ms Tracy Nettleton, Planning and Heritage Manager, gave members a brief update.

Brecon Beacons National Park Planning, Access and Rights of Way Page7 7 29 October 2019

The report was noted.

Item 6 Commuted Sums Report

Ms Tracy Nettleton, Planning and Heritage Manager, gave members a brief update.

The report was noted.

Item 7 Development Management Statistics Report

Ms Tracy Nettleton, Planning and Heritage Manager, gave members a brief update.

The report was noted.

Item 8 Enforcement Statistics Report

Ms Tracy Nettleton, Planning and Heritage Manager, gave members a brief update.

The report was noted.

8 Enforcement Reports

Access to Information

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

Item 1 Enforcement Delegated Reports

The contents of the report were noted.

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

Brecon Beacons National Park Planning, Access and Rights of Way Page8 8 29 October 2019 ENC6

Brecon Beacons National Park Local Access Forum Confirmed Minutes of the 8th Meeting held at 2pm on Thursday 9th July 2019 at BBNPA Offices, Brecon

Present Ian Mabberley (IM) - Chairman Ian Jenkins (IJ) Richard Ball (RB) - Secretary Hywel Morgan (HM) Pam Bell (PB) Josie Pearson (JP) Philippa Cherryson (PC) Ruth Pickvance (RP) Stuart France (SF) Dave Sharman (DS) Siôn James (SJ) Toby Veall (TV)

Observers Rachel Jarvis (RJ) Natural Resources Wales (NRW) Fiona Ford (FF) Torfaen CBC/Eastern Valleys LAF Caroline Ferguson Carmarthenshire CC/Carmarthenshire LAF Eifion Jones (EJ) Rights of Way Officer BBNPA Lisa Lloyd Rights of Way Assistant BBNPA Siân Shakespear Project Officer – Public Engagement BBNPA (Item 5)

1. Welcome, Introductions and apologies IM welcomed members and observers to the meeting. Apologies were received from, Denis Murphy, Chris Waterhouse, Debra Hughes, Colin Woodley, Steve Rayner, Kathryn Whitrow, Tracy Purnell, Paul Sinnadurai, Hilda Williams and Ruth Rourke (Monmouthshire CC).

2. Confirmation of Minutes of 7th Meeting held on 11th April 2019 The minutes were accepted and the Chairman authorised to sign them as a correct record.

3. Matters arising not otherwise appearing on agenda

BMLUP Rangers - IM confirmed that Darren Harvey had been appointed as Assistant Black Mountains Ranger.

Draft Rights of Way Improvement Plan – EJ confirmed that the next step for the draft ROWIP would be for it to be presented to the BBNPA Policy Forum and then to the Planning, Access & Rights of Way Committee.

Llyn y Fan Fach access - RB confirmed that the issue with access at the filter beds was still ongoing. IM was disappointed that the issue had still not been resolved. Members agreed that the LAF should write to Jonathan Jones, Dŵr Cymru Welsh Water (DCWW). SF said that water regulators provide resources for recreation – may be an argument that could be used – SF to email IM with the details.

Page 9 RB gave an update on the planning application for the expansion of the soft car parking area. The application has been withdrawn following objections and would be resubmitted with revised plans.

Rights of Way Consultations – Members agreed to support the recent application to divert public footpath no. 17, Community of Tawe Uchaf, Powys.

4. Area Statements

IM welcomed Rachel Jarvis, Senior Natural Resources Planner (Mid Wales) at NRW, to the LAF meeting. RJ gave a presentation to members which provided background to the Area Statements and outlined the process and emerging themes. RJ explained that there would be 7 area statements in Wales with Mid Wales being the largest. NRW are currently holding workshops throughout the area to engage with partners, LAF members were invited to attend the next session to be held in Aberaeron. There would be further meetings arranged in the autumn, RJ reiterated that the area statements were an ongoing process and they would be reviewing them annually.

IM voiced his concern that BBNP sits within 3 different areas and would potentially have to deal with 3 different groups of officers. Members agreed with IM’s concerns and suggested that the LAF’s should be more involved in the process.

FF thought that the process in the South East Area was different from Mid Wales Area and suggested the LAF Members may want to attend engagement meetings in Monmouthshire. She would provide details of the main contact.

RB agreed to circulate the presentation.

5. BBNP Walks on the Web

IM welcomed SS to the meeting. SS explained that the BBNP destination website was being redesigned and as part of this process the promoted routes included on the website would be reviewed. Staff were currently involved with surveying routes and grading them according to accessibility. A selection of easier access routes would also be included on a website called Phototrails which allows a much more detailed description of the route including gradients, surface types and minimum widths. Along with photographs taken along the trail this will allow users with disabilities an opportunity to assess the route for its suitability to their own needs.

Members supported the work and RP suggested the possibility of having an app based version of the routes that could be downloaded on a mobile phone and suggested a good

Page 10 example is product called ‘Kamoot’. SS said that the main focus is on the website and that they were constrained by resources. PC added that she would like to see information advising the need for maps and navigation skills when on hill walks.

6. Local Development Plan

RB apologised on behalf of Chris O’Brian who was unable to attend the meeting but would be happy to speak to individuals or organisations on request. RB read out details of the Local development Plan update provided by email. Consultation opened on 4th July 2019 and ends on 29th July, details can be found on the BBNPA website.

Funding for access and recreation, heritage and biodiversity enhancements may be available through Section106 funding on developments around the 4 main settlements – Brecon, Talgarth, Hay on Wye and Crickhowell.

Paul Sinnadurai and Chris O’Brian had suggested that it would be useful to produce a suite of speculative projects which should ideally include elements of the areas above.

Any suggestions put forward will be held in readiness if any development is put forward which releases section 106 funding.

Any suggestions should be forwarded to RB.

7. Report to PAROW

IM presented the LAF Annual Report to PAROW on 18th June 2019. The report was well received and a number of BBNPA Members had questions which IM was able to answer. IM thought that it was useful as a way of highlighting the work of the LAF.

8. National Access Forum Update

SF attended the NAF meeting on 2nd July 2019 as the representative for the Cambrian Caving Council he agreed to provide the LAF members with an update. SF talked members through the presentation given to the NAF by Simon Pickering, Welsh Government.

9. Any Other Business

A couple of members raised the issue of walkers and duke of Edinburgh groups getting lost and the need for improved signage at key points. LL advised to email details of locations.

10. Date of next meeting

Page 11 26th September 2019, Venue to be confirmed.

Page 12 ENC7Item 1

PLANNING, ACCESS AND RIGHTS OF WAY COMMITTEE 10 December 2019

Application Number: 19/17888/FUL Date Validated: 25 September 2019 Site Address: National Park Visitor Decision Due 13 December 2019 Centre Date: Libanus Brecon Powys LD3 8ER Grid Ref: E: 297734 N:226209 Proposal: Installation of 76 solar panels onto the southern facing roof of the National Park Visitor Centre, covering an area of 128m2. There will be a 300mm gap to the ridge and the eaves. The panels will be a maximum of 120mm above the slate, via an on roof system these panels will deliver a 23-94 Kwh system - resubmission of 18/16975/FUL Case Officer: Joshua Burrows Community: Glyn Tarell Reason(s) Application Authority Application Reported to Committee: RECOMMENDATION: Permit

Page 13 Page 1 of 12 1. Description of Development

1.1 The proposed development is for the installation of 76 solar panels on the southern facing roof. The solar panels would measure a maximum of 22m x 6m and cover an area of 128 metres squares. They would produce 23.94 kilowatts. The solar panels are estimated to provide 70-80% of the sites energy need over a year with the excess being fed back into the National Grid and battery storage. The battery storage would be within the existing building.

The solar panels would be fixed to rails which would be fixed to the roof. The solar panels and fixings would be black in colour. The proposed development would not affect any facilities associated with the visitor centre.

2. Site and Context

2.1 The National Park Visitor Centre is located above Libanus and is accessed from the A470 Trunk Road via a country lane. The centre is located at the foot of Mynydd Illtyd and has a visitor parking area, café and shop with plenty of open space surrounding the site for walkers to explore.

The National Park Visitor Centre is a tourist facility owned by the Brecon Beacons National Park Authority. The property has a stone and render finish to the walls, a slate roof and timber windows and doors. The facility has a large amount of outdoor space with picnic tables for public use and offers long ranging views of the Beacons from the site.

3. Planning History

App Ref Description Decision Date

10/05890/FUL Renewal of drains at the Brecon Application 4th Mar 2011 Beacons National Park Visitor Permitted Centre and installation of a pumping station.

13/10303/FUL Observatory Application 11th Mar 2014 Permitted

14/10406/FUL Childrens play area at the Application 12th Mar 2014 National Park Visitor Centre to Permitted be situated on the lawn front left of the main building occupying a space of approx 10m x 20m

18/16134/FUL Installation of two electric car Application 10th Jul 2018 charging points at the National Permitted

Page 14 Page 2 of 12 Park Visitor Centre. The two charging points to be positioned in existing car park as per attached pictures and map

18/16975/FUL Installation of 76 solar panels on Application 24th Jan 2019 the southern facing roof covering Withdrawn 128metre sq producing 23.94KW

4. Relevant Local and National Planning Policy

4.1 Brecon Beacons National Park Authority Local Development Plan and Supplementary Planning Guidance

Policy no. Policy CYD LP1 Enabling Appropriate Development in the Countryside SP9 Renewable Energy 1 Appropriate Development in the National Park 6 Biodiversity and Development 7 Protected and Important Wild Species

4.2 National Planning Policy and Guidance

Document Planning Policy Wales: 10th Edition (2018)

Technical Advice Note 8: Planning for Renewable Energy (2005)

Technical Advice Note 12: Design (2016)

5. Summary of Consultation responses

Consultee Comments

GlynTarell No comments received Community Council

NP Planning The development proposals are for the installation of 76 solar panels Ecologist on the south-east facing roof of the Visitor Centre. Bat surveys have been undertaken in May and June 2019 and low numbers of three bat species were found to be roosting at the site - Common pipistrelle, a Myotid species and Brown-long eared bats. The bat roosts are in the wings of the building and will therefore not be directly affected by the installation, but there is risk of disturbance

Page 15 Page 3 of 12 during the works. Therefore, the submission of and adherence to an Ecological Method Statement (EMS) is recommended to ensure compliance with wildlife legislation. The proposals also include a commitment to install four bird nesting boxes. The type and location of the nest boxes needs to be clarified.

Copies of the full consultation responses can be found on our website at: https://planningonline.beacons-npa.gov.uk/online-applications/?lang=EN

6. Third Party Representations

The application was advertised by way of a site notice. No comments have been received.

7. Well Being and Future Generations (Wales) Act 2015

The primary objective of Planning Policy Wales Edition 10 (2018) is to ensure that the planning system contributes towards the delivery of sustainable development and improves the social, economic, environmental and cultural well-being of Wales as required by the Well-being of Future Generations (Wales) Act 2015.

The Authority has taken into account the ways of working set out at section 5 of the WBFG Act and consider that this decision is in accordance with the sustainable development principle through its contribution towards one or more of the Welsh Ministers well-being objectives, as required by section 8 of the WBFG Act.

8. Planning Obligations:

N/A

9. Assessment:

9.1 Strategic and Spatial Choices:

The application is considered against Planning Policy Wales Edition 10 (2018) and the first stage of consideration is to assess the proposed development against the Strategic and Spatial Choices issues and the national sustainable place making outcomes. i. Good design

The proposed solar panels are located on the roof of the existing visitor centre. The proposed panels are sited on the south facing roof plane in order to produce

Page 16 Page 4 of 12 the most electricity from the sunlight available. The solar panels would be fitted to rails which in turn are fitted to the roof. The method of installation is minimally invasive and would not have a detrimental impact on the fabric of the roof. The panels and fixings are black in colour and would integrate into the existing roof. It is therefore considered to be an acceptable visual impact and would not lead to detrimental impact on the special qualities of the existing building or the national park. ii. Promoting healthier places

The purpose of the development is to generate electricity in a more environmentally friendly way, reducing the need for the reliance of fossil fuel burning power stations and in turn reducing the pollution this creates leading to a healthier environment. iii. The Welsh Language

The proposed development does not offer any advances in promoting the welsh language above and beyond what the visitor centre is currently offering. iv. Sustainable Management of Natural Resources

The proposed solar panels will result in a more sustainable method of generating electricity in that it will reduce the reliance on electricity created by burning fossil fuels. The solar panels are estimated to provide 70-80% of the sites energy need over a year with the excess being fed back into the National Grid and battery storage. This will reduce the level of fossil fuels being burnt for energy. v. Placemaking in Rural Areas

The proposal is located in an area of open countryside as defined by the LDP Proposals Map. The LDP defines countryside locations as areas unsuitable to accommodate future development in accordance with the Environmental Capacity of the National Park. The LDP defines a 15 year vision for the future of the Countryside which emphasises the importance of supporting the countryside as a living and working landscape, internationally recognised for its outstanding natural beauty and cultural traditions.

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

Criterion 5 refers to proposals for tourist attractions or recreational activities, and it is considered that the solar panels for the purpose of generating renewable energy will go some way in supporting the countryside as a living landscape in the

Page 17 Page 5 of 12 National Park. As such, the development is acceptable at this countryside location. vi. Managing Settlement Form

N/A

9.2 Assessing the sustainable benefits of development:

9.2.1 Social considerations

The panels will contribute to emphasising the importance of renewable energy within the Brecon Beacons National Park and enable the Authority to showcase good practice .

9.2.2 Economic considerations

The proposed solar panels would generate 23.94 kilowatts. The solar panels are estimated to provide 70-80% of the sites energy need over a year with the excess being fed back into the National Grid and battery storage. This will also enable parts of the building to continue to run in the event of a power outage.

The proposed development would therefore make a small but valuable contribution to the generation of renewable energy within the National Park and reduce the Authority’s reliance on fossil fuels.

9.2.3 Cultural considerations

The solar panels are considered not to have a detrimental impact on the host property and wider national park and as such do not result in any harm to the cultural heritage of the site and wider park.

9.2.4 Environmental consideration

The proposed solar panels will provide a renewable source of electricity for the building and as such will reduce its reliance on energy created by fossil fuels. This in turn has a positive impact on the environment of the National Park.

9.3 Detailed Impact Assessment:

9.3.1 Distinctive and natural places

9.3.1.1Landscape and Visual Amenity

Policy 1 of the LDP: Appropriate Development in the National Park

All proposals for development or change of use of land or buildings in the National Park must comply with the following criteria, where they are relevant to the proposal: i)the scale, form, design, layout, density, intensity of use and use of materials will

Page 18 Page 6 of 12 be appropriate to the surroundings and will maintain or enhance the quality and character of the Park’s Natural Beauty, wildlife, cultural heritage and built environment; …..

It is considered that the proposed development would be appropriate in terms of size and scale and use of materials would match that of the existing building. The proposed development would not have a detrimental impact on the character and appearance of the host property or surrounding area.

The scale of the proposed solar panel array is considered to be appropriate for its location. It is considered not to have a detrimental impact on the special qualities of the National Park.

9.3.1.2 Biodiversity

The LDP includes the following policies regarding ecological issues and safeguarding biodiversity are as follows:

Policy SP3 'Environmental Protection' (LDP 2013) Policy 1'Appropriate Development in the National Park (LDP 2013) Policy 6 'Biodiversity and Development' (LDP 2013) Policy 7 'Protected and important Wild Species' (LDP 2013)

Representation has been received from the National Park’s Planning Ecologist raising no objection to the proposal following the submission of an ecological survey.

An ecological report was submitted in support of the application, this concluded that three species of bats were recorded roosting in the loft space of the building. The roosts were confined to the wings of the building and as such are unlikely to be affected by the proposal. Conditions have been added to the decision in relation to an Ecological Method statement and biodiversity enhancements.

As such, the proposal would comply with the above policies.

9.3.2 Active and Social Places

9.3.2.1Transport

Planning Policy Wales states that the Welsh Government is committed to reducing reliance on the private car and supporting a model shift to walking, cycling and public transport. Delivering this objective will make an important contribution to decarbonisation, improving air quality, increasing physical activity, improving the health of the nation and realising the goals of the Well-being of Future Generations Act. (para 4.1.8).

Page 19 Page 7 of 12 The proposed solar panels would benefit those travelling to the visitor centre, mostly motorists, but also cyclists, walkers and coaches. The site is in a rural location and PPW acknowledges in paragraph 3.35 that opportunities for reducing car use and increasing walking, cycling and the use of public transport are more limited than in urban areas.

The proposed location is accessible and will benefit from being situated at this location assisting visitors in the enjoyment of the area. As such, the proposal would comply with the above policy.

9.3.2.2.Neighbouring Amenity

Planning Policy Wales (Edition 10, November 2018), which states

‘Placemaking in development decisions happens at all levels and involves considerations at a global scale, including climate change, down to the very local level, such as considering the amenity impact on neighbouring properties and people’. (2.7, PPW, 2018)

No representation has been received and there are no nearby residential properties. The proposal is considered to be acceptable and to be in accordance with guidance in relation to residential amenity impact

9.3.2.3 Recreational Spaces

Planning Policy Wales (Edition 10, November 2018), states

‘Recreational spaces are vital for our health, well-being, and amenity and can contribute to an area’s green infrastructure. They provide a place for play, sport, healthy physical activity and place to relax often in the presence of nature, and they contribute to our quality of life. (para 4.5.1)

Given the proposed location of the solar panels, there is no detrimental impact to the recreational space at the visitor centre, which is located within the heart of the Brecon Beacons National Park, and is an ideal spot to promote the area for recreational purposes and to contribute to a healthier lifestyle.

9.3.3 Productive and enterprising places

9.3.3.1 Tourism

PPW states that “Tourism involves a wide range of activities, facilities and types of development and is vital to economic prosperity and job creation in many parts of Wales” (para 5.5.1)

PPW para 5.5.1 states that “rural areas, tourism-related development is an essential element in providing for a healthy and diverse economy. Here,

Page 20 Page 8 of 12 development should be sympathetic in nature and scale to the local environment”.

The proposed solar panels are predicted to generate 70-80% of the buildings electricity need over a year, this will result in a monetary saving which can be utilised in other aspects of the tourist facility.

10. Conclusion

The proposed development is considered appropriate. It would not have an unacceptable impact upon the character and appearance of the host dwelling or surrounding area nor would it have a detrimental impact on neighbour amenity, highway safety, archaeology or ecology. As such the proposal conforms with Policy 1, 6, 7, CYD LP1 and SP9 of the Local Development Plan and therefore is recommended for approval.

National Park Purpose and Duty

The proposed solar panels would contribute to the National Park’s Purpose and Duty, by promoting and contributing to a more sustainable method of generating electricity which will assist in the safeguarding of the special qualities of the National Park. It would also not be detrimental to the conservation of the natural beauty of the Park.

Sustainable Development

The proposal delivers a positive impact on the economic and environmental well- being of Wales, without adversely impacting on the other pillars of sustainability. The application is therefore recommended for approval as it delivers sustainable development and meets current needs without hindering those of future generations.

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. Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2. The development shall be carried out in all respects strictly in accordance with the approved plans (Site Location Plan & General Solar Arrangement), unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

Page 21 Page 9 of 12 3. Prior to commencement of development works, an Ecological Method Statement (EMS) shall be submitted to and approved in writing by the Local Planning Authority. The EMS shall incorporate the recommendations in Section 10 of the ecological report dated July 2019 and the development shall be implemented in accordance with the approved method statement. Reason: To comply with Section 6 of Planning Policy Wales (2018), Technical Advice Note 5 and Policies SP3, 1, 6, 7 and 12 of the adopted Local Development Plan for the BBNPA

4. Prior to the commencement of development works, a biodiversity enhancement scheme shall be submitted to and approved in writing by the Local Planning Authority. The biodiversity enhancement scheme shall be undertaken and/or installed prior to the first beneficial use of the development hereby approved, in accordance with the approved details. Following the installation of the approved scheme, a report confirming adequate installation shall be submitted to the Local Planning Authority. Reason: To comply with the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2017 (as amended) and the Environment (Wales) Act 2016

Informative

1. All nesting birds , their nests, eggs and young are protected by law and it is an offence to:  intentionally kill, injure or take any wild bird  intentionally take, damage or destroy the nest of any wild bird whilst it is in use or being built  intentionally take or destroy the egg of any wild bird  intentionally (or recklessly) disturb any wild bird listed on Schedule1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird. The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine of up to 5,000 pounds, six months imprisonment or both. The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) to remove or work on any hedge, tree or building where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built, (usually between late February and late August). If a nest is discovered while work is being undertaken, all work must stop and advice sought from Natural Resources Wales. 2. Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2017 (as amended) and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000

Page 22 Page 10 of 12

General Solar PV Arrangement

Page 23 Page 11 of 12 Photomontage of Panels in Situ

Page 24 Page 12 of 12 ENC7Item 2

PLANNING, ACCESS AND RIGHTS OF WAY COMMITTEE 10 December 2019

Application Number: 19/17952/FUL Date Validated: 15 October 2019 Site Address: Brecon Beacons Mountain Decision Due 10 December 2019 Centre, Visitors Centre Date: Libanus Brecon LD3 8ER Grid Ref: E: 297734 N:226209 Proposal: A 4m high kinetic metal sculpture located beside the entrance pathway to the Visitor Centre depicting a red kite. Case Officer: Ffion Bevan Community: Glyn Tarell Reason(s) Application Authority Application Reported to Committee: RECOMMENDATION: Permit

Page 25 Page 1 of 16 1. Description of Development 1.1 This application seeks consent for the installation of a kinetic sculpture of a Red Kite at the National Park Visitor Centre, Libanus.

