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

Public Document Pack

A G E N D A

3 July 2018

Dear Member,

A meeting of the PLANNING, ACCESS AND RIGHTS OF WAY will be held in at CONFERENCE ROOM - PLAS Y FFYNNON on Tuesday, 10th July, 2018 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 Minutes of last meeting (Pages 1 - 6)

To authorise the Chairman to sign the Minutes of the Brecon Beacons National Park Authority Planning, Access and Rights of Way Committee held on the 15th May 2018.

Planning, Access and Rights of Way - 10 July 2018 1

ENC5 Minutes of the 3rd Meeting of the Brecon Beacons National Park Local Access Forum (Pages 7 - 10)

To receive the above report ENC6 Development Control Reports for Decision (Pages 11 - 72)

To receive a report on Non-delegated Applications

1 18/15988/FUL – Glanyrafon Farm, Cray 2 18/16134/FUL – National Park Visitor Centre, Libanus 3 18/16045/FUL – Cross Yard, Brecon ENC7 Development Control Related Matters for Noting (Pages 73 - 118)

Item 1 – Delegated Decisions Report Item 2 – Agricultural Notifications Report Item 3 – Fringe Applications Report Item 4 – Planning Obligations Report Item 5 – Dwellings calculation re commuted sums and deferred payments Report Item 6 – Appeals Report Item 7 – Development Management Statistics Report Item 8 – Enforcement Statistics Report Item 9 – Welsh Government consultation WG33507: Subordinate Legislation Consolidation and Review Consolidation of the Town and Country Planning (Use Classes) Order 1987 and Town and Country Planning (General Permitted Development) Order 1995. https://beta.gov.wales/subordinate-legislation-consolidation-and-review - Verbal Report by Matthew Griffiths ENC8 Enforcement Reports (Pages 119 - 144)

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.

1 Exemption Certificate 2 Enforcement Delegated Report - Confidential

Planning, Access and Rights of Way - 10 July 2018 2

ENC4

MINUTES OF BRECON BEACONS NATIONAL PARK AUTHORITY PLANNING, ACCESS AND RIGHTS OF WAY HELD AT CONFERENCE ROOM - PLAS Y FFYNNON ON TUESDAY, 15TH MAY, 2018

PRESENT:

Powys

Cllr E Roderick, Cllr M Jones (Deputy Chair), Cllr D Meredith, Cllr E Durrant and Cllr K Laurie- Parry

Monmouthshire

Cllr A Webb and Cllr M Feakins

Merthyr Tydfil

Cllr Rogers

Blaenau Gwent

Cllr J Hill

Rhondda Cynon Taff

Cllr G Thomas

Members appointed by the Welsh Government

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

1 Apologies for Absence

Apologies were received from Cllr A James and Prof A Lovell.

2 Chairman's Announcements

The Chair informed Members of the Welsh Local Government Association (WLGA) Planning Forum he had attended with Mrs Donna Bowhay, Principal Planning Officer, on 10th May 2018. He highlighted the issues raised at this meeting.

3 Declarations of Interest

Name Enc No Nature of Interest

Mr J Stedman 6 1 Personal and non prejudicial

Brecon Beacons National Park Planning, Access and Rights of Way 1 15 May 2018 Page 1 4 Minutes of the PAROW meetings held on the 20th March and 20th April 2018

The Chairman was authorised to sign the Minutes of the Brecon Beacons National Park Authority Planning, Access and Rights of Way Committee held on 20th March 2018 and the Minutes of the Brecon Beacons National Park Authority Planning, Access and Rights of Way Special Committee held on 20th April 2018 as a correct record.

5 Rights of Way - Draft Rights of Way Improvement Plan

1. Rights of Way – Draft Rights of Way Improvement Plan

Members were provided with a presentation by the Mr Eifion Jones, National Park Rights of Way Officer.

Proposal A: The recommendation that Members note the contents of the assessments and the report on the questionnaire was put to Members.

Proposed: Cllr M Feakins Seconded: Cllr D Meredith

Decision: The recommendation that Members note the contents of the assessments and the report on the questionnaire was agreed.

Proposal B: The recommendation that Members resolve that the Rights of Way Improvement Plan requires amendment was put to Members.

Proposed: Mr J Stedman Seconded: Ms D Perkin

Decision: The recommendation that Members resolve that the Rights of Way Improvement Plan requires amendment was agreed.

Proposal C: The amended recommendation that Members instruct officers to prepare a fully integrated Draft Rights of Way Improvement Plan having full regard to our statutory purposes was put to Members.

Proposed: Mr J Stedman Seconded: Ms D Perkin

Decision: The amended recommendation that Members instruct officers to prepare a fully integrated Draft Rights of Way Improvement Plan having full regard to our statutory purposes was agreed.

6 Rights of Way - Application for Public Path Diversion Order

1. Public Path Diversion Order, Public Footpath No.2 (Part) in the Community of Vale of Grwyney

Mr J Stedman declared a personal and non-prejudicial interest in this item, he remained in the meeting.

Members were provided with a presentation by Mr Eifion Jones,

Brecon Beacons National Park Planning, Access and Rights of Way 2 15 May 2018 Page 2 National Park Rights of Way Officer.

Public Cllr D Sharman addressed Members on behalf of Vale of Grwyney Speaker: Community Council in opposition to the application.

A copy of the text has not been supplied for the public record.

Proposal i: The recommendation that the application to divert public footpath no 2 (part) in the Community of Vale of Grwyney be approved and that an order be made under section 119 of the Highways Act 1980 was put to Members.

Proposed: Cllr M Jones Seconded: Cllr G Thomas

Decision: The recommendation that the application to divert public footpath no 2 (part) in the Community of Vale of Grwyney be approved and that an order be made under section 119 of the Highways Act 1980 was refused.

The Chair stated in light of the above refusal the recommendations ii), iii) and iv) as set out in the Officer report were now irrelevant and moved to the next item on the agenda.

7 Rights of Way - Application for Public Path Diversion Order

1. Public Path Diversion Order, Public Footpath No.33 (Part) in the Community of Llanddeusant, Carmarthenshire

Members were provided with a presentation by Mr Eifion Jones, National Park Rights of Way Officer.

Proposal: The recommendations as set out below from the Officer report were put to Members. i) That the application to divert public footpath no 33 (part) in the Community of Llanddeusant be approved and that an order be made under section 119 of the Highways Act 1980; ii) That all costs associated with the making of the order be borne by the National Park Authority; iii) If no representation or objections are duly made to the order during the statutory objection period, or if any so made are withdrawn, that the order be confirmed as an unopposed order.

Proposed: Cllr M Feakins Seconded: Cllr E Roderick

Decision: The recommendations as set out below from the Officer report were agreed. i) That the application to divert public footpath no 33 (part) in the Community of Llanddeusant be approved and that

Brecon Beacons National Park Planning, Access and Rights of Way 3 15 May 2018 Page 3 an order be made under section 119 of the Highways Act 1980; ii) That all costs associated with the making of the order be borne by the National Park Authority; iii) If no representation or objections are duly made to the order during the statutory objection period, or if any so made are withdrawn, that the order be confirmed as an unopposed order.

8 Development Control Reports for Decision

1. 17/14934/FUL – Change of use of agricultural land to accommodate the installation of a luge run incorporating bridges and a spectator footpath; toilet block and refreshment kiosk; ancillary building for queuing, shop, store, repair area, generator enclosure, drainage attenuation ponds; landscaping and a maize maze – Upper Cantref, Cantref, Brecon

Prior to the meeting the Chair had taken the decision to defer this item and at the meeting read the following statement:

“As the agenda for this meeting was being published I received representations from the Applicant for this item to be deferred, this is to give him time to consider and respond to the findings of an independent noise report which was commissioned by a third party which was issued to him on May the 1st. The Applicant also requested more time to continue negotiations with Powys County Council’s Highways Department regarding the highways and traffic issues associated with the scheme. As Chair of PAROW I’ve considered the request and have sought appropriate advice from officers as well and have concluded that it is reasonable for the Applicant to be given more time to consider these matters prior to the application being fully considered by this Committee. I’ve also considered the impact a deferment would have for Objectors to the scheme and also those who have made a request to speak on the item today. Those who requested to speak have been notified in advance of the meeting and they will have an opportunity to speak at a future meeting, if they can’t attend for any reason they will have an opportunity to send in a further written representations or to ask someone to speak on their behalf. So having taken all these factors into consideration I have concluded that it’s appropriate for this item to be deferred and this of course allows the Objectors as well more time to submit any further representations they may wish to make.”

9 Development Control Related Matters for Noting

Item 1 Delegated Reports

Brecon Beacons National Park Planning, Access and Rights of Way 4 15 May 2018 Page 4 The report was noted.

Item 2 Delegated Agricultural Notifications

The report was noted.

Item 3 Fringe Applications Report

The report was noted.

Item 4 Planning Obligations Report

Members were provided with a brief update by Ms Tracy Nettleton, Planning and Heritage Manager.

The report was noted.

Item 5 Commuted Sums Report

Members were provided with a brief update by Ms Tracy Nettleton, Planning and Heritage Manager.

The report was noted.

Item 6 Development Management Statistics Report

Members were provided with a brief update by Mr Christopher Morgan, Director of Planning.

The report was noted.

Item 7 Appeals Report

Members were provided with a brief update by Ms Tracy Nettleton, Planning and Heritage Manager.

The report was noted.

Item 7 Enforcement Figures Report

Members were provided with a brief update by Mr Chris Morgan, Director of Planning.

The report was noted.

Item 8 Update on appeal for planning application reference 16/13596/FUL

Members were provided with a brief update by Mr Matthew Griffiths, Principal Planning Officer.

Brecon Beacons National Park Planning, Access and Rights of Way 5 15 May 2018 Page 5

The report was noted.

Item 9 Draft Planning Policy Wales Edition 10

Members were provided with an update by Mrs Helen Lucocq, Senior Planning Officer (Policy) on behalf of Mr Ryan Greaney, Principal Planning Officer (Policy).

The report was noted.

10 Enforcement Reports

Access to Information

Item 1 Exemption Certificate

It was agreed by Members to take the meeting into confidential session and turn off the webcast.

Item 2 Enforcement Delegated Decision Report

The report was noted

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

Brecon Beacons National Park Planning, Access and Rights of Way 6 15 May 2018 Page 6 ENC5

Brecon Beacons National Park Local Access Forum Confirmed Minutes of the 3rd Meeting held at 2pm on Thursday 22nd February 2018 at National Park Visitor Centre, Libanus

Present

Ian Mabberley (IM) - Chairman Josie Pearson (JP) Eifion Jones (EJ) – Secretary Tracy Purnell (TP) Pam Bell (PB) Steve Rayner (SR) Philippa Cherryson (PC) David Sharman (DS) Stuart France (SF) Toby Veall (TV) Debra Hughes (DH) Chris Waterhouse (CW) Hywel Morgan (HM) Kathryn Whitrow (KW) Denis Murphy (DM) Hilda Williams (HW) Patrick Dobbs (PD)

Observers Paul Sinnadurai (PS) Conservation Manager BBNPA Lisa Lloyd (LL) Rights of Way Assistant BBNPA Richard Tyler (RT) Sustainable Tourism Manager BBNPA (Item 5) James Lawrence (JL) Visitor Management Officer BBNPA (Item 5) Sue Fuller Member of public Sarah Tindal (ST) Natural Resources Wales (NRW) David Letellier (DL) Natural Resources Wales (NRW) Lucy Pugh Carmarthenshire County Council Cliff Cleaton Carmarthenshire County Council

1. Welcome, Introductions and apologies IM welcomed members and observers to the meeting. EJ is standing in for Richard Ball as he is unable to make the meeting due to other work commitments. Apologies received from Julian Atkins, Colin Woodley, Ruth Pickvance and Ian Jenkins. PS introduced himself as he will be taking over from Julian Atkins as the BBNPA’s member on the LAF.

2. Confirmation of Minutes of 1st Meeting held on 7th November 2017 The minutes were accepted and the Chairman authorised to sign them as a correct record.

3. Confirmation of Minutes of 2nd Meeting held on 7th November 2017 The minutes were accepted and the Chairman authorised to sign them as a correct record.

4. Matters arising not otherwise appearing on agenda KW - The signage and grading of walks did not appear on the agenda, it was agreed at the previous meeting that there would be further discussion at this meeting. To be discussed under AOB.

5. Visitor Management Projects

Page 7 JL and RT outlined the three main projects being undertaken over the next 18 months. Visitor management in both the Waterfalls area and the Black Mountains and dogs in the countryside. Members discussed the issue around dogs and JL said that it is hoped that by sending out a consistent message between organisations and other National Parks that this will start to change the negative impacts that people are experiencing. Information will be going on the website in the next couple of months and it was agreed that RT and JL would keep the LAF updated and will be bringing items to the LAF for advice.

6. River Usk Board Walks SR gave members a presentation on the Canoeing hazards on the River Usk. There has been a boardwalk installed in the River Usk to allow easier access for fishermen, SR outlined reasons why it potentially posed a risk to canoeists and other river users. DL (NRW) has been involved in the issue but there is no clear process for dealing with it. When landowners apply to NRW for permission to install the boards NRW can only look at the risk they pose to flooding and give advice on the design. Members suggested the boards could be removed out of fishing season. SF suggested that there was scope for a negotiated solution due to the seasonal aspect of the activities. DL advised BBNPA to liaise actively with NRW, Canoe Wales and Wye and Usk Foundation (WUF) to create an effective forum for discussing and resolving river access issues. SR said that Canoe Wales would like to sit down with public and third sector organisations to find a way forward. KW said that the LAF couldn’t be seen to be prioritising a specific user group. PS told members that the BBNPA has no remit unless it’s a planning issue. DL said he was happy to provide members with an update at future meetings. ACTION: Members agreed that the LAF should write to the BBNPA Chief Executive to recommend that the BBNPA broker discussions between relevant parties.

7. Ordnance Survey GetOutside campaign TP is an Ordnance Survey (OS) #GetOutside Champion and provided members with some background to the campaign. Launched in 2015 the aim of the #GetOutside campaign is to encourage and inspire the general public to get outside more. The public are encouraged to follow the champions on social media to get advice, stories, tips and suggested walks. KW suggested that it would be good if a link to the #GetOutside webpage could be placed on the BBNPA website. ACTION: IM agreed to contact the Head of Public Engagement to request this.

JP asked if any of the routes that TP recommended were suitable for people with mobility issues. TP added that most of her walks are done with her two large dogs which are unable to get over stiles and she had discussions with #GetOutside Champions, including Ben Fogle, who are interested in working on promoting more accessible routes. TP has also spoken with OS about producing a digital layer identifying the locations of furniture items such as gates / stiles which would aid users to identify suitable walks. EJ added that the BBNPA is working towards a central depository of rights of way furniture but data collection is the biggest issue. KW suggested collecting data by area e.g. waterfalls area.

Page 8 ACTION: IM asked members to email EJ with ideas on how this can be taken forward.

8. Introduction to South Wales Outdoor Activity Providers Group SR gave members a short presentation on South Wales Outdoor Activity Providers Group. The group is the representative organisation for all providers of Outdoor Adventurous Activities in the South Wales area.

9. BBNPA Budget and impacts on countryside access DM suggested that with the WG reducing the National Parks budget, the LAF should be prepared and be proactive rather than reactive. Awareness should be raised to the potential impacts. PC suggested that the LAF could write to the WG and highlight the impacts caused by budget cuts. HM agreed and said that the recent access consultation looked to promote greater access opportunities but this would lead to a greater need for maintenance of the network. ACTION: IM agreed to draft a letter and also raise the issue at the LAF Chairman’s meeting. SF suggested that more relationships should be built with landowners who may be in a position to replace/repair stiles and gates to help cover the shortage of staff resources. The subject would be bought to the next meeting.

10. Joint Funding bid with Powys County Council to NRW for easier access works The BBNPA and Powys County Council have submitted a joint bid for £40,000 to NRW, if successful the BBNPA would receive £20,000 to purchase gates to be installed on easier access projects in the Hay-on-wye, Talgarth, Brecon and Crickhowell areas.

11. Any other competent business SF wanted to raise the issue of the Clydach Gorge path closures. Balfour Beatty on behalf of National Grid have applied to close 34 public rights of way while they replace the overhead power lines. The closures along with the A465 road dualling will have a massive impact on the area. Can the paths be closed in stages? EJ confirmed that the closures were now in place. Balfour Beatty carried out a local consultation with the local community councils. All the closures need to be in place as it’s not clear exactly when they will be in a position to commence with the work.

PC wanted to give members an update on the application under the Glastir Woodland Creation Grant that was discussed at the last meeting. There has been a positive outcome to the views put forward in the consultation process and the applicants have agreed to take a specific area out of the plans and also agreed to leave a width of 8 metres for bridleways.

CW gave members an update on three Definitive Map Modification Orders that have been submitted to the BBNPA which affect bridleways. The BHS (Wales) and NRW have recently signed a new concordat for responsible equestrian access to WG woodland estate.

Page 9 PD asked if the littering problem could be added to the agenda for the next meeting.

HM asked if Richard Terrell (Welsh Water) and Judith Harvey (BBNPA) could be asked to attend the next meeting to discuss disabled access along the Llyn y Fan Fach Track. There are currently two padlocked gates on the route which are in place to secure the fisheries area, if an alternative way of securing the area could be found then the gates could be opened up to allow access along the track to Llyn y Fan Fach.

12. Date of the next meeting 17th May 2018

Page 10 ENC6

Brecon Beacons National Park Authority

PLANNING, ACCESS, AND RIGHTS OF WAY

COMMITTEE

10 July 2018

RECOMMENDATIONS OF THE DIRECTOR OF PLANNING

ON APPLICATIONS FOR DETERMINATION BY

THE PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

Page 11 Page 1 of 61 INDEX

ITEM REFERENCE ADDRESS RECOMMENDATION

1 18/15988/FUL Glanayrafon Farm Permit Cray Brecon Powys LD3 8PU

2 18/16134/FUL National Park Visitor Centre Permit Libanus Brecon Powys LD3 8ER

3 18/16045/FUL Cross Yard Permit Watton Brecon Powys LD3 EAU

Page 12 Page 2 of 61

ITEM NUMBER: 1

APPLICATION NUMBER: 18/15988/FUL APPLICANTS NAME(S): E and C Roderick SITE ADDRESS: Glanayrafon Farm Cray Brecon Powys LD3 8PU

GRID REF: E: 289755 N:227641 COMMUNITY: Crai DATE VALIDATED: 18 April 2018 DECISION DUE DATE: 13 July 2018 CASE OFFICER: Joshua Burrows

PROPOSAL CHANGE OF USE OF AN AGRICULTURAL BARN TO ANCILLARY RESIDENTIAL ACCOMMODATION, INCLUDING THE DEMOLITION AND REPLACEMENT OF TWO LEAN-TO STRUCTURES AND THE ERECTION OF A GLAZED EXTENSION ADDRESS Glanayrafon Farm, Cray, Brecon

Page 13 Page 3 of 61 Consultee Comments Received

Crai Community Council No comments received

NP Planning Ecologist 11th May 2018 A. Planning Policy and Guidance o To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. o The adopted Local Development Plan for the Brecon Beacons National Park includes the following policies regarding ecological issues and safeguarding biodiversity: o SP3 Environmental Protection - Strategic Policy o Policy 1 Appropriate Development in the National Park o Policy 3 Sites of European Importance o Policy 4 Sites of National Importance o Policy 5 Sites of Importance for Nature Conservation o Policy 6 Biodiversity and Development o Policy 7 Protected and Important Wild Species o Policy 8 Trees and Development o Policy 9 Ancient Woodland and Veteran Trees o Policy 12 Lighting o The Brecon Beacons NPA has produced the following Supplementary Planning Guidance (SPG) documents regarding biodiversity issues and development (available on the BBNPA website): o Biodiversity and Development SPG (September 2016) o Biodiversity in the Towns of the Brecon Beacons National Park SPG (March 2014)

B. Legislation o Environment Act 1995 - the first Statutory Purpose of the National Park is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park o The Environment (Wales) Act came into effect in March 2016 - from 21st May 2016, Section 6 requires public authorities to seek to maintain and enhance biodiversity. A list of species and habitats of principal importance in Wales is issued under Section 7. o Conservation of Habitats & Species Regulations 2017 - Regulation 9 requires local authorities to take account of the presence of European Protected Species at development sites. If they are present and affected by the development proposals, the Local Planning Authority must establish whether the three tests have been met, prior to determining the application. The three tests that must be satisfied are: i. That the development is in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment. ii. That there is no satisfactory alternative

Page 14 Page 4 of 61 iii. That the derogation is not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range. C. Comments 1. Thank you for consulting me on the above application. The development proposals are for the conversion of a barn to residential accommodation. This includes the demolition of two lean-to structures and the construction of a new, glazed extension. 2. I visited the site last month and have reviewed the documents and drawings submitted with the application, which includes the following ecological information: o Glanayrafon Farm, Crai, Powys - Assessment of bat interest by Fiona Elphick - Survey dates 29th May, 21st August and 22nd August 2016 3. I welcome the submission of an ecological report with the application and I note that a full visual inspection of the building was undertaken on 29th May 2016 followed by a dusk emergence survey on the same night. A second dusk emergence survey was undertaken on 21st August 2016 and a dawn return survey on 22nd August 2016. There is inconsistency on the survey dates as paragraph 5.3.3 then states that the dawn survey was on 18th July 2016. Of more concern is that the second emergence survey [on 21st August 2016] was on the same date that this consultant undertook a survey at The Forestry, 3.5km to the south west of Glanayrafon Farm. The consultant is therefore required to provide confirmation of the surveys dates and surveyors for both sites. 4. Section 5.3.1 of the report states that 'a single common pipistrelle emerged from a small stone shed which lies opposite the front of the barn'. It's not clear which structure this is referring to as there is a small structure to the north of the house (i.e. not opposite the barn) and a small stone shed and log store attached to the front (northern) elevation of the barn. A plan of the site and/or photographs of the structure and location of bat emergence would be helpful to clarify this and the context of the impacts of the development. 5. Section 5.3.2 of the report states that 'a surveyor standing at the rear of the Stone Barn observed bats flying low over the grassland to the west, near the watercourse.' Is this referring to the Afon Crai, more than 170 metres to the west of the site? 6. It will be important to ensure that any external lighting is of an appropriate design and sensitively located to avoid light-spill towards bat roosting areas or wildlife corridors. The details of external lighting can be secured through an appropriately worded planning condition. 7. The tree lines along the northern and western boundaries appear to be being used by foraging and commuting bats and it will be important to ensure that they are retained in the future. A landscaping scheme showing the retained trees should be submitted; any additional planting of native species would also be welcomed, utilising species listed in Appendix 5 of the LDP. 8. 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 will be opportunities to accommodate biodiversity enhancement measures and the features specified in the ecological report are welcomed. Please can confirmation be provided of what is to be installed and where?

D. Recommendations The ecological report appears to include inconsistencies and errors. The following information is required: o Confirmation of the survey dates, times and weather conditions for both sites that

Page 15 Page 5 of 61 were surveyed on 21st August 2016 and the bat species and times recorded o Clarification of the dawn return survey date o Details of the surveyors present for each survey o Confirmation of the location of the common pipistrelle bat roost

The applicant is also required to provide an external lighting scheme, a landscaping scheme and details of the biodiversity enhancement measures to be accommodated.

Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 1, 3, 4, 6, 7 and 12 of the adopted Local Development Plan for the BBNP o To comply with the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2017 and the Environment (Wales) Act 2016

Powys County Council Highways 14th May 2018 Does not wish to comment on the application

Powys County Council Public Protection And Env Health I n relation to planning application 18/15988/FUL, the following advice is provided for the consideration of Brecon Beacons National Park Authority.