It is part of a series of features proposed alongside the A470, with funding from Visit Wales, as part of its Wales Way project, in order to improve the visitor experience

With Visit Wales funding, the BBNP Authority wishes to play its part in The Wales Way initiative by installing a series of features alongside a section of the Cambrian Way, the stretch of the A470 which runs through the National Park. This will support the Welsh Government led initiative for the benefit of tourists wishing to experience the rural heart of Wales. The A470 forms the spine of the National Park and is the most important access route for visitors into and through the Park. The proposal aims to enhance the visitor experience along the A470 corridor for the benefit of visitors and for the benefit of the landscape and environment of the Central Beacons.

The National Park Visitor Centre above Libanus is a well-recognised place to visit, in order to seek information and as a place to rest, shop, take refreshments and to go for a walk and this is directly accessed from the A470, with clear directions.

The supporting document states that the Kite kinetic sculpture has been designed as an aesthetically tasteful item celebrating and conveying a distinct sense of place with regards to the National Park as a whole and Mynydd Illtyd specifically.

The uniqueness of this sculpture lies in the fact that it will be kinetic, bobbing and twisting in the breeze and as such will become: - A draw - A talking point - An educational tool - Exiting and stimulating visitors - A photo opportunity - An asset to the Visitor Centre and the National Park.

The shape of the sculpture is inspired by a red kite, which will balance perfectly on its beak and will tilt and turn in the wind.

The sculpture will be constructed from a combination of stainless steel, weathering steel and locally sourced pennant stone. The body of the kite will be fabricated from a 6mm diameter stainless steel round bar and will be partially clad along the front of the wings and head with 1mm thick stainless steel sheet. The Feathers will be laser cut from 0.5mm thick stainless steel and attached along the back of the tail and wings. The stainless steel will have a tempered finish to alter its colour, giving the sculpture shades varying from blues to reds and orange.

The approximate dimensions of the kite will be 3500mm wingspan by 1450mm from beak to tail and 600mm deep. The estimated weight is a maximum 80kg.

The ‘stalk’ on which the Kite balances will be fabricated from weathered steel as a contrast to the stainless steel. The weathering steel will have a rusty finish, which has been chosen due to its durability and longevity. It will measure 3800mm tall by 135mm square.

Structurally, the front and back panels of the stalk will be connected with 100mm x 50mm x 3mm thick box section length welded to each inner face to create a ladder structure. The outer and inner face will be clad in 3mm thick corten steel welded along the corners.

Page 26 Page 2 of 16 The stalk will be mounted to pennant stones concreted into the ground to ensure the sculpture remains vertical. Two 40mm diameter round tubes will be welded to the inner faces of the stalk to create the hinge and locking points to anchor the stalk to the stones. The overall weight of the stalk is estimated to be 80kg.

One of the stones will be sawn in half and installed with each half set 140mm apart, allowing the stalk to be set between them. Rock anchors will be set into each sawn stone to create a hinge and locking mechanism to allow the stalk to be easily raised and lowered for installation and maintenance. A second stone will be installed 2m away, which will be used as an anchor point to raise and lower the stalk.

2. Site and Context

The National Park Visitor Centre is located above Libanus and is accessed from the A470 Trunk Road via a country lane. The centre is located at the foot of Mynydd Illtyd and has a visitor parking area, café and shop with plenty of open space surrounding the site for walkers to explore.

The site is owned by the National Park Authority and there are long ranging view of the Beacons from the site.

The red kite sculpture will be positioned within the context of the visitor centre, next to the footpath leading to the café and shop. It will be positioned away from the existing path to avoid interference with users of the path.

3. Planning History

None Relevant

4. Relevant Local and National Planning Policy

4.1 Brecon Beacons National Park Authority Local Development Plan and Supplementary Planning Guidance

Policy no. Policy CYD LP1 Enabling Appropriate Development in the Countryside SP3 Environmental Protection 1 Appropriate Development in the National Park 6 Biodiversity and Development 7 Protected and Important Wild Species 59 Impacts of Traffic

4.2 National Planning Policy and Guidance

Document Planning Policy Wales: 10th Edition (2018)

Technical Advice Note 5: Nature Conservation and Planning (2009)

Technical Advice Note 12: Design (2016)

Technical Advice Note 18: Transport (2007)

Page 27 Page 3 of 16 5. Summary of Consultation responses

Consultee Comments

GlynTarell No comments received Community Council

NP Planning Ecologist Raises no objections and recommends advisory notes

Powys County Do not wish to comment on this application Council Highways

National Park No objection Strategy and Policy

Health and Safety No comment Executive

Powys County No comment received Council Building Regulations

Copies of the full consultation responses can be found on our website at: https://planningonline.beaconsnpa.gov.uk/online-applications/?lang=EN

6. Third Party Representations

The application was advertised by way of a site notice. No comments have been received.

7. Well Being and Future Generations (Wales) Act 2015

8. Planning Obligations:

N/A

9. Assessment:

9.1 Strategic and Spatial Choices:

The application is considered against Planning Policy Wales Edition 10 (2018) and the first stage of

Page 28 Page 4 of 16 consideration is to assess the proposed development against the Strategic and Spatial Choices issues and the national sustainable place making outcomes.

9.2 Good design

The proposed kinetic metal structure is located within the grounds of the National Parks Visitor Centre, near Libanus. The proposed structure is a form of public art and the rationale behind the chosen design is considered appropriate. It is considered that the type of materials chosen are acceptable and appropriate to its setting. . Given the nature of the proposed structure, it is considered that given its artistic design and purpose, the size and scale are acceptable.

A structural assessment and stability design check has been submitted with the application. The calculation package confirms the design philosophy of a welded steel framed kite sculpture can be supported, by the fabricated steel box stalk as detailed in the proposal. Further testing is to be undertaken to ensure that the mechanical bearing joint at the top of the stalk will be detailed and designed by a mechanical engineer.

9.3 Promoting healthier places

The purpose of the development is to promote the landscape and environment of the Central Beacons and to enhance the visitor experience along the A470 corridor. This would undoubtedly promote the countryside as a healthier living space, within the vast surrounding landscape of the Brecon Beacons.

9.4 The Welsh Language

It is proposed to construct the kinetic sculpture to promote the landscape and the environment of the Brecon Beacons. There is no direct interpretation on the structure however it forms part of a wider project in the area, in which stones and interpretation panels have been approved bilingually, promoting the Welsh language to visitors to the area.

9.5 Sustainable Management of Natural Resources

The site is near to a wildlife pond (approximately 30 metres away). The proposed sculpture will not have a direct impact on the pond or its associated aquatic environment. However, great crested newts are known to be present in ponds on Mynydd Illtyd and it will be important to ensure that there is no harm to this species, or any other amphibians. The proposed location of the sculpture does not affect terrestrial habitat for great crested newts, but excavation measuring 1.8 by 1.8 m and 80cm deep will be required. Newts spend much of the year on land rather than in the pond and there is potential for them to fall into excavations when they are dispersing from ponds. It is anticipated that the proposed works will not take a long time; if it can be clarified that the excavations and installation of the concrete can be completed within a day, there should be no likely impact on this species. If the excavations will be exposed over a night or longer, a brief Method Statement should be prepared with appropriate measures for the avoidance of harm to great crested newts during the installation of the sculpture.

There are also known to be bat roosts in the roof structure of the Visitor Centre. However the motion of the kite appears to be relatively gentle and it is considered that it should not therefore be a hazard to bats in flight.

9.6 Placemaking in Rural Areas

The proposal is located in an area of open countryside as defined by the LDP Proposals Map. The LDP defines countryside locations as areas unsuitable to accommodate future development in accordance

Page 29 Page 5 of 16 with the Environmental Capacity of the National Park. The LDP defines a 15 year vision for the future of the Countryside which emphasizes the importance of supporting the countryside as a living and working landscape, internationally recognised for its outstanding natural beauty and cultural traditions.

Criterion 5 refers to proposals for tourist attractions or recreational activities, and it is considered that the proposed sculpture, would support the purposes of promoting the countryside for those visiting the National Park, and is acceptable at this countryside location.

As such, the principle of development is considered acceptable.

9.7 Managing Settlement Form

N/A

10. Assessing the sustainable benefits of development:

10.1 Social considerations

The visitors who visit the Brecon Beacons National Park will benefit from the installation of the kinetic metal sculpture. Its purpose will assist in the enjoyment of the National Park and enhance the experience within the landscape.

10.2 Economic considerations

By improving the visitor experience within the National Park, it may result in increased number of visitors to the visitors centre and adjoining area and as such could benefit the local economy, with more people visiting and spending money in Brecon and the local shops and restaurants.

10.3 Cultural considerations

The kinetic metal sculpture would be located within an area of natural beauty and forms part of a wider project promoting the landscape through interpretation. The approved stone markers and interpretation panels along the A470, which forms part of the same project will have bilingual interpretation introducing the language to the visitors as a living language in Wales.

10.4 Environmental consideration

The proposed kinetic sculpture is located at the National Park’s Visitor Centre, which will be for the benefit of those using a car to access the site, the development would also benefit walkers, coach and bus users, and it would not have any effect on the existing landscape.

11. Detailed Impact Assessment:

11.1 Distinctive and natural places

11.1.1 Landscape and Visual Amenity

Policy 1 of the LDP: Appropriate Development in the National Park

Page 30 Page 6 of 16 All proposals for development or change of use of land or buildings in the National Park must comply with the following criteria, where they are relevant to the proposal: i) the scale, form, design, layout, density, intensity of use and use of materials will be appropriate to the surroundings and will maintain or enhance the quality and character of the Park’s Natural Beauty, wildlife, cultural heritage and built environment; …..

Given the nature of the proposed structure, it is considered, given its artistic design and purpose, that the size and scale is acceptable.

The proposed sculpture is located within the context of the visitor centre and is considered to be in an appropriate position. As such the proposal would comply with policy 1 of the LDP (2013)

11.1.2 Biodiversity

The LDP includes the following policies regarding ecological issues and safeguarding biodiversity are as follows:

Representation has been received from the National Park’s Planning Ecologist raising no objection to the proposal.

The site is in the open countryside to the south-west of Brecon. The proposed location of the sculpture is within an area of amenity grassland and there is no ecological objection to this location.

During the course of the application, the applicant could not confirm how long the excavation and installations would take and it was agreed to include the condition to provide a Method Statement following approval.

It is important to ensure that any external lighting is of an appropriate design and sensitively located. There is no reference to the installation of any lighting in association with the sculpture, but if any lighting is required, details should be submitted to the Local Planning Authority for approval.

Page 31 Page 7 of 16 Policy 1 of the Local Development Plan and Section 6 of the Environment (Wales) Act 2016 require the BBNPA to seek to maintain and enhance biodiversity. There are normally opportunities to accommodate biodiversity enhancement measures within development proposals. However, the proposals are relatively small-scale in nature; in addition, biodiversity enhancements have recently been recommended at the site in association with the proposed installation of the solar panels on the Visitor Centre roof. It is therefore considered that additional enhancements are not required in this instance.

As such, the proposal would comply with the above policies.

12. Active and Social Places

12.1 Transport

Policy 59 of the LDP states that Policy 59 of the LDP refers to the impact of traffic and states that development will be permitted where appropriate access can be achieved. Criterion (c) states that access will be considered to be inappropriate where there is an unacceptable impact on road safety.

The proposed sculpture would benefit those travelling along the A470, mostly motorists, but also cyclists, walkers and coaches. The site is in a rural location and PPW acknowledges in paragraph 3.35 that opportunities for reducing car use and increasing walking, cycling and the use of public transport are more limited than in urban areas.

Powys County Council Highways Authority were consulted on the application raising no objections. Welsh Government

The proposed location is accessible and will benefit from being situated at this location assisting visitor in the enjoyment of the area. As such, the proposal would comply with the above policy.

12.2 Neighbouring Amenity

Planning Policy Wales (Edition 10, November 2018), which states

12.3 Recreational Spaces

Planning Policy Wales (Edition 10, November 2018), states

Page 32 Page 8 of 16 Given that the proposed location of the sculpture, located within the heart of the Brecon Beacons National Park, it is located in an ideal spot to promote the area for recreational purposes and to contribute to a healthier lifestyle.

13. Productive and enterprising places

13.1 Tourism

PPW states that “Tourism involves a wide range of activities, facilities and types of development and is vital to economic prosperity and job creation in many parts of Wales” (para 5.5.1)

PPW para 5.5.1 states that “rural areas, tourism-related development is an essential element in providing for a healthy and diverse economy. Here, development should be sympathetic in nature and scale to the local environment”.

The proposed sculpture is proposed to enhance the visitor experience in the National Park, accessed from the main highway route through the park, on which many visitors travel.

14. Conclusion

In making a recommendation National Policies within Planning Policy Wales (Edition 10, 2018) and Policies CYD LP1, SP3, 1, 6, 7 and 59 of the Brecon Beacons National Park Authority Local Development Plan (2013), the comments made by the consultees, and other interested parties have been taken into consideration. The proposal is considered to comply with the above policies.

14.1 National Park Purpose and Duty

The proposed kinetic metal sculpture would contribute to the National Park’s Purpose and Duty, by promoting and contributing to the opportunities for the understanding and enjoyment of the special qualities of the National Park by the public. It would also not be detrimental to the conservation of the natural beauty of the Park.

14.2 Sustainable Development

The proposal delivers a positive impact on the environmental well-being of Wales, without adversely impacting on the other pillars of sustainability. The application is therefore recommended for approval as it delivers sustainable development and meets current needs without hindering those of future generations.

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. Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2 The development shall be carried out in all respects strictly in accordance with the approved plans

Page 33 Page 9 of 16 (drawing nos. Site Location Plan, Location Plan, Detailed Plans) unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

3. Prior to commencement of development works, an ecological method statement shall be submitted to the Local Planning Authority with appropriate measures for the avoidance of harm to great crested newts during the installation of the sculpture. The development shall be implemented in accordance with the approved method statement. Reason: To comply with Section 6 of Planning Policy Wales (2018), Technical Advice Note 5 and Policies SP3, 1, 6, 7 and 12 of the adopted Local Development Plan for the BBNPA. To comply with the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2017 (as amended) and the Environment (Wales) Act 2016

4. No external lighting shall be installed in association with the development hereby approved. Reason: To comply with Section 6 of Planning Policy Wales (2018), Technical Advice Note 5 and Policies SP3, 1, 6, 7 and 12 of the adopted Local Development Plan for the BBNPA. To comply with the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2017 (as amended) and the Environment (Wales) Act 2016

Informative

1 Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2017 (as amended) and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000

Page 34 Page 10 of 16 National Park Visitor Centre, Libanus. Proposed Location LocationLoca Page 35 Page tion

Page 11 of 16 Page 36 Page

Ariel View of Proposed Location of Sculpture at the National Park Visitor Centre, Libanus

Page 12 of 16 Page 37 Page

Proposed Location of Sculpture

Page 13 of 16 Page 38 Page

Page 14 of 16 Page 39 Page

Anchoring Mechanism

Page 15 of 16 Page 40 Page

Artistic Representation of Sculpture in Situ (not to scale)

Page 16 of 16 ENC7Item 3

PLANNING, ACCESS AND RIGHTS OF WAY COMMITTEE 10 December 2019

Application Number: 19/17602/FUL Date Validated: 15 July 2019

Site Address: Red Pig Farm Decision Due 11 December 2019 Llangadog Date: SA19 9DR

Grid Ref: E: 269932 Proposal: The proposal is a One Planet N:223881 Development. It concerns one household, barn extensions, various new small sheds, and a green house.

Case Officer: Helen Lucocq Community: Llangadog

Reason(s) Application The application is reported to Committee as part of the development Reported to site falls within land in the ownership of the National Park Authority. Committee:

RECOMMENDATION: Permit subject to Section 106 Agreement

Page 41 1. Description of Development 1.1. The application seeks planning permission for a land based One Planet Development in a countryside location. Employment of agroecology techniques and principles are proposed to develop a self-sufficient residence for a single household. The household is supported by an associated market garden, forest garden, apiary, green house, orchard, herb garden, various vegetable growing areas, poultry rearing including ducks, chicken and geese, Goat area, mushroom processing unit (MPU) and woodland coppice. The land based enterprise includes mushroom production and wood working. The main thrust of the business relates to the growing, harvesting, processing and selling of mushroom products for both consumption (gourmet, medicinal and tea) and as horticultural cultivator. Additional business elements relate to green woodworking and round wood building Coed Talylan and a local vegetable box scheme Fferm Glytwaith. 1.2. One Planet Development as a form of exceptions development, first entered into the planning lexicon in July 2010 with the publication of the revised Technical Advice Note 6 Planning for Sustainable Rural Communities (Welsh Government 2019)(hereafter TAN6). Building on emerging trends around low impact development forms initially focused on West Wales,1TAN 6 defines that the usual exceptions within National Planning Policy prohibiting new residential development in the countryside can be suspended in relation to exemplar low impact development forms which through their low impact either enhance or do not significantly diminish environmental quality. To meet the criteria for such an exception, a One Planet Development should initially achieve an ecological footprint of 2.4 global hectares per person or less in terms of consumption and demonstrate clear potential to move towards 1.88 global hectare target over time. They should also be zero carbon in both construction and use. 1.3. A global hectare (gha) is a measurement used in the ecological footprint analysis of both people and activities. It translates consumption requirements into productive biological areas and forest area to absorb resultant carbon dioxide emissions. Within such analysis the potential productive natural resources of the Earth are defined as total biocapacity. For a balance to be achieved between consumption requirements and available resources each individual would need to achieve a footprint of 1.88 gha. The UK average ecological footprint is 5.45 gha, Wales is estimated at 4.8gha2. In May 2009 the Welsh Government Published One Wales: One Planet3 which set out the aspiration that within one generation that Wales average ecological footprint would be 1.88gha, this policy aspiration was defined as ‘not using more of earth’s resources than is our fair share’(p.17). 1.4. Zero Carbon in construction is defined by the Green Building Council as when the amount of Carbon emissions associated with a building’s product and construction stages up to practical completion is zero or negative, through the use of offsets or the net export of on-site renewable energy. 4 1.5. Zero Carbon in operation is defined by the Green Building Council as When the amount of carbon emissions associated with the building’s operational energy on an annual basis is zero or

1 Most notably this work builds on the experience of LAMMAS eco village and the joint planning policy of Pembrokeshire Coast National Park Authority and Pembrokeshire County Council https://biodynamiclandtrust.org.uk/wp-content/uploads/2015/01/Low-Impact-Development-Making-a- Positive-Contribution-Supplementary-Planning-guidance-Pembrokeshire.pdf 2 Chambers, N. et al. (2004) Scotland’s Footprint. Best Foot Forward 3 https://www.bridgend.gov.uk/media/1505/wd32.pdf 4 https://www.ukgbc.org/wp-content/uploads/2019/04/Net-Zero-Carbon-Buildings-A-framework- definition.pdf (1.1) Page 42 2 of 30 negative. A net zero carbon building is highly energy efficient and powered from on-site and/or off-site renewable energy sources, with any remaining carbon balance offset5 1.6. Agroecology is defined as the application of ecological principles to agricultural systems or practices. The Agroecology Fund defines agroecology as farming that “centers on food production that makes the best use of nature’s goods and services while not damaging these resources.” Farming thrives when it works with local ecosystems, for example, improving soil and plant quality through available biomass and biodiversity, rather than battling nature with chemical inputs. Agroecological farmers seeks to improve food yields for balanced nutrition, strengthen fair markets for their produce, enhance healthy ecosystems, and build on ancestral knowledge and customs.6 2. Site and Context 2.1. The site is located in open countryside approximately 1.3miles from Bethlehem and 6.5 miles from Llandeilo adjacent to Garn Goch Common. The proposed OPD occupies an area of broadleaf woodland and larch/spruce plantation approximately 16Ha in total, however this application site is restricted to a smaller area within this parcel of 0.39Ha. Access to the site is achieved off a minor unclassified road which serves two other farms, Tan y Lan and Garn Wen farm some 70m beyond the application site. The minor road itself forms a spur off the B road which connects Bethlehem with Rhyd y Saint on the A4069. The application site is surrounded by traditional improved pasture currently being utilised for sheep and cattle grazing. 2.2. During the course of the application it was brought to Officer’s attention that the initial 43m of the access track from the minor road to the development site crosses Garn Goch Common, currently in the ownership of the National Park Authority. Notice has been served on the Authority by the applicants and access arrangements have been secured through the land management function separately to the determination of this planning application. 2.3. The application area is currently known as Coed Talylan but is marked on both Ordnance Survey and Google Maps as Red Pig Farm. The land has been in productive use for some time. The land was predominantly pasture until the 1950s when the land was sold to the then Forestry Commission and utilised as a spruce plantation. The plantation was mostly felled at some point in the 1990s and the land utilised for several land based enterprises including a large pig rearing operation, a wood fuel and charcoal business, mushroom cultivation and biomass systems for energy production. Since the owners vacated the site, the land has been mostly left to regenerate. Young native broadleaf species dominate the site, however there remains several large areas of spruce, as well as 4 acres of larch. 2.4. The site now accommodates various structures and agricultural activity. -A steel framed agricultural building erected on site circa 2010 currently utilised for mushroom cultivation and various other sheds, including a structure that contains a battery bank and tow installed micro hydro turbines. - an existing small fenced market garden with hobby polytunnel - Wooden A-framed cabin built to house a demonstration bio-mass boiler and for the use of volunteers to the site - Wooden compost toilet

3. Planning History

5 https://www.ukgbc.org/wp-content/uploads/2019/04/Net-Zero-Carbon-Buildings-A-framework- definition.pdf (1.2) 6 https://www.agroecologyfund.org/what-is-agroecologyPage 43 3.1. Of particular relevance to this application are the structures associated with the Certificate of Lawful Development in particular the A-frame structure and the Mushroom Processing Unit.

App Ref Description Decision Date

C20461 Provision of Access Track Permitted 08.04.2005

06/00359/AGR Proposed steel framed agricultural Invalid 6.12.2006 building

07/00859/FUL Proposed mushroom processing and Permitted 11.07.2007 treatment building

07/00740/FUL Straw bale office Permitted 11.07.2007

08/01822/FUL Change of use from agricultural Permitted 03.11.2008 machinery storage to meat processing and parking facility

08/01745/AGR Polytunnels for animal food production Planning Permission 16.05.2008 Required

16/13599/CPE Various structures supporting the Permitted 21.07.2016 lawful use of the land: 1-Mushroom Processing Unit orientation and siting plus two small additions (6m2 shelter for a biodiesel production unit and a 7m2 porch with boiler enclosure); 2-A- framed Cabin; 3-Compost Toilet; 4- Battery Shed; 5-Generator Shed.

07/00741/FUL Retrospective application for revised Permitted 12.02.2007 siting of access (previous ref: C20461)

4. Relevant Local and National Planning Policy 4.1 Brecon Beacons National Park Authority Local Development Plan and Supplementary Planning Guidance 4.1.1 The development plan for the area is the Brecon Beacons National Park Local Development Plan 2007-2022 (hereafter LDP) which was adopted by resolution of the National Park Authority on the 17th December 2013. The following policies are considered relevant to the decision or have been raised in representations.

Policy no. Policy

SP1 National Park Policy

Page 44 4 of 30 CYD LP1 Enabling Appropriate Development in the Countryside

SP3 Environmental Protection

Policy 5 Sites of Importance for Nature Conservation

Policy 6 Biodiversity and Development

Policy 7 Protected and Important Wild Species

SP4 Climate Change

SP9 Renewable Energy

Policy 57 Use of Non Mains Sewerage Solutions

Policy 58 Sustainable Drainage Solutions

Policy 59 Impacts of Traffic

Policy 64 Composting

Policy 65 Minerals Safeguarding

Biodiversity and Development Supplementary Planning Guidance (BBNPA 2014)

Landscape and Development Supplementary Planning Guidance (BBNPA 2014)

Minerals Safeguarding Supplementary Planning Guidance (BBNPA 2015)

Obtrusive Lighting and Light Pollution Supplementary Planning Guidance (BBNPA 2015)

Small Scale Renewable Energy Supplementary Planning Guidance (BBNPA 2015)

Enabling Appropriate Development in the Countryside Supplementary Planning Guidance (BBNPA 2015, as amended 2019)

4.1.2 The proposal is located in an area of open countryside as defined by the LDP Proposals Map. The LDP defines countryside locations as areas unsuitable to accommodate future development in accordance with the Environmental Capacity of the National Park. In these areas there is a presumption against development, with the exception given toPage those development 45 forms where there is a defined essential need for a countryside location. Strategy policy CYD LP1 sets out the forms of development that are considered acceptable within these parameters. Criterion 6 of this policy makes provision for proposals to enable Low Impact Development Schemes in keeping with One Planet Development. 4.1.3 As One Planet Developments are provided for through Planning Policy Wales and TAN6, in accordance with the direction of the Local Development Plan Manual, the LDP does not repeat National Policy and therefore there is no specific policy in relation to this form of development contained within the LDP. As such any proposal for a One Planet Development scheme will be considered against the requirements set out in PPW (4.2.38-39) and TAN 6 as elaborated through the Practice Guidance 4.1.4 PPW (4.2.39) states the following

OPD located in the open countryside should provide for the minimum needs of the inhabitants in terms of income, food, energy and waste assimilation over a period of no more than five years from the commencement of work on the site. This should be evidenced by a management plan produced by a competent person(s). Where this cannot be demonstrated, proposals should be considered against policies which seek to control development in the open countryside. Planning authorities should follow the guidance in TAN 6 with regard to the requirements of OPD and associated management plans 4.1.5 TAN 6 defines that applications for land based One Planet Developments located in the Open Countryside need to be supported by robust evidence in the form of a Management Plan. This Management Plan should provide detail to demonstrate key policy objectives (adapted from TAN 6, 4.16)

- Business and Improvement plan to identify whether there is a need to live on the site and establish the level of the inhabitant’s requirements in terms of income food energy and waste assimilation that can be obtained directly from the site. - Ecological footprint analysis of the development utilising a WG produced Ecological Footprint Calculator to determine the impact of the future household in terms of their global hectares. - Carbon analysis of the development - Biodiversity and landscape assessment - Community impact assessment to identify potential impacts on the host community (both positive and negative) and provide a basis to identify and implement any mitigation measures that may be necessary - Transport assessment and travel plan to identify the transport needs of the inhabitants and propose sustainable travel solutions 4.1.6 The Management Plan for the proposed One Planet Development is available to view here Coed Talylan Management Plan The Management Plan for the proposed One Planet Development is available to view here Coed Talylan Management Plan

4.2 National Planning Policy and Guidance 4.2.1 National planning policy and guidance which is considered as particularly relevant to the determination of this application is as follows:-

Document

Page 46 6 of 30 Planning Policy Wales: 10th Edition (Welsh Government, December 2018)

Technical Advice Note 5: Nature Conservation and Planning (Welsh Government 2009)

Technical Advice Note 6: Planning for Sustainable Rural Communities (Welsh Government 2010)

Technical Advice Note 12: Design (Welsh Government 2016)

Technical Advice Note 18: Transport (Welsh Government 2007)

Technical Advice Note 24: The Historic Environment (Welsh Government 2017

Practice Guidance: One Planet Development: (Welsh Government 2012)

5. Summary of Consultation responses

Consultee Comments

NP Heritage Archaeology Officer The walkover survey has recorded a number of historic environment Archaeology features within the One Planet development boundary, relating to the post medieval landscape and historic environment of the site. The DBA has produced management recommendations to facilitate conservation and best management of the historic environment features, and these have been integrated into the overall management plan for the site. No further archaeological mitigations are considered necessary. Scheduled Monuments: Cadw should be consulted on any potential effect upon the setting of the scheduled monuments, in accordance with the Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016, and PPW, Paragraph 6.5.9.

NP Rights Of Way No response received Officer

Page 47 Carmarthenshire Recommendation: County Council No observations. Highways And Condition(s): Transport Div. Reason(s): Other Observations: 1. The above recommendation is made based on the existing agricultural use(s) on site and the nature of the proposal being a One Planet Development in that vehicular movements/trips to and from the site are considered low and will reduce further as the project develops over 1- 5 years, in accordance with the submitted Travel Assessment (SD - R.).

Llangadog No Response received Community Council

Carmarthenshire No Response received Commons Land

NP Planning Whilst there is no "in principle" ecological objection to the One Planet Ecologist Development at the site, there is currently insufficient information regarding the proposed hydro-scheme, in order to assess the ecological impacts. Some additional detail is also required, some of which can be secured through planning conditions: o The proposed sedum roof will need to be native-species sedums only. Details of the seed mix to be used on the green roofs will need to be submitted and approved. o The ecological report provides a baseline survey of the site. An Ecological Method Statement will be required for the clearance of the areas that will accommodate the new dwellings and adjacent cultivated area - this can be secured through a planning condition.

o The SINC boundary must remain as it is for now; it is acknowledged that the SINC has not been managed as heathland habitat for some time and the proposed compensation area will provide for priority habitats and nature conservation interest at the site. The application demonstrates compliance with LDP Policy 5. o A standalone Ecological Management Plan will be required for the site as a whole, based on the Ecology Projects Report - this can be secured through a planning condition. The Management Plan will need to make provision for ongoing monitoring of habitats and species at the site as well as for changes to management prescriptions if necessary. o Details of any external lighting will need to be shown on

Page 48 8 of 30 architectural drawings, if any is required.

NP Planning The proposed hydro-scheme has been removed from the planning Ecologist application, so no further information is required regarding this.

NRW have raised concerns regarding the ongoing management of the site with regard to impacts on dormouse; a Dormouse Method Statement is therefore recommended to address this. Please also refer to Memorandum dated 16th August 2019 for further explanation of the ecological issues. There is no ecological objection to approval of the application subject to the imposition of planning conditions and informative notes to secure mitigation, compensation and enhancement of nature conservation interests at the site.

Natural Resources Thank you for referring the above application, which we received on 28 August 2019. Wales/Cyfoeth We note the submission of the Red Pig Farm Location Plan A1 showing the Naturiol Cymru revised redline boundary and also the submission of the plan showing the updated extent of the OPD for S106. The revised redline boundary plan appears to no longer include the proposed hydropower scheme. Although we note that proposal description stated on the consultation letter dated 28 August 2019 is the same as that on the consultation letter of 10 July 2019 from your Authority. The following comments are based on the proposal not including the hydropower scheme. We have no objection to the application as submitted but wish to make the following comments in relation to European Protected Species and Foul Drainage. European Protected Species We have considered the following documents submitted in support of the application: o Extended Phase 1 Ecology Survey Report for Coed Talylan, Bethlehem, Llangadog, Carmarthenshire SA19 9DR Updated Nov 2018 by Aderyn Ecology o Ecology Projects for Coed Talylan OPD, Bethlehem, Llangadog, Carmarthenshire SA19 9DR by Aderyn Ecology We note the above documents have considered an area which includes "the OPD itself and all surrounding land that may be impacted due to a change in management". This appears to be broadly the same area as shown on the plan A3 Red Pig Location Plan (extent of the OPD for S106). We note that the enhancement measures proposed involve heath habitat creation on a one-hectare site currently containing "young scrubby Page 49 woodland dominated by birch" in an area outside the redline boundary of the planning application. Section 4.3.5 of the above survey report states that suitable dormouse habitat exists on site and dormouse presence is assumed. Any vegetation clearance works that have the potential to cause harm to dormice should be undertaken under a method statement approved by your Authority prior to any such works commencing on site. We recommend any further consultation with your in-house Ecologist on this matter. Foul Drainage We understand that the development is not served by the public foul sewer and note that the planning application states the proposed method of foul drainage is to a "low impact evaporative willow greywater system" We note the proposed development also includes a separate composting toilet. The applicant is advised to contact our Permitting Team on 0300 065 3000, at the earliest opportunity to discuss the need for an environmental permit or to register an exemption with us in order to operate the private sewerage system(s). The Applicant should ensure that they have all the required permissions, consents, permits and any other approvals in place prior to commencement of works on the site. More information, including a step by step guide to registering and the relevant application forms are available on our website. Where private sewage treatment/disposal facilities are utilised, they must be installed and maintained in accordance with British Standards 6297 and Approved Document H of the Building Regulations. We also refer the Applicant to Guidance for Pollution Prevention 4 on the NetRegs website, which provides further information. Other Matters Our comments above only relate specifically to matters included on our checklist, Development Planning Advisory Service: Consultation Topics (September 2018), which is published on our website. We have not considered potential effects on other matters and do not rule out the potential for the proposed development to affect other interests, including environmental interests of local importance. We advise the applicant that, in addition to planning permission, it is their responsibility to ensure they secure all other permits/consents relevant to their development. Please refer to our website for further details Should you have any queries on the above, please do not hesitate to contact us.

Page 50 10 of 30 CADW (Scheduled Advice Monuments) Having carefully considered the information provided with this planning application, we have no objections to the proposed development. Our assessment of the application is given below. Our role Our statutory role in the planning process is to provide the local planning authority with an assessment concerned with the likely impact that the proposal will have on scheduled monuments, registered historic parks and gardens, registered historic landscapes where an Environmental Impact Assessment is required and development likely to have an impact on the outstanding universal value of a World Heritage Site. We do not provide an assessment of the likely impact of the development on listed buildings or conservation areas, as these are matters for the local authority. It is for the local planning authority to weigh our assessment against all the other material considerations in determining whether to approve planning permission. National Policy Applications for planning permission are considered in light of the Welsh Government's land use planning policy and guidance contained in Planning Policy Wales (PPW), Technical Advice Notes and related guidance. PPW (planning-policy-wales-edition-10.pdf) explains that It is important that the planning system looks to protect, conserve and enhance the significance of historic assets. This will include consideration of the setting of an historic asset which might extend beyond its curtilage. Any change that impacts on an historic asset or its setting should be managed in a sensitive and sustainable way. The conservation of archaeological remains and their settings is a material consideration in determining a planning application, whether those remains are a scheduled monument or not. Where nationally important archaeological remains are likely to be affected by proposed development, there should be a presumption in favour of their physical protection in situ. It will only be in exceptional circumstances that planning permission will be granted if development would result in a direct adverse impact on a scheduled monument (or an archaeological site shown to be of national importance). Technical Advice Note 24: The Historic Environment elaborates by explaining that when considering development proposals that affect scheduled monuments or other nationally important archaeological remains, there should be a presumption in favour of their physical preservation in situ, i.e. a presumption against proposals which would involve significant alteration or cause damage, or would have a significant adverse impact causing harm within the setting of the remains.

Page 51 11 of 30 Assessment CM010 Llwyn Du Camp CM012 Waun Pwtlyn Long Barrow CM037 Garn Goch Camps CM195 Llys-Brychan Roman Site CM327 Trichrug round cairns The above scheduled monuments are located inside 2km but only some features of the development, mainly woodland management, will be visible from scheduled monuments CM037 and CM327. Whilst these may constitute a visual change they will not alter the way that the monuments are experienced, understood and appreciated. Consequently the proposed development will have no impact on any scheduled monument or their settings.

Garn Goch Thank you for your letter dated 28th August 2019. As chairman of Garn Commoners Goch Commoners I would like to forward some comments on the proposal at Red Pig Farm. As I understand by your letter this one planet Association development could in future be a very extensive complex – as you state one household – don’t know how many barn conversions – various new small sheds – which could be used as living quarters for many families. As you are aware the road leading to Red Pig Farm, Tan y Lan and Garngoch is very narrow, steep land on which many accidents could occur. Also as I understand there is a new right of way been installed over common land, without the commoner’s permission or knowledge and also the N Park Authority. I therefore suggest the owners of Red Pig Farm revert to the old Right of Way which is on the map of the Garn Goch – as they are now encroaching on Common Land. I will be arranging a meeting of the commoners and the N Park Authority as soon as possible and letting you know our conclusion.

Copies of the full consultation responses can be found on our website at: https://planningonline.beaconsnpa.gov.uk/online-applications/?lang=EN 6. Third Party Representations 6.1. The application was publicised through the placing of site notices at the site and through direct neighbour notification. 6.2. Five representations were received in support of the application. In summary support centred around the sustainable nature of the one planet development proposed and the opportunities the scheme presented to create a teaching space relating to low impact development. - the totality of enterprise promise to increase economic activity and augment Page 52 12 of 30 biological diversity without adverse impact on the - Sustainable Development in Bethlehem which supports a young family and brings visitors to the area should be approved - The development will bring benefits to the local area and also help to inspire and instruct many likeminded people further afield -These proposals respond creatively and imaginatively to the range of environmental issues facing our local communities and will provide inspiration to others wishing to take positive steps towards a genuinely sustainable way of living. 6.3. One representation was received from a grazier of Garn Goch common and neighbour to the proposal, objecting and raising concerns regarding the proposal. This objection centred on the proposed access to the OPD. The Objector alleges that the access amounts to unauthorised development and enclosure impacting common land. 7. Well Being and Future Generations (Wales) Act 2015 7.1. The well-being of Future Generations (Wales) Act places a duty on public bodies to carry out sustainable development to improve the way in which we achieve the social, economic, environmental and cultural well-being of Wales. The National Park must act in accordance with the sustainable development principle and seek to ensure that the needs of the present are met without compromising the ability of future generations to meet their own needs. As part of this duty public bodies must set and publish objectives which are designed to maximise its contribution to achieving each of the well-being goals. The 7 goals are:  A prosperous Wales  A resilient Wales  A healthier Wales  A more equal Wales  A Wales of cohesive communities  A Wales of vibrant culture and thriving Welsh language  A globally responsible Wales 7.2. The primary objective of Planning Policy Wales Edition 10 (2018) is to ensure that the planning system contributes towards the delivery of sustainable development and improves the social, economic, environmental and cultural well-being of Wales as required by the Well-being of Future Generations (Wales) Act 2015. 7.3. The recommendations made by the Strategy and Policy Team are made in line with the Strategic and individual policies within the adopted Local Development Plan. It is considered that the Local Development Plan has been prepared to ensure the sustainable development of the National Park, particularly in relation to Environmental protection, sustainable distribution of development, housing, economic well-being, sustainable tourism, sustainable communities, sustainable infrastructure and various other considerations.

8. Planning Obligations:

Page 53 13 of 30 8.1. Given the scale and nature of the proposed development no requirements have been identified. However as set out by para 4.23.1 of TAN 6 there is a requirement for a S106 on the grant of planning permission tying both the Management Plan and the dwelling to the land which justified the grant of planning consent. Accordingly if members are minded to grant this planning application, it is proposed that a S106 agreement is such imposed. 8.2. Conditions are also proposed requiring the applicants to provide an annual monitoring report to the Authority to evidence compliance with the management plan. The condition defines that failure to meet the terms of the management plan could result in enforcement proceedings in respect of a breach of condition subject to which planning permission was granted (TAN 6, 4.23)

9. Assessment: 9.1. Management Plan A Management Plan has been prepared and submitted in support of this application, entitled Planning Application: Land Management Plan as is required by PPW and TAN6. This document defines the objectives of the OPD at Coed Talylan and timetable for implementation. The Management Plan, as set out above, is seen by National Policy as a critical component of an OPD. The following assessment considers the extent to which the proposed OPD scheme has, through the Management Plan, been able to demonstrate the essential characteristics of a viable OPD.