Advice The application proposal is for the change of use of an agricultural barn to ancillary residential accommodation. Agricultural buildings and land could contain potential sources of contamination depending on what they were used for in the past such as: pesticides, fuels and oils, slurry tanks and pits, fire sites, animal burial pits or other buried waste, fertiliser, sheep dip pits, asbestos, old machinery, waste chemical drums and ammunition. Paragraph 13.5.1, of Chapter 13 'Minimising and Managing Environmental Risks and Pollution', of the Welsh Government document 'Planning Policy Wales' (2016) advises: "responsibility for determining the extent and effects of instability or other risks remains that of the developer. It is for the developer to ensure that the land is suitable for the development proposed, as a planning authority does not have a duty of care to landowners". In respect of contaminated land paragraph 5.55, of the Welsh Government (WG) circular 'The Use of Planning Conditions for Development Management' (ref: WGC 016/2014), advises that: "Conditions might also be imposed requiring the developer to draw to the attention of the planning authority the presence of significant unsuspected contamination encountered during redevelopment". Furthermore, in paragraph 5.56 of the WG circular (ref: WGC 016/2014) it is advised: "The level of work required must be proportionate to the problems that are envisaged and the more onerous conditions should not be imposed as a matter of course". Based on the available information and current planning guidance, it is recommended that the following Condition and Note, to the applicant, are attached to any permission granted for planning application 18/15988/FUL: Unsuspected Contamination In the event that the presence of unsuspected contamination is encountered when carrying out

Page 16 Page 6 of 61 the approved development immediate contact must be made with the local planning authority and works must cease in that area. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the local planning authority.

Following completion of the remedial works identified in the approved remediation scheme, a verification report that demonstrates compliance with the agreed remediation objectives and criteria shall be produced, and is subject to the written approval of the local planning authority, prior to commencement of use of the development.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors [in accordance with policy ____ of the adopted Local Plan (date)].

NP Planning Ecologist 18th Jun 2018 A. Additional comments 1. Thank you for re-consulting me on the above application. The development proposals are for the conversion of a barn to residential accommodation. This includes the demolition of two lean-to structures and the construction of a new, glazed extension. 2. I previously provided comments on these development proposals in a Memorandum dated 11th May 2018. I have reviewed the additional information submitted, which includes the following amended ecological information: o Glanayrafon Farm, Crai, Powys - Assessment of bat interest by Fiona Elphick - Survey dates 29th May, 18th July and 22nd August 2016 v1.2 (corrected) 3. The ecological consultant has clarified that the second emergence survey was undertaken on 18th July 2016 and not the 21st August 2016. It is therefore assumed that the survey at the Forest was undertaken on 21st August 2016 as stated in the report. 4. The consultant has also clarified that the pipistrelle bat emerged from the small, detached barn/shed to the north of the house i.e. in the north-east of the site. This is not affected by the proposed development. One of the surveyors did also see bats across the field to the west of the barn. 5. The bat surveys were undertaken in 2016. The applicants should note that bat surveys are considered valid for a period of two years and should be updated if works do not commence before summer 2019. 6. It will be important to ensure that any external lighting is of an appropriate design and sensitively located to avoid light-spill towards bat roosting areas or wildlife corridors. The details of external lighting can be secured through an appropriately worded planning condition. 7. As previously stated, the tree lines along the northern and western boundaries appear to be being used by foraging and commuting bats and it will be important to ensure that they are retained in the future. A landscaping scheme showing the retained trees has not been submitted, so will have to be secured through a planning condition; any additional planting of native species would also be welcomed, utilising species listed in Appendix 5 of the LDP. 8. Policy 1 of the Local Development Plan and Section 6 of the Environment (Wales) Act

Page 17 Page 7 of 61 2016 require the BBNPA to seek to maintain and enhance biodiversity. There will be opportunities to accommodate biodiversity enhancement measures and the features specified in the ecological report are welcomed. Confirmation of what will be installed and where has not been provided, so will have to be secured through a pre-commencement planning condition.

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

1. Prior to the commencement of development works, a biodiversity enhancement scheme, to include provision of at least two features for bat roosting or bird nesting, shall be submitted to and approved in writing by the Local Planning Authority. The biodiversity enhancement scheme shall 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. 2. Prior to the commencement of the development, a landscaping plan that shall include use of native species, shall be submitted to and agreed in writing with the Local Planning Authority. The landscaping shall be implemented in the first planting season following the implementation of the development and maintained thereafter. The plan shall include details of the planting specifications - the species, sizes and planting densities - and a timetable for implementation and future management to ensure good establishment. 3. No external lighting shall be installed until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with bat mitigation/enhancement measures and wildlife corridors and shall be implemented as approved.

Informative notes: 1. If works do not commence prior to May 2019, an updated bat survey is recommended. 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 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

NP Heritage Officer Archaeology 18th May 2018

National Policy Framework

Page 18 Page 8 of 61 Welsh planning legislation and policy guidance outlines that the desirability of conservation of archaeological remains is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.5). Planning Policy Wales (Edition 9: 2016): Paragraph 6.5.5. 'The conservation of archaeological remains is a material consideration in determining a planning application, whether those remains are a scheduled monument or not. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical protection in situ. It will only be in exceptional circumstances that planning permission will be granted if development would result in an adverse impact on a scheduled monument (or an archaeological site shown to be of national importance) or has a significantly damaging effect upon its setting. In cases involving less significant archaeological remains, local planning authorities will need to weigh the relative importance of the archaeological remains and their settings against other factors, including the need for the proposed development.'

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

Archaeological sensitivity and significance of the site Glanafon, formerly known as Rhydowen Uchaf, is a derived longhouse and byre in one range, of at least 19th century date. Historic mapping of the area demonstrate that this agricultural complex was formerly more extensive than the current property, and is shown on both first edition ordnance survey mapping and the Defynnog Tithe map of 1837 as incorporating a north-south orientated range at the western end of the current house and barn. Currently, an archaeological watching brief is required at the site in association with permission granted for a former application (17/14561/FUL, Condition 5) for the construction of a new agricultural building on the site of the earlier north-south orientated range of the farmstead, depicted in historic cartographic sources.

Archaeological Impact of the development The current application seeks a change of use of the historic, stone built agricultural barn adjacent to the farmhouse to ancillary residential accommodation. The application includes the demolition and replacement of a two lean-to structures, and the erection of a glazed extension.

Page 19 Page 9 of 61 Mitigation Required Consultation of the historic environment information and resources held by the Brecon Beacons National Park have indicated that a building of local historic interest and significance will be affected by the proposed development.

Should this application be successful, it is recommended that a building record should be undertaken of the historic barn to provide a basic record of the form, function and phasing of the structure, and a basic visual photographic record of the historic elements of the building, prior to any development taking place. The following would be a suitable condition to use: No development shall take place until an appropriate programme of buildings recording and analysis (equivalent to a HE Level 1 Buildings survey) has been secured and implemented, in accordance with advice provided by the Local Planning Authority. A copy of the resulting report and digital photographs shall be submitted to the Local Planning Authority National Park Archaeologist for approval. Following approval, copies of the report and photographs will be submitted to the Local Planning Authority and the local Welsh Archaeological Trust for inclusion in the Regional Historic Environment Record (HER).

Reason: To allow detail of a building of historical interest and significance affected by the proposed development to be preserved by record.

An advice note on commissioning archaeological works within the Brecon Beacons National Park and a document outlining Requirements for Level 1 Building Survey is attached above.

CONTRIBUTORS

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

This application was advertised through the erection of a site notice. No comments or representations have been received.

PLANNING HISTORY App Ref Description Decision Date

17/14561/FUL Proposed agricultural machinery, Application 21st Apr 2017 feed and general storage building Permitted

OFFICER’S REPORT

Introduction

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

Page 20 Page 10 of 61 o Planning Policy Wales: 9th Edition (November 2016) o Technical Advice Note 12: Design (2016)

Local Context This planning application is brought to Members of Planning, Access and Rights of Way Committee to determine as the applicant is a close relative of a member of the National Park Authority.

The application is for the change of use of an agricultural barn for ancillary accommodation, including the demolition and replacement of two lean-to extensions at Glanayrafon Farm, Cray. The property is situated within the open countryside and within the community of Cray as defined by the Brecon Beacons National Park Authority Local Development Plan (2013).

The existing property is a two storey farmhouse with an agricultural barn attached. The barn is in a dilapidated state but is structurally sound. The walls of the dwelling are both constructed of stone, the windows and doors of the farmhouse are timber and the roofs of both the farmhouse and barn are slate. One of the outbuildings is constructed of stone, the other out of concrete blocks, and both with metal sheet roofs. There is also a lean-to timber framed glasshouse to the rear of the barn, this is in a very poor state of repair. The property is accessed off an unclassified road to the north of Cray, there is ample space for parking and a large amount of private amenity space. An application was approved on the 21st April 2017 for the construction of an agricultural building in the yard to the front of the farmhouse and barn.

Proposal The proposed development is for the change of use from an agricultural barn to residential ancillary accommodation. The proposal includes the demolition of two lean-to extensions, construction of a single storey side extension and the addition of no. 6 Velux rooflights and two windows in the east elevation gable end. The single storey side extension would measure 4.2 metres wide, 4.9 metres in length and 2.4 metres to the eaves rising to 4.5 meters to the ridge. The proposed extension would be timber framed and glazed with 2 Velux rooflights. The roof of the barn and side extension would be natural slate. The location of the door in the front elevation would be moved, the existing window aperture would be opened up and new window inserted. All the windows and doors in the barn would be replaced with timber framed glazed units, the rear elevation would have a set of timber framed double doors. The access, parking and private amenity space would be unaffected by the proposal.

Design Considerations Policy 1: "Appropriate Development in the National Park" (Local Development Plan 2013) requires that the scale, form, design, layout, density, intensity of 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.

Policy 27: "House Extensions and Ancillary Buildings" (Local Development Plan 2013) states that extensions to dwellings will be permitted where a) the proposal is appropriate to the scale and setting of the original dwelling; b) no loss of on-site parking will result, and adequate

Page 21 Page 11 of 61 on-site parking provisions can be provided for the extended dwelling; c) an area of private amenity space is retained; and d) there is no significant loss of privacy to an adjoining property. Extensions to a dwelling in the countryside must be the subordinate part of the overall finished structure; be appropriate to the scale and design of the existing dwelling and not be dominant or intrusive. 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 dwelling. The proposed development would not have a detrimental impact on the character and appearance of the host property or surrounding area.

The proposal is compliant with Policy 27 as the development is appropriate in terms of scale and setting, there will be no loss of onsite parking and a reasonable amount of private amenity space is retained.

Neighbour Amenity There are no concerns in terms of neighbour amenity.

Highway Safety There are no concerns in terms of highway safety.

Protected Species Further to consultation with the National Park Planning Ecologist. A bat survey was submitted as part of the application. A condition has been added to the decision in relation to the provision of biodiversity enhancement at the site.

Archaeology The site pf the proposed development is on the historic site of a previous agricultural complex of at least 19th century date. A condition has been added in relation to the potential presence of archaeological remains at the site.

Contaminated Land Due to the barn being used for agricultural purposes, the site could contain potential sources of contamination depending on its past use. A condition has been added in case the presence of unsuspected contamination is encountered.

Conclusion The proposed development is considered acceptable in that it would not have an unacceptable impact upon the character and appearance of the host dwelling or surrounding area nor would it have a detrimental impact on neighbour amenity, highway safety, archaeology or ecology. As such the proposal conforms to Policy 1, 6, 7, 27 and CYD LP1 of the Local Development Plan and therefore is recommended for approval.

RECOMMENDATION: Permit

Conditions and/or Reasons:

Page 22 Page 12 of 61

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing no's. GF/SLP.01 (1), GF.SP.01 (1), GF.SP.02, GF.PGA.01, GF.PGA.02, GF.PGA.03, GF.PGA.04, GF.PGA.05 and GF.PGA.06) unless otherwise agreed in writing by the Local Planning Authority. 3 The annex accommodation hereby permitted shall not be occupied at any time other than for purposed ancillary to the residential use of the dwelling currently known as Glanayrafon Farm and the development shall at no time be separated from Glanayrafon Farm. 4 In the event that the presence of unsuspected contamination is encountered when carrying out the approved development immediate contact must be made with the local planning authority and works must cease in that area. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the local planning authority. Following completion of the remedial works identified in the approved remediation scheme, a verification report that demonstrates compliance with the agreed remediation objectives and criteria shall be produced, and is subject to the written approval of the local planning authority, prior to commencement of use of the development. 5 No development shall take place until an appropriate programme of buildings recording and analysis (equivalent to a HE Level 1 Buildings survey) has been secured and implemented, in accordance with advice provided by the Local Planning Authority. A copy of the resulting report and digital photographs shall be submitted to the Local Planning Authority National Park Archaeologist for approval. Following approval, copies of the report and photographs will be submitted to the Local Planning Authority and the local Welsh Archaeological Trust for inclusion in the Regional Historic Environment Record (HER). 6 Prior to the commencement of development works, a biodiversity enhancement scheme, to include provision of at least two features for bat roosting or bird nesting, shall be submitted to and approved in writing by the Local Planning Authority. The biodiversity enhancement scheme shall 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. 7 Prior to the commencement of the development, a landscaping plan that shall include use of native species, shall be submitted to and agreed in writing with the Local Planning Authority. The landscaping shall be implemented in the first planting season following the implementation of the development and maintained thereafter. The plan shall include details of the planting specifications - the species, sizes and planting densities - and a timetable for implementation and future management to ensure good establishment. 8 No external lighting shall be installed until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with bat mitigation/enhancement measures and wildlife corridors and shall be

Page 23 Page 13 of 61 implemented as approved.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 To ensure that the annex is used only for purposes ancillary to the dwelling. 4 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. 5 To allow detail of a building of historical interest and significance affected by the proposed development to be preserved by record. 6 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 1, 3, 4, 6, 7 and 12 of the adopted Local Development Plan for the BBNP 7 To comply with the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2017 and the Environment (Wales) Act 2016 8 In the interests of protected species.

Informative Notes:

1 If works do not commence prior to May 2019, an updated bat survey is recommended. 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 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 24 Page 14 of 61

ITEM NUMBER: 2

APPLICATION NUMBER: 18/16134/FUL APPLICANTS NAME(S): Brecon Beacons National Park Authority SITE ADDRESS: National Park Visitor Centre Libanus Brecon Powys LD3 8ER

GRID REF: E: 297734 N:226209 COMMUNITY: Glyn Tarell DATE VALIDATED: 18 May 2018 DECISION DUE DATE: 13 July 2018 CASE OFFICER: Joshua Burrows

PROPOSAL Installation of two electric car charging points at the National Park Visitor Centre. The two charging points to be positioned in existing car park as per attached pictures and map

ADDRESS National Park Visitor Centre, Libanus, Brecon

Page 25 Page 15 of 61 CONSULTEE COMMENTS RECEIVED

Glyn Tarrell Community Council No comments received

Powys County Council Highways 11th Jun 2018 Does not wish to comment on the application

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

This application was advertised through the erection of a site notice. No comments or representations were received.

PLANNING HISTORY App Ref Description Decision Date

N/A

OFFICER’S REPORT

Introduction

Local Context

This planning application is brought to Members of Planning, Access and Rights of Way Committee to determine as the applicant is the Brecon Beacons National Park Authority.

The application is for installation of two electric car charging points and associated equipment at the National Park Visitor Centre, Libanus. The property is situated within the open countryside and within the community of Glyn Tarrell as defined by the Brecon Beacons National Park Authority Local Development Plan (2013).

The National Park Visitor Centre is a tourist facility owned by the Recon Beacons National

Page 26 Page 16 of 61 Park Authority. The location of the development is within the associated carpark.

Proposal

The proposed development is for the installation of two electric car charging points and associated equipment in the National Park Visitor Centre car park. The two charging points would allow for four cars to be charged simultaneously. The charging plugs would be located on a post that would be 1300mm high, 241mm wide and 295mm deep. The charging points would each have a steel barrier around them to prevent damage. The barriers would be 578mm high, 430mm wide and 380mm deep. The barrier would be made or a rounded steel tube. The proposal is for a GRP cabinet measuring 2000mm wide, 2000mm high and 500mm deep. The cabinet would have two doors and be a green colour. The number of parking spaces would be unaffected by the proposal.

Design Considerations

Policy 1: "Appropriate Development in the National Park" (Local Development Plan 2013) requires that the scale, form, design, layout, density, intensity of 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.

The proposed development is considered to be acceptable in terms of Policy1 and CYD LP1 as the size, scale and design of the proposal is considered to be minimal and does not lead to a detrimental impact on the wider area.

The proposed development seeks to encourage sustainable forms of transport and is situated within an existing car park, further reducing the impact on the National Park.

Neighbour Amenity

There are no concerns in terms of neighbour amenity.

Highway Safety

There are no concerns in terms of highway safety.

Protected Species

There are no concerns in terms of protected species.

Conclusion

The proposed development is considered acceptable in that it would not have an unacceptable impact upon the character and appearance of the host property or surrounding area nor would it have a detrimental impact on neighbour amenity, highway safety, archaeology or ecology. As such the proposal conforms to Policy 1, CYD LP1 and SP16 of the Local

Page 27 Page 17 of 61 Development Plan and therefore is recommended for approval.

RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing no's: Site Location Plan, Appendix2 Pod Points Datasheet, Appendix Design and Spec of Pod Point, Appendix 4 Site Plan and Location & GRP Cabinet ET13), unless otherwise agreed in writing by the Local Planning Authority.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development.

Informative Notes:

Page 28 Page 18 of 61

ITEM NUMBER: 3

APPLICATION NUMBER: 18/16045/FUL APPLICANTS NAME(S): Mr KENNETH LLOYD SITE ADDRESS: Cross Yard Watton Brecon Powys LD3 EAU

GRID REF: E: 304785 N:228269 COMMUNITY: DATE VALIDATED: 20 April 2018 DECISION DUE DATE: 15 June 2018 CASE OFFICER: Matthew Griffiths

PROPOSAL 12 No Residential Units

ADDRESS Cross Yard, Watton, Brecon

Page 29 Page 19 of 61 CONSULTEE COMMENTS RECEIVED Brecon Town Council 18th May 2018 We write in regards to the above referenced application for 12 residential units at Cross Yard. We are concerned that the application does not make specific reference to the required affordable housing provision. Under Policy 28 (Affordable Housing Contributions) in your Local Development Plan we believe that the correct amount for the proposed 12 units should be 2 affordable houses on site in addition to a commuted sum equating to 0.4 units. We would request that the development is granted planning permission only the basis that a Section 106 agreement is entered into ensuring that this affordable housing provision is delivered.

Dwr Cymru Welsh Water - Developer Services 8th May 2018 We refer to your planning consultation relating to the above site, and we can provide the following comments in respect to the proposed development.

We note that the application specifies the proposed method of surface water disposal to be via a sustainable drainage system and therefore to ensure there is no detriment to the public sewerage system we request that should you be minded to grant planning permission the following Conditions and Advisory Notes are included. SEWERAGE Conditions No surface water and/or land drainage shall be allowed to connect directly or indirectly with the public sewerage network. Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment.

Advisory Notes The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com

The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh

Page 30 Page 20 of 61 Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

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

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

Please quote our reference number in all communications and correspondence.

Powys County Council Highways 22nd May 2018 Wish the following recommendations/Observations be applied Recommendations/Observations

Whilst the Highway Authority has no fundamental objection to the proposed layout, it is clear that the site cannot be constructed to meet adoptable highway standards. The site will therefore be served by a "private road" in perpetuity and suitable assurances and measures will be sought from the developer to satisfy the requirements of Sections 219/220 of the Highways Act 1980. Such measures may include the permanent display of private road signage at the entrance to the site, the inclusion of suitable clauses within the conveyancing documents and the establishment of a management company.

Accordingly the Highway Authority recommends that the following conditions be attached to any consent granted. o Prior to any works being commenced on the development site, engineering drawings detailing cross sections through the passing bay and the associated highway realignment works along the U0754 county highway shall be submitted to and approved in writing by the Local Planning Authority. The realignment works shall be constructed to adoptable standards prior to occupation of any dwelling hereby permitted. o No development shall commence until provision is made within the curtilage of the site for the parking of all construction vehicles together with a vehicle turning area. The parking and turning area shall be constructed to a depth of 0.35metres in crusher run or sub-base and maintained free from obstruction at all times such that all vehicles serving the site shall park within the site and both enter and leave the site in a forward gear for the duration of the construction of the development. o Before any other development is commenced the area of the access to be used by vehicles is to be constructed to a minimum of 410mm depth, comprising a minimum of 250mm

Page 31 Page 21 of 61 of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 11 metres from the edge of the adjoining carriageway. Any use of alternative materials is to be agreed in writing by the Local Planning Authority prior to the access being constructed. o The width of the access carriageway shall be not less than 5 metres for a minimum distance of 11 metres along the access measured from the adjoining edge of carriageway of the county highway and shall be maintained at this width for as long as the development remains in existence. o Prior to the occupation of the any dwelling, provision shall be made within the curtilage of the site for the parking of not less than 27 cars as detailed on the approved "Landscape & External Works" drawing, together with a turning space such that all vehicles serving the site may both enter and leave the site in a forward gear. The parking and turning areas shall be retained for their designated use for as long as the development hereby permitted remains in existence. o Prior to the occupation of any dwelling the area of the access to be used by vehicles is to be finished in a 40mm bituminous surface course for a distance of 11 metres from the edge of the adjoining carriageway. This area will be maintained to this standard for as long as the development remains in existence o Any vehicular entrance gates installed within the application site shall be set back at least 11 metres distant from the edge of the adjoining carriageway and shall be constructed so as to be incapable of opening towards the highway and shall be retained in this position and form of construction for as long as the dwelling/development hereby permitted remains in existence. o No storm water drainage from the site shall be allowed to discharge onto the county highway.

Powys County Council Contaminated Land 30th Apr 2018 In relation to planning application 18/16045/FUL, the following advice is provided for the consideration of Brecon Beacons National Park Authority. Advice 1. Records identify that the application site is occupied by an area of unknown filled ground, which is associated with the location of a former Canal Wharf. The area of unknown filled ground could be a potential source of land contamination depending on the nature of the materials that were used as fill.

Page 32 Page 22 of 61 Historic Ordnance Survey (OS) maps identify that the application site was previously occupied by a number of buildings and units; the uses of which are unknown.

Furthermore, the historic OS maps identify that the application site is located within 50 metres of a former Garage, which could be a potential source of land contamination. The Department of the Environment, Industry Profile Road Vehicle Fueling, Servicing and Repair - Garages and Filling Stations (1996) provides information in relation to the potential sources of contamination.

2. Planning records identify that a previous application (ref: 17/14980/FUL) was submitted for the application site, which was subsequently withdrawn. The following document was submitted in support of planning application 17/14980/FUL: BE Ecological Ltd Land at Cross Yard, Brecon - Ecological Appraisal April 2017 Section 1.3 'Site Description', of the above referenced document, stated: There are numerous piles of debris including stones, earth and builders waste [located at the application site].

3. The available information identifies that the application site could potentially be affected by land contamination. Paragraph 13.5.1, of Chapter 13 Minimising and Managing Environmental Risks and Pollution, of the Welsh Government document Planning Policy Wales advises: responsibility for determining the extent and effects of instability or other risks remains that of the developer. It is for the developer to ensure that the land is suitable for the development proposed, as a planning authority does not have a duty of care to landowners.

However, no information appears to have been submitted, in support of planning application 18/16045/FUL, in respect of the investigation and assessment of the potential risks associated with the presence of land contamination.