9.2. Physical Geology topography and soils 9.2.1. The site is located on the Northern slope of Cairn Trichurg. The cairn has a complex geology formed of a suite of rocks forming a component of the Myddfai Steep Belt. A combination of Trichrug Sandstone extending into mudstone and sandstone of the Hafod Fawr formation. These rocks are the uppermost Silurian rocks of the area but considered to be the lowermost of the Old Red Sandstone succession. 9.2.2. The subsoil is dominated by clay and sandstone, heavily compacted and churned through past commercial forestry activity. Where broadleaf regeneration has occurred topsoil is beginning to reform and increase. 9.2.3. The land is currently specified by the Predictive Agricultural Land Classification Map as non agricultural. The applicants are proposing a soil and fertility management plan based on agroecology principles as follows: - Utilising nitrogen fixing plant – actinorhizal nitrogen fixers utilised in intercropping and companion planting such as Rosacae and Elaeagnaceae - Composting formed from organic kitchen waste, poultry, goat and imported cow manure - Utilising Green Manures and Cover Crops – herbaceous plants sown into fallow ground between planning. There is an additional proposal to utilise a Cocktail Cover Crop7 on the growing beds which is then chopped and dropped into the soil.

7 The cocktail crop contains a mix of spring sown warm season grasses and broadleaf annual plants, such as rye, vetch, hemp, buckwheat and red clover. Page 54 14 of 30 - Practical Non-Disturbance to lessen disturbance of micro-biota including mycorrhizal fungi - Utilising Biochar – charcoal charged with liquid fertiliser such as urine and bio- fertilizer - Utilising Bio fertilizers - The simplest form of bio fertilisers used in organic horticulture are compost teas of comfrey and nettles, although use of volcanic red dust and molasses is also proposed here - Harnessing Mycorrhizal fungi An estimated 90 – 95% of plant species form rhizome associations with fungi. The applicants are proposing to harness this association to aid productivity8

Taken in combination these proposals to improve soil fertility and productivity, it is considered that the agricultural activity proposed will be viable on site. 9.3. Biodiversity 9.3.1. Section 6 of the Environment (Wales) Act 2016 states that ‘’A public authority must seek to maintain and enhance biodiversity in the exercise of functions in relation to Wales, and in so doing promote the resilience of ecosystems, so far as consistent with the proper exercise of those functions. 9.3.2. Regulation 9 of the Conservation of Habitats & Species Regulations 2017 requires LPA's to take account of the presence of European Protected Species at development sites. If they are present and affected by the development proposals, the Local Planning Authority must establish whether "the three tests" have been met, prior to determining the application. The three tests that must be satisfied are: i. That the development is "in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment". ii. That there is "no satisfactory alternative" iii. That the derogation is "not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range”. 9.3.3. The adopted Local Development Plan includes policies regarding ecological issues and safeguarding biodiversity as listed above. 9.3.4. The development site is a relatively young woodland with modest and non- distinct flora and fauna typical of a commercial plantation which has been predominately left to natural regeneration. There is an abundance of pioneer species such as hazel, alder and birch with the addition of some planted oak and ash. 9.3.5. The LDP Proposals Map identifies an area of Site of Importance for Nature Conservation (SINC) within the site. The local designation was identified in 2008 by the National Park Authority based on a survey and assessment by the Brecknock Wildlife Trust (BWT) as part of a Local Wildlife Sites Red Pig Wood SINC was recognised as having 1 hectare of ‘Lowland Heathland’ habitat, 60% of which was considered to be in

8 The applicants state Woodland trees and shrubs benefit from ectomycorrhizal species whereas our annual vegetables (with the notable exception of species in the family Brassicas and Amaranthiceae) and fruit trees and bushes will benefit from increased levels of endo-mycorrhizal fungi also known as Arbuscular Mycorrhizal Fungi (AMF). We can use some species of trees, such as alder, that associate with both ecto- and endo- mychorrhizal fungi to bridge this divide thereby increasing nutrient distribution with the hyphal network over a much greater range. Page 55 15 of 30 favourable condition at the time of the survey on 3rd July 2008. The site boundary drawn by the BWT does not appear to relate to any existing features on the ground (now or as shown on the aerial photo for 2009) and also only covers an area of 0.25 hectares. 9.3.6. The applicant submitted supporting ecological surveys and enhancement proposals as part of their OPD proposal. These were considered by both Natural Resources Wales (NRW) and the National Park Planning Ecologist. 9.3.7. The National Park Planning Ecologist noted that the supporting information “acknowledges that the identified SINC has not been managed for its nature conservation interests for a number of years. Much of the area within the existing boundary was used for rearing pigs in the past and more recently has been used for growing vegetables etc. There are also a number of more-recently constructed artificial ponds and drainage ditches. This area is therefore not lowland heath priority habitat. The report recognises the potential for a different, larger area within the overall site that could be restored as dry heath habitat, particularly targeting management for four reptile species. Ultimately, this could be designated as a SINC, although this would need to be scrutinised by the SINC and Local Wildlife Site Panel. In my opinion, this cannot be undertaken before the heathland habitat has become fully re-stablished, but the principle could be acceptable given that the existing SINC heathland habitat is absent… The report also includes proposals for the creation of scrapes, a reptile hibernaculum, nesting opportunities for willow tit and roosting features for bats within the proposed [wooden] structures at the site. The proposals are all appropriate and welcomed. “

9.3.8. Further to this the National Park Ecologist and NRW both identify the potential for the area to support dormouse populations. It is not considered that there will be disturbance to dormouse woodland habitat from the proposed construction of buildings however a precautionary approach will be necessary, and for this reason and the potential impact on reptile and amphibian species, it is considered that an Ecological Method Statement should be secured by condition to ensure protection of priority habitat during construction and operation of the OPD. 9.3.9. A series of specific biodiversity enhancements are proposed as part the proposed development including provision for bats, and the installation of den boxes for Pine Martins. 9.3.10. The National Park Ecologist has requested that the scheme is supported by a detailed standalone Ecological Management Plan. This Management Plan is required to make provision for ongoing monitoring of habitats and species at the site as well as for changes to management prescriptions if necessary. It is proposed that this is secured by condition to ensure the protection of priority habitats and species. 9.3.11. In summary it is concluded that the proposal will have an acceptable ecological impact, enhancing habitat on site. The proposal is considered to have a negative impact on a designated SINC, however there is no evidence of the habitat for which the SINC was designated being on site at present. The applicants propose to enhance dry heathland habit in alternative locations and provide further enhancement measures in line with the requirements of the Habitats Regulations 2017, guidance in TAN 5 and relevant LDP policies (SP3 and Policies 2-14)

Page 56 16 of 30 9.4. Cultural Heritage 9.4.1. In accordance with Planning Policy Wales (6.1.23) the conservation of archaeological remains and their settings is a material consideration in determining planning applications, whether those remains are a scheduled monument or not.

9.4.2. The adopted Local Development Plan includes policies regarding the protection of archaeological resources as listed above.

9.4.3. Both CADW and the National Park Archaeologist were consulted on the proposed development.

9.4.4. The National Par Archaeologist identifies that the site is located “within a rich archaeological and historic context, bordering the Towi Valley Registered Landscape of Outstanding Historic Interest. The application site located within 500m of the Scheduled Garn Goch Iron Age hillfort(s) (CM037), and some 770 m to the south- west of the Llys Brychan Roman building complex (CM195). The Trichrug round cairns, three burial cairns, of probable Bronze Age date are located approx. 1.7km to the south of the application site (CM327).”

9.4.5. A baseline archaeological survey has been submitted in support of this application. The results of which have been incorporated into the Management Plan for the site as required by Welsh Government Practice Guidance. This information has been reviewed by the NP Archaeologist, who made the following observations “The walkover survey has recorded a number of historic environment features within the One Planet development boundary, relating to the post medieval landscape and historic environment of the site. The DBA has produced management recommendations to facilitate conservation and best management of the historic environment features, and these have been integrated into the overall management plan for the site.t development boundary, relating to the post medieval landscape and historic environment of the site. The DBA has produced management recommendations to facilitate conservation and best management of the historic environment features, and these have been integrated into the overall management plan for the site….No further archaeological mitigations are considered necessary”. These management recommendations are included at 4.1.16 of the submitted Management Plan, and will be secured via S106 on grant of planning permission.

9.4.6. Cadw identified that the site falls within 2km of the following Scheduled Ancient Monuments CM010 Llwyn Du Camp CM012 Waun Pwtlyn Long Barrow CM037 Garn Goch Camps CM195 Llys-Brychan Roman Site CM327 Trichrug round cairns However they observe that given the nature of the development, the proposed

Page 57 17 of 30 development will have no impact on the setting of these monuments, and they have no objections to the proposed development.

9.5. Landscape

9.5.1. The proposed scheme is supported by a Landscape and Visual Impact Appraisal.

9.5.2. The LVIA characterises the site as lying within a 70 acre woodland with an atypical character compared to the surrounding pastoral landscape.

9.5.3. The Assessment demonstrates that the proposed OPD will result in landscape change, however this will be negligible in its magnitude and significance.

9.5.4. In addition the LVIA concludes that the significance of the visual effect of the OPD will be minor and not significant.

9.5.5. Given the findings of this assessment it is considered that the scheme complies with TAN 6 in relation to OPD integration into the landscape and LDP policies seeking to limit landscape impact of development (SP3, CYD LP1)

9.6. Design Strategy

9.6.1. As per the requirements for an OPD a coherent and appropriate Design Strategy must be articulated in support of the proposal.

9.6.2. The applicants have provided details of the schemes Design Strategy at 2.2 of the submitted Management Plan. They define their OPD as a Land Based Enterprise, a productive agricultural holding with strong self-sufficiency and market facing.

9.6.3. The OPD has been devised to provide for the needs of two adults and two dependent children living as one household.

9.6.4. In order to meet OPD requirements to limit environmental take of the household to 1.88gha, the scheme has been designed to utilise principles of agroecology (previously defined), permaculture and food sovereignty.

9.6.5. The structures proposed on site are modest. The dwelling is of timber construction, described by the applicants as a low-impact modular cabin. The structure is a mono pitch wooden cabin, constructed from local untreated durable timber with a green roof and passive solar design. The structure proposed is 20m in length, 6.8m in width and 3.1m internally. The building will be situated on blocks. A standalone porch is proposed to wrap around the east, south and west. This again will be constructed from timber.

Page 58 18 of 30 9.6.6. Taken in the round, it is considered the principle approach aligns with objectives for OPD as defined in PPW, TAN 6 and LDP policy (Policy 1, CYD LP1)

9.7. Business and Improvement Plan

9.7.1. A Business and Improvement Plan is a requirement of TAN 6 in relation to OPD and forms the core of the Management Plan. It should set out the integrated system by which people and land will combine to make a reduction in environmental impact possible. It therefore provides the fundamental justification for the development.

9.7.2. The Business and Improvement Plan must discuss in detail the following components - Land based activity - Land management - Energy and water - Waste assimilation

9.7.3. During the consideration of this planning application, officers have undertaken due scrutiny of each of the sections and have concluded that the proposal meets the objectives of the OPD. As follows

9.7.4. Land based activity (food) An OPD should produce “at least 65% of basic food needs of all occupants” from the site… or that a minimum of 30% of basic food needs of all occupants are grown and/or reared on the site” with the remainder being bartered or purchased from revenue derived from the site. The Management Plan identifies that 61% of all household needs will be met from food grown on-site.

9.7.5. Land based enterprise the proposed OPD comprises the following elements; Mushroom growing for food and medicine, Mushroom Growing Kit production; Herbal Tea production; Woodworking; charcoal production and vegetable box collaboration project. Detailed information in relation to each element is supplied included projected income and expenditure. There is sufficient evidence to suggest that income will be generated to account for the 39% of household needs not directly produced on site.

9.7.6. . Land Management A detailed land management plan is submitted in support of the application. This is defined as - To enhance the overall biodiversity of the land while increasing the sustainability of the land to support subsistence and land based enterprise - To conserve existing habitats, creating new connected habitats - To enhance the character of the landscape and soil - To enhance the capacity of the land to sequester carbon The overall land management strategy is seen as sound in keeping with the objectives of OPD.

Page 59 19 of 30 9.7.7. Energy Coed Talylan does not have an existing connection to the electricity grid, nor is one proposed. All energy will therefore need to be generated on site utilising renewable resources. The OPD is projected to have an energy need in the region of 1146kWh per year. These energy needs can be met through a solar photovoltaic array on the Mushroom Processing Unit which is calculated to provide 1870kWh per year an excess of 724kWh above predicted demand. Heating and cooking needs will be met through the use of biomass generated through onsite coppicing. Biodiesel will be produced on site to power a small tractor. For all other fuel sources (eg chain saws, chippers) a form of bio-diesel will need to be externally sourced. Accordingly it is considered that the site can provide for the majority of the energy needs of the household and enterprises, with the remainder being derived from low impact sources.

9.7.8. Water A natural spring provides the site with potable water. Grey water recycling is proposed for horticultural irrigation. The Management Plan identifies an issue with large volumes of water flow during periods of prolonged rain and proposes the use of riparian planting to limit soil erosion and reduce water flow. A drainage strategy is provided based on sustainable principles. A willow bed system is proposed to process all remaining greywater not utilised in irrigation (calculated at less than 2 cubic meters per day). The requirements in relation to water conservation inherent within OPD policy, are therefore considered achieved.

9.7.9. Waste The Management Plan adopts the ‘reduce, reuse, recycle’ waste hierarchy. The Management Plan shows in detail the sources of all waste and further measures to assimilate the majority of waste products on site. All organic waste will be assimilated and used in horticultural, agricultural and forestry enterprise. The residual in-organic waste will be recycled where possible through local amenity sites. The minimal residual waste will be provided to landfill.

9.8. Ecological Footprint Analysis 9.8.1. As previously set out a guiding feature of any acceptable OPD is the requirement for the household to achieve 1.88gha by the fifth year of operation. Utilising the Ecological Footprint Analysis tool the applicants have been able to quantify that their ecological footprint at year one of the OPD will be 1.39gha, that is significantly below policy target. At year five the calculation demonstrates that the household will have an ecological footprint of 1.32gha

9.8.2. Applicants have provided justification in relation to the findings of the assessment which most notably focus on the existing use of the site for mushroom and vegetable production and adaption of a low impact approach to consumption in their overall lifestyle choices

9.8.3. Detailed analysis is available here (downloadable spreadsheet entitled SD KA ECOLOGICAL FOOTPRINT SPREADSHEET. Accompanying notes are provided here)

Page 60 20 of 30 9.9. Zero Carbon Analysis 9.9.1. The structures proposed for the one planet development at Coed Talylan are as follows: 1. One residential low impact dwelling built to mobile home classifications (121m2 ) A stand-alone porch (59 m2 ) 2. Three extensions to be attached to the existing mushroom processing unit (132m 2 in total) 3. One accessible compost toilet structure (13m2 ) 4. One dug-in green house (40m2 ) 5. Three wood shelters (24m2 in total) 6. Change of use of an existing battery bank shed to micro-hydro housing (9m2 ) 7. A potting shed, found on the site, but moved to a new position near growing area B. (10m2 ) 8. A small dug-in root cellar (4m2 )

9.9.2. A carbon analysis is provided for all proposed structures. The guiding construction principle posited by the applicants centres on their focus on using timber sourced from the site. Where this is not possible local FCS certified timer and biodegradable insulation will be utilised. A few engineered materials to ensure optimal performance of the buildings will be used, such as membranes and house wrap. The applicants state that ecological alternatives will be used and detailed specifications including carbon load are provided.

9.9.3. The practice guidance assesses the sustainability of One Planet Developments in the round, and therefore the construction of One Planet Development buildings is only required to meet the standards of CSH in respect of Category 3 – Materials. The five elements of the building covered by Category 3 are: Roofs, external walls, internal walls, floors and windows. For an OPD home at least four of these elements should achieve a rating of A+ or A6, using either recognised published ratings or clearly demonstrating similar attributes for materials without a recognised published rating. The use of renewable natural materials for the main elements of One Planet Development, including insulation, should be prioritised.

9.9.4. It is acknowledged that there will be a carbon take for certain elements of the construction materials, and process most notably waterproofing membranes for roof structures. Accordingly the Management Plan sets out off-setting proposals through a programme of future tree-planting.

9.9.5. Further to this the insulation material utilised in the construction (a wool and hemp based produce) is classed as carbon negative, as such it functions as a carbon sink. Applicants have been able to demonstrate that the construction and use of their dwelling will result in a carbon negative footprint.

9.10. Community Impact Assessment

Page 61 21 of 30 9.10.1. TAN 6 requires the Management Plan to identify potential impacts of the proposal, both positive and negative on the neighbouring community. The Practice Guidance requires that a thorough assessment of all impacts on neighbouring communities be undertaken and for any negative impacts to be mitigated

9.10.2. The Management Plan includes a Community Impact Assessment. This has been underpinned by public consultation and open days to the holding. This allowed people from the wider area and local villagers to visit the site and receive a tour including a talk about the principle of the OPD and likely developments.

9.10.3. The OPD is outward facing and seeks to have an educational role in relation to Low Impact Development and mushroom cultivation. Community benefits include the provision of a range of land based courses, forest schooling for younger years.

9.10.4. During the course of the application correspondence was received by the Authority from the Graziers of Garn Goch common. They highlight some concerns in relation to the current access to the holding, questioning its validity and its impact on common grazing rights. Investigation into this issue has determined that the access has an extant planning permission, which, at the time was not considered to unduly impact or disadvantage grazing on Garn Goch Common. There was no requirement for the access track to obtain any form of permitting from the Welsh Government in terms of impact on Common Land.

9.10.5. The applicants have entered into discussions with the graziers and it is understood that the issue has been resolved.

9.11 Travel Assessment and Travel Plan 9.11.1 TAN 6 requires planning applications for OPD to be accompanied by an assessment of the traffic generated form the use of the site by the residents and visitors. This should be supplemented by a Travel plan which clearly identifies zero or low carbon travel options as preferable for all journeys where possible. Travel impacts are identified as an important component of future monitoring.

9.11.2 Paragraph 7.1 of the Management Plan identifies a baseline for the development site. This shows the current reliance on the private car, the principle mode for accessing the site.

9.11.3 The travel plan identifies that the total domestic and business vehicle trips can be reduced by year five to 325 of the total 362 trips are by public transport, cycling, walking or car sharing. The Travel Plan shows a significant increase in low carbon trips and significant decrease in high carbon trips (44% by year 5).

Page 62 22 of 30 9.11.4 Carmarthenshire Highways Authority were consulted as part of this planning application. They raised no objection in relation to the proposed OPD.

9.12 Development, Monitoring and Exit Strategy

9.12.1 The Management Plan details the phasing of the OPD programme of works, a detailed programme of annual monitoring and an Exit Strategy. 9.12.2 As per TAN 6 the stages of development set out in the Management Plan see the OPD being fully implemented by year 5. The Management Plan sets out the stages of development - Year One – Growing areas established. Introduction of poultry. Drainage and grey water recycling systems installed and ground prepared for the construction of the dwelling and barns. Felling of timber for the dwelling. Installation of PV array on MPU. Bird, bat and pine marten boxes installed. First rotation coppice - Year two – dwelling construction commences. Second coppice rotation. Felling of areas of spruce identified as competing with oak woodland. - Year three – growing areas fully established with full cropping plan implemented. Dwelling completed. 3rd rotation coppice. Installation of hibernaculum for amphibians and completion of green house. - Year Four – Extension to MPU is complete. Coppice rotation 4. Lowland heath habitat restoration commences. Goats introduced. - Year five – all targets met. Coppice rotation cycle complete. First firewood available from the coppice areas. All biodiversity enhancements are implemented. Implementation of long term woodland and ecology management plan. 9.12.3 Further to this an Exit Strategy is provided, which sets out in detail that should the OPD fail to meet its stated targets in terms of energy production, waste assimilation, food and income production the land will be returned to agricultural and related business activities before first habitation. This would involve removal of all new structures, replanting of growing areas with broadleaf trees native flowers, new paths and tracks over sewn with wild flowers. It is estimated that the exit strategy would take 6months to implement. 9.12.4 A requirement of all OPDs is that the implementation of the Management Plan is monitored and reported to the Authority on an annual basis. A revised Management Plan will be prepared in year five, and every subsequent five years. The Authority will therefore be able to address the relative success or failure of the scheme and take action should there be a need. 9.12.5 The Management Plan is supplemented by a sample monitoring template (available here ) however the principle issues considered relate to - Food production and minimum needs - Land based business - Land management - Energy use and production - Water use

Page 63 23 of 30 - Waste production and assimilation - Zero Carbon buildings - Community Impact - Transport 9.12.6 It is considered that where the applicants are failing in target areas that a ‘red and yellow’ card system is employed to identify where the OPD is at risk of failing and identify future action. For the Authority it is considered that failure to meet the objectives of OPD as set out in the Practice Guidance (in any one area) would constitute a yellow card and measures to address the issue would need to be supplied in the Monitoring Report. A yellow card in the same area for two consecutive years would result in a red card which in turn could trigger the implementation of the Exit Strategy. 9.12.7 Further elaboration of a detailed monitoring framework, including the identification of target and trigger thresholds will be needed in order for the Authority to be satisfied that monitoring is appropriately assessing the success of the ODP and addressing weakness. This will be secured via a condition of planning permission.