Therefore, based on the available information and sensitivity of the proposed development (residential), the following is recommended: I. The planning applicant could submit a preliminary investigation and preliminary risk assessment (Phase 1 report) in support of Planning Application 18/16045/FUL. A preliminary investigation and preliminary risk assessment should be completed by a qualified and experienced environmental consultant, and in accordance with current guidance and best practice. If a preliminary risk assessment identifies that there are potentially unacceptable risks a detailed scope of works for an intrusive investigation, prepared by a qualified and experienced environmental consultant, should also be submitted for review and approval. II. Alternatively, the following Condition and Note, to the applicant, could be attached to any permission granted for Planning Application 18/16045/FUL: Condition A Condition 1. Preliminary Investigation No development shall commence until a preliminary investigation and assessment of the nature and extent of contamination affecting the application site area has been submitted to and approved in writing by the local planning authority. This investigation and assessment must be carried out by or under the direction of a suitably qualified competent person, in accordance with current guidance and best practice, and shall assess any contamination on the site,

Page 33 Page 23 of 61 whether or not it originates on the site. The report of the findings shall include: A desk study A site reconnaissance Formulation of an initial conceptual model A preliminary risk assessment

If the preliminary risk assessment identifies there are potentially unacceptable risks a detailed scope of works for an intrusive investigation, including details of the risk assessment methodologies, must be prepared by a suitably qualified competent person. The contents of the scheme and scope of works are subject to the approval in writing of the local planning authority.

All work and submissions carried out for the purposes of this condition must be conducted in accordance with DEFRA and the Environment Agency's Model Procedures for the Management of Land Contamination, CLR 11 and the WLGA document Development of Land Affected by Contamination: A Guide for Developers (2012).

Condition 2. Site Characterisation No development shall take place until a site investigation of the nature and extent of contamination has been carried out, by a suitably qualified competent person, in accordance with a methodology which has previously been submitted to and approved in writing by the local planning authority. A written report of the findings of the site investigation shall be made available to the local planning authority before any development begins.

The written report should include an appraisal of remedial options and identification of the most appropriate remediation option(s) for each relevant pollutant linkage. The report is subject to the written approval of the local planning authority.

Condition 3. Submission of Remediation Scheme No development shall take place until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the local planning authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 and The Contaminated Land (Wales) Regulations 2006, as amended by The Contaminated Land (Wales) (Amendment) Regulations 2012, in relation to the intended use of the land after remediation. The detailed remediation scheme should not be submitted until written approval for Condition 2 has been received from the local planning authority.

Page 34 Page 24 of 61

Condition 4. Implementation of Approved Remediation Scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the local planning authority. The local planning authority must be given two weeks written notification of commencement of the remediation scheme works. If during the course of development any contamination is found that has not been identified in the site investigation, additional measures for the remediation of this source of contamination shall be submitted to and approved in writing by the local planning authority. The remediation of the site shall incorporate the approved additional measures before the development is occupied.

Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the local planning authority. The verification report contents must be agreed with the local planning authority before commencement of the remediation scheme.

Condition 5. Long Term Monitoring and Maintenance A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of duration to be agreed in writing with the local planning authority and the provision of reports on the same must be prepared, both of which are subject to the approval in writing of the local planning authority.

Within six months following the completion of the measures identified in that scheme and the achievement of the remediation objectives, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the local planning authority.

This must be conducted in accordance with DEFRA and the Environment Agency's Model Procedures for the Management of Land Contamination, CLR 11.

Reason (common to all): To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors [in accordance with policy ____ of the adopted Local Plan (date)].

Note to Applicant Potential Contamination The Council's guidance leaflet on the development of sites with potential land contamination is

Page 35 Page 25 of 61 attached. Further advice on compliance with this condition may be obtained by contacting the Environmental Health Service on 0870 1923757.

Powys County Council Affordable Housing Officer 30th Apr 2018 Powys County Council Housing Service will have no objection to this proposal providing the affordable housing element as required by the LDP is developed. I would nominate Wales & West as the Housing Association best placed to manage any social rental units as they have stock adjacent to the site.

Powys County Council Public Art No comments received

Powys County Council Transportation No comments received Powys County Council S106 Agreements Co-ordinator No comments received

Powys County Council Land Drainage Department No comments received

Powys County Council Education No comments received

Powys County Council Leisure And Recreation 30th Apr 2018 With regards to the proposed housing development at Cross Yard, The Watton, Brecon.

Powys County Councils preferred situation would be for any developer to manage and maintain their own play facilities, either organised by themselves or through a resident’s organisation, or potentially by working with the local town or community council.

Powys County Councils, Countryside & Outdoor Recreation Service will only ask for a Section 106 contribution, if the proposed developer will not provide suitable play provision for their residents, under the LAP, NEAP & LEAP planning arrangements included in the Six Acre Standard as set out by the Fields in Trust.

To reiterate, if the developer decided not to provide adequate play space on their land, then PPC Countryside & Outdoor Recreation Service would seek a monetary package to upgrade the Services nearest existing Powys CC owned playing field or playground.

In the case of the proposed Cross Yard, The Watton, Powys County Council has a play area on land opposite in the Watton Playing Field, Brecon, so we would be very interested in receiving any extra funding which could be used to refurbish this play area.

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Natural Resources Wales/Cyfoeth Naturiol Cymru 11th May 2018 We have significant concerns with the proposed development as submitted. We recommend that you should only grant planning permission if you attach the conditions listed below. Otherwise, we would object to a planning application for this proposal.

Conditions 1 - 6 - land contamination We also have comments regarding flood risk management and European Protected Species.

Land Contamination In the absence of a site investigation report, the adjacent road being named Gasworks Lane, and the presence of an electricity sub-station shown on the site location plan, we have reason to suspect there may be land contamination associated with the site. The site is situated within a sensitive location in relation to controlled waters, overlying a secondary A aquifer and bordering the Brecon Canal. We therefore have significant concerns with the proposed development as there may be unacceptable risk posed to controlled waters associated with the site and its historic use. If your Authority is minded to grant permission for this proposal we recommend you only do so with the following conditions attached.

Condition 1 Prior to the [commencement of development] / [occupation of any part of the permitted development] approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority: 1. A preliminary risk assessment which has identified: o all previous uses; o potential contaminants associated with those uses; o a conceptual model of the site indicating sources, pathways and receptors; o potentially unacceptable risks arising from contamination at the site. 2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site; 3. The site investigation results and the detailed risk assessment and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken; 4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Reason: NRW considers that the controlled waters at this site are environmentally sensitive and contamination is known/strongly suspected at the site due to historic use of the site.

Page 37 Page 27 of 61 Condition 2 Prior to [commencement of development]/ [occupation of any part of the permitted development] (delete as appropriate), a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the Local Planning Authority.

Reason: to demonstrate that the remediation criteria relating to controlled waters have been met, and (if necessary) to secure longer-term monitoring of groundwater quality. This will ensure that there are no longer remaining unacceptable risks to controlled waters following remediation of the site.

Condition 3 Reports on monitoring, maintenance and any contingency action carried out in accordance with a long-term monitoring and maintenance plan shall be submitted to the Local Planning Authority as set out in that plan. On completion of the monitoring programme a final report demonstrating that all long- term site remediation criteria have been met and documenting the decision to cease monitoring shall be submitted to and approved in writing by the Local Planning Authority.

Reason: to ensure that longer term remediation criteria relating to controlled waters have been met. This will ensure that there are no remaining unacceptable risks to controlled waters following remediation of the site.

Condition 4 If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained, written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.

Reason: given the size/complexity of the site it is considered possible that there may be unidentified areas of contamination at the site that could pose a risk to controlled waters if they are not remediated.

Condition 5 No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details.

Page 38 Page 28 of 61 Reason: there is an increased potential for pollution of controlled waters from inappropriately located infiltration systems such as soakaways, unsealed porous pavement systems or infiltration basins. Refer to: the SuDS Manual (CIRIA C753, 2015), the Susdrain website (http://www.susdrain.org/ ) and draft National Standards for SuDS (Defra, 2011) for further information.

Risk The application site lies very slightly within Zone C2 as defined by the Development Advice Map (DAM) referred to under Technical Advice Note 15: Development and Flood Risk (TAN15) (July 2004). Our Flood Map information, which is updated on a quarterly basis, confirms the site to be within the 0.1% (1 in 1000 year) annual probability fluvial flood outlines of the River Usk, a designated main river.

However, this outline is based on a flow path that predominantly follows the Monmouthshire Brecon Canal. Any flow is likely to be contained in the canal basin to the south of the site. Due to functions within the modelling this cannot be represented accurately on our maps. Therefore, we do not consider a Flood Consequences Assessment necessary in this instance.

European Protected Species. We note that an ecological assessment has not been submitted with the application. We recommend that you discuss this matter with your in-house ecologist.

Other matters Our comments above only relate specifically to matters that are included on our checklist 'Natural Resources Wales and Planning Consultations' (March 2015) which is published on our website: (https://naturalresources.wales/planning-anddevelopment/planning-anddevelopment/?lang=en).

We have not considered potential effects on other matters and do not rule out the potential for the proposed development to affect other interests, including environmental interests of local importance. Please be advised that, in addition to planning permission, it is your responsibility to ensure that you secure all other permits/consents relevant to the development.

POLICY CONTEXT Planning Policy Wales (Edition 9: November 2016): Paragraph 6.5.20 states that: "There should be a general presumption in favour of the preservation or enhancement of the character or appearance of a conservation area or its setting."

Technical Advice Note 12: Design (2016) Technical Advice Note 24: The Historic Environment (May 2017)

Brecon Beacons National Park Local Development Plan (December 2013)

Policy 1: Appropriate Development in the National Park

Page 39 Page 29 of 61 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; …..

Policy 17: The Settings of Listed Buildings: Development proposals which would adversely affect the setting of a listed building will not be permitted.

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

Brecon Conservation Area Appraisal (2016) ASSESSMENT These comments are written with regard to the heritage and conservation aspects of the proposal.

The site is located with the Brecon Conservation Area and there are a number of listed buildings and structures nearby. The Monmouthshire and Brecon Canal runs immediately to the south of the site. The Monmouthshire and Brecon Canal started as 2 separate canals and this section was known as the Brecknock and Abergavenny Canal which was built from 1793, reaching Brecon in 1800. The canal was important to the economy of the area and used to transport coal, limestone, iron ore and agricultural products. The canal is an important feature within the conservation area along with its associated listed buildings and structures. The Brecon Conservation Area Appraisal notes the importance of the canal to quality of Brecon's historic environment and its contribution to important green space within the town. The listed Weights and Measures Office associated with the canal is found to the west of the site and the stone bridge over the canal to the south east is also grade II listed. To the north side of the site is a converted barn which is grade II listed. The barn dates from the late 18th or early 19th century and the list description refers to the possibility it was associated with the Brecknock Boat Company Wharf which occupied the yard. The list description summarises as following: 'Barn retaining historic character and with possible added historic interest from connection with Brecon and Abergavenny Canal.'

Following the withdrawal of the previous application for 12 dwellings ref. 17/14980/FUL, a meeting held to discuss the layout and design and other issues related to the proposal. The 2017 scheme created an inward development that turned its back on the canal and the public realm. The applicants have taken on board this concern by amending the design of the south elevations fronting the canal and relocating the private garden space to the north. Porches have been added to some of the units fronting the canal, signalling that this is the front elevation. Unit 4 and 7 do not have this feature. The design of this frontage was discussed at the office meeting referred to above. There were no drawings showing the porches available

Page 40 Page 30 of 61 at the meeting and there was a discussion around whether the elevation would be too crowded with a porch also added to the middle unit. Now the drawings of the elevations are available it is considered that a porch on the middle units fronting the canal will work aesthetically. The additional porch will also strengthen the legibility of the development, affirming that this is definitely the frontage. The row has also been pushed forward, closer to the canal to allow space for the rear gardens to be located on the north side as agreed. A small semi-private space is provided for each dwelling fronting the canal. As agreed, the space will not be divided with fencing and the surfacing will be unified. Instead, the space allocated to each dwelling will be shown by using contrasting dark coloured paviours.

The number of parking spaces has been reduced which is welcome and the hard landscaping is now less dominant than shown in the previous scheme.

The proposed palette of materials will consist of Llangorse stone to the external walls, natural slate for the roofs, timber windows and composite doors. The proposed materials are supported.

The layout plan shows the existing stone wall along the east boundary being retained. It is important that this feature is retained as it appears to be a historic boundary and is contiguous with the boundary wall associated with the listed barn.

The heritage response for the 2017 application included a comment on the design and access statement (DAS) and the lack of analysis of the site and surrounding area. I directed the applicant to TAN 12 for advice on undertaking a context appraisal. It is disappointing that the current DAS has not added further analysis, just briefly mentioning Cwrt Conway as an influence on the design of the proposed scheme. I also note that the policy section does not refer to Policy 17: The Setting of Listed Buildings which is an oversight given the proximity of listed buildings. While we have had a meeting to discuss the design, this does not absolve the applicant from producing a DAS that demonstrates their analysis of the surrounding context and shows how this assessment fed into the final design. That said, the cottages at Cwrt Conway are an example of a recent development that have integrated successfully into the historic canal-side setting and to use them as a reference for this scheme is not unreasonable.

CONCLUSION It is requested that a porch is added to 4 and 7 to match those already shown on the two terraces fronting the canal. This will strengthen the legibility of the scheme so that there is no doubt that these are the front elevations.

If the above can be resolved, the proposal is considered to be acceptable from a heritage perspective. If planning permission is granted it is recommended that the planning conditions include the following: o A restriction on structures within the areas fronting the canal, including the erection of fences between the plots. o Samples of materials to be submitted.

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NP Heritage Officer Archaeology 18th May 2018 National Policy Framework Welsh planning legislation and policy guidance outlines that the desirability of conservation of archaeological remains is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.5). Planning Policy Wales (Edition 9: 2016): Paragraph 6.5.5. 'The conservation of archaeological remains is a material consideration in determining a planning application, whether those remains are a scheduled monument or not. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical protection in situ. It will only be in exceptional circumstances that planning permission will be granted if development would result in an adverse impact on a scheduled monument (or an archaeological site shown to be of national importance) or has a significantly damaging effect upon its setting. In cases involving less significant archaeological remains, local planning authorities will need to weigh the relative importance of the archaeological remains and their settings against other factors, including the need for the proposed development.'

This means that Local Planning Authorities in Wales have to take into account archaeological considerations and deal with them from the beginning of the development control process, and need to be fully informed about the nature and importance of archaeological remains, and their setting, and the likely impact of any proposed development upon them. Technical Advice Note 24 (May 2017): Paragraph 4.7. 'Where archaeological remains are known to exist, or considered likely to exist, and a study has not already been undertaken by the applicant, the local planning authority should ask an applicant to undertake a desk-based archaeological assessment and, where appropriate, an archaeological evaluation. These should be done by a qualified and competent expert to the appropriate standard. The reports of these investigations will form part of the planning application. Applicants should show they have modified their development proposals to minimise any negative impact on the identified archaeological remains, and how they intend to mitigate any remaining negative impacts'.

Archaeological sensitivity and significance of the site The site is located at Cross yard, the Watton, Brecon, in an area fronting the historic canal, and is located within the Brecon Conservation Area. The site occupies the site of a former drill hall, and the Rhyd, the former Brecknock Boat

Page 42 Page 32 of 61 Company's Wharf. The dock was enlarged during the late 19th century but has since been infilled (CPAT23551).

Several listed buildings are situated in the vicinity, including the Grade II Listed former barn located to the north of the site (Cadw 6869), the Grade II listed former Canal Weights & Measures Office at the Canal Basin some 50 meters to the west of the site (Cadw 18110), and the Grade II Listed Canal Bridge at the south end of Gasworks Lane (Cadw 6888). Archaeological Impacts of the development

The application is for the residential redevelopment of the site, to provide 12 dwellings with associated gardens, parking, landscaping/planting, access and service infrastructure. The applicant has submitted an archaeological Desk Based Assessment (APAC, April 2018) in support of the application to provide more information on the archaeological potential of the site and the impact of the proposal, to allow a decision to be made regarding the likely impact of the development on archaeological remains.

The desk based assessment has shown that the area of proposed development has a high potential for the presence of intact post-medieval remains associated with the early industry of Brecon including structures, features, deposits and finds. It is also considered that there is a reasonable potential for waterlogged timbers/timber structures to be present.

The DBA provides an assessment of impact upon archaeological remains, and outlines that prior to any development, the site will be stripped of upper overburden material/root matter to a maximum depth of 0.3m below the existing ground level. The twelve houses are proposed to be erected on rafted foundations with a maximum trench depth of 0.7m. Additional ground impact includes the construction of a foul drain trench connecting to the existing sewerage (anticipated depth of between 0.9m and 1.2m). Surface water drainage and attenuation areas are proposed to be a maximum of 0.9m deep with all subsequent services and facilities at a similar depth (APAC, 10.23). Further landscaping for car parking, access road and garden areas will also likely have a direct physical impact on the below-ground archaeology (APAC 11.4). The desk based assessment and site walkover has indicated no physical or settings impacts to any scheduled ancient monument within the 250m search area. Of the 139 listed buildings within the 250m search area only two are considered likely to experience any impact on their setting as a result of the proposed development, and in both cases the impact was felt likely to be minor owing to substantial previous change already seen in the area.

Archaeology: All proposals for development or change of use of land or buildings in the National Park must demonstrate that the proposed development does not have an unacceptable impact archaeological features. The Archaeological Desk Based Assessment has indicated that the proposed development is located within an archaeologically sensitive area, and archaeological remains are likely to survive within this development site. As such, archaeology is a material consideration in the determination of this planning application.

It is recommended that this application is not determined until the archaeological resource has been assessed through a programme of archaeological works in order to evaluate the presence

Page 43 Page 33 of 61 or absence of archaeological remains, the nature, extent, preservation and significance of any archaeological deposits that survive on this site, and the impact of the proposed development on them.

The developer shall ensure that a suitably qualified archaeological contractor is employed to carry out the required Archaeological Evaluation. The archaeological evaluation will be carried out in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority and must meet the standards laid down by the Institute for Archaeologists in their Standard and Guidance for archaeological field evaluation.

A copy of the Evaluation report shall be submitted to the Local Planning Authority for approval. Following approval, the report will inform further works necessary: determination of the application/ or whether further archaeological work is required.

The approved report will be submitted to the National Park Archaeologist and the local Welsh Archaeological Trust for inclusion in the Regional Historic Environment Record (HER).

An advice note for commissioning archaeological works within the Brecon Beacons National Park is attached above.

Listed Buildings: The Historic Buildings Conservation Officer at the Brecon Beacons National Park may wish to comment upon any potential impact of the proposed development upon the settings of adjacent Listed Buildings, and the character of the Conservation Area and should be consulted on this application.

Scheduled Monuments: The application is located within 0.5 kilometres from the perimeter of several scheduled monuments. As such, 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 Planning Ecologist 17th May 2018 A. Planning Policy and Guidance o To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. o The adopted Local Development Plan for the Brecon Beacons National Park includes the following policies regarding ecological issues and safeguarding biodiversity: o SP3 Environmental Protection - Strategic Policy o Policy 1 Appropriate Development in the National Park o Policy 3 Sites of European Importance

Page 44 Page 34 of 61 o Policy 4 Sites of National Importance o Policy 5 Sites of Importance for Nature Conservation o Policy 6 Biodiversity and Development o Policy 7 Protected and Important Wild Species o Policy 8 Trees and Development o Policy 9 Ancient Woodland and Veteran Trees o Policy 12 Lighting o The Brecon Beacons NPA has produced the following Supplementary Planning Guidance (SPG) documents regarding biodiversity issues and development (available on the BBNPA website): o Biodiversity and Development SPG (September 2016) o Biodiversity in the Towns of the Brecon Beacons National Park SPG (March 2014)

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

C. Comments 1. Thank you for consulting me on the above application. The development proposals are for the construction of 12 new dwellings on a site in Brecon that lies to the north of the Monmouthshire and Brecon Canal. 2. I visited the site last year as part of the previous application and have reviewed the documents and drawings submitted with the application, which includes the following ecological information: o Land at Cross Yard, Brecon - Ecological Appraisal by BE Ecological dated April 2017 o Technical Note for Proposed Development: Cross Yard, Brecon - Updated information by BE Ecological dated 19.04.18 3. I welcome the submission of the ecological report and updated ecological information with the application and note that a full visual assessment of the site was undertaken in April 2017. The site is a 'brownfield' site and is unmanaged with piles of rubble and stones as well as

Page 45 Page 35 of 61 developing vegetation of scrub, tall ruderal herbs and areas of grassland. The site has suitability for use by reptiles and breeding birds but detailed surveys for these species have not been undertaken; it is instead assumed that they are present. 4. Otter are also known to be present along the adjacent canal, although no signs of use were found within the development site. The proposed mitigation strategy is appropriate to avoid disturbance to this species during the construction and operation of the development. 5. There will be some loss of breeding bird habitat - nesting sites and foraging habitats. The proposed landscaping at the site is limited to the planting of trees, eleven in total. These will take some time to mature and it is recommended that bird nesting features are also installed. 6. I previously recommended that further information is required regarding the use of the site by reptile species as well as an appropriate mitigation strategy to accommodate suitable reptile habitat within the site. Following the withdrawal of the previous application, the applicant's ecological consultant submitted a Technical Note to clarify the findings of previous surveys and the status of the site, as well as a proposed mitigation strategy for reptile species. This document confirms that the site was largely clear in the recent past and the proposed mitigation strategy and method statement is acceptable. Please can the location of the proposed reptile hibernaculum be provided? 7. There is still limited green infrastructure within the development proposals, although the expansion of the 'retained habitat' area is welcomed. I agree with the BBNPA tree consultant regarding the limited provision of tree cover within the landscaping scheme (eleven trees in total and no shrubs); however, the 'retained habitat' area should include native species as listed in Appendix 5 of the LDP rather than Acer worlesi. In order for this area to be suitable for reptiles, smaller trees are preferred in order to maintain some open and sunny areas for reptiles to bask, although a larger tree could be accommodated at the northern end. There is scope for further tree and hedgerow planting along boundaries elsewhere on the site. A landscaping and biodiversity enhancement scheme will need to include provision for long- term management of habitats and biodiversity features at the site; it is recommended that reference is made to the Biodiversity in the Towns of the Brecon Beacons National Park SPG (March 2014). 8. It will be important to ensure that any external lighting is of an appropriate design and sensitively located to avoid light-spill towards wildlife corridors and the canal in particular. The details of external lighting can be secured through an appropriately worded planning condition. 9. 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 will be opportunities to accommodate biodiversity enhancement measures such as a bat brick or gaps for bat roosting behind weatherboarding; further guidance on this is provided by the Bat Conservation Trust at: http://www.bats.org.uk/pages/accommodating_bats_in_buildings.html I recommend that at least twenty features for bats and nesting birds are specified (type and location) by the applicants.

D. Recommendations There is insufficient green infrastructure within the proposals. The landscaping scheme should be amended and biodiversity enhancement features added (at least twenty bat and bird boxes should be installed). The scheme should also make provision for the long-term management of habitats and biodiversity features at the site; it is recommended that reference is made to the

Page 46 Page 36 of 61 Biodiversity in the Towns of the Brecon Beacons National Park SPG (March 2014). Please can the location of the reptile hibernaculum also be confirmed?

It would be preferable if details of external lighting could be provided, although it may be possible to secure this information through an appropriately worded planning condition.

If these issues can be resolved and this application is to be approved, I will be in a position to recommend the inclusion of planning conditions and informative notes.

Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 1, 6, 7 and 12 of the adopted Local Development Plan for the BBNP o To comply with the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2017 and the Environment (Wales) Act 2016

NP Strategy And Policy 18th May 2018 The development plan for the area is the Brecon Beacons National Park Local Development Plan 2007-2022 (hereafter LDP) which was adopted by resolution of the National Park Authority on the 17th December 2013.

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

Proposal The application seeks planning permission for the development of 12 residential units.

The site is identified as a Housing Commitment on the Proposal Map for the Local Development Plan (2013) for 12 residential units with a contribution towards affordable housing of £59,000.

Local Development Plan Policy Context The site is located within the settlement boundary of Brecon, the Primary Key Settlement within the National Park. The Local Development Plan defines Brecon as an area which plays an important role as a service centre for the region. It is the location for many differing and diverse employment options, it provides a strong retail offer and supports many different cultural and leisure activities.

The LDP aims to develop Brecon in accordance with its regional significance and in keeping with the Environmental Capacity of the town. The National Park Authority in consultation with Brecon community has defined a Vision for the development of the area for the next 15 years which can be found on page 53 of the LDP. All development proposals will need to demonstrate how their scheme works to help achieve the Vision for Brecon's development. This position is implemented through Policy BLP1, which allows for proposals that strengthen and enhance the mix of housing types and tenure options within the town, responsive to the demographic needs of the area and region, on land identified as being within environmental limits.

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The principle of the development can therefore be supported.

I do have some concerns in relation to the proposal however. Most notably how the scheme will meet the requirements of policy SP6 and 28 of the LDP which clearly set out that the NPA requires all proposals for development within the area to provide a contribution towards affordable housing. Within Brecon it would be expected that 20% of the development would be provided as affordable, with the presumption being that this contribution be provided on site. Accordingly the scheme should be providing 10 market units, 2 affordable units and an commuted sum equivalent to 0.4units. Having reviewed the planning file I have concerns that the proposal is for 12 market units. I have been unable to locate details in relation to how Policy 28 will be met, although there is correspondence from PCC Housing Strategy Officer indicating that the approach to affordable housing taken is acceptable and recommending an Housing Association.

The applicant will need to provide details in relation to the number of units on site to be provided as affordable and how these will meet the definition of affordable housing set out at 6.3.2 of the LDP.

Well-being of Future Generations (Wales) Act 2015 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

Chapter 4 of Planning Policy Wales Edition 9 (2016) considers planning for sustainability and making sustainable planning decisions. 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.

Recommendation The principle of the development is acceptable.

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Further detail in relation to affordable housing provision on site will be necessary in order for Strategy and Policy to be supportive of the proposal.

NP Tree Consultant 16th May 2018 Thank you for consulting me on the above application. I have reviewed the submitted documents and set out my comments below.

1) The application is for 12 no. residential units on the site of the former drill hall and former Brecknock Boat Company's wharf.

2) The site has been cleared in the past, and there are no semi-mature or mature trees on or adjacent to the site. However, it is covered in self-seeded young saplings of the pioneer tree species Goat Willow and Ash as mentioned in the preliminary ecological appraisal.

3) A Landscaping and External Works drawing has been provided (drawing no. SL.05, April 2018 by K. J. Lloyd) and this shows proposed tree planting 11 trees - namely 5 Silver Birch, 3 Acer worleei (Sycamore species) and 3 Acer campestre (Field Maple).

4) The landscaping drawing does not provide any further information on tree size, tree pit design, watering systems or maintenance regimes.

5) This area of Brecon has very limited tree cover, and it is disappointing to see small to medium sized tree species being suggested, with no apparent thought given as to how the available green space could be used to incorporate some very large tree species for maximum future impact.

6) For example, the far end of the rear garden of plot 12, and the retained habitat area by the layby and canal would be able to accommodate large statement trees (either exotic or native) such as Oriental London Plane, Tulip tree, Liquidambar (Sweet Gum), Norway Maple, Walnut, False Acacia, Italian Alder, Turkish Hazel, Gingko, Swamp Cypress, Scots Pine, etc.

I have no objections to the proposals providing that the landscaping scheme is amended to take account of my comments above, and the following planning condition should be included if planning permission is granted.

1) A landscaping scheme shall be submitted prior to any works commencing, giving details of number and size of tree species being planted, how the tree pits will be constructed, including details of tree watering systems within the tree pits, and a 5 year timetable of maintenance for the trees.

NP Heritage Officer Building Conservation 20th Jun 2018 ASSESSMENT

Page 49 Page 39 of 61 Following the heritage comments dated 25th May 2018, the applicants have amended the scheme to add a porch to Units 4 and 7, matching those shown on the other units fronting the canal. Units 1 - 8 will now be unified, with each dwelling having a gabled porch to the elevation facing the canal. This improves the legibility of the scheme, clearly indicating that these are the principle elevations facing the canal's public realm, from where the visual impact of the development will be most noticeable. An added benefit is the improvement this will make to the semi-private space to the front of Units 3 & 4 and 6 & 7.

CONCLUSION The amended details showing the addition of a porch to Units 4 and 7 improves the frontage to the canal and is therefore supported.

Due to this amendment, the proposal is considered to be acceptable from a heritage perspective. If planning permission is granted it is recommended that the planning conditions include the following: o A restriction on structures within the areas fronting the canal, including the erection of fences between the plots. o Samples of materials to be submitted.

NP Heritage Officer Archaeology 12th Jun 2018 National Policy Framework Welsh planning legislation and policy guidance outlines that the desirability of conservation of archaeological remains is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.5). Planning Policy Wales (Edition 9: 2016): Paragraph 6.5.5. 'The conservation of archaeological remains is a material consideration in determining a planning application, whether those remains are a scheduled monument or not. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical protection in situ. It will only be in exceptional circumstances that planning permission will be granted if development would result in an adverse impact on a scheduled monument (or an archaeological site shown to be of national importance) or has a significantly damaging effect upon its setting. In cases involving less significant archaeological remains, local planning authorities will need to weigh the relative importance of the archaeological remains and their settings against other factors, including the need for the proposed development.'

Technical Advice Note 24 (May 2017): Paragraph 4.7.

Page 50 Page 40 of 61 'Where archaeological remains are known to exist, or considered likely to exist, and a study has not already been undertaken by the applicant, the local planning authority should ask an applicant to undertake a desk-based archaeological assessment and, where appropriate, an archaeological evaluation. These should be done by a qualified and competent expert to the appropriate standard. The reports of these investigations will form part of the planning application. Applicants should show they have modified their development proposals to minimise any negative impact on the identified archaeological remains, and how they intend to mitigate any remaining negative impacts'.

Archaeological Impacts of the development The application is for the residential redevelopment of the site, to provide 12 dwellings with associated gardens, parking, landscaping/planting, access and service infrastructure. The applicant has submitted an archaeological Desk Based Assessment (APAC, April 2018) in support of the application to provide more information on the archaeological potential of the site and the impact of the proposal, to allow a decision to be made regarding the likely impact of the development on archaeological remains.

Page 51 Page 41 of 61 (anticipated depth of between 0.9m and 1.2m). Surface water drainage and attenuation areas are proposed to be a maximum of 0.9m deep with all subsequent services and facilities at a similar depth (APAC, 10.23). Further landscaping for car parking, access road and garden areas will also likely have a direct physical impact on the below-ground archaeology (APAC 11.4).

The desk based assessment and site walkover has indicated no physical or settings impacts to any scheduled ancient monument within the 250m search area. Of the 139 listed buildings within the 250m search area only two are considered likely to experience any impact on their setting as a result of the proposed development, and in both cases the impact was felt likely to be minor owing to substantial previous change already seen in the area.

Archaeology: All proposals for development or change of use of land or buildings in the National Park must demonstrate that the proposed development does not have an unacceptable impact archaeological features. The Archaeological Desk Based Assessment has indicated that the proposed development is located within an archaeologically sensitive area, and archaeological remains associated with the Rhyd, the former Brecknock Boat Company's Wharf on the Brecon Canal are likely to survive within this development site. As such, archaeology is a material consideration in the determination of this planning application.

The 19th century industrial remains are considered to be of local - regional significance. Whilst the presence of the remains are not considered to represent a barrier to positive determination of the application, further work will be required to evaluate the form, and character of archaeological remains, and to inform the formulation of appropriate strategies to minimise and mitigate impacts of the development.

It is not anticipated that earlier period remains will be encountered on the site, with any potential earlier remains likely to have truncated during the construction, use and development of the canal and wharf. It is therefore considered that the required programme of archaeological work can, in this case, be undertaken post-determination as a staged programme of works. The following condition would be a suitable:

No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work. This will comprise: i) The developer will ensure that a suitably qualified archaeological contractor is employed to carry out an Archaeological Evaluation. The archaeological evaluation will be carried out in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority and must meet the standards laid down by the Institute for Archaeologists in their Standard and Guidance for archaeological field evaluation. A copy of the Evaluation report shall be submitted to the Local Planning Authority for approval. Following approval, the report will inform further works necessary. The approved report will be submitted to the National Park Archaeologist and the local Welsh Archaeological Trust for inclusion in the Regional Historic Environment Record (HER). ii) Following on from the evaluation, any safeguarding measures required to ensure

Page 52 Page 42 of 61 preservation in situ of important archaeological remains and/or further archaeological investigation, recording and reporting shall be implemented. These works will be undertaken in accordance with a specification which has been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure appropriate assessment of the archaeological implications of the development and the subsequent mitigation through preservation in situ or by record.'

An advice note for commissioning archaeological works within the Brecon Beacons National Park is attached above.

CONTRIBUTORS Ian Rees, 1 Cwrt Conway, Aberhonddu, Patrick Palmer, 8 Cwrt Conway, Aberhonddu Graham Tod, The Barn, Cross Yard

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY The application was publicised by direct neighbour notification, the erection of a site notice and the placing of an advert within a local newspaper.

Three representations were received raising concerns and objections to the development proposed. These are summarised below: - Concerns that the submission indicates that the nearest school is Penmaes School which is a primary school. The representation notes that while this school is in walking distance it is not a primary school and is a specialist school for disabled children between the ages of 3 and 19. - Concerns that the applicant’s submission indicates that there is access from the site onto the Watton, which is not correct. - Objections to the increase in traffic which will exacerbate the existing congestion problem which results from people dropping off children at the school. - Concern over traffic noise, congestion and safety from the development. - Suggest that for this development to be acceptable that alterations should be made by the local highways authority to address the traffic issues in the locality. - Concern that the single lane bridge over the canal is not appropriate for heavy construction traffic and that vehicles will put a heavy strain on it. Concern that no assessment of whether the bridge is capable of taking the vehicles required for construction and accessing the site.

Page 53 Page 43 of 61 - Objection regarding the layout of the site and the potential for there to be a conflict between parking at the site and people leaving the site and people using the bridge. The bridge is a hump backed bridge with a pronounced crown that prevents drivers from seeing vehicles. - Objection regarding the positioning of the refuse area to the rear of 10 Cwrt Conway. The refuse are will be directly behind the rear windows of this property, which is not acceptable siting. - Concern regarding the potential impact of traffic congestion on visitors to the town and the impact of traffic on tourists using the bridge as a vantage point. - Concern that the proposal will cause additional traffic on Rich Way which is already congested and causes problems for access to the supermarket on this road. - Objection to the increase in difficulties for drivers trying to access Cwrt Conway. - The proposal will have a detrimental impact on community safety. - Objection due to overshadowing of Barn 3 within the Cross Yard site and reduction in outlook from property and the proximity of plots 10 and 12. It is also noted that these properties would not have a rear garden. - The barn is an historic building and this proposal would impact its setting and interfere with views of the barn from the area of Theatr Brycheiniog. - This proposal will maximise the number of properties that can be accommodated on the site but will not be in keeping with the character and appearance of the surrounding properties. - Consider that there is no evidence that the applicant has looked at energy efficient housing or renewable energy.

PLANNING HISTORY App Ref Description Decision Date

17/14980/FUL 12 No Residential Units Application 28th Nov 2017 Withdrawn 07/01317/FUL 12 No residential units Application 1st Jun 2009 Permitted (S106 Agreement)

OFFICER’S REPORT

INTRODUCTION Full planning permission is sought for the construction of 12 residential units at Cross Yard, to the south of The Watton and facing the canal in Brecon.

This application has been submitted following the withdrawal of planning application 17/14980/FUL. The application has been revised to reflect concerns expressed regarding the design of the previous proposal.

The application is reported to the Planning Access and Rights of Way Committee as it represents a major development as defined in the Town and Country Planning (General Development Management Procedure) (Wales) Order 2012 and is therefore a matter for Committee decision.

Page 54 Page 44 of 61 SITE DESCRIPTION Cross Yard is a former commercial premises situated between the canal and The Watton, a few hundred metres south east from Brecon Town Centre. The site occupies the site of a former drill hall, and the Rhyd, the former Brecknock Boat Company's Wharf.

The site is roughly rectangular overgrown and mainly level with access from Canal Street at the south west end of the site. There is a short road frontage to Canal Street.

To the west is Conway Street, and a single storey store (used as a scouts hall) runs along this boundary. To the East is Gasworks Lane and the garden of no 59 the Watton. Several listed buildings are situated in the vicinity, including the Grade II Listed former barn located to the north of the site the Grade II listed former Canal Weights & Measures Office at the Canal Basin some 50 meters to the west of the site and the Grade II Listed Canal Bridge at the south end of Gasworks Lane.

The site is allocated for housing development (Housing Commitment COM-BR-A) in the Local Development Plan and has an extant planning permission for 12 No residential units, including an additional 3 units in the converted barn structure immediately north of the site, and included in planning permission 07/01317/FUL.

As stated above, the site is located within the Primary Key Settlement of Brecon, and in the Brecon Conservation Area.

DESCRIPTION OF DEVELOPMENT Full planning permission is sought for 12 dwellings, comprising of 3 pair of semi-detached and 6 terrace dwellings (in 2 groups of 3). All the dwellings are a simple two storey cottage type design.

The site will be accessed off Canal Street at the south west end of the site. 27 parking spaces are provided within the development, along with landscaping, and a refuse and recycling area.

The development provides 8 dwellings fronting the canal at the southern end of the site, with the access road extending through the centre of the site, and 4 dwellings sited towards the northern boundary. The parking spaces are generally sited in the centre of the site around a courtyard.

PLANNING POLICY CONTEXT Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that the determination of planning applications shall be made in accordance with the development plan unless material considerations indicate otherwise. In this instance the development plan is the Brecon Beacons National Park Authority Local Development Plan 2007-2022 (adopted 2013) (LDP).

The key planning policy and guidance which is relevant to this application are identified below:

SP1 National Park Policy

Page 55 Page 45 of 61 Policy 1 Appropriate Development in the National Park SP3 Environmental Protection - Strategic Policy Policy 3 Sites of European Importance Policy 4 Sites of National Importance Policy 5 Sites of Importance for Nature Conversation Policy 6 Biodiversity and Development Policy 7 Protected and Important Wild Species Policy 8 Trees and Development Policy 10 Water Quality Policy 11 Sustainable Use of Water Policy 12 Light Pollution Policy 13 Soil Quality Policy 14 Air Quality Policy 22 Areas of Archaeological Evaluation SP 4 Climate Change SP11 Sustainable Design SP10 Sustainable Distribution of Development B LP1 Brecon Enabling Appropriate Development B LP2 Brecon Mitigating Impact SP5 Housing Policy 24 Housing Requirement SP6 Affordable Housing Policy 28 Affordable Housing Contributions SP 12 Economic Wellbeing Policy 32 Employment Land Requirement Policy 34 Mixed Use Allocations Policy 35 Employment Generating Development Policy 49 Rights of Way and Long Distance Routes SP15 Supporting Sustainable Communities Policy 52 Welsh Language Policy 53 Planning Obligations SP16 Sustainable Infrastructure Policy 54 Power-lines and Pipelines Policy 56 Water and Sewage Supply for New Development Policy 58 Sustainable Drainage Systems SP17 Sustainable Transport Policy 59 Impacts of Traffic Policy 60 Provision for Cycling and Walking SP18 Sustainable Use of Land Policy 61 Dwelling Density

Supplementary Planning Guidance, adopted by the Authority, which is particularly relevant to this application is as follows: - Supplementary Planning Guidance: Policy 28: Affordable Housing Contributions (Endorsed by NPA 26 September 2014) - Supplementary Planning Guidance: Planning Obligation Strategy To aid implementation of

Page 56 Page 46 of 61 Policy 53 of the BBNPA LDP (Endorsed by NPA July 2014)

National planning policy and guidance which is considered as particularly relevant to the determination of this application is as follows:

Planning Policy Wales (Edition 9, November 2016)

TAN 2: Planning and Affordable Housing (2006) TAN 5: Nature Conservation and Planning (2009) TAN 11: Noise (1997) TAN 12: Design (2016) TAN 15: Development and Flood Risk (2004) TAN 16: Sport, Recreation and Open Space (2009) TAN 18: Transport (2007) TAN 20: Planning and the Welsh Language (2013)

The development is located within Primary Key Settlement of Brecon as defined on the Proposals Map.

PRINCIPLE OF DEVELOPMENT AND AFFORDABLE HOUSING The site is located within the settlement boundary of Brecon, the Primary Key Settlement within the National Park. The Local Development Plan defines Brecon as an area which plays an important role as a service centre for the region. It is the location for many differing and diverse employment options, it provides a strong retail offer and supports many different cultural and leisure activities.

Policy 24 of the LDP identifies a new housing requirement of 1990 dwellings between 2007 and 2022. Policy SP5 identifies a land supply of 2,045 dwellings. 960 of these dwellings are to be delivered on housing allocations as set out in Table 6.1 of the LDP. This site is allocated for housing as COM-BR-A and Table 6.1 of the LDP gives an allocation of 12 dwellings in the first five years of the plan. Planning permission has previously been granted on the site as a residential development (latest 07/01317/FUL.)

The Sandford principle was considered in the preparation of the LDP in setting objectives, forming policies within the plan and identifying allocations for development. But there remains a requirement to determine compliance with the first statutory purpose to assess whether the

Page 57 Page 47 of 61 principle of development is acceptable. As outlined below any detrimental impact of the development on the first purpose is considered to be effectively mitigated and the proposal is in accordance with the first purpose of the National Park.

AFFORDABLE HOUSING Policy 28 of the LDP sets out the Affordable Housing contribution targets relating to Brecon is 20%. The proposal is for 12 units. 20% of 12 is 2.4 - therefore 2 whole units of affordable housing are required. The remaining 0.4 affordable housing should be provided through commuted sum, worked out in accordance with the Affordable Housing SPG. This works out in this instance, as £59,000.

Subject to the provision of 2 affordable units on site and the payment of £59,000 commuted sum, the proposed development is considered to comply with the above policies.

It has been indicated by the applicants that units 11 and 12 will be allocated for affordable housing. The applicant has been requested to confirm that the residual payment in relation to affordable housing will be paid. Subject to agreement of this payment, it is considered that the requirements of policy 28 have been met.

IMPACT ON THE CHARACTER, APPEARANCE AND VISUAL AMENITIES OF THE AREA Policy 1 of the Local Development Plan states that development should ensure that the scale, form, design layout, density, intensity of use and use of materials will be appropriate to the surroundings and will maintain or enhance the park's natural beauty, wildlife, cultural heritage and built environment.

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

Policy 17 also states that Development proposals which would adversely affect the setting of a listed building will not be permitted.

The canal is an important feature within the conservation area along with its associated listed buildings and structures. The Brecon Conservation Area Appraisal notes the importance of the canal to THE quality of Brecon's historic environment and its contribution to important green space within the town. The listed Weights and Measures Office associated with the canal is found to the west of the site and the stone bridge over the canal to the south east is

Page 58 Page 48 of 61 also grade II listed. To the north side of the site is a converted barn which is grade II listed. The barn dates from the late 18th or early 19th century and the list description refers to the possibility it was associated with the Brecknock Boat Company Wharf which occupied the yard. The list description summarises as following: 'Barn retaining historic character and with possible added historic interest from connection with Brecon and Abergavenny Canal.'

All dwellings proposed are simple traditional two storey cottage type properties finished in stone and slate. The proposed boundaries include existing stone walls, new walls to be constructed from local stone with sand cement coping to match the adjoining barns. The fencing to the canal is post and rail fencing to match the existing fronting Cwrt Conway. Feather edge boarding fences are proposed to allow privacy to amenity areas.

The Design and Access Statement makes reference to the design influence for the proposal being taken from the existing cottages Cwrt Conway. The Built Heritage Conservation Officer states that they have met with and discussed amendments to the proposal following the withdrawal of the application submitted last year. This previous proposal was orientated internally towards the central courtyard area of the scheme. It is now better orientated towards the canal. It is considered that the amended scheme will appear to be an acceptable addition to the street scene. The cottages at Cwrt Conway are considered to have integrated successfully into the canal side setting, partly due to their vernacular character, the use of natural stone and their terraced form and this proposal will follow this form with properties fronting and facing the canal. During the application some further amendment was sought from the developer with the introduction of porches to all properties fronting the canal. The boundary treatments are considered to be appropriate to the sites context.

The proposal is considered to be in accordance with Policies 17, 19 and 1 of the Local Development Plan and would not have a detrimental impact on the conservation area or the setting of the listed buildings.

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

Policy 1 of the LDP requires that the scale, form and intensity of use of development be appropriate to the surroundings and to maintain the built environment.

Powys County Council Highways have pointed out that the precedent for residential development of this scale, on this site, has previously been established through the grant of planning permission 07/01317/FUL. The Highway Authority therefore has no fundamental objection to the proposal. They note that the site will need to be served by a "private road" in perpetuity and that they will seek suitable re-assurances from the developer to satisfy the requirements of the highways act. They recommend a set of detailed conditions that will require the construction of a road to a suitable standard. Subject to the imposition of these

Page 59 Page 49 of 61 conditions it is considered that the proposal will provide an adequate and acceptable standard of access to the development scheme.

The proposal offers 27 parking spaces to serve the 12 dwellings proposed. It is also noted that the site is relatively close to the centre of Brecon and represents a reasonably sustainable location for development where it is likely that alternatives to the use of the private car will be used for some journeys.

Third party representations have raised concerns regarding the access and parking arrangements for the development. These concerns are noted however it is considered that the advice of the Local Highways Authority should be given significant weight and their advice that an acceptable access can be gained to the site.

Subject to the imposition of appropriate highways conditions it is considered that the proposal will provide an acceptable access to the development and acceptable provision of parking and is in accordance with Policy 59.

IMPACT ON LIVING CONDITIONS Comments have been received from neighbouring occupiers and other third parties relating to the potential impact of the development on residential amenity. These raise issues of disturbance from occupiers, loss of light, loss of outlook, loss of view and that the development will be overbearing.

TAN 12 recognises the importance of the scale of development in relation to surroundings and how the mass and height of developments can impact on privacy, sunlight and microclimate.

Planning Policy Wales (9th Edition, November 2016) at paragraphs 9.3.3 and 9.3.4 state: Insensitive infilling, or the cumulative effects of development or redevelopment, including conversion and adaptation, should not be allowed to damage an area’s character or amenity. This includes any such impact on neighbouring dwellings, such as serious loss of privacy or overshadowing.

In determining applications for new housing, local planning authorities should ensure that the proposed development does not damage an area's character and amenity. Increases in density help to conserve land resources, and good design can overcome adverse effects, but where high densities are proposed the amenity of the scheme and surrounding property should be carefully considered. High quality design and landscaping standards are particularly important to enable high density developments to fit into existing residential areas.

PPW paragraph 3.1.8 advises that in determining planning applications local planning authorities must take into account any relevant view on planning matters expressed by neighbouring occupiers, local residents and any other third parties. While the substance of local views must be considered, the duty is to decide each case on its planning merits. As a general principle, local opposition or support for a proposal is not, on its own, a reasonable ground for refusing or granting planning permission; objections, or support, must be based on valid planning

Page 60 Page 50 of 61 considerations. For example, the loss of views and the devaluation of property are material planning considerations that are representative of a private interest and should not be considered matters of substantive weight in decision making.