10. Conclusion 10.1. On balance it is considered that the proposal represents a viable OPD. That is it would provide for the minimum needs of the inhabitants within the five year timescale. The proposal is underpinned by a detailed Management Plan which demonstrates that all essential criteria of an OPD could be met through the scheme. Should the scheme come to fruition as envisioned it will be a sustainable and(mostly) self- sufficient enterprise 10.2. It is acknowledged that there is need to ensure the progress of the OPD is appropriately monitored and where failures identified appropriate interventions implemented, including, if necessary the implementation of an exit strategy. 11. Recommendation Permit subject to Section 106 Agreement

Conditions and/or Reasons:

1. The development hereby permitted shall begin before the expiration of five years from the date of this permission Reason To ensure compliance with Section 92(2) of the Town and Country Planning Act 1990

2. The development hereby permitted shall be carried out in accordance with the following approved plans SD B SITE PLAN LMME b (A4); SD C LMM A; SD F DWELLING A3; SD G BARN A3; SD H WC AND GREENHOUSE A4; UPDATED A1 LOCATION PLAN; UPDATED EXTENT OF OPD FOR S106 Reason: To ensure compliance with approved plans 3. Prior to the commencement of works to or construction of the buildings with green roofs, details of the seed mix and roof construction to be used on the green roofs shall be

Page 64 24 of 30 submitted to and approved in writing by the Local Planning Authority. The green roofs shall be completed in accordance with the approved scheme. Reason: To comply with Section 6 of Planning Policy Wales (2018), Technical Advice Note 5 and Policies SP3, 1, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Environment (Wales) Act 2016

4. Prior to the commencement of the clearance of vegetation outside existing cultivated areas or of any demolition, conversion or construction works associated with the development, a detailed Ecological Method Statement (EMS) shall be submitted to and approved in writing by the Local Planning Authority. The works shall be implemented strictly in accordance with the approved EMS. Reason To comply with Section 6 of Planning Policy Wales (2018), Technical Advice Note 5 and Policies SP3, 1, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2017 (as amended) and the Environment (Wales) Act 2016

5. Within three months of the implementation of the development hereby approved, an Ecological Enhancement and Management Plan (EEMP) shall be submitted to and approved in writing by the Local Planning Authority (LPA). The EEMP shall include full details of all the ecological projects outlined in the Ecology Projects Report (draft) reference Aderyn/181119 and shall include provision for: a. A timetable for implementation; b. Long term management prescriptions; c. Monitoring and reporting; and d. Appropriate mechanisms for remediation as necessary. The EEMP shall be reviewed five years after the date of implementation and any revisions agreed in writing with the LPA. The EEMP shall be implemented as approved and following this, a report confirming adequate implementation shall be submitted to the LPA. Reason To comply with Section 6 of Planning Policy Wales (2018), Technical Advice Note 5 and Policies SP3, 1, 5, 6, 7, 8 and 9 of the adopted Local Development Plan for the BBNP and • To comply with the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2017 (as amended) and the Environment (Wales) Act 2016

6. Prior to commencement of clearance of vegetation, woodland management or any land management works associated with restoration of heath habitat and the Site of Importance for Nature Conservation (SINC), a Dormouse Method Statement (DMS) shall be submitted to and approved in writing by the Local Planning Authority. The works shall be implemented strictly in accordance with the approved DMS. Reason To comply with Section 6 of Planning Policy Wales (2018), Technical Advice Note 5 and Policies SP3, 1, 5, 6 and 7 of the adopted Local Development Plan for the BBNP and To comply with the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2017 (as amended) and the Environment (Wales) Act 2016

7. No external lighting shall be installed in association with the development hereby approved until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The lighting plan shall avoid conflict with bat mitigation/enhancement measures and wildlife corridors and shall be implemented as approved. Reason To comply with Section 6 of Planning Policy Wales (2018), Technical Advice Note 5 and Policies SP3and 12 of the Local Development Plan for the BBNP

8. The development hereby permitted shall be undertaken in accordance with the submitted Management Plan entitled COED TALYLAN LAND MANAGEMENT PLAN JULY 2019 Page 65 25 of 30 Reason: To ensure compliance with Planning Policy Wales (4.2.38-39), Technical Advice Note 6 (4.15)

9. Prior to the commencement of development, a detailed Monitoring Framework will be submitted to the National Park Authority for approval. The Monitoring Framework will be based upon the sample Monitoring Framework submitted in support of the planning application (SD P MONITORING FORM) and will further identify a traffic light assessment process which identifies the thresholds for measurement of weakness and success, using a red and yellow card system, as is identified in section 5 of the Welsh Governments One Planet Development: Technical Advice Note 6: Planning for Sustainable Rural Communities (October 2012) Reason: To ensure compliance with Planning Policy Wales (4.2.38-39), Technical Advice Note 6 (4.15) and Welsh Government Practice Guidance in relation to One Planet Development and to ensure appropriate mechanisms are in place to assess the performance of the permitted OPD.

10. An Annual Monitoring Report will be produced by the operators of the OPD and submitted to the LPA by the 1st April following commencement of development and each 1st April thereafter for the subsequent 5 years for approval. The Annual Monitoring Report will be produced in accordance with the updated Monitoring Framework as required by condition 8 of this permission. Reason To ensure compliance with Planning Policy Wales (4.2.38-39), Technical Advice Note 6 (4.15) and Welsh Government Practice Guidance in relation to One Planet Development and to ensure appropriate mechanisms are in place to assess the performance of the permitted OPD

11. The submitted Management Plan (COED TALYALN LAND MANAGEMENT PLAN JULY 2019) shall be reviewed and updated every five years by the operators of the OPD. The updated Management Plan should be submitted for approval to the LPA in conjunction with the year 5 Annual Monitoring Report, and further reviews submitted to the Local Planning Authority on the 1st April every five years hence. Reason To ensure compliance with Planning Policy Wales (4.2.38-39), Technical Advice Note 6 (4.15) and Welsh Government Practice Guidance in relation to One Planet Development

Page 66 26 of 30 Llangadog 3.miles

Llandovery 9 miles Capel Gwynfe5 miles

Page 67 27 of 30 Page 68 28 of 30 Built example of a Mark Waghorn Modular One Planet Development Dwelling

Page 69 29 of 30 Example Earth Dug Greenhouse as planned (identified at location 1 on land management map)

Page 70 30 of 30 ENC8Item 1

APPLICATIONS DELEGATED TO THE NATIONAL PARK OFFICERS

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

17/14686/OUT N: 241904 Mr & Mrs W and C Davies for Erection Permit 19 November Delegated E: 322046 of 5 dwellings (Outline) (Outline 2019 Decision Application) at Land Adjoining Brecon Pharmaceuticals, Gypsy Castle Lane, Hay-on-wye Powys HR3 5LF

19/17057/LBC N: 228677 Andrew Burton for Repair and repoint Refuse 21 November Delegated E: 303414 the existing walls, rebuild the roof and 2019 Decision supporting new oak frame, wall and brick pillars. No plans to rebuild dismantled and removed adjoining steps of adjoining former granary. See submitted documents for detailed design and supporting information. (Listed Building Consent) at Former Open Fronted Cart Shed, The Long Barn , Newton Farm Brecon LD3 8PA

Reason/s for refusal:- The proposed developed is considered to be contrary to the provisions of Policy CYD LP1 and the Supplementary Planning Guidance CYD LP1 Enabling Appropriate Development in the Countryside (May 2015, amended June 2019) and Policy 15 Listed Buildings of the Brecon Beacons National Park Local Development Plan 2007-2022, due to the loss of historic and architectural character, by raising the height of the original roof, increasing its span to the front by incorporating the area occupied by the former modern lean-to and extending to the southern side, up to the former Old Granary building. The proposed developed is considered to be contrary to the provisions of Policy SP1 and Policy 1 of the Brecon Beacons National Park Local Development Plan 2007-2022, which require development to maintain or enhance the Park's built environment, due to the extent of proposed alterations to the existing modest agricultural building, which is a curtilage listed structure forming part of the group of farm buildings associated with Newton House, which is a Grade I Listed Building. The proposed development fails to use the evidence available to reinstate historic elements that have been removed at the application site, in particular the roof structure, the brick and timber columns and the former southern gable internal wall. The proposed developed is considered to be contrary to the provisions of Policy 17 of the Brecon Beacons National Park Local Development Plan 2007-2022 as it would have a detrimental impact on the character and appearance of the adjacent Grade I Listed Building, Newton House, Newton Barn (the Long Barn) which is a Grade II Listed Building which lies east of Newton House and the Grade II listed building located to the south, known as the 'Agents house and small barn'.

19/17424/CON N: 228452 Mr David Aukett for Removal of Permit 25 October Delegated E: 304482 Conditions: 3, 4, 5, 9 and 10 and vary 2019 Decision Condition 2 of Listed Building Consent reference 16/13145/LBC (Variation/Renewal of Conditions) at Morgannwg House, Glamorgan Street, Brecon Powys LD3 7DW

19/17494/FUL N: 212152 Gwillym for Erection of new affordable Refuse 11 November Delegated E: 322282 dwelling as well as associated car parking 2019 Decision area, engineering works, access arrangement and drainage (Full Application) at Land Adjacent To 2 Twyn, Barllwm, Llanelly Hill Monmouthshire NP7 0RH

Page 71 Reason/s for refusal:- There is no secure mechanism in place in order to ensure that the dwelling can only be occupied by person or persons in genuine housing in perpetuity. This means the proposal does not meet the definition of an affordable house as set out in para 6.3.2.1 and TAN2 and is therefore the development does not accord with criteria 1 of LGS LP2.

19/17531/ADV N: 215288 S.A. Brains & Co. Ltd for 1 no. 3D Split 24 October Delegated E: 328146 pictorial sign Decision 2019 Decision 3 no. folded tray panel signs; 1 no. panel Advertise sign; 2 no. post sign; 1 no. double post ment sign; 1 no. A-board sign (Application to Display Adverts) at Lamb And Flag Country Hotel , Brecon Road, Llanwenarth NP7 7EW

19/17547/FUL N: 219495 Mr Carl & Mrs Ceri Moon for Permit 19 October Delegated E: 316869 Installation of 2 Conservation rooflights 2019 Decision in the kitchen area of the existing dwelling. (Full Application) at Dan-y- wern Farm, Cyffredyn Lane, Llangynidr Crickhowell Powys NP8 1LR

19/17548/LBC N: 219495 Mr Carl & Mrs Ceri Moon for Reinstate Permit 18 October Delegated E: 316869 and repair the internal and external 2019 Decision detailing of the existing dwelling. The installation of conservation rooflights above the extended kitchen area. The incorporation of the present external store into the adjacent kitchen. (Listed Building Consent) at Dan-y-wern Farm, Cyffredyn Lane, Llangynidr Crickhowell Powys NP8 1LR

19/17611/FUL N: 219489 Mr & Mrs D and L Waddington for Permit 21 October Delegated E: 315375 Retention of recently constructed porch 2019 Decision with roof terrace. (Full Application) at Glanyrafon , Castle Road, Llangynidr Crickhowell NP8 1NG

19/17619/FUL N: 241910 Mr Nicholas Burdekin for Change of use Permit 30 October Delegated E: 322610 of agricultural land to form extension to 2019 Decision Hay on Wye cemetery (Full Application) at Cemetery, Hay-On-Wye, Hereford

19/17625/FUL N: 213540 Mr & Mrs Clarke for Domestic Permit 18 October Delegated E: 323819 bedroom, utility and lounge extension. 2019 Decision Re-design of approved application. (Full Application) at Dan Y Lan Farm , Twyn- Wenallt, Gilwern NP7 0HP

19/17629/FUL N: 221921 Mr Kevan Ellaway for Conversion of Permit 22 October Delegated E: 314991 redundant outbuilding into holiday let 2019 Decision and use of garage/stables for parking and stabling (Full Application) at Wellfield , Old Road, Bwlch Brecon LD3 7RZ

Page 72 19/17674/FUL N: 228591 Mr P Buck for Proposed conversion of Permit 31 October Delegated E: 304343 upper floors from dwelling to holiday 2019 Decision letting rooms. Single-storey extension to rear. Internal alterations including insertion of stair and reconfiguration of partition walls. Additional signage proposed, and alterations to access from St Michael's St. (Full Application) at Boars Head, Ship Street, Brecon Powys

19/17675/LBC N: 228591 Mr P Buck for Proposed conversion of Permit 31 October Delegated E: 304343 upper floors from dwelling to holiday 2019 Decision letting rooms. Single-storey extension to rear. Internal alterations including insertion of stair and reconfiguration of partition walls. Additional signage proposed, and alterations to access from St Michael's St. (Listed Building Consent) at Boars Head, Ship Street, Aberhonddu Powys LD3 9AL

19/17687/FUL N: 240618 Mr Beales for Extension of an existing Permit 11 October Delegated E: 322284 traditional cottage and minor internal 2019 Decision alterations to the cottage with associated works to the environs (Full Application) at Pencommon, Hay-On- Wye, Hereford Powys HR3 5RH

19/17706/FUL N: 215135 Monmouthshire County Council for Permit 17 October Delegated E: 324907 Extensions to Year 2 Classroom 2019 Decision learning, and extension to school main hall, to form storage area (Full Application) at Gilwern Primary School, Cae Meldon, Gilwern Monmouthshire

19/17711/FUL N: 233729 Mrs j Richards for External alterations Permit 21 November Delegated E: 315465 to include the insertion of two rooflights 2019 Decision and internal alterations to an existing outbuilding which is ancillary accommodation to the Bridgend Inn (Full Application) at The Bridgend Inn , Bell Street, Talgarth LD3 0BP

19/17712/LBC N: 233729 Mrs j Richards for External alterations Permit 21 November Delegated E: 315465 to include the insertion of two rooflights 2019 Decision and internal alterations to an existing outbuilding which is ancillary accommodation to the Bridgend Inn (Listed Building Consent) at The Bridgend Inn , Bell Street, Talgarth LD3 0BP

19/17713/FUL N: 221613 Mr & Mrs Glenville-Jones for Redundant Permit 17 October Delegated E: 308259 farm buildings to be converted into two 2019 Decision units of holiday let accommodation and

Page 73 bat house for bat mitigation measures (Full Application) at Neuadd Wen , Aber Village, Talybont On Usk

19/17740/FUL N: 218127 Emma Parsons for Single storey infill Permit 22 October Delegated E: 322287 extension between existing house and 2019 Decision garage and 2 storey side extension. Change of use of part of site from agricultural to residential use. (Full Application) at Lavender House , Llangenny Lane, Crickhowell NP8 1AN

19/17745/LBC N: 228686 Mr Edward Azouz for Formation of Permit 31 October Delegated E: 304468 opening in party wall between units 25 2019 Decision and 25b. Installation of external signs and change of colour to shopfront (green existing - grey proposed) (Listed Building Consent) at 25 And 25B, High Street Superior, Brecon Powys LD3 7LA

19/17749/CPE N: 228233 Mr & Mrs D Eves for Use of land as a Permit 21 October Delegated E: 285426 mixed use dwelling and campsite and for 2019 Decision the siting of 1no. Shepherds hut for holiday use and for the erection of a stable block converted to provide shower and WC. (Certificate Existing Lawful Use/Dev) at Ynysfaen, Cwmwysg , Trecastle Brecon Powys LD3 8YF

19/17756/FUL N: 207080 Mr & Mrs David Warren for Permit 15 October Delegated E: 331155 Replacement of existing outbuilding with 2019 Decision new outbuilding. (Full Application) at Y Bwthyn , Pen-Croes-Oped Road, Pencroesoped Llanover NP7 9EL

19/17768/FUL N: 228573 Ms Sara Rees for Rear extension over Permit 24 October Delegated E: 292000 three storeys (Full Application) at 2 2019 Decision Tredegar Terrace , Sennybridge, Brecon LD3 8PR

19/17771/TRCA N: 218437 Miss Philippa Mumford for To take Tree 11 October Delegated E: 321760 down Macedonian Pine and Variegated Preservati 2019 Decision Holly. (Work to trees in con area) at on Order Behind CWCW, 16 High Street, Served Crickhowell Powys NP8 1BD

19/17773/LBC N: 218225 Mr Simon Marr-Johnson for Erection of Permit 16 October Delegated E: 321658 block wall/partition across the rear part 2019 Decision of the existing garage and woodshed. (Listed Building Consent) at Dan Y Castell, Castle Road, Crickhowell Powys

19/17776/DISC N: 235158 Mr & Mrs Jones for Discharge of Refuse 22 October Delegated ON E: 315974 Condition 4 relating to landscaping 2019 Decision maintenance and management plan

Page 74 pursuant to Planning permission 16/14021/FUL (Approval of details reserved bycondition) at Great Porthamel Barn, Great Porthamel, Talgarth Brecon Powys LD3 0DL Reason/s for refusal:- Insufficient information has been provided in the ‘Landscape Management and Maintenance Plan’ and plan no. GPHB L5C. The circular gravel feature is considered to be too formal for a former agricultural building. The gravel area should be simplified. With regard to Planning Condition 5 of your approval notice, whilst it was not applied to be discharged. It is considered that the number of external lights proposed, as shown on plan no. GPHB L5C, is excessive for its countryside location.

19/17777/FUL N: 212859 Gareth Thomas for Conversion and Refuse 4 November Delegated E: 320532 raising of roof of stone barn to create a 2019 Decision residential building and use and associated development. (Full Application) at Old Barn, Hafod Farm, Hafod Road Brynmawr Blaenau Gwent Reason/s for refusal:- The proposed design is inappropriate, in particular the provision of a number of additional openings to the building and raising of the roof. This is contrary to provisions in LDP Policy 1, 'Enabling Appropriate Development in the Countryside' SPG and Technical Advice Note 23. Insufficient information has been submitted in order to establish whether the development adheres to para. 3.3.10 of the 'Enabling Appropriate Development in the Countryside' Supplementary Planning Guidance. Insufficient ecological information has been submitted in order to confirm the absence of bat roosts at the site. This is contrary to Planning Policy Wales (2018), Technical Advice Note 5 and Local Development Plan Policies SP3, 1, 3, 4, 6 and 7. Insufficient information has been submitted on the structural soundness of the building in order to demonstrate the building is capable of accommodating the proposal without substantial reconstruction in accordance with Technical Advice Note 23 and 'Enabling Appropriate Development in the Countryside' Supplementary Planning Guidance. The proposal will result in the net gain of a new dwelling in the open countryside and no mechanism is available to provide an affordable housing contribution in order to ensure the required contribution for affordable housing would be provided to the Authority at such a time that ownership of the converted barn transfers to a person outside of the farming family who own the agricultural holding as required by Policies SP6, 28, CYD LP1 of the Local Development Plan and 'Enabling Appropriate Development in the Countryside' Supplementary Planning Guidance. 19/17782/LBC N: 217609 Mr Graham Logie for Removal of french Permit 29 October Delegated E: 320954 doors and reinstatement of sash window 2019 Decision (Listed Building Consent) at Glanonney, Hillside Road, Llangattock Crickhowell Powys NP8 1HU

19/17783/FUL N: 218709 Richard Chilcott And Hannah Firmin for Permit 31 October Delegated E: 315421 Proposed single storey extension to the 2019 Decision rear on the existing house replacing the existing conservatory (Full Application) at Ty Canol, Llangynidr, Crickhowell Powys NP8 1LL

19/17784/FUL N: 224281 Mr & Mrs Stoddart for Alterations and Permit 24 October Delegated E: 329308 single storey extensions to Daren Ganol, 2019 Decision Cwmyoy, including demolitions of existing outbuildings, taking down and rebuilding unstable dry-stone walls and re-location of oil storage tank within the domestic curtilage.(Part retrospective) (Full Application) at Daren Ganol , Brynarw To Llanthony Wood, Cwmyoy Abergavenny NP7 7NR

Page 75 19/17794/FUL N: 233742 Mr Bruce Williams for Change of use Withdraw 24 October Delegated E: 315489 from office/shop to residential holiday 2019 Decision let (Full Application) at The Mill , High Street, Talgarth LD3 0BW

19/17795/FUL N: 238870 Mrs C James for Extension and Permit 29 October Delegated E: 320398 alterations to dwelling (Full Application) 2019 Decision at Maesygarn Cottage, Ffordd Las, Llanigon Powys HR3 5QF

19/17803/FUL N: 216249 Mrs Lisa Outhwaite for Demolition of Refuse 31 October Delegated E: 320238 small side extension and construction of 2019 Decision side and rear extension with front new porch (Full Application) at Annex At Penrheol Darren Cottage, Hillside, Llangattock Powys NP8 1LF Reason/s for refusal:- Insufficient information has been submitted to prove that the proposal would not have a detrimental impact on European Protected Species and their habitats. As such the proposal is contrary to Policies SP3, 6 and 7 of the Brecon Beacons National Park development Plan (2013) and Planning Policy wales (2018). The proposal is considered to fail to maintain or enhance the quality and character of the Park's cultural heritage and built environment and therefore does not comply with Polices SP1, Policy 1 and Policy 27 of the Brecon Beacons National Park Development Plan (2013) due to its scale and form in relation to the original cottage. 19/17812/FUL N: 212922 Mr & Mrs Ben Hiscock for Change of Permit 31 October Delegated E: 322500 Use former Wesleyan Chapel from D1 2019 Decision to C3(a) to provide a single 4 bedroom residential dwelling. (Full Application) at Wesleyan Chapel , Main Road, Clydach Abergavenny NP7 0LL

19/17816/FUL N: 220411 Mr & Mrs Tom & Anita Harris for Permit 31 October Delegated E: 323886 Alterations to front door access, 2019 Decision replacement of existing rear conservatory with new solid roofed living area, refurbishment of ancillary accommodation including new pitched roof. (Full Application) at Orchard Cottage , Llanbedr, Crickhowell NP8 1SR

19/17823/ADV N: 228289 N/A for Consent to display 1No. Permit 13 November Delegated E: 303088 internally illuminated fascia sign and 2019 Decision 1No. new non illuminated fascia sign to front elevation. (Application to Display Adverts) at 1A Brecon Enterprise Park, Brecon, LD3 8BT

19/17825/FUL N: 228735 Mr Nigel Kilgallon for Change of use to Permit 11 November Delegated E: 304569 bed and breakfast accommodation with 2019 Decision ancillary private residential use. Internal alterations to provide en-suite bathrooms. Demolition of existing external single skin/asbestos roof toilet (Full Application) at Mount Street

Page 76 House , 5 Mount Street, Brecon LD3 7LU

19/17827/TRCA N: 218187 Mr Simon Marr-Johnson for T1. Ash - Works 17 October Delegated E: 321636 Fell tree, T2. Ash - To crown raise approved 2019 Decision lower limbs to 5m. (Work to trees in con area) at Dan Y Castell , Castle Road, Crickhowell NP8 1AP

19/17840/TRCA N: 228756 Mr Emmanuel Trailor for Shorten side Works 24 October Delegated E: 304319 branches all over the tree to make it approved 2019 Decision smaller and more attractive. Reduce height to reduce vulnerability to wind damage. Tree is a mountain ash. (Work to trees in con area) at 2 Coach House, Castle Square, Brecon Powys LD3 9DE

19/17841/FUL N: 212439 DK and KL Daniel for Proposed farm Permit 18 November Delegated E: 278351 diversification to accommodate pet 2019 Decision crematorium within existing barn building on the farm holding at Pensarn. (Full Application) at Pensarn, Lower Cwmtwrch, Swansea SA9 2QL

19/17847/FUL N: 217265 Philip Downey And Donna Boreham- Permit 11 November Delegated E: 320956 Downey for Replace garage roof and 2019 Decision front facing window, Replace tiles and remove central chimney, Erect a detached timber single car garage and work shed (Full Application) at 16 Lime Trees Avenue, Llangattock, Crickhowell Powys NP8 1LB

19/17858/FUL N: 225193 Mr Neil Lewis for External and Internal Permit 14 November Delegated E: 310660 Renovations to Scethrog Farm (Ty 2019 Decision Newydd) (Full Application) at Ty- newydd Farm, Scethrog BreconLD3 7EQ

19/17860/FUL N: 228122 Mrs Menna Thomas for Proposed two- Permit 14 November Delegated E: 301254 storey side extension (Full Application) 2019 Decision at 15 Heol Sant Cattwg, Llanspyddid, Brecon LD3 8PD

19/17861/FUL N: 228475 Mr Geoffrey Waldron for Proposed Side Permit 14 November Delegated E: 303741 Extension (Full Application) at 2019 Decision Glenafton, Penyfan Road, Llanfaes Brecon LD3 8DB

19/17867/DISC N: 211117 Ms Kassandra Parker for Discharge of Permit 11 October Delegated ON E: 301528 conditions 3, 4, 5, 7 & 8 in pursuant to 2019 Decision application 18/16890/LBC (Approval of details reserved bycondition) at Grawen Farm, Cwm Taf, Merthyr Tydfil Merthyr Tydfil CF48 2HS

Page 77 19/17872/FUL N: 213556 Mr & Mrs Cooper for Rear extension Permit 14 November Delegated E: 326776 and replacement of windows to front 2019 Decision elevations (Full Application) at 3 High Willows , School Lane, Govilon NP7 9RH

19/17873/MINO N: 211316 Mr Kevin Price for Minor amendment to Permit 21 October Delegated R E: 305741 application number 18/16029/FUL. 1) To 2019 Decision install a sun stack to add light to the front dormer bedroom 2) To install a Juliet balcony to the rear first floor bedroom in place of a window. 3) Minor shape change to both of the front dormers 4) Use slate grey fortex pvc panels on the front and side of the dormers at the back and front instead of dark grey slate as shown on the attached plan. 5) Use slate grey fortex pvc on the gables as shown on the attached plan. (Non-Material Changes (Minor Amendments)) at Land At Swn-Y-Nant , Vaynor Road, Pontsticill Merthyr Tydfil CF48 2UN

19/17875/FUL N: 228794 Mr & Mrs Jason Bevan for Proposed Permit 18 November Delegated E: 304800 two-storey extension (Full Application) 2019 Decision at 10 Belle Vue Gardens, Brecon, LD3 7PA

19/17876/DISC N: 214079 Mrs Alison Hopkins for Discharge of Permit 22 November Delegated ON E: 284445 Condition 3 pursuant to Planning 2019 Decision Application 19/17536/FUL: Property to be clad in verticular timber cladding both ground _ first floor. General upgrades to property. New windows _ larger openings to rear with 2no.roof lights to flat roofs. (Approval of details reserved bycondition) at 2 Pencwarcoch, Penycae, Swansea Powys SA9 1FE

19/17884/FUL N: 228325 Mr J Clinton for Two-storey extension Permit 19 November Delegated E: 303491 and insertion of rooflight (Full 2019 Decision Application) at 16 Newgate Street, Llan- Faes, Brecon LD3 8DN

19/17890/DISC N: 212018 Ms Dawn Hughes for To discharge Permit 19 November Delegated ON E: 322404 conditions 3, 8, 10, 15 and 16 pursuant 2019 Decision to planning permission 16/13499/FUL (Approval of details reserved bycondition) at Former County Primary School, Clydach, Abergavenny Monmouthshire NP7 9HT

Page 78 19/17894/TPO N: 218268 Mr Andrew Keelan for To pollard one Permit 22 November Delegated E: 323976 oak tree (Tree Preservation Order) at 2019 Decision Llais Y Afon, Llangenny, Crickhowell Powys NP8 1HA

19/17907/DISC N: 222436 Dylan Roberts for Discharge of Permit 8 November Delegated ON E: 311636 Condition 8 relating to brick sample 2019 Decision pursunat to Planning Permission 19/17148/LBC for proposed repairs and alterations (Approval of details reserved bycondition) at Brynhyfryd, Talybont- On-Usk, Brecon Powys LD3 7YP

19/17908/DISC N: 219508 Mr & Mrs ANT & MARY ASTLEY for Permit 5 November Delegated ON E: 315428 Discharge of Conditions 3 and 7 for 2019 Decision material finishes and site levels pursuant to Planning Permission 19/16999/FUL for proposed detached dwelling (Approval of details reserved bycondition) at Glanyrafon (Plot 26 Land Adjoining), Castle Road, Llangynidr Crickhowell NP8 1NG

19/17913/MINO N: 219465 Mr John Howell for Minor Amendment Permit 31 October Delegated R E: 322324 to application 18/16781/FUL: Instead of 2019 Decision the proposed French Doors on the east end of the south-facing front elevation, this amendment is for two 800mm x 1100mm (width x height) sash windows to replace those French Doors (item #2 on the included drawings). (Non- Material Changes (Minor Amendments)) at The Wern Farm , Llanbedr Road, Crickhowell NP8 1SP

19/17916/MINO N: 229237 Powys County Council for Minor Permit 4 November Delegated R E: 305287 amendment in pursuant to planning 2019 Decision application 17/15291/FUL to vary wording of Condition 8 (site and off site infrastructure). See supporting letter. (Non-Material Changes (Minor Amendments)) at Land Off Cerrigcochion Road, Brecon , Powys LD3 9SR

19/17919/DISC N: 229515 Powys County Council for Discharge of Permit 15 October Delegated ON E: 303804 conditions in pursuant to application 2019 Decision 18/16981/FUL. Project Design for Archaeological Monitoring and Recording (Approval of details reserved bycondition) at Land North Of Heol Y Ffynnon, Brecon,

19/17923/CPL N: 229244 Mr & Mrs M Clarkson for Single-storey Permit 25 October Delegated

Page 79 E: 304271 extension to rear of dwelling (Certificate 2019 Decision Proposed Lawful Use/Dev) at The Stables, Peppercorn Lane, Brecon Powys LD3 9EG

19/17932/DISC N: 242068 Mrs Powell for Discharge of Condition 7 Permit 18 November Delegated ON E: 321995 pursuant to Planning Permission 2019 Decision 19/17641/FUL for proposed change of use of agricultural land to mixed agricultural and equestrain (Approval of details reserved bycondition) at Development Land North Of , Gipsy Castle Lane, Hay-On-Wye Hereford HR3 5EL

19/17945/CPL N: 228132 Mr & Mrs Davies for Construction of a Permit 25 October Delegated E: 301152 rear extension (Certificate Proposed 2019 Decision Lawful Use/Dev) at 2 Heol Sant Cattwg, Llanspyddid, Brecon LD3 8PD

19/17949/MINO N: 214576 Mr Savij Jadav for Minor amendment to Permit 13 November Delegated R E: 324448 application 19/17170/FUL to add 0.4m of 2019 Decision bay window protusion to approved 1.m extension. (Non-Material Changes (Minor Amendments)) at 7 Forest Hill, Gilwern, Monmouthshire NP7 0DY

19/17953/DISC N: 218762 Mrs Caroline Sheffield for Discharge of Permit 6 November Delegated ON E: 322197 condition 12 persuant to planning 2019 Decision permission 19/17252/FUL - replacement dwelling (Approval of details reserved bycondition) at Crossley House, 4 Great Oak Road, Crickhowell Powys NP8 1SW

19/18005/DISC N: 226593 Mrs Rebecca Ingleby Davies for To Permit 11 November Delegated ON E: 276913 discharge condition 8 pursuant to 2019 Decision planning permission 19/17618/FUL - details of the canvas colour for the tents (Approval of details reserved bycondition) at Nantrhodyn, Llanddeusant, Llangadog Carmarthenshire SA19 9AJ

Page 80 ENC8Item 2

AGRICULTURAL NOTIFICATIONS DELEGATED TO THE NATIONAL PARK OFFICERS

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

19/17887/AGR N: 221565 Mr A While for Alteration to an existing AGR 24 October Delegated E: 323373 stone barn to make it watertight and Planning 2019 Decision secure for agricultural use (Agricultural Permission Notification) at Barn At Graig Lwyd, Required Graig Lwyd, Llanbedr Crickhowell Powys NP8 1SY

19/17935/AGR N: 228888 Mr Richard Davies for New steel framed AGR 30 October Delegated E: 276251 agricultural building for the storage of Permitted 2019 Decision agricultural goods and machinery Developm (Agricultural Notification) at Gelli Felen, ent Myddfai, Llandovery Carmarthenshire SA20 0JQ

19/17909/AGR N: 223085 Miss Jodie Hall for Purpose built clear AGR 25 October Delegated E: 272836 polythene 16m long Polytunnel to Permitted 2019 Decision extend growing season and viability Developm (Agricultural Notification) at Cwm ent Gwenllan, Gwynfe, Llangadog

19/17901/AGR N: 236244 Mr Derek Davies for Proposed new AGR 25 October Delegated E: 318569 agricultural portal frame building Permitted 2019 Decision (Agricultural Notification) at Dan Y Developm Comin Farm, Felindre, Brecon, LD3 0TB ent

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FRINGE APPLICATIONS DELEGATED TO THE NATIONAL PARK OFFICERS

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

19/17883/FRI N: 233534 Powys County Council for Fringe Fringe 21 November Delegated E: 313254 application 19/0845/FUL from Powys Comments 2019 Decision County Council regarding proposed extraction site for sand and gravel, to include all associated works on land near to Tregunter Farm, Talgarth (Fringe Consultation) at Land Near Tregunter Farm, Talgarth,

Insufficient information has been submitted to properly assess the application in terms of its likely effects on the existing features and habitats of the site and nearby and the likely impacts on the Brecon Beacons National Park. In particular the following matters should be addressed:- i) A planning supporting statement is required to justify the application in terms of the policies and special qualities of the National Park, as referred to above, within the BBNPA LDP ii) A landscape and visual assessment should be submitted, to include reference to the matters raised above. iii) A noise and light management scheme should be submitted, to assess impacts on nearby residential properties, public footpaths and open access land within the National park. Reference should also be made to the BBNPA Local Development Plan policies and relevant SPG, Obtrusive Lighting and Light Pollution. iv) A tree report should be submitted to justify the loss of mature trees. Full details should be provided of effects on other adjacent existing trees and shrubs and a phased restoration plan should be provided to show beneficial after use. v) An ecological appraisal should accompany the application and mitigation, compensation and biodiversity enhancements provided. vi) A landscape and ecological management plan should be provided for the provision, management and maintenance of landscape and ecological features vii) A traffic impact assessment should accompany the application to ascertain the likely impact on the nearby highway network, the designated Cycle Route 8 and any requirements for passing bays/loss of hedgerows etc. viii) A Pollution Prevention Plan should accompany the application to ensure the proposals do not detrimentally effect the nearby SAC.

Overall, a formal objection is raised due to the lack of supporting information to justify the proposals and to demonstrate the likely impacts on the National Park.

19/17903/FRI N: 198412 Claire Hall - Torfaen CBC for Fringe 11 October Fringe E: 330861 Screening opinion for construction of a Comments 2019 Comments 25mw solar park and associated infrastructure (Fringe application). (Fringe Consultation) at Ty Coch, Newport Road, Pontypool NP4 0BZ

The general location of development is considered to be sensitive to landscape and visual changes. This is due to the sensitivity of the receptors locally including the high quality landscapes of the area and the site’s proximity to the National Park boundary. The development is therefore considered to be likely to have significant landscape and visual effects on the environment which potentially has an impact on the National Parks special qualities. The BBNPA is concerned that the development could have an impact on two special qualities of the National Park in particular the Park’s “sweeping grandeur and outstanding natural beauty” and the patchwork of “contrasting patterns, colours and textures”.

The National Park Authority would support a decision by your Authority to request an Environmental

Page 83 Statement to accompany a future application in order to provide a full understanding of the landscape and visual impact of the proposal. We would also welcome being consulted as part of any future EIA scoping stage for an Environmental Impact Assessment and/or once a Zone of Theoretical Visibility has been completed.

19/17917/FRI N: 211162 Neath Port Talbot Council for Fringe Fringe 19.11.2019 Delegated E: 282734 application Request for Scoping Comments Decision Opinion under Regulation 14 of the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 in respect of a proposed application for a rail testing and storage facility, known as the Global Centre of Rail Excellence (GCRE), and incorporating:- a Rolling Stock and Infrastructure Testing Facility (consisting of two test tracks of loop configuration, one 4.5km, inside a larger loop of 6.9km in length), New buildings including Test Platform/Station, Control Building, Research and Development Centre, Rolling Stock Maintenance Shed, Decommissioning facility and Rail Sidings, Winch-propelled facility for testing of track and track systems, Carriage Wash facility, plus ancillary development including land reformation, landscaping, infrastructure works and access (affecting land within Neath Port Talbot and Powys County Council administrative boundaries) at Land At And Surrounding The Nant Helen Opencast Coal Site, Powys And, Onllwyn Distribution Centre, Neath Port Talbot, SA10 9NN

Proposal The Scoping Request relates to the proposed development of a rail testing and storage facility, to be known as the Global Centre of Rail Excellence (GCRE).

Development would include: -

• Rolling Stock and Infrastructure Testing Facility (consisting of two test tracks of loop configuration; one 4.5km, inside a larger loop of 6.9km in length); • New Buildings including Test Platform/Station, Control Building, Research and Development Centre; • Rolling Stock Maintenance Shed, Decommissioning facility and Rail Sidings; • Winch-propelled facility for testing of track and track systems; • Carriage Wash facility; • Ancillary development including land reformation, landscaping, infrastructure works and access

It is proposed that a hybrid planning application would be submitted, with a full application made for the testing facility and ancillary development with the storage facility (located on the existing washery site) being proposed in outline only at this stage.

Page 84 The application has been submitted as a Scoping Opinion request under Regulation 14 of the Town & Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017.

The applicants ‘Environmental Scoping Report’ (September 2019) is viewable on the NPT and Powys CC Planning Register and includes details of the following issues which are proposed to be addressed in the Environmental Statement:

• Socio Economic • Noise and Vibration • Air Quality • Traffic and Transport • Hydrology and Flooding • Ground Conditions • Biodiversity • Cultural Heritage • Landscape and Visual • Health and Wellbeing • Climate Change • Major Accidents and Disasters; and • Cumulative Effects

Consideration

It is considered that the following matters should be addressed within the EIA or supporting information:-

The Environment Act (1995) Section 63 of the Environment Act (1995) sets out the statutory purposes of the National Park as follows:- o To conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park; and o To promote opportunities for the public understanding and enjoyment of the special qualities of the National Park In accordance with section 62(2) of the Environment Act (1995), any relevant Authority shall have regard to National Park purposes when performing any functions in relation to, or so as to affect, land in a National Park. Relevant Authorities include public bodies, government departments, local authorities and statutory undertakers.

Planning Policy Wales Planning Policy Wales (PPW Edition 10) acknowledges the statutory purposes of National Parks and reinforces the "Sandford Principle", whereby if there is a conflict between the statutory purposes, greater weight shall be given to the first purpose of conserving and enhancing the natural environment. PPW also recognises that natural heritage issues are not confined by administrative boundaries and that the duty to have regard to National Park purposes applies to activities affecting these areas, whether those activities lie within or outside the designated area.

PPW places significant emphasis on the need to afford the highest status of protection from inappropriate development. Paragraphs 6.3.5 to 6.3.16 should be given appropriate weight.

The Brecon Beacons National Park Management Plan (Approved 04.12.2015) The Brecon Beacons National Park Management Plan defines the special qualities of the National Park as: o Peace and tranquility - opportunities for quiet enjoyment, inspiration, relaxation and spiritual renewal. o Vitality and healthfulness - enjoying the Park's fresh air, clean water, rural setting, open land and locally produced foods.

Page 85 o Sense of place and cultural identity - "Welshness" o Sense of discovery o Sweeping grandeur and outstanding natural beauty o Contrasting patterns, colours, and textures o Diversity of wildlife and richness of semi-natural habitats o Rugged, remote and challenging landscapes. o Enjoyable and accessible countryside o Intimate sense of community

It is considered that the special qualities of peace and tranquility, outstanding natural beauty, in particular should be addressed within the EIA.

Brecon Beacons National Park Authority Local Development Plan 2007-2022 (LDP) Section 3.1.3 of the LDP sets out that whilst the National Park is a landscape designation there are instances where strict application of the boundary in making decisions is not appropriate - Cross Boundary issues include for example wind energy development and transport infrastructure. As previously set out section 62 (2) of the Environment Act (1995) places a duty on LDPs to have regard to the National Park purposes in making planning decisions which may impact on the National Park. The Authority will use LDP policy SP1 in commenting on proposals that impact on the National Park. Policy SP1 sets out the following:-

Development in the National Park will be required to comply with the purposes and statutory duty set out in legislation, and will be permitted where it: a) Conserves and enhances the natural beauty, wildlife and cultural heritage of the Park; and/or b) Provides for, or supports, the understanding and enjoyment of the special qualities of the National Park in a way that does not harm those special qualities; and c) Fulfils the two purposes above and assists the economic and social well-being of local communities.