The nearest properties which are likely to be impacted by the proposed development are within Cwrt Conway and the converted Barn to the North.

As stated above, the development is set around the central hardstanding area. There is sufficient separation distances between dwellings 1-8 which front the canal on the southern side of the site and dwellings 9-12 (from 18 to 30m front to rear) to not result in any unacceptable overlooking within the site.

There also remains a distance of 20m from the rear facing elevation of dwellings 9-11 and the converted barn immediately to the north of the site. Whilst this neighbour has objected on ground of privacy, it is, on balance, given the town centre location and given the allocation of this site for residential development, that 20m is sufficient to limit the overlooking impact to an acceptable level.

The separation distance between, No. 9 and 10 and the listed barn is reduced to around 14m, however given the angle of these units, overlooking of the first floor window in the barn conversion is oblique. Again therefore, on balance, it considered that this level of potential overlooking is not sufficient to warrant a recommendation of refusal in this instance.

It is not considered that the proposed dwellings will overlook any other nearest neighbouring properties, the holiday letting units to the west (to the rear of the Gremlin hotel) or no 9 and 10 Cwrt Conway, given the orientation of the dwellings and the separation distances.

The separation distances to neighbouring properties are considered to be acceptable and would not give rise to an unacceptable impact due to the development being overbearing. It is also not considered that the proposal would give rise to unacceptable impact due to overshadowing from the separation distances outlined.

The proposed recycling and refuse area is sited on the western boundary, near to the No 9 and 10 Cwrt Conway. Although close to 10 Cwrt Conway it is considered that it has been reasonably sited so that it is not directly behind this property. It is considered that subject to appropriate boundary treatments and details of this area, this would form an acceptable relationship between the properties.

The proposal will result in increased activity and more cars and disturbance from residential properties following occupation. However there is no clear case that the activity and the disturbance from residents occupying the site would go beyond what would be reasonable to expect in a residential area.

While the scale of development is relatively small and construction activities should not extend for a significant period of time; the site is in a dense urban environment and in close proximity to residential properties. This is considered to give rise to a potential detrimental

Page 61 Page 51 of 61 impact on residential amenity from construction works. Construction and operations, (including deliveries) can be restricted to between the hours of 08.00 to 18.00 Monday to Friday and 08.00 to 13.00 on Saturday with no operation on Sunday or public holidays. It is considered that subject to hours of operation the impact on neighbouring properties will be mitigated to an acceptable level.

Overall it is considered that the proposal is an acceptable form of development and would not give rise to an unacceptable impact on the living conditions of surrounding occupiers and is in accordance with the policies outlined above.

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

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

An ecological report was submitted with the application and noted that a full visual assessment of the site was undertaken in April 2017. The brownfield site is unmanaged with piles of rubble and stones following the demolition of the buildings that formerly occupied the site. There is a developing vegetation covering of the site of scrub, tall ruderal herbs and areas of grassland. The report noted the presence of appropriate habitat for reptiles and breeding birds and assumed that these species were present.

Otter are also known to be present along the adjacent canal, although no signs of use were found within the development site. The NP Planning Ecologist has stated that the proposed mitigation strategy is appropriate to avoid disturbance to this species during the construction and operation of the development.

There will be some loss of breeding bird habitat - nesting sites and foraging habitats. The proposed landscaping at the site is limited to the planting of trees, thirteen in total. These will

Page 62 Page 52 of 61 take some time to mature and it is recommended that bird nesting features are also installed.

The Planning Ecologist has reviewed the reptile mitigation strategy and also requested additional information in regard to this during the consideration of the application. It is currently uncertain whether any reptile species are present, although the habitat is certainly suitable. The principles within the Reptile Method Statement are acceptable and additional information has been provided regarding the siting of the hibernacula.

It is also considered important to ensure that any external lighting is of an appropriate design and sensitively located to avoid light-spill towards wildlife corridors and the canal in particular. The details of external lighting can be secured through an appropriately worded planning condition.

Section 6 of the Environment (Wales) Act 2016 requires public authorities to seek to maintain and enhance biodiversity. There will be opportunities to accommodate biodiversity enhancement measures such as a bat bricks or bird boxes within the new dwellings and at least twelve should be installed at the site. The layout needs further consideration to accommodate green infrastructure and wildlife planting and a detailed landscaping scheme will be required; it is recommended that reference is also made to the Biodiversity in the Towns of the Brecon Beacons National Park SPG (March 2014).

To conclude, the Planning Ecologist considers that the proposed development is acceptable and that adequate information has been provided to demonstrate that subject o conditions the proposal is acceptable.

A landscaping and biodiversity enhancement scheme has been submitted and is largely acceptable to the local planning authority. However some minor changes will be required to ensure that it is acceptable and a condition can be imposed to this effect.

It is considered that the proposed development complies with the above policies (policies 2-7 of the LDP).

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

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

Dwr Cymru/Welsh Water have no objection to the proposal subject to a condition preventing surface water and/or land drainage connecting with the public sewerage network.

Page 63 Page 53 of 61 In addition, NRW and the Powys County Council Contaminated Land Officer suggest a number of conditions relating to land contamination.

The application site lies very slightly within Zone C2 as defined by the Development Advice Map (DAM) referred to under Technical Advice Note 15: Development and Flood Risk (TAN15) (July 2004). NRW Flood Map information, which is updated on a 4 quarterly basis, confirms the site to be within the 0.1% (1 in 1000 year) annual probability fluvial flood outlines of the River Usk, a designated main river.

However, NRW state that this outline is based on a flow path that predominantly follows the Monmouthshire Brecon Canal. Any flow is likely to be contained in the canal basin to the south of the site. Due to functions within the modelling this cannot be represented accurately on our maps. Therefore, they do not consider a Flood Consequences Assessment necessary in this instance.

Subject to these conditions, it is considered that the proposal will comply with the above polices.

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

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

The site is located at Cross yard, the Watton, Brecon, in an area fronting the historic canal. The site occupies the site of a former drill hall, and the Rhyd, the former Brecknock Boat Company's Wharf. The dock was enlarged during the late 19th century but has since been infilled (CPAT23551).

The applicant has submitted an archaeological Desk Based Assessment (APAC, April 2018) in support of the application to provide more information on the archaeological potential of the site and the impact of the proposal, to allow a decision to be made regarding the likely impact of the development on archaeological remains.

The National Park Authority Archaeologist has advised that "it is not anticipated that earlier period remains will be encountered on the site, with any potential earlier remains likely to have truncated during the construction, use and development of the canal and wharf. It is therefore considered that the required programme of archaeological work can, in this case, be undertaken post-determination as a staged programme of works."

Page 64 Page 54 of 61 The desk based assessment and site walkover has indicated no physical or settings impacts to any scheduled ancient monument within the 250m search area. Of the 139 listed buildings within the 250m search area only two are considered likely to experience any impact on their setting as a result of the proposed development, and in both cases the impact was felt likely to be minor owing to substantial previous change already seen in the area.

In light of the advice of the NP Archaeologist it is considered that the proposal will have an acceptable impact on archaeology and is in compliance with the policies above.

PLANNING OBLIGATIONS Policy 53 of LDP and the Supplementary Planning Guidance (SPG) on Planning Obligations (July 2014) outline the local planning authority's approach to the provision of contributions to planning obligations. The Community Infrastructure Levy Regulations imposed a restriction on the pooling of Section 106 contributions by LPAs and restrict the use of contributions towards an infrastructure type or project after 6 April 2014, or following implementation of a Charging Schedule (whichever the earlier). The CIL (Amendment) Regulations 2014 ('the 2014 Regulations') extended this deadline to 6 April 2015. These restrictions curtail LPAs' ability to utilise Section 106 as a mechanism for funding strategic, or non-site specific, infrastructure post- April 2015. The SPG outlines that the development issues that the National Park seeks to manage are mostly more local than strategic in nature by reason of the relative scale of development within the National Park. The relevant consultees identified in the SPG within Powys County Council have been consulted on the application. Infrastructure requirements are considered below.

The applicant has not put forward an on-site recreation area. A request has been made for a contribution by the applicants to be made to the provision of recreation services in the locality from the development. The request from Powys County Council is not detailed and could be held to be a contribution to the service in general and would potentially be very restricted by the CiL regulations and could impact on the ability of the Authority to collect contributions in the future. It is also noted that the contribution amount is not specified and it is not indicated. Without further information it is not considered appropriate to pursue this contribution. The relevant officer within Powys County Council has been requested to provide additional information on the justification for a contribution and if this is available it will be presented to Members at Committee. At present it is not considered that a contribution to outdoor recreation has been justified.

OTHER MATERIAL CONSIDERATIONS Other matters raised by third parties, such as the impact of the proposal on tourism are considered to be an un-evidenced assumption and would not form the basis of a sustainable objection to the proposal. The proposal will also have to meet national requirements for sustainability and energy efficiency within the building regulations.

The potential to consider alternative sites to provide housing for Crickhowell have been put forward in representations. Where a site is allocated in an adopted development plan, as is the case here, it is not considered that the presence or otherwise of alternative development sites should be accorded significant weight in decision making. This is a matter that is more

Page 65 Page 55 of 61 appropriately considered during the preparation of a development plan.

CONCLUSION The proposal is to develop housing on a site allocated for this purpose in the adopted development plan. The proposal has adequately mitigated the impact that the proposal will have on the character and appearance of the area; the Brecon Conservation Area; the amenities of nearby residents; and the surrounding highways. The proposal will have an acceptable impact on the local environment.

Subject to appropriate planning conditions and an agreement under section 106 of the Town and Country Planning Act 1990 (as amended) to secure: affordable housing, it is recommended that the application should be permitted.

The proposal is in accordance with policies SP1, 1, SP3, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 19, 21, 22, SP4, SP11, SP10, B LP1, B LP2, SP5, 24, SP6, 28, SP15, 53, SP16, 56, 58, SP17, 59, 60, SP18, and 61 of the adopted Brecon Beacons National Park Local Development Plan 2007- 2022 (2013).

RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. SITE LOCATION PLAN; EXISTING AND PROPOSED LEVELS (REV A); LANDSCAPE AND EXTERNAL WORKS (REV A); SITE DIMENSIONS (REV A); SITE DRAINAGE (REV A); SITE ENCLOSURES (REV B); SITE LAYOUT (REV A); PLOTS 1 & 2 - PLANS (DRG No.1); PLOTS 1 & 2 - ELEVATIONS (DRG No. 2); PLOTS 3-5 & 6-8 - PLANS (DRG No. 3) (REV A); PLOTS 3-5 & 6-8 - ELEVATIONS (DRG No. 4) (REV A); PLOTS 9 & 10 - PLANS (DRG No. 5); PLOTS 9 & 10 - ELEVATIONS (DRG No. 6); PLOTS 11 & 12 - PLANS (DRG No. 7); PLOTS 11 & 12 - ELEVATIONS (DRG No. 8)), unless otherwise agreed in writing by the Local Planning Authority. 3 Notwithstanding the approved plans as listed in condition 2 above and the submitted schedule of materials and finishes, no development shall take place until details and where requested samples of materials to be used externally on walls and roofs of all proposed structures (including means of enclosures) and on all, hard surfaces, including roads, paths and parking spaces have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 4 No surface water and/or land drainage shall be allowed to connect directly or indirectly with the public sewerage network.

Page 66 Page 56 of 61 5 A landscaping scheme shall be submitted prior to any works commencing, giving details of number and size of tree species being planted, how the tree pits will be constructed, including details of tree watering systems within the tree pits, and a 5 year timetable of maintenance for the trees. 6 6. Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority: i. A preliminary risk assessment which has identified: o all previous uses; o potential contaminants associated with those uses; o a conceptual model of the site indicating sources, pathways and receptors; o potentially unacceptable risks arising from contamination at the site. ii. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site; iii. The site investigation results and the detailed risk assessment and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken; iv A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. 7 Prior to commencement of development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the Local Planning Authority. 8 Reports on monitoring, maintenance and any contingency action carried out in accordance with a long-term monitoring and maintenance plan shall be submitted to the Local Planning Authority as set out in that plan. On completion of the monitoring programme a final report demonstrating that all long- term site remediation criteria have been met and documenting the decision to cease monitoring shall be submitted to and approved in writing by the Local Planning Authority. 9 If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained, written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with. 10 No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant

Page 67 Page 57 of 61 unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details. 11 Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. 12 Prior to any works being commenced on the development site, engineering drawings detailing cross sections through the passing bay and the associated highway realignment works along the U0754 county highway shall be submitted to and approved in writing by the Local Planning Authority. The realignment works shall be constructed to adoptable standards prior to occupation of any dwelling hereby permitted. 13 No development shall commence until provision is made within the curtilage of the site for the parking of all construction vehicles together with a vehicle turning area. The parking and turning area shall be constructed to a depth of 0.35metres in crusher run or sub-base and maintained free from obstruction at all times such that all vehicles serving the site shall park within the site and both enter and leave the site in a forward gear for the duration of the construction of the development. 14 Before any other development is commenced the area of the access to be used by vehicles is to be constructed to a minimum of 410mm depth, comprising a minimum of 250mm of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 11 metres from the edge of the adjoining carriageway. Any use of alternative materials is to be agreed in writing by the Local Planning Authority prior to the access being constructed. 15 The width of the access carriageway shall be not less than 5 metres for a minimum distance of 11 metres along the access measured from the adjoining edge of carriageway of the county highway and shall be maintained at this width for as long as the development remains in existence. 16 Prior to the occupation of the any dwelling, provision shall be made within the curtilage of the site for the parking of not less than 27 cars as detailed on the approved "Landscape & External Works" drawing, together with a turning space such that all vehicles serving the site may both enter and leave the site in a forward gear. The parking and turning areas shall be retained for their designated use for as long as the development hereby permitted remains in existence. 17 Prior to the occupation of any dwelling the area of the access to be used by vehicles is to be finished in a 40mm bituminous surface course for a distance of 11 metres from the edge of the adjoining carriageway. This area will be maintained to this standard for as long as the development remains in existence. 18 Any vehicular entrance gates installed within the application site shall be set back at least 11 metres distant from the edge of the adjoining carriageway and shall be constructed so as to be incapable of opening towards the highway and shall be retained in this position and form of construction for as long as the dwelling/development hereby permitted remains in existence. 19 No storm water drainage from the site shall be allowed to discharge onto the county highway. 20 No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work. This will

Page 68 Page 58 of 61 comprise: i) The developer will ensure that a suitably qualified archaeological contractor is employed to carry out an Archaeological Evaluation. The archaeological evaluation will be carried out in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority and must meet the standards laid down by the Institute for Archaeologists in their Standard and Guidance for archaeological field evaluation. A copy of the Evaluation report shall be submitted to the Local Planning Authority for approval. Following approval, the report will inform further works necessary. The approved report will be submitted to the National Park Archaeologist and the local Welsh Archaeological Trust for inclusion in the Regional Historic Environment Record (HER). ii) Following on from the evaluation, any safeguarding measures required to ensure preservation in situ of important archaeological remains and/or further archaeological investigation, recording and reporting shall be implemented. These works will be undertaken in accordance with a specification which has been submitted to and approved in writing by the Local Planning Authority. 21 Construction and demolition, operations (including deliveries) shall be restricted to between the hours of 08.00 to 18.00 Monday to Friday and 08.00 to 13.00 on Saturday. There shall be no operation on Sunday or public holidays, except as agreed in writing with the Local Planning Authority. 22 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking, amending and re-enacting that Order) no development of the types described in Part 1 Classes A, B, C, D, E, F, G, H; Part 2 Classes A, B of Schedule 2, other than that hereby permitted shall be carried out without the written permission of the Local Planning Authority. 23 Before the use hereby permitted commences, details of the siting and form of bins for the disposal of refuse and litter to be provided on the site as shown on drawing "Site Enclosures Rev B" shall be submitted to and approved in writing by the Local Planning Authority and thereafter so retained unless further written approval from the Local Planning Authority for an alternative scheme is gained.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 To ensure that the development will preserve or enhance the Brecon Conservation Area, in accordance with Policies 1 and 19 of the LDP. 4 To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment. 5 To ensure that the details of the proposed landscaping is acceptable and will allow for effective establishment. In accordance with Policies 1 and 8 of the LDP. 6 To ensure that risks from land contamination to the future users of the land and

Page 69 Page 59 of 61 neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. Controlled waters at this site are environmentally sensitive and contamination is known/strongly suspected at the site due to historic use of the site. 7 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. To demonstrate that the remediation criteria relating to controlled waters have been met, and (if necessary) to secure longer-term monitoring of groundwater quality. This will ensure that there are no longer remaining unacceptable risks to controlled waters following remediation of the site. 8 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. To ensure that longer term remediation criteria relating to controlled waters have been met. This will ensure that there are no remaining unacceptable risks to controlled waters following remediation of the site. 9 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. Given the size/complexity of the site it is considered possible that there may be unidentified areas of contamination at the site that could pose a risk to controlled waters if they are not remediated. 10 There is an increased potential for pollution of controlled waters from inappropriately located infiltration systems such as soakaways, unsealed porous pavement systems or infiltration basins. 11 There is an increased potential for pollution of controlled waters from inappropriate methods of piling. 12 In the interests of highway safety and the freeflow of traffic on the public highway in accordance with Policy 59 of the LDP. 13 In the interests of highway safety and the freeflow of traffic on the public highway in accordance with Policy 59 of the LDP. 14 In the interests of highway safety and the freeflow of traffic on the public highway in accordance with Policy 59 of the LDP. 15 In the interests of highway safety and the freeflow of traffic on the public highway in accordance with Policy 59 of the LDP. 16 In the interests of highway safety and the freeflow of traffic on the public highway in accordance with Policy 59 of the LDP. 17 In the interests of highway safety and the freeflow of traffic on the public highway in accordance with Policy 59 of the LDP. 18 In the interests of highway safety and the freeflow of traffic on the public highway in accordance with Policy 59 of the LDP.

Page 70 Page 60 of 61 19 In the interests of highway safety and the freeflow of traffic on the public highway in accordance with Policy 59 of the LDP. 20 To ensure appropriate assessment of the archaeological implications of the development and the subsequent mitigation through preservation in situ or by record. 21 In the interests of residential amenity. 22 To ensure that the development is appropriate to its context within the conservation area in accordance with Policies 1 and 19 of the LDP and to ensure protection of residential amenity. 23 To preserve the residential and visual amenities of the locality, having regard to Policy 1 of the Local Development Plan.

Informative Notes:

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APPLICATIONS DELEGATED TO THE NATIONAL PARK OFFICERS

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

17/15356/FUL N: 214896 Mr & Mrs L and R Cooke for Erection Permit 21 June 2018 Delegated E: 324702 of dwelling (Full Application) at Norcott subject to Decision Common Road, Gilwern NP7 0DR Section 106 Agreement

17/15384/LBC N: 221703 John Chadwick for Alterations to the Permit 7 June 2018 Delegated E: 317004 snug room supporting lintels, open up Decision old door opening to form new window into the snug room on the west elevation. (Listed Building Consent) at Middle Gaer, Cwm-du, Crickhowell Powys NP8 1SB

18/15651/FUL N: 220346 Mr Christopher Leader for New Permit 27 April 2018 Delegated E: 298265 borehole and water storage facility with Decision associated filtration equipment. (Full Application) at Storey Arms , Libanus, Brecon LD3 8NL

18/15668/DISC N: 215267 Ms Christine Bond for Discharge of Split 27 April 2018 Delegated ON E: 284038 Conditions 3 (samples of materials) and Decision Decision 4 (photographic survey) pursuant to Discharge Planning Permission 14/10576/FUL for Conditions change of use of part of residential dwelling to cafe with single storey extension and two storey extension to dwelling. (Approval of details reserved by condition) at Coach House, Penycae, Swansea Powys SA9 1GJ

18/15714/LBC N: 228712 Miss Tracey Slade for Replacement of Permit 30 April 2018 Delegated E: 304470 existing windows x 3 to front elevation Decision (one over one sash windows) with box sash (two over two sash windows) including 'slimlite' slim profile double glazing provided by Colin Lewis joinery, Talgarth (Listed Building Consent) at The Cottage, 2 George Street, Brecon Powys LD3 7LD

18/15721/FUL N: 226028 Mr & Mrs N & J Gervis for Proposed Permit 22 June 2018 Delegated E: 312413 alterations to existing windows on front Decision elevation, including removal of stonework to wall-plate level. On rear elevation insert one new roof light and reinstate one roof light at second floor level; modify existing window openings; replace windows with timber casements. Block up one window on rear elevation. Raise ceilings on second floor. Take

Page 1 of 18 Page 73 down brick chimneys and rebuild in stone. Re-roof main roof of house, incorporating insulation. (Full Application) at Tymawr , Pen-North, Brecon LD3 7PJ

18/15722/LBC N: 226028 Mr & Mrs N & J Gervis for Proposed Permit 21 June 2018 Delegated E: 312413 alterations to existing windows on front Decision elevation, including removal of stonework to wall-plate level. On rear elevation insert one new roof light and reinstate one roof light at second floor level; modify existing window openings; replace windows with timber casements. Block up one window on rear elevation. Raise ceilings on second floor. Take down brick chimneys and rebuild in stone. Re-roof main roof of house, incorporating insulation. (Listed Building Consent) at Tymawr , Pen-North, Brecon LD3 7PJ

18/15744/FUL N: 217927 Mr Andrew Bramall for The Installation Permit 12 June 2018 Delegated E: 298854 of a 20m lattice mast, 2 no. antennas, 2 Decision no. dishes, 1 no. 1.2m satellite dish, 3 no. cabinets, a meter cabinet and a generator within a secure compound, a forestry barrier and development ancillary thereto. Installation of a 25m extension to existing access track. (Full Application) at Land East Of The A4059 Brecon, Powys LD3 8NL

18/15777/FUL N: 222950 Mr & Mrs T Hancock for Replacement Refuse 11 June 2018 Delegated E: 323031 dwelling (Full Application) at Ty-phillip, Decision Llanbedr, Crickhowell Powys NP8 1SY Reason/s for refusal: It is considered that the proposed development does not constitute a replacement dwelling and is therefore considered to be the erection of a new dwelling in open countryside and would be contrary to the provisions of Policy 26 and Policy CYD LP1 of the Local Development Plan. As the site is located in the open countryside, and no special exception has been provided it is considered that the proposed development does not comply with the provisions of policy 45 of the Local Development Plan which requires proposals for new build holiday accommodation to be located within the defined boundaries of defined settlements. The proposed dwelling would conflict with the national planning guidance, as set out in Chapter 4 of Planning Policy Wales - Planning for Sustainability - which strictly controls new housing in the open countryside without special justification; and which states that the countryside should be protected for its own sake. There is no evidence of any special justification in this case to permit residential development in the countryside. It is considered that the development would urbanize and detract from the rural and open character and appearance of the landscape and therefore does not comply with Policy CYD LP1 and Policy 1 of the Local Development Plan (2013). The U0473 county highway which provides direct access to the site, is considered severely substandard due to the extremely poor alignment and limited carriageway widths available and the proposed development would generate significant levels of additional traffic along the route. It is therefore considered that suitable access cannot be provided to the proposed development. The proposed development would therefore not comply with the requirements of policy 59 of the Local Development Plan. Insufficient water supply and foul drainage details have been submitted to accompany the application to ensure that it would confirm with policies 56 and 57 of the Local Development Plan.

Page 2 of 18 Page 74

18/15814/FUL N: 217426 Mr & Mrs Cartwright for Renovation of Refuse 14 May 2018 Delegated E: 320848 and extension to outbuilding to provide Decision annex (Full Application) at Pen-Y-Pentre Llangattock, Crickhowell NP8 1LD Reason/s for Refusal: Insufficient information has been submitted in order to assess the ecological implications of the development and to secure appropriate mitigation, in accordance with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the Brecon Beacons National Park. The proposed development, by virtue of the design and materials proposed, is considered to detract from the age and character of the structure and would have a detrimental impact on the setting of the listed building, contrary to the provisions of policies 15 and 17 of the adopted Local Development Plan for the Brecon Beacons National Park.

18/15815/LBC N: 217426 Mr & Mrs Cartwright for Renovation of Refuse 9 May 2018 Delegated E: 320848 and extension to outbuilding. (Listed Decision Building Consent) at Pen-Y-Pentre , Llangattock, Crickhowell NP8 1LD Reason/s for Refusal: The proposed development, by virtue of the design and materials proposed, is considered to detract from the age and character of the structure and would have a detrimental impact on the setting of the listed building, contrary to the provisions of policies 15 and 17 of the adopted Local Development Plan for the Brecon Beacons National Park. Insufficient information has been submitted in order to assess the ecological implications of the development and to secure appropriate mitigation, in accordance with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the Brecon Beacons National Park.

18/15817/FUL N: 205296 Mrs J Jones for Planning application for Withdraw 11 May 2018 Delegated E: 331472 alterations to the elevation addressing Decision Park-Y-Brain Lane (Full Application) at High House , Park Y Brain Lane, Goytre NP4 8SJ

18/15820/CON N: 220408 Ms Judith Tuthill for Modification of Permit 8 June 2018 Delegated E: 327144 S106 associated with application M18699 Decision (erection of agricultural workers dwelling) (Variation/Renewal of Conditions) at Coed Farm, Fforest Coalpit, Abergavenny Monmouthshire NP7 7LW

18/15822/CON N: 216247 Mr Alfie Launchbury for To vary Permit 9 May 2018 Delegated E: 265107 condition 2 and 3 of application Decision 12/08391/FUL - external finishes, layout of windows, provision of external chimney breast, increase height and boundary treatments (Variation/Renewal of Conditions) at Plot 2, Llandyfan, Rhydaman Sir Gar SA18 2UD

18/15839/DISC N: 218662 Chris And Donna Jones for Discharge Permit 9 May 2018 Delegated ON E: 321861 Conditions in pursuant to Planning Decision Application 17/15552/LBC - The installation of a boiler flue and two extractor fans, replacement of windows to the rear of the property and repairs to roof of the existing kitchen extension.

Page 3 of 18 Page 75 (Approval of details reserved bycondition) at 5 Llanbedr Road, Crickhowell, Powys NP8 1BT

18/15844/FUL N: 213887 Mrs Derrick for Planning application for Withdraw 27 April 2018 Delegated E: 326587 change of use of Public House (A3) into Decision a dwelling (C3) (Full Application) at The Lion Inn And Old Stable Restaurant , Merthyr Road, Govilon NP7 9PT

18/15847/FUL N: 233597 Ms K Holmes for The change of use Permit 8 June 2018 Delegated E: 315515 from A3 food and drink to C3 Single Decision three bedroom residential dwelling. (Full Application) at Tabernacle , Regent Street, Talgarth Brecon Powys LD3 0DB

18/15864/FUL N: 229354 Mr & Mrs Roger & Hilary Stephens for Refuse 1 May 2018 Delegated E: 304788 Single-storey extension (Full Application) Decision at Lynhaven , 55 Beech Grove, Brecon LD3 9ET Reason/s for refusal: The development proposed would have unacceptable impact upon the character and appearance of the host dwelling and would cause an overbearing impact upon neighbouring properties. As such, the proposal is contrary to policies to 1 and 27 of the Local Development Plan (2013).

18/15865/FUL N: 219714 Mr & Mrs Karl & Martine Wills for Permit 27 April 2018 Delegated E: 316566 Erection of an agricultural greenhouse at Decision Brook Cottage (Full Application) at Brook Cottage , Cyffredyn Lane, Llangynidr Crickhowell NP8 1LR

18/15866/FUL N: 242034 Mr Gordon Bingham for Demolition of Permit 30 April 2018 Delegated E: 322345 sub-standard flat roofed extension Decision construction of extension on top of existing single storey extension. Construction of single storey, lean-to extension. (Full Application) at 28 Gipsy Castle, Hay-On-Wye, Hereford Powys HR3 5EG

18/15868/FUL N: 228526 Mr Lloyd for Construction of a rear Permit 2 May 2018 Delegated E: 303663 single storey extension and enlargement Decision of the front porch incorporating alterations to the external finish and windows (Full Application) at Ty Gwaun , Newton Green, Llan-Faes Brecon LD3 8BG

18/15870/FUL N: 213265 Mr George Pickering for Conversion of Permit 2 May 2018 Delegated E: 323028 basement and construction of Decision conservatory to rear of property (ancillary accommodation) (Full Application) at Lleuad Newydd, Station Road, Clydach Monmouthshire NP7 0LY

Page 4 of 18 Page 76 18/15873/FUL N: 209050 Mr & Mrs D Powell for Erection of 5 Withdraw 9 May 2018 E: 294491 glamping pods, 5 caravan pitches, toilet block and temporary dwelling/office, formation of access track, camping area, communal area, installation of a package treatment plants, and associated works. (Full Application) at Caer Glas Field, Land Adj To A4059, Penderyn CF44 9JS

18/15874/FUL N: 224786 Mr J BARKER for Replacement roof to Permit 4 May 2018 Delegated E: 288926 existing rear conservatory (Full Decision Application) at Llwynneuadd , Cray, Brecon LD3 8YT

18/15876/FUL N: 204525 Miss Debbie Lawrenson for Single Permit 2 May 2018 Delegated E: 331136 storey extension of living space to Decision bungalow. (Full Application) at Vedw Farm, Mamhilad, Goytre Pontypool Monmouthshire NP4 8RQ

18/15884/FUL N: 233722 Mrs Preen for Conversion of storage Refuse 15 May 2018 Delegated E: 315548 barn to dwelling (Full Application) at Decision Old Upper Lion , The Bank, Talgarth LD3 0BN Reason/s for Refusal: The proposed parking arrangements are not appropriate and are likely to result in the displacement of an existing area of on street parking. On street parking is currently a problem in this locality and this proposal would further exacerbate this. Insufficient information has also not been provided to show that the parking that is proposed would be acceptably accessed. The proposal is therefore contrary to Policy 59 of the Brecon Beacons National Park Authority Local Development Plan 2007 - 2022 (December 2013). The site is located in an area of known archaeological sensitivity and archaeological remains are likely to survive within the development site. Insufficient information has been submitted to assess the impact of the development on archaeology. Without additional information the proposal is contrary to Planning Policy Wales (Edition 9: 2016) and Technical Advice Note 24: The Historic Environment (May 2017). No mechanism is available to provide a contribution to affordable housing as required by Policy 28 of the Brecon Beacons National Park Authority Local Development Plan 2007 - 2022 (December 2013).

18/15886/FUL N: 216628 Mr Keith Williams for Proposed porch Permit 4 May 2018 Delegated E: 324096 extension to the front of the property Decision (Full Application) at Sharuhen , Llangenny Road, Glangrwyney Crickhowell NP8 1ET

18/15895/FUL N: 212002 Mr David Kemeys for Erect traditional Permit 17 May 2018 Delegated E: 292208 agricultural building for machinery Decision storage and workshop (Full Application) at Nant Yr Carad, Ystradfellte, Aberdare CF44 9JF

18/15897/CL N: 221996 Meurig Evans - Survey Specialist for Re- Permit 27 April 2018 Delegated E: 263644 position 11kv overhead line away from Decision trees (Clearance) at Coed Tregib Woodland, Llandeilo, Carmarthenshire

18/15898/FUL N: 213877 Mr L Carver for Single story side Permit 9 May 2018 Delegated E: 323894 extension to detached 3 bed house. . Decision

Page 5 of 18 Page 77 (Full Application) at Cartref , Station Road, Gilwern NP7 0HN

18/15901/DISC N: 234062 Miss Clare Preece for Discharge Permit 2 May 2018 Delegated ON E: 315700 Conditions 4 in pursuant to planning Decision permission 17/15075/FUL - Construction of two storey extension (Approval of details reserved bycondition) at 27 Woodlands Avenue, Talgarth, Brecon Powys LD3 0AU

18/15902/DISC N: 221706 Mrs Emma Bowman for Discharge Permit 3 May 2018 Delegated ON E: 331515 Conditions - 3. Biodiversity Decision enhancement scheme. 4. Landscaping plan, 5. Lighting plan, 6. Arboricultural method statement, in pursuant to planning application 17/14906/FUL - Reinstatement of building to provide annex (ancillary) living accommodation for barn. (Approval of details reserved bycondition) at Strawberry Wood Barn , Tre-Fedw Road, Crucorney NP7 7NY

18/15903/DISC N: 242307 Mrs Nancy Lavin Albert for Discharge Permit 10 May 2018 Delegated ON E: 322900 Conditions 3, 6, 9, 12, 14 and 15 in Decision pursuant planning permission 17/15115/CON - Restoration and change of use of Hay Castle, the Manor House and the outbuildings to create a public venue for education and the arts as well as an event space, a cafe, ancillary office space and retention of existing retail units (Approval of details reserved bycondition) at Hay Castle, Hay-On- Wye, Hereford Powys

18/15904/DISC N: 242307 Mrs Nancy Lavin Albert for Discharge Permit 10 May 2018 Delegated ON E: 322900 Conditions 3, 4, 7 and 10 in pursuant Decision planning application 16/13843/LBC - Restoration and change of use of Hay Castle, the Manor House and the outbuildings to create a public venue for education and the arts as well as an event space, a cafe, ancillary office space and retention of existing retail units (Approval of details reserved bycondition) at Hay Castle, Hay-On- Wye, Hereford Powys

18/15906/TRCA N: 228967 Mr Shaun O'Boyle for Two overgrown Permit 30 April 2018 Delegated E: 304572 ash trees on the top tier of a small Decision terraced garden. We have recently bought this small terraced house. In a survey conducted by Alex Nestorow of AJN Surveying Services of Brecon it was

Page 6 of 18 Page 78 recommended that that these trees be removed as their root systems were not secure in the ground but projecting out of the topmost bank of this tiered garden. They are unsafe. They are additionally out of proportion with the small tiered garden. (Work to trees in con area) at 43 The Struet, Brecon, LD3 7LW

18/15908/FUL N: 219902 Mr Gavin Hardcastle for Install 55cm Permit 14 May 2018 Delegated E: 331466 (wide) x 78 (high) centre pivot velux Decision window into pitched slate roof above/in line with existing 1st floor bedroom window. Utilise recessed slate flashing to make installation less visible. Aim to increase natural light into first floor bedroom. Installation does not involve the loft space. (Full Application) at Station House, Old Hereford Road, Llanvihangel Crucorney Abergavenny Monmouthshire NP7 8DA

18/15909/FUL N: 218123 Mr Dylan Roberts for Installation of Permit 14 May 2018 Delegated E: 322190 three garage doors to existing three-bay Decision car port (Full Application) at Laurel House , The Green, Crickhowell NP8 1AN

18/15918/FUL N: 239919 Mr Paul Rowlands for Construction of Withdraw 17 May 2018 E: 321302 four detached dwellings and garages, formation of new access and all associated works (Full Application) at Land At Llanigon (Bbnpa Local Plan Ref Dbr-Lgn-D) , Llanigon, Hay On Wye HR3 5QA

18/15927/DISC N: 229204 Mr And Mrs Thomas for Discharge Permit 29 May 2018 Delegated ON E: 303802 condition 3 (Biodiversity enhancement Decision scheme) pursuant to planning permission 17/15299/FUL - Partial extension of existing side single storey extension to a 2 storey extension. (Approval of details reserved bycondition) at 47 Cradoc Road, Brecon, Powys LD3 9LH

18/15922/FUL N: 223500 Mr Charles Weston for Change of use Withdraw 11 May 2018 Delegated E: 311536 of agricultural land to site for temporary Decision safari tents for holiday accommodation (3 units) and removable sanitary accommodation units, with associated septic tank installation (Full Application) at Gilestone Farm , Talybont-On-Usk, Brecon LD3 7JE

Page 7 of 18 Page 79 18/15925/FUL N: 219921 Mr James Howell for Widening of Permit 24 May 2018 Delegated E: 322632 entrance and creation of greater Decision visibility (Full Application) at Ysgubor Newydd , Great Oak Road, Crickhowell NP8 1SP

18/15930/LBC N: 228869 Mr David Neale for Change colour of Permit 17 May 2018 Delegated E: 304491 exterior painted woodwork and render Decision and removal of interior stone pillar (Listed Building Consent) at 89 The Struet, Brecon, LD3 7LS

18/15932/DISC N: 216425 Mr And Mrs Smith for Discharge Permit 21 May 2018 Delegated ON E: 320218 Conditions 3 (Biodiversity Decision Enhancement) and 4 (External Lighting) in pursuant to planning Permission 17/15489/FUL - Replacement of existing conservatory with new extension and associated works. (Approval of details reserved bycondition) at Derwen-las, Llangattock, Powys NP8 1LF

18/15933/LBC N: 242388 Irene Wilson for Remove loose stone Permit 22 May 2018 Delegated E: 322993 and cement on all walls. Replace Decision weathered masonry, window arches and sills with locally quarried stone bonded with lime-based mix. Repair or replace sash and sash look wooden window cases with same. (Listed Building Consent) at Compton House , High Town, Hay-On-Wye Hereford HR3 5AE

18/15941/TPO N: 213534 Mr Oliver Field for Works to mature Permit 22 May 2018 Delegated E: 326629 oak tree subject to TPO involving Decision removing major dead wood, reducing 3 large branches over driveway, and reducing 2 limbs over lane (Tree Preservation Order) at Mynwy, School Lane, Govilon Monmouthshire NP7 9RH

18/15945/DISC N: 222136 Mrs Linda Isaac for Discharge of Permit 8 June 2018 Delegated ON E: 314915 Condition 22 (remediation) pursuant to Decision Planning Application 13/10065/FUL (Approval of details reserved bycondition) at Trevanion, Bwlch, Brecon Powys LD3 7HZ

18/15947/CAC N: 217978 Mr And Mrs Kerr for Demolish Permit 10 May 2018 Delegated E: 320977 outbuilding (large steel framed structure Decision with timber boarding) - due to poor structural condition and the health hazard of the asbestos surfacing to roof. (Conservation Area Consent) at

Page 8 of 18 Page 80 Llangattock Court, Llangattock, Crickhowell Powys NP8 1PH

18/15948/FUL N: 241877 Mr Geoff Maynard for Semi detached Permit 4 June 2018 Delegated E: 322379 property - to create off-road parking by Decision digging up front garden and hedgerow and laying a gravel driveway. To drop part kerb to create entrance. (Full Application) at 3 Oakland Villas , Brecon Road, Hay-On-Wye Hereford HR3 5PH

18/15953/FUL N: 220218 Mr Howard Marlow for Proposed Permit 24 May 2018 Delegated E: 315165 replacement single-storey extension to Decision annex (Full Application) at Walnut Tree Stores , Coed-Yr-Ynys Road, Llangynidr Crickhowell NP8 1NA

18/15957/CON N: 218528 Mr David John James for Variation of Permit 24 May 2018 Delegated E: 321783 Condition 13 - Opening hours for the Decision new retail units to be extended 7am until 10pm Monday to Sunday, pursuant to planning application 17/15404/FUL - Proposed conversion of the former conservative club, Crickhowell to 4 commercial units including parking spaces (Variation/Renewal of Conditions) at Conservative Club, High Street, Crickhowell Powys NP8 1BW

18/15961/CPL N: 207655 Mr Burke for single storey rear Permit 27 April 2018 Delegated E: 295005 extension under permitted Decision development. see attached plans and elevations. (Certificate Proposed Lawful Use/Dev) at Y Dderwen , Pontpren, Penderyn Hirwaun CF44 9UX

18/15964/CON N: 222382 Mrs Gail Kinvig for Variation of Permit 1 June 2018 Delegated E: 311728 Condition 2 to vary plan details pursuant Decision to Planning Application 18/15702/LBC Condition Number(s): Condition 2 Conditions(s) Removal: Please see attached detail. Please see attached detail (Variation/Renewal of Conditions) at Glynderi , Talybont-On-Usk, Brecon LD3 7YP

18/15968/DISC N: 223137 Mr & Mrs Paterson for Discharge of Permit 1 June 2018 Delegated ON E: 328189 condition 10 pursuant to planning Decision permission 17/14747/FUL - relating to Archaeological report (Approval of details reserved bycondition) at Pen Coed Barn, Patrishow, Abergavenny Powys

Page 9 of 18 Page 81 18/15969/FUL N: 231095 Mr & Mrs Keith Davis for Proposed Permit 25 May 2018 Delegated E: 315024 conversion of outbuilding to living Decision accommodation, and rebuilding of dog kennel section (Full Application) at Llanerch , Trefecca, Brecon LD3 0PR

18/15971/FUL N: 218045 Mr Andrew Hinksman for Removal of Permit 18 June 2018 Delegated E: 324458 existing brick chimney to prevent water Decision ingress to property, make good roof with new felt and battens, and retile in existing concrete tiles. (Full Application) at Brynteg , Llangenny, Crickhowell NP8 1HE

18/15972/CPE N: 227798 Mr & Mrs K & C Murphy for The siting Permit 29 May 2018 Delegated E: 328847 and use of an existing structure/s as a Decision Residential Dwelling (C3). (Certificate Existing Lawful Use/Dev) at The Caravan At Court Farm, Church Road, Llanthony NP7 7NN

18/15973/MINO N: 214716 Mr Keith Roden for Minor amendment Permit 2 May 2018 Delegated R E: 325001 to 17/15561/FUL - change of all Decision windows to the inclusion of pillars between windows (Non-Material Changes (Minor Amendments)) at St Anton, 4 Broadmead, Gilwern Monmouthshire NP7 0AN

18/15981/TRCA N: 228395 Mr Douglas Jones for T1 sycamore to Permit 17 May 2018 Delegated E: 304733 be dismantled and felled. T2 Hawthorn Decision tree to be crown reduced by 1/2. T3 Willow tree prune back branches overhanging garden area to the height of the BT wire (Work to trees in con area) at 4 Little Free Street, Brecon, Powys LD3 7BG

18/15984/LBC N: 228468 Mr James Maughan for Refurbishment Permit 22 June 2018 Delegated E: 304615 and conversion of Grade 2 listed Decision building into new art gallery and retail space on ground and basement level and commercial/office units on upper first and second floors. (Listed Building Consent) at 1 Bulwark, Brecon, LD3 7LB

18/15985/FUL N: 212224 Mr And Mrs Bayliss for Second storey Refuse 4 June 2018 Delegated E: 322617 extension to add additional bedroom Decision and en-suite (Full Application) at Field House, Rhiwr Road, Waunllapria Llanelly Hill Monmouthshire NP7 0PN

Reason/s for refusal:

Page 10 of 18 Page 82 The proposed development is not in keeping with the properties in the immediate area and would have a detrimental effect on the surrounding area. The proposed development does not conform to Policy 1 and Policy 27 of the Brecon Beacons National Park Authority Local Development Plan (2013).

18/15989/FUL N: 218295 Mr Tom White And Ms Elaine Wigzell Permit 29 May 2018 Delegated E: 319820 for Refurbishment and improvement of Decision existing dwelling incorporating existing seperate residential barn as a part of the main dwelling with provision of new link/porch, and associated works to connect existing buildings. (Full Application) at Berllan, Ffawyddog, Crickhowell Powys NP8 1PY

18/15987/FUL N: 226062 Mr D Williams for Change of material Permit 4 June 2018 Delegated E: 318441 for window construction from painted Decision hardwood to white PVC-u. Format of windows to remain as approved (Full Application) at Former Bryn Garage, Cwm-du, Crickhowell

18/15991/FUL N: 218774 Mr David Jones for Retrospective Permit 4 June 2018 Delegated E: 321810 application for the approval of Decision completed works that deviated from an approved plan and for minor modifications to said approved plan. To provide extensive rennovation to an uninhabitated, dilapitaded property of 2 units to a single family home. (Full Application) at St Davids House , Rectory Road, Crickhowell NP8 1DW

18/15992/LBC N: 218774 Mr David Jones for Retrospective Permit 4 June 2018 Delegated E: 321810 application for the approval of Decision completed works that deviated from an approved plan and for minor modifications to said approved plan. (Listed Building Consent) at St Davids House , Rectory Road, Crickhowell NP8 1DW

18/15998/MINO N: 217957 for Minor Amendment - Re-locate main Permit 3 May 2018 Delegated R E: 321545 entrance door to front elevation Decision together with a connecting path to the pavement running outside the property. Re-design of side elevation (South East) as a result of moving the main entrance door in pursuant to planning application 13/10293/FUL - Demolition of the existing single storey outbuildings and the construction of 2 new extensions to the existing property. Sealing off and relocating the existing vehicular access together with the construction of a new garage. (This is an amendment to a

Page 11 of 18 Page 83 former proposal which was granted planning permission dated 4th Dec 2012 ref: 12/08571/FUL) (Non-Material Changes (Minor Amendments)) at Ty Coed Afalau, Llangattock, Crickhowell Powys NP8 1HL

18/16002/FUL N: 212292 Mr Steve Eynon for Removal of Permit 8 June 2018 Delegated E: 321894 outbuilding and existing stone boundary Decision wall to create new on site parking for Rock Cottage, allowing movement of traffic from the property in a forward motion. (Full Application) at Rock Cottage, Darenfelen, Llanelly Hill Monmouthshire NP7 0NR

18/16003/FUL N: 219892 Ms Louise Milne for Remove single Permit 6 June 2018 Delegated E: 315270 storey extensions and replace flat roof Decision over garage, lobby and porch with pitched roof (Full Application) at 1 Bryn Celyn Way, Llangynidr, Crickhowell NP8 1LY

18/16010/FUL N: 215253 Mr B J Seabourne for Retrospective Permit 18 June 2018 Delegated E: 324727 application for new 1.8m high timber Decision fence (Full Application) at 9 Fairhome, Gilwern, Monmouthshire NP7 0BA

18/16011/CPL N: 223395 Mr Mac McHugh for The use of the site Permit 27 April 2018 Delegated E: 292720 as a residential care home to provide Decision living accommodation and care to children (Class C2). (Certificate Proposed Lawful Use/Dev) at Birchgrove , Senni, Brecon LD3 8SU

18/16012/DISC N: 219563 c/o Agent for Discharge of conditions 8, Split 4 June 2018 Delegated ON E: 315561 12, 15 and 18 pursuant to planning Decision Decision permission P21311 (Approval of details Discharge reserved by condition) at Clos Castell, Conditions Llangynidr, Crickhowell Powys NP8 1NZ

18/16016/FUL N: 214824 Mr And Mrs Phillis for Provision of a Permit 4 June 2018 Delegated E: 327504 permanent structure providing shelter Decision for sheep and one pony (Full Application) at Parcel Of Land At Llanwenarth Citra, Abergavenny, Monmouthshire NP7 7EP

18/16013/DISC N: 219563 c/o Agent for Discharge of conditions Split 5 June 2018 Delegated ON E: 315561 11, 19, 22, 23 and 24 pursuant to Decision Decision planning permission 13/09787/OUT Discharge (Approval of details reserved Conditions bycondition) at Clos Castell, Llangynidr, Crickhowell Powys NP8 1NZ

Page 12 of 18 Page 84

18/16014/MINO N: 219528 c/o Agent for Removal of conditions 13 Permit 10 May 2018 Delegated R E: 315569 and 14 of planning permisison Decision 13/09787/OUT (Non-Material Changes (Minor Amendments)) at Clos Castell, Llangynidr, Crickhowell Powys

18/16017/TRCA N: 228882 Powys County Council for To fell and Permit 25 May 2018 Delegated E: 304159 remove from site decayed lime tree in Decision front of 5 Avenue (Work to trees in con area) at The Avenue, Brecon, Powys LD3 9BN