LVIA

BBNPA have been provided with a copy of the NRW response to the scoping report dated 05.11.2019, which states that the general principles and methodology of the proposed Landscape Visual Impact Assessment (LVIA) appear to be sound, but offer detailed advice, notably that the proposed Zone Theoretical Visibility (ZTV) which is proposed to be limited to 2km from the project boundary, would miss out a number of viewpoints and receptors within the National Park, including from land north/east of Coelbren/Dyffryn Cellwen, on the ridges of Llorfa and Cefn Mawr to the north west and from Cribarth to the north and around Pen-y-cae to the north east. They advise that the ZTV should be widened to 5km to ensure that sensitive areas and receptors within the National Park are included. NRW also state that the ZTV for cumulative effects should also be 5km. BBNPA would concur with this advice.

It is noted that Viewpoints 2, 3, 4, 9, 12, 13, 17 & 18 are in the National Park In light of NRW advice, it is considered that the following additional viewpoints could be considered:-

 Trig point on Cribarth (SAM & Registered Common Land) approx. 3.16km  Public Footpath north east of Henrhyd falls, south of Bryn Bugeiliaid (open access land) 2.5-3km  Dismantled railway north west of Bryn Bugeiliaid forest, on edge of NNR (Ogof Ffynnon Ddu) & a permissive path (Open Country) approx. 4km  Bridleway on Cefn Mawr ridge North West of Giedd Forest (Open Access) 4.8-5km. The alternative to this could be the Llorfa ridge, which was used in the open cast assessment, although this is further away.  Potential viewpoints from paths on/close to the site with views looking towards the National Park e.g. on Mynydd Y Drum or to the south.

Page 86

However, BBNPA reserve the right to request additional viewpoints, should the detailed submissions identify landscape or visual impacts on nearby sensitive areas within the National Park, which have not been satisfactorily addressed through the LVIA.

NRW state that the LVIA should refer to the National Park’s Management Plan, (This should be the latest version 2015-2010), the Special Qualities of the National Park (particularly peace and tranquility) and the Landscape Character Assessment (This is as set out in the Landscape and Development Supplementary Planning Guidance dated 24.10.2014). Impacts on LANDSCAPE Character Area 2 - Y Mynydd Du, 3 – FFOREST Fawr and 4 -Waterfall Country and Southern Valleys should be assessed. BBNPA would concur with this advice.

NRW have stated that the baseline for the LVIA should be based on the approved restoration plans for the site, and not the existing situation, i.e. the existing working surface coal mine which is a largely pre- restored site. BBNPA would concur with this advice. BBNPA is aware that the site is subject to planning conditions to secure restoration of the site to beneficial after uses and this also means that the site is not a brown field site, but green field – this fact should be reflected in the supporting documentation and the LVIA.

NRW refer to the need to consider effects of light pollution, particularly night time effects and the Dark Sky Reserve status of the National Park. BBNPA would concur with this advice. Reference should be made to the BBNPA Supplementary Planning Guidance – Obtrusive Lighting and Light Pollution dated 27.03.2015.

General Comments

Renewable energy generation The Scoping Report, at para 15.6, refers to installing renewable energy generation to mitigate the effects of climate change. Such development should be included in the description of development, the nature of the development clarified and if it involves standalone features, these should be properly assessed as part of the LVIA.

Control of artificial lighting It is considered that lighting should be included as a standalone topic within the EIA, as it has the potential to be a significant issue, in respect of lighting during construction and operation. The management and mitigation of artificial light emissions should be produced for the proposed development.

PPW-section 6.8 refers to lighting, and specifically to dark sky reserves of the Brecon Beacons, and their characteristics should be taken into account when considering individual development proposals.

The BBNPA Local Development Plan policy 12 Light Pollution and the BBNPA Supplementary Planning Guidance – Obtrusive Lighting and Light Pollution dated 27.03.2015 are considered relevant and should be taken into account in the assessment of lighting within the proposed development.

Archaeology The cultural heritage assessment should include an assessment upon the settings of a number of scheduled monuments within the Brecon Beacons National Park boundary.

Biodiversity If the proposal is to meet Planning Policy Wales Edition 10 (2018), net biodiversity benefits must be part and parcel of the project description and design. These benefits must be demonstrated over and above those provided by the existing agreed restoration for the opencast site.

Page 87 Whilst it is noted that footnote 17 which explains ‘Notable Species’ include s7 species, the scoping report appears inconsistent on their consideration indicating that they have and haven’t been previously recorded at the site (Para. 289).

Cumulative Impacts The consideration given to in combination impacts in the scoping opinion appears particularly weak. For instance it omits any detailed appreciation of the projects for which in-combination impacts will be assessed.

The relationship with projects in the draft National Development Framework, the Wales Infrastructure Investment Plan project pipeline and those emerging from the Brecon Beacons National Park Management Plan (e.g. Waterfall Country and the Gunpowder Works) must be considered, not least through the Habitats Regulations Assessment.

Furthermore, in the context of the Habitats Regulations Assessment, the resulting Environmental Impact Assessment must build on the Habitats Regulations Assessment and recognise that “in combination” effects may mean that likely significant effects on a Natura 2000 site cannot be ruled out even though the project, by itself, would not have a significant effect.

Conclusion It is respectfully requested that the above considerations are secured within the Scoping Opinion.

19/17943/FRI N: 203504 Cadnant Planning for Fringe application Fringe No 23 October Delegated E: 291906 for Re-consultation further to Comments 2019 Decision previously considered application 19- 17145-FRI. Zip C now proposes to finish on land at Tower Colliery rather than on a field to the west of Tower Colliery, remainder of the scheme remains unchanged. at Land at Rhigos Mountain and Former Tower Colliery

My letter dated 30 April 2019 provided the BBNPA substantive comments in relation to the proposed development.

Revision The route of Zip C has been amended. Zip C would begin from the same location, however the landing area and the end of the zip line is now proposed on land at Tower Colliery, immediately to the west of the headframe building which is Grade II listed, and in close proximity to the listed Engine House, Fan House and Pithead buildings, which are also Grade II listed buildings.

The stopping system would extend to 115m with a compacted hardcore landing strip would be created at the bottom of Zip C.

Heritage Impact Statement (HIS) The HIS recognises that the site lies in a sensitive location from a historic landscape perspective. The potential impact of the proposals on the setting of the listed buildings is considered in Section 6 of the Heritage Impact Statement (HIS). Figure 6.6 shows the location of the gantries and wires for the landing strip for zip line C, with the headframe clearly evident to the east of these. The HIS states that the impact on their setting will be minimal and that whist the proposal will be visible in close proximity, given their construction, scale and the industrial nature of the site, the impact would not be inappropriate to the setting of the listed buildings.

Page 88 From a wider perspective, to the east and Rhigos Road and west of the site some of the gantries will be visible, but they will not be intrusive in the landscape and are not considered to have a detrimental impact on the historic asset, due to their nature and industrial nature of the site. There would also be a positive impact due to the clearance of debris.

In relation to the impact in relation to the nearby scheduled monument, and known undesignated assets, the proposed development would not cause unacceptable harm.

Landscape and Visual Statement (LVS)

Amendments have been made to the LVS to take account of the revised alignment of Zip C. However the conclusions remain the same as the original LVS. There would be minor landscape impacts, minor visual impacts and major impact on the views from the Rhigos layby.

Considerations

In view of the conclusions raised in the above documents, the National Park Authority raise no objection to the revised route of Zip C.

19/17912/FRI N: 207582 Neath Port Talbot Council for Fringe Fringe No 23 October Delegated E: 290050 application P2019/5389 from Neath Comments 2019 Decision Port Talbot Council for retention of existing detached outbuilding plus single storey side extension to connect it with main building to facilitate relocation of kitchen into outbuilding. Construction of 2m high fence and gate to enclose external storage area. Insertion of door in lieu of window to side elevation of main building (Fringe Consultation) at Tourist Information Centre, Pontneathvaughan Road, Glynneath SA11 5NR

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BRECON BEACONS NATIONAL PARK AUTHORITY PLANNING, ACCESS & RIGHTS OF WAY COMMITTEE

SUMMARY OF APPEALS

APPEAL LODGED (DEVELOPMENT CONTROL)

Ref Date Appellant Dev/Location Description of Development

None

Appeal Decision (Development Control)

Ref Date Appella Dev/Location Description of nt Development

18/16966/CON 04.11.2019 Mr and Troed Y Rhiw Removal of Condition 2 relating to Mrs C D Gou occupants of agricultural workers Severn Cwmyoy dwelling being employed in agriculture Abergavenny relating to Application M9487. Date of NP7 7NH Decision: 29 July 1988 Appeal Dismissed – Appendix 1 ENF/17/01806/ 04.11.2019 Charles Tyllys Appeal against material change of use ODP2 M.B. Tretower enforcement notice Wright Crickhowell Appeal Allowed – Appendix 2 And Powys Judith NP8 1RF A.W. Wright

Brecon Beacons National Park Authority 10th December 2019 Planning Access & Rights of Way Committee Page 91

Penderfyniad ar yr Apêl Appeal Decision Ymweliad â safle a wnaed ar 21/10/19 Site visit made on 21/10/19 gan Clive Nield BSc(Hon), CEng, by Clive Nield BSc(Hon), CEng, MICE, MICE, MCIWEM, C.WEM MCIWEM, C.WEM Arolygydd a benodir gan Weinidogion Cymru an Inspector appointed by the Welsh Ministers

Dyddiad: 04.11.2019 Date: 04.11.2019

Appeal Ref: APP/P9502/A/19/3235486 Site address: Troed y Rhiw Gou, Brynarw to Llanthony Wood, Cwmyoy, Abergavenny, NP7 7NH The Welsh Ministers have transferred the authority to decide this appeal to me as the appointed Inspector. • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission under section 73A of the Town and Country Planning Act 1990 for the development of land carried out without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr and Mrs C.D. Severn against the decision of the Brecon Beacons National Park Authority. • The application Ref 18/16966/CON, dated 18 December 2018, was refused by notice dated 18 February 2019. • The application sought planning permission for an agricultural worker’s dwelling without complying with a condition attached to planning permission Ref M9487, dated 29 July 1988. • The condition in dispute is No. 2 which states: The occupation of the dwelling shall be limited to a person solely or mainly employed or last employed in the locality in agriculture as defined in Section 290(1) of the Town and Country Planning Act 1971, or in forestry (including any dependants of such a person residing with him/her), or a widow or widower of such a person. • The reason given for the condition is: The site is situated in open countryside where planning permission for new development would not normally be granted. This permission has been granted solely on the basis of proven special need for accommodation for an agricultural worker in this location.

Decision

1. The appeal is dismissed.

Procedural Matters

2. The application referred to Condition No. 3 of outline planning permission M8747 dated (incorrectly) as 26 November 1989. However, the parties have agreed that Condition No. 2 of permission M9487 (as detailed above) is the correct condition.

3. Mr and Mrs Severn say they built the house in 1989/90, have lived in it ever since and have never worked in agriculture. They have provided various pieces of evidence to that effect, and the Council has not disputed it. However, whilst such evidence would be entirely relevant to an application for a certificate of lawfulness, it has little relevance to the current appeal which has to be considered on the planning merits.

Page 92

Appeal Decision APP/P9502/A/19/3235486

Main Issue

4. The main issue to be considered is whether the condition still meets the tests prescribed for conditions and, in particular, whether or not the condition is necessary, fair and reasonable.

Reasons

5. It is common ground that planning permission would not be granted today for a new dwelling on the appeal site unless it was justified as essential to serve a rural enterprise need. The relevant current Local Development Plan (LDP) policies are: Policy SP1, a strategic policy which describes how the purposes and statutory duty of the Brecon Beacons National Park Authority (BBNPA) are to be taken into account in development decisions; Policy 1, which sets out the criteria with which development must comply; and Policy CYD LP1, which defines what development is acceptable in countryside locations. The grant of planning permission for a new house would be contrary to these policies if an appropriate rural workers occupancy condition was not attached to it.

6. Welsh Government Circular 016/2014, The Use of Planning Conditions for Development Management, includes advice that “Where a rural enterprise occupancy condition has been imposed it will not be appropriate to remove it on a subsequent application unless it is shown that the existing need for such dwellings for rural enterprise workers in the locality no longer warrants reserving the house for that purpose”. Thus, the matter to be considered in assessing whether or not the disputed condition is still necessary is whether or not that need still exists.

7. The LDP says that applications for the removal of a rural enterprise dwelling occupancy condition (or an old agricultural dwelling occupancy condition) will be required to provide evidence that the dwelling has been on the market for sale or rent at a price which reflects the occupancy condition for at least 18 months. The Appellants take issue with this and compare it with the 6 months period specified in the Council’s Supplementary Planning Guidance, Policy CYD LP1: Enabling Appropriate Development in the Countryside. However, I note that that 6 months period refers to quite different circumstances than the current appeal, and I would certainly expect any marketing exercise to be carried out over a much longer period to demonstrate that a serious and honest attempt has been made to rent or sell the property to someone who met the terms of the occupancy condition.

8. In this case, it is not relevant what period is considered appropriate as no attempt whatsoever has been made to sell or rent the property to test the market. Instead, Mr and Mrs Severn have presented 3 arguments: firstly, that their estate agent has not encountered any enquiries for an agricultural worker’s dwelling during his experience over 15 years; secondly, that a nearby (lower value) property received no successful responses after a marketing exercise; and thirdly, that the appeal property would be too expensive for an agricultural worker to afford.

9. I place no weight on the agent’s anecdotal evidence and, in the absence of evidence as to how the nearby property was marketed, that is also little more than anecdotal evidence. As to the affordability of the appeal property, Mr and Mrs Severn may well be right. However, unless and until the house has been marketed appropriately, it is not possible to tell. Furthermore, it is not just the period of marketing that is important. I would expect appropriate efforts to be made to find buyers or tenants who would comply with the condition and for the house to be offered at a substantially discounted price (purchase or rental) in comparison with its open market value.

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10. I note that the Appellant’s estate agent has estimated the value of the house to be “£450,000 based on the current Agricultural tie being removed” and “£400,000 if the tie was to remain”. Such a discount (11%) would not be sufficient to test the need to retain the condition. Mr and Mrs Severn have referred to a report prepared for the Welsh Government in 2005 entitled Essential Dwellings in the Open Countryside. They have drawn my attention to its conclusions that some properties are too large to be afforded by rural workers and that properties should not be left vacant where an occupancy condition cannot be fulfilled, and these are both relevant considerations. However, the same report also says that “The standard practice is to require that the property is marketed at a value that reflects the occupancy condition (normally 30% - 40% less than the open market value) over 6 months to a year”. That reduction is intended to take into account the relatively low income levels of many rural workers. Clearly, the estate agent’s advice falls well short of meeting this requirement.

11. In conclusion, the Appellants have failed to carry out a suitable investigation into whether or not there is a need for rural enterprise dwellings in the locality and, in particular, whether there would be any interest in the appeal property from anyone who meets the terms of the condition. Consequently, I am unable to assess whether or not there is a need for the disputed condition to be retained to ensure that sufficient accommodation is available in the locality for such people.

12. Without setting aside that potential need, removal of the disputed condition would be contrary to development plan policy, and I conclude that it remains necessary to retain the condition. In the circumstances, the condition is fair and reasonable and meets the other tests prescribed for planning conditions. For the reasons above I conclude that the appeal should be dismissed.

13. In reaching my decision, I have taken into account the requirements of sections 3 and 5 of the Well Being of Future Generations (Wales) Act 2015. I consider that this decision is in accordance with the Act’s sustainable development principle through its contribution towards the Welsh Ministers’ well-being objective of building resilient communities, culture and language.

Clive Nield

Inspector

Page 943

Dyddiad: 04.11.2019 Date: 04.11.2019

Appeal Ref: APP/P9502/C/19/3234207 Site address: Land at Tyllys, Tretower, Crickhowell, Powys, NP8 1RF The Welsh Ministers have transferred the authority to decide this appeal to me as the appointed Inspector. • The appeal is made under section 174 of the Town and Country Planning Act 1990 as amended by the Planning and Compensation Act 1991. • The appeal is made by Mr Charles Wright against an enforcement notice issued by the Brecon Beacons National Park Authority. • The enforcement notice, numbered ENF/17/01806/ODP2, was issued on 7 June 2019. • The breach of planning control as alleged in the notice is, without planning permission, the material change of use of the land to a mixed use of agriculture and the siting of a Shepherd’s Hut for holiday accommodation and associated operational development. • The requirements of the notice are to: 1. Cease the use of the land for the siting of a Shepherd’s Hut for holiday accommodation. 2. Remove from the land the Shepherd’s Hut, raised decking, steps and log store located in the approximate position marked with an X on the plan attached to this notice. 3. Remove from the land the hardstanding (surface dressing stone work) located in the approximate position marked with an X on the plan attached to this notice by hand and reinstate with top soil and seed with grass seed to match surrounding land. • The periods for compliance with the requirements are: 3 months for Steps 1 and 2; and before the end of April 2020 for Step 3. • The appeal is proceeding on the grounds set out in section 174(2)(a) of the Town and Country Planning Act 1990 as amended. The application for planning permission deemed to have been made under section 177(5) of the Act as amended also falls to be considered.

Decision

1. The appeal is allowed, the enforcement notice is quashed and planning permission is granted on the application deemed to have been made under section 177(5) of the Act as amended for the development already carried out, namely the change of use of the land at Tyllys, Tretower, Crickhowell, Powys as shown on the plan attached to the notice, to a mixed use of agriculture and the siting of a Shepherd’s Hut for holiday accommodation and associated operational development, subject to the following conditions:

(1) No more than 1 Shepherd’s Hut is to be stationed on the land, and it shall be sited in the location shown marked X on the plan.

Reason: To ensure adherence to the approved development and plans in the interests of a satisfactory form of development.

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Appeal Decision APP/P9502/C/19/3234207

(2) The Shepherd’s Hut shall not remain on the site between 31st October in any one year and 1st March in the succeeding year.

Reason: To comply with Policy 46 of the adopted Local Development Plan for the Brecon Beacons National Park (BBNP) in order to protect the visual amenity of the area during the winter months.

(3) The site shall not be occupied for holiday accommodation, nor any paraphernalia or vehicle associated with that use remain on the land, between 31st October in any one year and 1st March in the succeeding year.

Reason: To comply with Policy 46 of the adopted Local Development Plan for the BBNP in order to protect the visual amenity of the area during the winter months.

(4) The development hereby permitted shall not be let to or occupied by any one person or group of persons for a continuous period of longer than 3 months and shall not be used as permanent accommodation. A register of the lettings, including the names and main home addresses of guests, shall be kept up to date and made available for the local planning authority to inspect at all reasonable times.

Reason: To ensure the approved holiday accommodation is not used for permanent residential accommodation, as Local Development Plan policy does not permit the introduction of an unrestricted unit of residential accommodation in this rural area without appropriate justification.

Procedural Matters

2. The appeal was originally made in the names of C M B Wright and J A W Wright, on whom the enforcement notice was served. However, it is now proceeding solely in the name of Mr Charles Wright.

3. No Brecon Beacons National Park Authority (BBNPA) representative attended the accompanied site visit, which I thus carried out as an access required visit. I am satisfied that I saw everything necessary, and the BBNPA has confirmed it is happy for me to proceed to a decision.

Main Issues

4. The main issues in this case are the effects of the Shepherds Hut and its use as holiday accommodation on the landscape, whether or not the risks and consequences of flooding are acceptable, and the effects of this farm diversification on the viability of the farm.

Reasons

5. The Shepherd’s Hut is a small mobile structure sited near the corner of a field close to the Tyllys farm buildings and some 75 metres from the remains of Tretower Castle, which is a Grade I listed building and a Scheduled Ancient Monument, and which is itself situated adjacent to the farm buildings. The field is on the floor of the valley and the surrounding land is relatively flat. The additional operational development associated with the hut is also quite minor, it is not separately fenced from the rest of the field, and the field is otherwise in use for the grazing of sheep.

6. The BBNPA argues that the hut is visually prominent in the landscape and could not be made acceptable by conditions. However, this is a matter of subjective judgement,

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and I disagree. The hut is very small and is well screened by hedgerows on 2 sides, such that it is not visible from those directions. It can be seen from a small number of nearby properties, from the passing minor lane and from the Castle. However, even in views from these, the hut has very little impact, and I consider its impact on the landscape as a whole to be minor.