18/16019/FUL N: 229733 Mrs Helen Jane Powell for Porch on the Permit 13 June 2018 Delegated E: 304438 front of the property (Full Application) Decision at 73 Pontwilym, Brecon, Powys LD3 9BS

18/16021/FUL N: 214744 Mr Ieuan Williams for This application is Permit 8 June 2018 Delegated E: 293310 to replace the existing ford at the River Decision Llia and replace with a single span bridge. The ford has fallen into disrepair and it is not feasible to replace this structure, however as part of the bridge construction it is planned to also remove the ford. (Full Application) at Blaen-Llia , Nr. Ystradfellte,

18/16022/FUL N: 205850 Mr Kinley Sullivan for Semi detached Withdraw 7 June 2018 E: 298131 single storey holiday accommodation (Full Application) at Ynysowen Bungalow, Croes Bychan Road, Llwydcoed Aberdare Rhondda Cynon Taff CF44 0EJ

18/16026/DISC N: 217895 Mr M Smith for Discharge Conditions 3 Permit 11 June 2018 Delegated ON E: 330193 (parking surface material), 8 Decision (biodiversity), 9 (landscaping) and 11 (archaeological programme) in pusuant to planning application 17/15405/FUL - Change of use of a former mission hall and its conversion into a 2-bed holiday let, A sample of 20mm clean stone for the drive and parking area will be posted, level 1 survey, elevations showing the position of bird and bat boxes and a landscape and management plan. (Approval of details reserved bycondition) at Pantygelli Mission Hall, Old Hereford Road, Pantygelli NP7 7HR

18/16029/FUL N: 211316 Mr KEVIN PRICE for Construction Of Permit 11 June 2018 Delegated E: 305741 New Detached Dwelling Within The Decision Curtilage Of Existing Swn Y Nant Garden (Full Application) at Land At

Page 13 of 18 Page 85 Swn-Y-Nant , Vaynor Road, Pontsticill Merthyr Tydfil CF48 2UN

18/16032/DISC N: 219512 c/o Agent for To discharge conditions 3 Permit 5 June 2018 Delegated ON E: 315493 (details of stone walling) , 4 (details of Decision fascias and soffits) and 5 (facing and roofing materials) pursuant to planning permission P21311 (plots 2-8 only). (Approval of details reserved bycondition) at Clos Castell, Llangynidr, Crickhowell NP8 1NZ

18/16033/DISC N: 219563 c/o Agent for To discharge condition 31 Permit 4 June 2018 Delegated ON E: 315561 pursuant to planning permission Decision 13/09787/OUT (Approval of details reserved bycondition) at Clos Castell, Llangynidr, Crickhowell Powys NP8 1NZ

18/16034/FUL N: 219714 Mr & Mrs Karl & Martine Wills for Permit 11 June 2018 Delegated E: 316566 Retrospective application for the Decision insertion of rooflight into rear pitch of existing cottage roof. (Full Application) at Brook Cottage , Cyffredyn Lane, Llangynidr Crickhowell NP8 1LR

18/16035/FUL N: 211476 Mr Neil McCarthy for Extension to Permit 18 June 2018 Delegated E: 305775 dwelling and construction of garage. (Full Decision Application) at The Pines , Pontsticill, Merthyr Tydfil CF48 2UN

18/16036/FUL N: 228154 Mr And Mrs Jones for Ground floor Permit 11 June 2018 Delegated E: 303501 extension to the rear of the existing Decision house - replacing the existing (Full Application) at 22 St David's Crescent, Ffrwdgrech Road, Brecon Powys LD3 8DP

18/16042/DISC N: 233910 Mrs Helen Colbert for Discharge Permit 4 June 2018 Delegated ON E: 315413 conditions 3 (materials) in pursuant to Decision planning permission 13/09552/CON - To extend the existing planning permission 08/01564/FUL that is set to expire in June of this year for a ground floor extension. (Approval of details reserved bycondition) at 2 Castle Terrace, Bronllys Road, Talgarth Brecon Powys LD3 0AA

18/16046/DISC N: 236368 Mr Peter Williams for Discharge Permit 4 June 2018 Delegated ON E: 318737 Condition 6 pursuant to planning Decision permission 17/15189/FUL - Construction of a two storey extension

Page 14 of 18 Page 86 on the rear of the main building, utilising the existing single storey ancillary space. (Approval of details reserved bycondition) at The Inkpots, Felindre, Brecon Powys LD3 0TB

18/16050/MINO N: 221384 Mr & Mrs Neil/Tanya Evans for First Permit 15 May 2018 Delegated R E: 310518 floor extension to the existing dwelling Decision providing a bathroom (Full Application 18/15789/FUL) at Cherry Tree Cottage. Talybont on Usk Brecon Powys LD3 7YS. (Non-Material Changes (Minor Amendments)) at Cherry Tree Cottage, Talybont-On-Usk, Brecon Powys LD3 7YS

18/16052/DISC N: 215337 Messers I., M., A., and R. Jones for Permit 5 June 2018 Delegated ON E: 322992 Discharge Condition 3 pursuant to Decision planning permission 17/15371/FUL. Bat license and related method statement (Approval of details reserved bycondition) at Tir Gunter Farm, Llanelly Church, Llanelly Monmouthshire NP7 0HG

18/16053/FUL N: 213578 Mr Keith Embrey for Renovation of old Retrospect 18 June 2018 Delegated E: 325260 railway carriage on existing site that was ive Decision once used for storage into a shepherds Application hut holiday accomodation. Permitted Change of use from agricultural land to holiday accomodation. (Full Application) at Penrose Cottage And Holiday Cottage, Twyn Allws , Govilon Monmouthshire NP7 9RT

18/16057/FUL N: 229760 Mr Declan O'Keeffe for Conversion of Permit 18 June 2018 Delegated E: 304502 garage in order to create shower room Decision and utility room. Internal thermal upgrading. (Full Application) at 66 Pontwillim Estate, Brecon, Powys LD3 9BS

18/16055/FUL N: 229013 Mr Ryan James for The proposed work Refuse 19 June 2018 Delegated E: 304626 is removal of materials down to road Decision level so I can construct a new drive way to help ease the pressure on parking in my area (Full Application) at 58 The Struet, Brecon, LD3 7LN Reason/s for refusal: The lack of adequate turning provision within the site will inevitably lead to vehicles having to either reverse into or out of the proposed parking spaces onto the adjoining C0223 county highway. Such manoeuvres would be made more hazardous by the lack of access visibility afforded. Adverse affect of the Conservation Area.

18/16070/DISC N: 221740 Mr Peter Faulkner for Discharge of Split 22 June 2018 Delegated ON E: 272687 conditions 5 and 7 pursuant to planning Decision Decision

Page 15 of 18 Page 87 permission 18/15695/FUL (foul water Discharge treatment and biodiversity Conditions enhancements) (Approval of details reserved bycondition) at Glanrhyd, Gwynfe, Llangadog Sir Gar SA19 9RB

18/16077/FUL N: 208897 Mr Stephen White for Retention of a Permit 8 June 2018 Delegated E: 294630 single storey side extension, single Decision storey rear extension, uPVC cladding to original house and additional patio doors to east elevation (part retrospective). (Full Application) at Porthgwyn , Lamb Road, Penderyn Hirwaun CF44 9JU

18/16079/DISC N: 207695 Mr Neil Williams for To discharge Permit 11 June 2018 Delegated ON E: 290418 condition 3 pursuant to planning Decision permission 17/15233/FUL - biodiversity enhancement scheme (Approval of details reserved bycondition) at Maes Yr Afon , Dinas Road, Pont Nedd Fechan Neath SA11 5NH

18/16084/DISC N: 228756 Mr And Mrs Baker for Discharge of Permit 13 June 2018 Delegated ON E: 304547 Condition 3 relating to materials and Decision details pursuant to Planning Application 17/14575/FUL for single storey extension (Approval of details reserved bycondition) at 7 Mount Street, Brecon, Powys LD3 7LU

18/16085/DISC N: 222382 Mrs Gail Kinvig for Discharge of Permit 29 May 2018 Delegated ON E: 311728 Conditions 5 and 6 pursuant to Planning Decision Application 18/15702/LBC for alterations (Approval of details reserved bycondition) at Glynderi , Talybont-On- Usk, Brecon LD3 7YP

18/16112/FUL N: 220236 Llanbedr Church In Wales School for Permit 21 June 2018 Delegated E: 323974 Proposed Nursery building (Full Decision Application) at Llanbedr Church In Wales School, Llanbedr, Crickhowell Powys NP8 1SR

18/16110/FUL N: 224125 Mr Robert Watson for To erect a Permit 22 June 2018 Delegated E: 313649 simple freestanding gazebo in garden Decision (Full Application) at Trebinshun House, Llangasty, Aberhonddu Powys LD3 7PX

18/16117/MINO N: 228756 Mr & Mrs S Baker for Minor Permit 7 June 2018 Delegated R E: 304547 Amendment to Planning Application Decision 17/14575/FUL - Single-storey extension to rear (Non-Material Changes (Minor Amendments)) at 7 Mount Street, Brecon, Powys LD3 7LU

Page 16 of 18 Page 88

18/16119/MINO N: 226761 Mr Owen Davies for Minor Amendment Permit 6 June 2018 Delegated R E: 286602 to planning application 17/15387/FUL- Decision Residential Extension - Small UPVC Double Glazed window added to Porch. Substitute Double Glazed Painted Joinery doors and windows to Extension with UPVC Double Glazed units to match existing (Non-Material Changes (Minor Amendments)) at Pant Glas Bungalow , Trecastle, Brecon LD3 8UY

18/16125/MINO N: 219465 c/o Agent for Minor Amendment to Permit 1 June 2018 Delegated R E: 315377 planning application 13/09787/OUT - Decision Variation of condition 10 of consent to allow details to be submitted prior to occupation of the dwellings, rather than prior to commencement of development. (Non-Material Changes (Minor Amendments)) at Clos Castell, Llangynidr, Crickhowell NP8 1NZ

18/16126/MINO N: 229195 Mr & Mrs Cornish for Minor Permit 25 May 2018 Delegated R E: 304248 amendment (non material) to planning Decision approval 15/13000/FUL. (Non-Material Changes (Minor Amendments)) at Plot Adjacent To North Of Bryntegan , Peppercorn Lane, Brecon LD3 9EG

18/16129/DISC N: 225283 Mr DALE VAUGHAN for Discharge of Permit 18 June 2018 Delegated ON E: 268644 conditions 12 (drainage details) and 16 Decision (Tree Protection) of planning permission 17/14650/FUL (DRAWING NUMBERED BP441.13) (Approval of details reserved bycondition) at Land To Rear Old School, Bethlehem, Llandeilo Carmarthenshire SA19 6YL

18/16135/DISC N: 216601 Mr Austin for Discharge of Condition 13 Permit 14 June 2018 Delegated ON E: 330568 relating to Archaeology Level 2 Report Decision pursunat to Planning Permission 17/14500/FUL. (Approval of details reserved bycondition) at Plas Y Ffynnon , Great House Lane, Triley Llantilio Pertholey NP7 6NY

18/16137/DISC N: 227913 Miss Julia Phillips for Discharge of Permit 30 May 2018 Delegated ON E: 305432 Condition 3 for Biodiversity Decision enhancement scheme pursuant to Planning Permission 18/15783/FUL - Plan of location of bird boxes (Approval of details reserved bycondition) at Brecon Show Fields, Watton Villa, Brecon LD3 7HH

Page 17 of 18 Page 89

18/16158/MINO N: 218901 Mr & Mrs DAVID EVANS for Permit 20 June 2018 Delegated R E: 322131 Modification to the approved bat roost Decision including the use of sark boards to whole roof area in accordance with NRW requirements pursuant to Planning Permisssion 17/15320/FUL (Non-Material Changes (Minor Amendments)) at 1 Derwen Fawr, Crickhowell, NP8 1DQ

18/16204/DISC N: 226015 Mr Stephen Warrell for Discharge of Permit 21 June 2018 Delegated ON E: 299468 Condition 4 in pursuant to planning Decision permission 17/14713/FUL - The proposal is to change a vacant church into a single dwelling. (All materials will remain the same as the original with the exception of new lead and the use of transparent glass instead of translucent glass.) (Approval of details reserved by condition) at Golygfa Mynydd , Libanus, Brecon LD3 8EL

18/16243/LBC N: 222004 MM Davis And Son for Repair of walled Withdraw 14 June 2018 E: 313234 garden (Listed Building Consent) at Buckland Farm, Llansanffraed, Brecon Powys LD3 7JJ

Page 18 of 18 Page 90 AGRICULTURAL NOTIFICATIONS DELEGATED TO OFFICERS

18/15982/AGR N: 210599 Mr Huw Richards for New building to AGR 11 May 2018 Delegated E: 291200 be used for the storage of farm Planning Decision machinery, hay, straw and logs Permission (Agricultural Notification) at Required Glynmercher Uchaf Farm, Pont Nedd Fechan, Neath Powys SA11 5US

18/16051/AGR N: 206169 Mr Nigel Jones for Agricultural style, AGR 18 May 2018 Delegated E: 330936 portal framed building which will join Permitted Decision onto an existing steel framed building. Developm To be used for storing farming ent equipment and machinery. (Agricultural Notification) at Llwyn Celyn Farm, Old Abergavenny Road, Pencroesoped Llanover NP7 9EW

18/16062/AGR N: 222345 Mrs A Levinson for New steel framed, AGR 23 May 2018 Delegated E: 328645 timber clad barn for lambing and the Permitted Decision storage of animal feed (Agricultural Developm Notification) at Ty Coch Farm, Fforest ent Coalpit, Abergavenny NP7 7LT

18/16080/AGR N: 215883 Mr Steffan Davies for Road is required AGR 29 May 2018 Delegated E: 304864 the access and egress of lorries in order Permitted Decision to dispatch the felled and harvested Developm timber. (Agricultural Notification) at ent Welsh Government Woodland Estate Managed By Natural Resources Wales., Neuadd Car Park, Taf Fechan

18/16104/AGR N: 215232 Mr Kevin Jones for To allow access for AGR 20 June 2018 Delegated E: 309395 forestry machinery for the extraction of Permitted Decision processed timber to forest road. Developm (Agricultural Notification) at Dyffryn ent Crawnon, Llangynidr, Powys

18/16174/AGR N: 222605 Mr Laurence Goode for Timber shed AGR 22 June 2018 Delegated E: 266725 for safe storage of tools, tea making, Permitted Decision washing facilities (Agricultural Developm Notification) at Cynthia Wood, Off ent Gwynth Road, Ffairfach Llandeilo Carmarthenshire SA19 6YU

Page 91 This page is intentionally left blank FRINGE APPLICATIONS DELEGATED TO OFFICERS

18/16040/FRI N: 215478 Ms Kate Bingham - Development Fringe 15 May 2018 E: 329074 Management Team for Consultation Comments regarding whether full Environmental Impact Assessment required for App DM/2018/00613 for proposed residential development at Land at Chapel Farm Fields, Abergavenny (Fringe Consultation) at Land At Chapel Farm Fields, (Land North Of Pentre Road), Abergavenny Monmouthshire NP7 7BW Fringe Comments: I write in response to your consultation regarding the above application at Land at Chapel Farm Fields, Abergavenny Road, and whether the proposed residential development requires a EIA.

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, any relevant Authority shall have regard to National Park purposes when performing any functions in relation to, or so as to affect, land in a National Park. Relevant Authorities include public bodies, government departments, local authorities and statutory undertakers.

Policy Context Planning Policy Wales (PPW) acknowledges that 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.

EIA development The EIA regulations apply to all developments which fall to be considered as EIA development as defined by Regulation 2, specifically: 1. Schedule 1 development or; 2. Schedule 2 development that is likely to have significant effects on the environment by virtue of factors such as its nature, size or location and where (a) any part of that development is to be carried out in a sensitive area; or (b) any applicable threshold or criterion set out in the table at Schedule 2 is respectively exceeded or met.

Regulation 2(1) of the EIA Regulations defines "sensitive areas" as including National Parks and in accordance with 2(1)(a) above the applicable thresholds and criteria set out in Column 2 of Schedule 2 are not relevant. Within the National Park therefore, all developments that fall to be considered within Column 1 of Schedule 2 are classed as EIA development irrespective of their scale subject to assessment against criteria set out in Schedule 3.

The proposed development, which is described as a 130 unit residential scheme, is not considered to exceed the guidelines set out in schedule 2 of the Town and Country Planning (EIA) regulations 2017.

Whilst the site is clearly not within the National Park boundary it is directly sited adjacent to the boundary and could be considered a 'sensitive area' as it would meet the criteria set out in PPW, and part 2 of Schedule 3 ('the environmental sensitivity of geographical areas likely to be affected by development must be considered').

However, given in this instance, the site would be viewed from the National Park in the context of the existing settlement of Abergavenny and as a logical extension of this settlement, it is not considered that the proposed

Page 93 development would have a sufficient impact on the views out of the park to raise concern when assessed against the relevant sections of Schedule 3 of the EIA regulations.

It is accepted that the works will have a temporary landscape and visual impact, however this sis the case with any proposed development during the construction phase and as such, given the limited proposed scale of construction and repair works identified, it is not considered that this impact itself would be sufficiently significant to require an EIA.

Conclusion In summary, it is not considered likely by reason of the nature, scale and location of the development that the proposal would have a significant environmental impact sufficient to warrant an EIA from the perspective of the National Park Authority.

A copy of your screening request and this screening opinion will be made available for public inspection for two years at the Authority's Offices in accordance with the Regulations.

18/16058/FRI N: 205336 Simon Gale for The development of Fringe 25 May 2018 E: 300791 approximately 10,100m² of Class B1, B2 Comments and B8 (Industrial) uses and associated vehicle parking (with all matters reserved except access) (Fringe Consultation) at Land To The West Of Bryn Pica Waste Disposal Site, Llwydcoed, CF44 0BX

Fringe Comments: I write further to your consultation on the above planning application which is located to the south of the National Park Boundary. The National Park Authority has therefore considered this proposal as a fringe application for employment development.

The application site extends to 4.2 hectares and is located around 2.2km from the boundary of the Brecon Beacons National Park. The site is in an elevated position of approximately 306m to 316m AOD band is bordered by areas of conifer plantation and scrub woodland and the operational Bryn Pica Waste Management site.

The proposed development is for 5 industrial buildings, a smaller warehouse building, office block, education building, car parking, weighbridge and gatehouse, internal roads, attenuation lagoon and ground remodelling to create a development platform.

Legal and Policy Context

Section 63 of the Environment Act 1995 sets out the statutory purposes of the National Park as follows:- • To conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park; and • 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, any relevant Authority shall have regard to National Park purposes when performing any functions in relation to, or so as to affect, land in a National Park. Relevant Authorities include public bodies, government departments, local authorities and statutory undertakers.

Policy Context

Planning Policy Wales Planning Policy Wales (8th Edition January 2016) (PPW) acknowledges that 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

Page 94 regard to national Park Purposes applies to activities affecting these areas, whether those activities lie within or outside the designated area.

The Brecon Beacons National Park Management Plan (2010) defines the special qualities of the National Park as: • Peace and tranquillity – opportunities for quiet enjoyment, inspiration, relaxation and spiritual renewal; • Vitality and healthfulness – enjoying the Park’s fresh air, clean water, rural setting, open land and locally produced foods; • Sense of place and cultural identity – “Welshness”; • Sense of discovery; • Sweeping grandeur and outstanding natural beauty; • Contrasting patterns, colours, and textures; • Diversity of wildlife and richness of semi-natural habitats; • Rugged, remote and challenging landscapes; • Enjoyable and accessible countryside; • Intimate sense of community.

Development Plan The development plan for the area of the National Park is the Brecon Beacons National Park Local Development Plan 2007-2022 (LDP). Section 3.1.3 of the LDP sets out that whilst the National Park is a landscape designations there are instances where strict application of the boundary in making decisions is not appropriate. Cross Boundary planning applications for development being a clear point example of this. As previously set out section 62 (2) of the Environment Act (1995) places a duty on LPAs 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 Fulfils the two purposes above and assists the economic and social wellbeing of local communities.

Consideration

Introduction The comments of the BBNPA on this proposal are given below. The comments have primarily focussed on the consideration given to the impact on the National Park within the accompanying supporting Landscape and Visual Appraisal (LVA). The BBNPA have provided comments in the context that this proposal does not represent EIA development.

IMPACT ON THE BRECON BEACONS NATIONAL PARK The boundary of the Brecon Beacons National Park is around 2.2km to the north west and around 2.3km to the north. The boundary extends from the north west to the north east of the site. The pre-application supporting information contains a Landscape and Visual Appraisal (LVA). The LVA assesses the impact of the development on the Brecon Beacons National Park.

The discussion in the LVA Policy Context should consider the legal duties outlined above in respect to the National Park; in particular Section 63 of the Environment Act 1995. In respect to section 4.0 Landscape Assessment – Baseline Conditions, you may wish to refer to our Landscape and Development SPG (This includes the LCA for the NP and is on our website) for the area of the study area within the National Park.

The appropriateness of the information submitted has been considered as follows: The LVA study area; the LVA view point selection; the LVA’s evaluation of impact on the National Park; and the scope for mitigation and enhancement.

LVA Study area -The LVA includes a Zone of Theoretical Visibility (ZTV) which has helped to inform a 2.5km study area. The LVA indicates that the study area was informed by actual visibility of the adjoining existing anaerobic digestion tanks and waste warehouses and the surrounding mature tree cover upon the hillside. The LVA further notes that the study area was also selected based on the scale of the proposals, the nature of the

Page 95 development being assessed and the actual and theoretical visibility. It is not stated whether the LVA was informed by the potential for cumulative impacts with other similar development in the locality. It is noted that the methodology indicates that cumulative impacts will be taken into account in the LVA they are not identified in the report itself. The BBNPA is concerned at the potential for cumulative impacts from development on the southern fringes of the National Park boundary and it is considered that the potential for cumulative impacts should be clearly considered when defining the study area for the LVA.

The BBNPA considers that it would be beneficial if the ZTV showed the extent of the visibility of the site further into the National Park boundary as this would make the extent of the theoretical visibility clearer, the 2.5km study area only extends to a very limited area of the National Park. However, based on the assessment as a whole, including the surrounding vegetation and the nature of the development we do consider that the study area is sufficient to support conclusions on the impact of the proposal on the National Park.

LVA View point selection – Four viewpoints have been selected to illustrate the impact of the development Viewpoint 1 (Public Footpath (Bryn Pica historic landfill); Viewpoint 2 (Gelli-Uchaf Farm / RCTCBC Household Recycling Site); Viewpoint 3 (Aberdare Park); Viewpoint 4 (Cherry Drive, Aberdare).

The selection of viewpoints as described in Table 7.1 contains no viewpoints where the reason for selection is that they are representative of the potential impact of the proposal on the Brecon Beacon National Park. The National Park has many areas where there significant numbers of sensitive recreational users. Viewpoint 1 is to the North of the site in the direction of the BBNPA, it shows that existing vegetation will provide screening from the viewpoint. This viewpoint is around 100m from the site and is therefore much closer than a viewpoint within the National Park. The BBNPA would welcome a further expansion on: whether it was considered any viewpoints were available in the National Park.

LVA assessment of impact on the Brecon Beacons National Park - The LVA contains a short assessment of the impact of the proposal on the Brecon Beacons National Park, within paragraph 6.5.1 of the LVA. The assessment does not identify the Special Qualities of the National Park or comment on the potential impact on them. In our view the Special Qualities of the National Park should be identified and given specific consideration in the LVA. The BBNPA considers that a potential impact would be most likely to relate to the “sweeping grandeur and outstanding natural beauty” Special Quality of the National Park.