7. It has potential to affect the setting of Tretower Castle. However, the Council is of the opinion that it does not have an adverse effect, “especially as the hut could be changed in colour to suit the requirements of CADW”. I agree with the Council’s assessment on this, though I also consider the present green colour to be acceptable.

8. Turning to the issue of flood risk, the hut is situated on the floodplain, and the land is at risk of flooding in extreme flooding events. It is reported to lie on the edge of a C2 flood zone, i.e. an area of floodplain without any significant defence infrastructure. As such, Planning Policy Wales’ Technical Advice Note (TAN) 15, Development and Flood Risk, advises that highly vulnerable development should not be permitted, and that includes all residential development including caravan parks. In this case the shepherd’s hut must be taken to be a caravan, though it is different from most caravans in being elevated with its floor some 700 mm above ground level. Thus, it is less susceptible to being washed away or to floating in water than a caravan.

9. The Appellants have referred to a flood risk report produced in 2013 for the owner of Zoar Chapel, which is situated nearby, has a lower floor level than the hut, and has recently been converted to residential use. They say the report shows the hut site to lie on the edge of an area at risk of flooding in a 0.5% event (often referred to as a 1 in 200 years event), with depths up to 100-300 mm, far below the level of the floor of the hut. I have no further information about that report, though it may have been produced in connection with an application for permission for the change of use of the former chapel to a dwellinghouse.

10. TAN15 advises that development in areas at risk of flooding should be considered against justification and consequences tests. In view of the benefits of the shepherd’s hut in diversification of the farm business (explained below), which contributes towards sustaining the local community, I consider it meets those parts of the justification test. So far as consequences are concerned, it is pertinent that the site lies on an extensive, wide, flat plain and that any flooding would spread slowly, rise slowly and involve minimal water velocities. Thus, occupants of the shepherd’s hut would not experience rapid inundation of flood water. I conclude that potential consequences would be slight and manageable.

11. Finally, the development brings a significant benefit in improving the financial viability of the farm business. The farm is an important element of the local economy, and its continuing viability contributes towards the sustainability of the local community. Both national and local policy supports the diversification of farm businesses into tourism, and this is a substantial benefit.

12. In terms of the Local Development Plan policies, I consider it maintains the character and beauty of the National Park and benefits the economic vitality of the local community, such that it complies with Policy 1 (Appropriate Development in the National Park) and Policy SP1 (the purposes and duties of the National Park). Policy CYD LP1 (Enabling Appropriate Development) includes support for proposals to enable rural enterprise and farm diversification, and Policy 46 (Non-permanent Holiday Accommodation), so far as it is applicable, is consistent with my conclusions above.

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13. Overall, I have concluded that the shepherd’s hut and its use as tourist accommodation has only a minor impact on the landscape, does not harm the setting of Tretower Castle, and is subject to only quite limited risks and consequences of flooding. I consider that these are outweighed by the benefits to the viability of the farm business and the local community.

14. I conclude that the appeal should be allowed and that planning permission should be granted subject to several necessary conditions.

15. The BBNPA has suggested a number of conditions and, of these, I consider conditions are needed to limit the number of shepherd’s huts to 1 No. (to avoid further impact on the landscape) and to prevent the hut’s use for permanent residential accommodation. I also consider that conditions are needed to limit the stationing of the shepherd’s hut and its use to certain periods throughout the year (in order to minimise its visual impact during winter months). The BBNPA has suggested that it not be used during the months of November, December, January and February each year, and that seems to be a reasonable limitation. LDP Policy 46 requires that non-permanent holiday accommodation not be occupied as permanent residential accommodation and that it be subject to a seasonal occupancy condition to restrict use at certain times of the year. The Appellants have not commented on the conditions suggested by the BBNPA, and I consider that these meet the prescribed tests for planning conditions.

16. The BBNPA has also suggested conditions for the hut to be recoloured, for a scheme of landscaping, and for controls on any external lighting. In view of my conclusions above on the limited visual impact of the shepherd’s hut, I do not consider these to be necessary.

17. In reaching my decision, I have taken into account the requirements of sections 3 and 5 of the Well Being of Future Generations (Wales) Act 2015. I consider that this decision is in accordance with the Act’s sustainable development principle through its contribution towards the Welsh Ministers’ well-being objective of supporting people and businesses to drive prosperity.

Clive Nield

Inspector

Page 984

Planning Obligations 20th November 2019

Key:

AH – Affordable Housing BIO – Biodiversity COF – Community Facility EDU – Education HER – Heritage HIW – Highways/Transport AF – Affordable Housing Contributions OTH – Other REC – Recreation/Open Space/Footpath RED – Rural Enterprise Dwelling/Land Tie

 With other party/parties  With the Authority / Authority’s external solicitors

Application Applicant/ Site/ Development/ Planning Committee Date Current Number Developer Location Proposal Obligations Date Completed Status

17/15496/FUL Ms Helen Williams Coed Y Bryn, Bwlch, Brecon LD3 7HJ Erection of a two-storey dwelling AF N/A (Delegated) 

18/15681/OUT Mr R Jenkins Oakview, Pencelli Erection of 5 detached dwellings AH N/A (Delegated)  Page 99 Page

Deed of 18/15820/CON Mrs Judith Tuthill Coed Farm, Fforest Coalpit Deed of Variation N/A (Delegated)  Variation Conversion of the first floor area of an existing Ty Llys, Tretower, Crickhowell, Powys 18/16074/FUL Mr Mick and Jodie Wright outbuilding to residential accommodation at “Ty Llys” AF N/A (Delegated)  NP8 1RF Farm Tretower Land Adjoining Brecon 17/14686/OUT Mr & Mrs W and C Davis Pharmaceuticals Gypsy Castle Lane Erection of five dwellings (outline) AH N/A (Delegated)  Hay-on-wye Outline application (seeking approval for access only)

Mr Jon Harvey, Wales & Former Community Centre, Hay on ENC8Item 5 15/13047/OUT for construction of 19 dwellings and associated AH 23.08.2016  West Housing Association Wye works. Application yet to be Hanson Quarry Products Penderyn Quarry Details yet to be submitted OTH N/A  submitted Europe Ltd Application to vary or remove conditions 2, 3,4 5, 6, River House, Captains Walk, Brecon 18/16788/CON Chris Blake 12 13 and 16 attached to planning permission AF N/A  Powys LD3 7DS 15/11949/FUL – Erection of new build house Conversion of redundant Agricultural barn to Ty Cooke Farm , Old Abergavenny R J Price & Co provide 1no (2 bed) Holiday let accommodation and 19/17295/FUL Road, Pencroesoped Llanover NP4 AF/OTHER 25/10/2019 Completed 1no (3 bed) Caretaker/Manager dwelling. Alterations 8QZ to existing agricultural barn.

C:6194887v1 Application Applicant/ Site/ Development/ Planning Committee Date Current Number Developer Location Proposal Obligations Date Completed Status

Tircue Beasthouse, Cantref, Powys, Change of use from holiday let to farming family 19/17247/FUL Miss J Phillips AF/OTHER  Brecon LD3 8LL residential dwelling

Gilfach, Cross Inn To Llangadog, Change of use of barn to one self-contained dwelling, 19/17318/FUL Mr S Welton AF/OTHER  Llanddeusant Llangadog SA19 9EY drainage and associated works.

Proposed development of 5 new build residential dwellings and change of use of existing Presbytery and Church to residential use, including new access Land North of Brecon Road, arrangements off Brecon Road, along with a garage 18/16072/FUL BS Estates OTH 3 September 2019  Crickhowell, Powys NP8 1DG and parking space for existing St Joseph's Cottage; demolition and re-alignment of boundary wall to Pen Y Dre; and associated works including highway, Page 100 Page drainage and landscaping. Land to South of the A465 and North Proposed Residential Development and Associated AH/REC/HIW/ 18/16964/OUT Mr Simon Grey 29 October 2019  of the B4246, Govilon, Abergavenny Highway Access on land off the B4246, Govilon EDU/OTH

N.B- Columns highlighted yellow are updates of new planning obligations since last PAROW

N.B. Columns highlighted blue indicate that the matter has been withdrawn/aborted

C:6194887v1 Amount Application Date Permission SM Date Date Date Allocated Proposal Settlement detailed in number granted area Received Allocated Paid to S106 Construction of 92 dwellings, Cae Melin Homes - Ty Clyd 13/10295/FUL Permitted 07.10.2014 A,C&H Mon Gilwern £175,200.60 28.02.2017 09.02.2018 Meldon Close Construction of one dwelling at Ael Y 13/09841/FUL Permitted 27.10.2015 B&R Powys Bwlch £15,056.80 Bryn Erection of 1 dwelling - Roayl Oak, 13/10285/FUL Permitted 30.09.2014 B&R Powys Pencelli £16,251.60 Pencelli Multiple Housing Development - Ty 13/10289/OUT Permitted 25.10.2016 A,C&H Mon Govilon £5,045.84 Clyd Close

14/11036/FUL Permitted 12.10.2016 The studio, Upper House Farm A,C&H Powys Crickhowell £5,000 04.01.2017

18/16692/FUL Permitted 17.05.2019 Variation to Canal Bank Garden B&R Powys Brecon £2,000.00

14/11607/FUL Permitted 12.06.2016 Single Dwelling, 19 Fairhome, Gilwern A,C&H Mon Gilwern £24,377.40

14/11655/FUL Permitted 07.04.2015 Dan Y Castell, Crickhowell A,C&H Powys Crickhowell £2,000 03.07.2018

15/11949/FUL Permitted 24.04.2017 Captain's Walk, Brecon B&R Powys Brecon £17,144.80

Page 101 Page 15/12528/FUL Permitted 16.12.2016 2 Dwellings to the rear Bronant B&R Powys Talgarth £15,000

15/12509/FUL Permitted 18.03.2016 1 dwelling, Green Meadows B&R Powys Brecon £19,105.20

16/13164/FUL Permitted 27.02.2018 Change of use of chapel to dwelling B&R Powys Maescar £20,450.80

15/13000/FUL Permitted 26.05.2016 1 dwelling, Peppercorn Lane B&R Powys Brecon £2,465.53 Conversion Triley Court Nursing 16/13266/FUL Permitted 24.05.2016 A,C&H Mon Abergavenny £25,000 18.05.2017 Home Variation of Planning obligation to 14/11593/CON Permitted 11.03.2015 A,C&H Powys Llangynidr £89,262 01.04.2016 11/06647/FUL

16/13533/OUT Permitted 28.02.2017 Outline application detached dwelling B&R Powys Libanus £22,190.80

16/13213/FUL Permitted 12.07.2017 Conversion to 3 flats 29 High Street B&R Powys Brecon £15,000 ENC8Item 6

14/10864/FUL Permitted 24.09.15 Erection of a 2 bedroom bungalow B&R Powys Pennorth £16,959.20

16/13832/FUL Permitted 13.03.2017 New Dwelling Ty'r Berllan A,C&H Powys Crickhowell £5,000.00 Mixed use development Cwrt Y 12/08575/OUT Permitted 13.01.17 A,C&H Powys Crickhowell £517,528.20 Gollen 1 Dwelling at St Johns Church 17/14713/FUL Permitted 14.08.2017 B&R Powys Libanus £22,190.00 10.09.2019 Libanus

17/15038/FUL Permitted 14.02.2018 Land Adjacent To Trem Y Bannau B&R Powys Llangorse £18,745.60 Appeal allowed received in A,C&H Mon O/C £97,440.00 17/14369/DEEM 25.08.2017 Pen Y Mynydd Barn full 17/14749/FUL Permitted 01.05.19 Derwen Deg Barn A,C&H Mon Govilon £28,118.40 Minded to permit 17/15496/FUL B&R Powys Bwlch £16,692.40 11.01.2018 Coed Y Bryn, Bwlch Minded to permit Erection of 5 dwellings, land adj 17/14686/OUT A,C&H Powys Hay £17,208.60 27.08.2018 Brecon Pharm

17/15356/FUL Permitted 21.06.2018 Norcott Common Road A,C&H Mon Gilwern £28,657.00 Outline application for a single 18/16733/OUT Permitted 19.06.2019 A,C&H Mon Gilwern £12,644.80 dwelling, Tremfa

18/16045/FUL Permitted 11.09.2019 12 Residential units B&R Powys Brecon £59,000.00 Pentwyncanol, Glanaman (renovation 18/15843/FUL Permitted 08.01.2019 RS Carms Glanaman £83,172.00 8.01.19 of former Dwelling) outline permission single dwellng 17/14646/OUT Permitted 03.09.2019 B&R Powys Brecon £30,763.00 (indicative maximum )

Page 102 Page

Total £1,424,670.57 £499,265 175,200.60

Total Abergavenny, Crickhowell and Hay Sub Market area £1,032,482.84 £393,903 175,200.60

Total Brecon and Rural Hinterland and Sub Market area £309,015.73 £22,190

Total Heads of the Valleys and Rural South area £83,172 £83,172

Total Powys £945,014.53 £118,452

Total Carms £83,172 £83,172

Total Mons £396,484.04 £297,641 175,200.60 Deferred Payments Application Ref Date Decision issued Site Address Reason for Deferral of payment Deferred Contribution 17/14459/FUL Permitted 16.03.2018 Old Castle Farm, Old Castle Road, In line with paragraph 3.3.10 of 58% of Acceptable Cost Crucorney Supplementary Planning Guidance Guidance for Policy CYD LP1 (Enabling Appropriate Development in the Countryside).

19/17295/FUL Permitted 22.10.2019 Ty Cooke Farm, Llanover In line with paragraph 3.3.10 of 58% of Acceptable Cost

Page 103 Page Supplementary Planning Guidance Guidance for Policy CYD LP1 (Enabling Appropriate Development in the Countryside).

19/17318/FUL Minded to permit Gilfach, Llanddeusant In line with paragraph 3.3.10 of 58% of Acceptable Cost Supplementary Planning Guidance Guidance for Policy CYD LP1 (Enabling Appropriate Development in the Countryside). This page is intentionally left blank ENC8Item 7

Brecon Beacons National Park Authority Internal Reporting: Planning Performance Figures From: 01 October 2019 to 31 October 2019

APPROVALS GRANTED REFUSED %APPROVED 50 5 91 8 WEEK PERFORMANCE Under8Weeks Over8Weeks 8Wks% 51 4 93 HOUSEHOLDER 8 WEEK PERFORMANCE Under8Weeks Over8Weeks 8Wks% 15 1 94 AGREED EXTENSIONS PERFORMANCE AEunder AEover AE% 14 0 100 AGE OF APPLICATIONS >8Wks >13Wks >16Wks >2Yrs 24 17 16 2

Analysis of applications on hand

January RECEIVED ONLINE ONLINE% DECIDED ON HAND 2019 46 28 61 35 125 February RECEIVED ONLINE ONLINE% DECIDED ON HAND 2019 60 39 65 34 146 March RECEIVED ONLINE ONLINE% DECIDED ON HAND 2019 47 32 68 47 141 April RECEIVED ONLINE ONLINE% DECIDED ON HAND 2019 30 26 86.7 49 109 May RECEIVED ONLINE ONLINE% DECIDED ON HAND 2019 55 39 71 37 126 June RECEIVED ONLINE ONLINE% DECIDED ON HAND 2019 52 40 76.9 32 138 July RECEIVED ONLINE ONLINE% DECIDED ON HAND 2019 62 51 82.3 42 151 August RECEIVED ONLINE ONLINE% DECIDED ON HAND 2019 45 31 68.9 40 150 September RECEIVED ONLINE ONLINE% DECIDED ON HAND 2019 65 51 78.5 59 148 October RECEIVED ONLINE ONLINE% DECIDED ON HAND 2019 55 39 70.9 55 136

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PLANNING ENFORCEMENT FIGURES

Welsh Government Performance Indicators and Authority Enforcement figures

The Welsh Government Performance Indicators were changed in June 2017. The software used by the Authority was not set up to operate in the way the Indicators required the information to be captured. This has now been resolved and Officers are now working to the new indicators. However, due to the overlap between the two ways of working the ‘Investigated in 84 days or Fewer’ figure will be low for the next few months. Please refer to relevant definition information at the end of this report.

Number of InvestigatedA Investigated Resolved in Resolved in new cases in 84 days or in more 180 days or more than received fewer than 84 fewer 180 days days

May 10 12 3 6 5 2019

WG Performance Indicators Number of Investigated1 Investigated Average Closed new cases in 84 days or in more time taken received fewer than 84 (days) from days investigation complete to positive action2 taken June 2019 7 2 5 313 6

July 2019 14 11 9 179 19

August 2019 10 10 4 17 18

September 8 4 5 0 9 2019 October 7 4 1 460 10 2019

Current Cases

Current Cases Backlog Cases (over Total Cases (under 180 days) 180 days) May 31 79 110 2019 Current Cases Current Cases (over 84 Total Cases (under 84 days) days) June 2019 18 89 107

July 2019 21 81 102

Brecon Beacons National Park Authority Planning, Access, and Rights of Way Committee Page 107 Planning Enforcement Figures Page 1 of 2 August 2019 13 75 88

September 2019 14 79 93

October 2019 14 76 90

Relevant Definitions

1Investigated means that the Authority has considered the alleged breach of planning control and advised the complainant of the investigation findings which will be one of the following:

i) No breach has occurred or breach has been removed; ii) Breach has occurred but Authority has formally determined that enforcement action is not expedient; iii) Enforcement action is expedient and delegated report authorising such has been signed off; iv) Receipt of valid planning application; v) Breach has occurred and enforcement action would be expedient but informal negotiations have agreed that changes can make the development acceptable or that it will be removed. 2Positive Action means the complainant has been advised that one of the following has occurred following the conclusion that it would be expedient to enforce against the established breach.

i) There has been a formal determination that a breach is expedient but informal negotiation subsequently removes the breach; ii) An Enforcement Notice is issued. An Enforcement Notice includes a Stop Notice, Breach of Condition Notice, Enforcement Warning Notice, Untidy Land Notice (section 215 of the Town and Country Planning Act 1990), any type of Listed Building Enforcement Notice, Tree Replacement Notice, Hedgerow Replacement Notice or Completion Notice, but does not include a Planning Contravention Notice, Section 330 Notice (of the Town and Country Planning Act 1990), Temporary Stop Notice or Requisition for Information; iii) Planning permission is subsequently granted through an application or enforcement appeal; iv) A prosecution is brought (with the date that the case is first heard deemed as being the ‘positive action’ date); or v) Direct action by the Authority removes the breach.

NB. This figure has yet to be benchmarked and a target set by Welsh Government

Closed means the case has been closed either because the outcome of the investigation was i) or ii) above or the breach has ceased following positive action.

A The previous definition of ‘investigated’ meant that the Authority had visited, drawn a conclusion on what action was to be taken and had informed the complainant.

Brecon Beacons National Park Authority Planning, Access, and Rights of Way Committee Page 108 Planning Enforcement Figures Page 2 of 2 ENC9Item 1

SCHEDULE 12A LOCAL GOVERNMENT ACT 1972 EXEMPTION FROM DISCLOSURE OF DOCUMENTS

REPORTS: Delegated Decision Enforcement Reports

AUTHORS: Enforcement Officers

MEETING AND DATE OF Planning, Access and Rights of Way Committee MEETING: 10th December 2019

I have considered grounds for exemption of information contained in the report referred to above and make the following recommendation to the Proper Officer:-

Exemptions applying to the report:

 Information which is likely to reveal the identity of a particular person  Information relating to any action taken or to be taken in connection with the prevention, investigation, or prosecution of crime.

Factors in favour of disclosure:

 Facilitate the accountability and transparency of our decisions;  Facilitate accountability and transparency in the spending of public money;  Allow individuals to understand decisions made by the authority

Prejudice which would result if the information were disclosed:

 Disclose the identity of individuals prior to a decision being taken whether or not to take action – causing unnecessary concern to the individual and public opprobrium if proceedings are not pursued.  Prejudice potential judicial proceedings

Page 109 My view on the public interest test is as follows:

I have considered the enforcement cases contained within the aforementioned reports to be presented to PAROW on the 10th December 2019 and have measured each case against the public interest test. For the reasons outlined above, I consider that the factors in favour of disclosure are outweighed by those against.

Recommended decision on exemption from disclosure:

For the reasons set out above, it is recommended that the information contained within these enforcement reports is exempt from disclosure.

Date: 27.11.2019

Signed:

Post: Principal Planning Officer

I accept the recommendation made above.

______Proper Officer

Date: 27.11.2019

Page 110 ENC9Item 2 By virtue of paragraph(s) 12, 13, 17, 18 of Part 1 of Schedule 12A of the Local Government Act 1972.

Document is Restricted

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