The LVA identifies a Neutral, Not Substantial, magnitude of landscape effect upon the setting of the National Park. The reasoning for this is that “the ZTV illustrates the potential for theoretical visibility to the small areas of the National Park that are within the study area. Considering the scale of the development, max c.11m high warehouse type industrial units, set within the expansive existing views over the wider lower lying valley areas of the region”. While the BBNPA does not dispute this conclusion, which we assume is based on field assessment; as outlined above we would consider that it would be better supported by a viewpoint photographs / photomontages and further expansion on how this conclusion was reached.

Mitigation of landscape and visual impact and landscape enhancement – The landscape mitigation proposed is limited and it is indicated that this is due to the nature of the site and the soil substrate. The BBNPA welcomes screening to the National Park from the planting of gaps in the coniferous plantations that screen the site as described in 5.1.4 of the LVA.

OTHER CONSIDERATIONS The proposal includes lighting as shown on drawing AM5584/18/13. Due to the distance to the National Park Boundary, existing development close to the site and intervening development it is not considered that lighting would have a significant impact on the Brecon Beacons National Park.

CONCLUSION The BBNPA do NOT OBJECT to this proposal. However it is our view that the Landscape and Visual Appraisal should be expanded to better consider the potential impact on the Brecon Beacons National Park and further specific consideration should be given to impacts to support the conclusions outlined in the appraisal.

We offer the above comments as the opinion of BBNPA on the basis of the information currently available in relation to your proposals. The opinion is given on a without prejudice basis under the Brecon Beacons National Park Authority pre-application process. The opinion given is not binding upon the Authority and if we are consulted on a planning application this will be subject to a separate consideration of the merits of the application, current planning policy, legislation, relevant consultation responses and other material planning considerations.

Page 96

18/16060/FRI N: 206953 Simon Gale for Change of use of Ty Fringe 15 May 2018 E: 294528 Newydd Hotel & Ty Newydd Farm to Comments an outdoor education centre (Fringe Consultation) at Ty Newydd Hotel, , Penderyn Road,, Hirwaun, Aberdare, CF44 9SX

Fringe Comments: I write in response to your consultation regarding the above application at Ty Newydd Hotel and Farm, Penderyn Road, Hirwaun, and its proposed change of use to an outdoor education centre.

The importance of National Parks is recognised in paragraph 2.6 of TAN8 and paragraph 6.4 of Annex D identified National Parks as "visual sensitive receptors" and paragraph 8.3 states, "There is an implicit objective in TAN 8 to maintain the integrity and quality of the landscape within National Parks…ie no change in landscape character from wind turbine development"

The Brecon Beacons National Park Management Plan (2010) defines the special qualities of the National Park as: o Peace and tranquillity - opportunities for quiet enjoyment, inspiration, relaxation and spiritual renewal. o Vitality and healthfulness - enjoying the Park's fresh air, clean water, rural setting, open land and locally produced foods. o Sense of place and cultural identity - "Welshness" o Sense of discovery o Sweeping grandeur and outstanding natural beauty o Contrasting patterns, colours, and textures o Diversity of wildlife and richness of semi-natural habitats o Rugged, remote and challenging landscapes. o Enjoyable and accessible countryside o Intimate sense of community

The development plan for the area is the Brecon Beacons National Park Authority Local Development Plan 2007-2022 (LDP). Section 3.1.3 of the LDP sets out that whilst the National Park is a landscape designation there are instances where strict application of the boundary in making decisions is not appropriate - 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:-

Page 97 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.

Consideration The proposed development will be sited adjacent to the National Park boundary around the settlement of Penderyn.

However, given the nature of the development, the conversion/change of use of existing buildings, it is not considered that the scheme will have any visual impact upon the views in or out of the National Park.

The proposed use, and educational charity that encourages outdoor recreation and learning within the National Park is considered entirely suitable and is encouraged by Policy 1b (see above).

The potential conversion of farm buildings around the site to accommodation should be sensitively designed to retain the original architectural agricultural qualities of the structures and consideration should be given to the noise impact of 'end of day' activities on the surrounding land. In terms of highways impact on the surrounding network the proposed use is similar to the existing hotel use and it is not considered that there would be any additional traffic or highway safety issues. As such no issue is raised in this regard.

Conclusion It is considered that the development will not have a detrimental impact upon views in or out of the Park, and will not impact the special qualities of the Park as outlined above.

18/16067/FRI N: 230080 Powys County Council - Planning for Fringe 10 May 2018 E: 300084 Erection of building to house domestic Comments swimming pool and associated works (Fringe Consultation) at Siloam Shalom, Aberyscir, Brecon Powys Fringe Comments: I write further to the above, the National Park Authority has been consulted previously for a similar development and I enclose our previous response. Having reviewed this application our views remain as previously expressed in the earlier letter (below).

The dwellinghouse itself and much of the area used in association with the dwellinghouse is in the planning area of the Brecon Beacons National Park. The site of development is shown to be limited to the area immediately around the proposed pool building; the site does not extend to the public highway or include the full curtilage of the dwellinghouse. The site of development abuts the boundary of the Brecon Beacons National Park to its south east; the boundary follows the southern edge of the disused railway line on which the development is located. It is noted that if new or altered access is to be provided to the development this will be within the Brecon Beacons National Park planning area and may need planning permission. As the site of development does not appear to extend into the Brecon Beacons National Park, the Authority has considered this proposal as a fringe application for householder development.

The Environment Act 1995

Policy Context

Planning Policy Wales

Page 98 Planning Policy Wales (7th Edition July 2014) (PPW) acknowledges that 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.

Development Plan The development plan for the National Park is the Brecon Beacons National Park Authority Local Development Plan 2007-2022 (LDP). Section 3.1.3 of the LDP sets out that whilst the National Park is a landscape designations 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:

Consideration

The proposal is a relatively large building with what appears to be a substantially larger footprint than the existing dwellinghouse. The building is also sited in a position that does not appear well related to the existing dwellinghouse. The new building could be seen as a distinct visual element within the landscape and as somewhat incongruous due to its scale and positioning. Due to the curtilage of the property straddling the National Park boundary it is considered that this would impact the National Park. The design of the building is low lying and incorporates a flat green roof, which takes advantage of the surrounding land form to reduce the landscape and visual impact of development. It is viewed that any potential residual landscape and visual impact can be effectively mitigated by the existing vegetation screening the site along the former railway line.

The National Park Authority therefore supports the retention of the screening vegetation to minimise the impact of the development and support any measures that your authority is able to take to protect and maintain the screening vegetation.

Conclusion

The National Park Authority considers that the proposal will not be detrimental to the special qualities of the National Park and has no objection to the proposed development subject to the comments made on the application above and the retention of screening vegetation around the site.

Page 99 18/16181/FRI N: 198695 Rhondda Cynon Taf County Borough Fringe 8 June 2018 E: 296454 Council for Variation of condition 2 Comments (approved plans/drawings) and 7 ( wind turbine configuration) of previously approved planning application 13/0663/10 - to increase the overall tip height of the 3 turbines from 146.5m to 149.9m (Fringe Consultation) at Craig Yr Aber, Land To The North East Of Forch-Orky, Treorchy CF42 6TF Fringe Comments: 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.

Policy Context Planning Policy Wales (PPW) acknowledges the statutory purposes of National Parks and reinforces the "Sandford Principle", whereby if there is a conflict between the statutory purposes, greater weight shall be given to the first purpose of conserving and enhancing the natural environment. 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 deliver an energy programme that contributes towards reducing carbon emissions as a means of tackling climate change. The Welsh Assembly Government's Policy Statement (2010) sets out an aim for Wales to be in a position by 2050 where almost all of the local energy needs can be met by low carbon electricity production, and thus Local Planning Authorities should seek to facilitate the delivery of such developments whilst avoiding, and where possible minimising environmental, social and economic impacts.

PPW recognises that the cumulative impact of development can be a material consideration, however, such consideration must be balanced against the need to meet the Welsh Government's renewable energy aspirations and the conclusions reached fully justified in any decisions taken.

PPW goes on to stipulate that, "Developers will need to be sensitive to local circumstances, including siting in relation to local landform, proximity to dwellings and other planning considerations. The development of large wind farms or other large scale renewable and low carbon energy schemes will not generally be appropriate in internationally or nationally designated areas and sites (12.8.14)

The importance of National Parks is recognised in paragraph 2.6 of TAN 8 and paragraph 6.4 of Annex D identifies National Parks as "visual sensitive receptors" and paragraph 8.3 states, "There is an implicit objective in TAN 8 to maintain the integrity and quality of the landscape within National Parks…i.e. no change in landscape character from wind turbine development"

The Brecon Beacons National Park Management Plan (2010) defines the special qualities of the National Park as: o Peace and tranquility - opportunities for quiet enjoyment, inspiration, relaxation and spiritual renewal. o Vitality and healthfulness - enjoying the Park's fresh air, clean water, rural setting, open land and locally produced foods. o Sense of place and cultural identity - "Welshness" o Sense of discovery o Sweeping grandeur and outstanding natural beauty o Contrasting patterns, colours, and textures o Diversity of wildlife and richness of semi-natural habitats

Page 100 o Rugged, remote and challenging landscapes. o Enjoyable and accessible countryside o Intimate sense of community

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.

Consideration Proposal The proposal seeks to increase the height of three wind turbines from a maximum blade tip of 146.5m to 149.9, on a site (known as Abergorki wind farm) at Craig Yr Aber, to the North East of Forch-Orky, Treorchy.

The proposal is situated, at its nearest point, approximately 7km due south of the Brecon Beacons National Park's southern boundary. The Authority notes the content of the ES Addendum, specifically the chapter on the assessment of impacts on the landscape character and visual amenity.

It is stated within the submitted ES Addendum that there would be very minimal additional visibility which would be not enough to make any material difference in extent of visibility compared to the previous tip height. The updated photomontages indicate that the change in tip height will be barely noticeable in the landscape and therefore there will be no change in the level of effects on landscape character or views recorded in the previous ES.

Whilst no photomontages have been produced from viewpoints within the National Park, the assessment that the magnitude of landscape change will be barely noticeable is agreed. The National Park Authority is therefore satisfied that the proposal will not have a significant detrimental impact on the natural beauty and special qualities of the National Park.

Conclusion The Authority has no objection to the proposed development.

18/16127/FRI N: Christopher Jones - Planning Officer for Fringe 29 May 2018 E: Discharge of Schedule 2 Requirement 16 Comments of the Hirwaun Generating Station Order 2015 (SI 2014/1574) As amended - Hirwaun Power Station Written Scheme for the Management and Mitigation of Artificial Light Emissions (April 2018), report number 2642C001-A (revision 2) (Fringe Consultation) at Units 1-4 Hirwaun Industrial Estate, Main Avenue, Hirwaun CF44 9UY

Page 101 Fringe Comments: The information submitted only includes the lighting plans within the following document: • Hirwaun Power Station - Written Scheme for the Management and Mitigation of Artificial Light Emissions by WSP dated April 2018

I can confirm that there is no ecological objection to the proposed lighting in terms of the impacts on biodiversity interests within the National Park; it is assumed that the RCT Ecologist will comment on likely impacts on local biodiversity issues, and in particular, the Bat Mitigation Structure and the Sites of Importance for Nature Conservation.

It will be important to ensure that there is appropriate monitoring of the scheme to demonstrate that the perimeter lighting is not being triggered needlessly and staying on for long lengths of time.

Page 102 Planning Obligations 21st June 2018

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 Heol off Heol Sant Cattwg, Llanspyddid, 16/13308/OUT Construction of residential Miss Gladys Davies Brecon, LD3 8PD AH 25/5/2017  development and associated works

Erection of dwelling (Outline

Mrs K Jenkins 18 Maescelyn, Brecon, LD3 7NL Application) AH N/A (Delegated) 

17/ 103 Page 14646/OUT

Conversion of existing barn to dwelling including renovation of existing fabric, formation of new 17/14749/FUL Mrs Dawn Harris Derwen Deg Barn, Station Road, Govilon AF N/A (Delegated)  openings floors and partitions, single storey accommodation and first floor bat loft extension over open car port

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Application Applicant/ Site/ Development/ Planning Committee Date Current Number Developer Location Proposal Obligations Date Completed Status Amended phase II development and operation of a sustainable waste resource recovery and energy production park comprising the consolidation of the approved gasification yard and pyrolysis building into a 6,270.43 m2 gasification hall; an emissions stack measuring 45 m in height and 3.5 m Enviroparks, Fifth Avenue, Hirwaun in diameter; a 2,102.86 m2 fuel 17/14587/FUL Enviroparks (Wales) Ltd OTH 20/6/17  Industrial Estate storage hall and a 378 m2 turbine hall for electricity generation; and a 4,824 m2 open service yard containing ancillary structures including air- cooled condensers for the gasification

Page 104 Page plant, ancillary fire water tanks and a fire pumphouse, effluent pumps, gas boosters, transformers and a standby diesel generator and fuel tank, with boundary landscape and planting. Change of use of agricultural land to mixed use development comprising full planning permission for 119 residential units (C3), Public Open Land Adjacent To Cerrigcochion Road, Space, Landscaping, highway AH/REC/HIW/ 16/13596/FUL Mr Matthew Hall (PAR Homes) 14/03/2017  Brecon, Brecon, Powys improvements and associated EDU engineering works and outline planning permission with all matters reserved for 0.5 hectares of employment space (B1). Proposed residential development 16/13828/FUL BS Estates Ltd Land off Hay Road, Talgarth with associated infrastructure and AH/REC/OTH N/A (Delegated)  landscaping (Full)

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

Residential development for 5 Land to rear of Old School, Bethlehem, Mr Dale Vaughan dwellings to include 1 affordable unit 17/14650/FUL Llandeilo, Carmarthenshire SA19 6YL AH 18/7/17 08/05/2018  (previously approved under

07/01405/OUT)

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

Mr & Mrs ARH and TM Skarsten Danycastell Presbyterian Church, Castle Conversion of church to one dwelling 17/15571/FUL AF N/A (Delegated)  Road, Crickhowell NP8 1AP

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

18/15820/CON Mrs Judith Tuthill Coed Farm, Fforest Coalpit Deed of Variation N/A (Delegated)  Conversion of the first floor area of Ty Llys, Tretower, Crickhowell, Powys an existing outbuilding to residential 18/16074/FUL Mr Mick and Jodie Wright AF N/A (Delegated)  NP8 1RF accommodation at “Ty Llys” Farm Tretower

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

105 Page

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This page is intentionally left blank Application Amount detailed Date Date Permission granted Proposal SM area Settlement Date Received Date Paid Allocated to number in S106 Allocated Melin Homes - Ty 13/10295/FUL Permitted 07.10.2014 Construction of 92 dwellings, Cae Meldon A,C&H Mon Gilwern £175,200.60 28.02.2017 09.02.2018 Clyd Close 13/09841/FUL Permitted 27.10.2015 Construction of one dwelling at Ael Y Bryn B&R Powys Bwlch £15,056.80 13/10285/FUL Permitted 30.09.2014 Erection of 1 dwelling - Roayl Oak, Pencelli B&R Powys Pencelli £16,251.60 13/10289/OUT Permitted 25.10.2016 Multiple Housing Development - Ty Clyd Close A,C&H Mon Govilon £5,045.84 14/11036/FUL Permitted 12.10.2016 The studio, Upper House Farm A,C&H Powys Crickhowell £5,000 04.01.2017 14/11337/FUL Permitted 01.02.2016 Canal Bank Gardens, Brecon B&R Powys Brecon £24,151.20 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 15/11949/FUL Permitted 24.04.2017 Captain's Walk, Brecon B&R Powys Brecon £17,144.80 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 16/13189/FUL Permitted 01.02.2017 Divide House into 2 flats A,C&H Powys Hay £17,730.00 16/13266/FUL Permitted 24.05.2016 Conversion Triley Court Nursing Home A,C&H Mon Abergavenny £25,000 18.05.2017 Page 107 Page 14/11593/CON Permitted 11.03.2015 Variation of Planning obligation to 11/06647/FUL A,C&H Powys Llangynidr £89,262 01.04.2016 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 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 12/08575/OUT Permitted 13.01.17 Mixed use development Cwrt Y Gollen A,C&H Powys Crickhowell £517,528.20 17/14713/FUL Permitted 14.08.2017 1 Dwelling at St Johns Church Libanus B&R Powys Libanus £22,190.00 17/15038/FUL Permitted 14.02.2018 Land Adjacent To Trem Y Bannau B&R Powys Llangorse £18,745.60 17/14369/DEEM Appeal allowed 25.08.2017 Pen Y Mynydd Barn A,C&H Mon O/C £97,440.00 17/14749/FUL Minded to permit 18.07.2017 Derwen Deg Barn A,C&H Mon Govilon £28,118.40 17/15496/FUL Minded to permit 11.01.2018 Coed Y Bryn, Bwlch B&R Powys Bwlch £16,692.40 17/15571/FUL Minded to permit 08.02.2018 Danycastell Presbyterian Church A,C&H Powys Crickhowell £33,790.80 17/15356/FUL Permitted 21.06.2018 Norcott Common Road A,C&H Mon £28,657.00 Total £1,295,554.17 £294,463 Total Abergavenny, Crickhowell and Hay Sub Market area £1,054,150.24 £294,464 Total Brecon and Rural Hinterland and Sub Market area £241,403.93 £0 Total Heads of the Valleys and Rural South area £0 £0 Total Powys £911,714.93 £94,262 Total Carms £0 £0 Total Mons £383,839.24 £200,201 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, Crucorney In line with the Brecon Beacons 58% of Acceptable Cost Guidance National Park Authority's Local Development Plan, Supplemtary Planning Guidance to Policy CYDLP1: Enabling Appropriate Development in the Countryside. Paragraph. 3.3.10 states "It will often be the case that farmers/landowners may wish to convert these buildings in order to provide accommodation for family members. Accordingly, in instances

Page 108 Page where a converted barn would provide a dwelling for a child (including spouse and residing dependents) of the farmer, the Authority would delay the requirement for the relevant commuted sum payment until such time that the converted barn is sold on the open market." 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 received

Appeal Decision (Development Control)

Ref Date Appellant Dev/Location Description of Development

17/15407/FUL 09.03.2018 Jonathan Land To The Rear Extension of residential curtilage on Williams Of 1 And 2 land to the rear of no 1 and no 2 Penpentre Penpentre, Trallong St Davids Church Appeal Allowed – Appendix 1 Trallong Brecon Powys LD3 8HP

Brecon Beacons National Park Authority 10th July 2018 Planning Access & Rights of Way Committee Page 109 APPENDIX I

Brecon Beacons National Park Authority 10th July 2018 Planning Access & Rights of Way Committee Page 110

Penderfyniad ar yr Apêl Appeal Decision Ymweliad â safle a wnaed ar 03/05/18 Site visit made on 03/05/18 gan Richard E. Jenkins BA (Hons) MSc by Richard E. Jenkins BA (Hons) MSc MRTPI MRTPI Arolygydd a benodir gan Weinidogion Cymru an Inspector appointed by the Welsh Ministers Dyddiad: 01.06.2018 Date: 01.06.2018

Appeal Ref: APP/P9502/A/18/3196534 Site address: Land to the rear of No.1 and No.2 Penpentre, St. David’s Church, Brecon, LD3 8HP 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.  The appeal is made by Jonathan Williams and the Trustees of the Penpont Settlement against the decision of Brecon Beacons National Park Authority.  The application Ref: 17/15407/FUL, dated 6 October 2017, was refused by notice dated 1 December 2017.  The development proposed is the extension of residential curtilage on land to the rear of No.1 and No.2 Penpentre, Trallong.

Decision

1. The appeal is allowed and planning permission is granted for the extension of residential curtilage on land to the rear of No.1 and No.2 Penpentre, St. David’s Church, Brecon, LD3 8HP in accordance with the terms of the application, Ref: 17/15407/FUL, dated 6 October 2017, subject to the conditions set out in the schedule below.

Main Issues

2. These are: whether the development is acceptable in principle, having particular regard to the planning policy framework and other material considerations; and the effect of the proposed development on the character and appearance of the area, having particular regard to the location of the site within the protected landscape of the Brecon Beacons National Park.

Reasons

3. The appeal relates to land located to the rear of the existing semi-detached residential properties known as No.1 and No.2 Penpentre in Trallong. The land currently forms part of the churchyard associated with the Grade II listed St. David’s Church and is located broadly to the south of the limited garden areas associated with the aforementioned residential properties. The appeal proposal seeks planning permission for the material change of use of the land to enable it to lawfully form part of the residential curtilage of Nos.1 and 2. The redefined garden areas would be enclosed by an existing Victorian stone wall that would be retained as part of the development, a new dry stone wall that would replace an existing block wall fronting St. David’s Church and new native hedgerow planting.

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4. The land comprising the appeal site is located outside of the defined settlements of the adopted Brecon Beacons National Park Local Development Plan 2007-2022 (adopted 2013) (LDP) and is therefore classified as countryside for the purposes of planning. The adopted LDP sets out a presumption against development in such locations unless an essential need has been demonstrated. Policy CYD LP1 sets the context for ‘Enabling Appropriate Development’ within countryside locations, although it does not specifically refer to the extension of residential curtilages. It does however state that proposals for development within countryside locations will be required to contribute positively to their countryside setting and enhance the quality of the landscape without impact on, amongst other things, the natural beauty of the area.

5. Notwithstanding the context set by the adopted LDP, it is material to note that the development would not exacerbate unsustainable travel patterns and neither would it impact upon agricultural resources. Moreover, given its siting within the curtilage of St. David’s Church, its close relationship to Nos.1 and 2 and the fact that existing features would be utilised to define the boundary of the garden areas, I do not consider that the development would represent a sporadic form of development that would erode the intrinsic value of the area, as submitted by the NPA. Indeed, it was clear at the time of my site inspection that, by reason of the topography of the area and the presence of existing features and structures, the proposed use of land would neither be prominent nor incongruous and would have no discernible impact upon the natural beauty of this area of the national park. In fact, the proposed dry stone wall would represent an improvement relative to the existing block work wall and, given the fact that the site was largely overgrown and unkempt at the time of my site visit, I consider that the development could potentially enhance the appearance of the immediate surroundings.

6. Statutory consultees have indicated that the development would not have a detrimental impact upon the setting of the listed church and, given that the land forms part of a modern extension to the churchyard, I have not seen anything to lead me to a different conclusion on such a matter. The proposed garden areas would also be proportionate in scale to the existing dwellings and there is no doubt that allowing the appeal would significantly improve the living conditions of the occupiers of the aforementioned residential properties. Indeed, the extent of the existing amenity areas serving Nos.1 and 2 fall considerably below what is necessary to undertake residential tasks typical of modern day living. I acknowledge that the planning policy framework for the area covered by the Brecon Beacons National Park does not specifically deal with amenity standards for the occupiers of existing dwellings. Nevertheless, I consider such a matter to merit considerable weight in the planning balance, not least because it would ‘capitalise on improving the existing housing stock’ as referred within criterion 1 of Policy CYD LP1 of the adopted LDP.

7. Therefore, whilst there is little doubt that the proposed change of use of the land in the countryside would represent a deviation from the restrictive policy position set by the adopted LDP, I am satisfied that such conflict is outweighed by the aforementioned material considerations, including the lack of demonstrable harm to the character and appearance of the area and the natural beauty of the National Park, as well as the improvements to the living conditions of the occupiers of Nos.1 and 2. For these reasons, and having considered all matters raised, I conclude that the appeal should be allowed subject to conditions.

8. In coming to this conclusion, I have had full regard to the statutory purposes and duty of national parks and have considered the duty to improve the economic, social, environmental and cultural well-being of Wales, in accordance with the sustainable development principle, under section 3 of the Well-Being of Future Generations

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(Wales) Act 2015 (WBFG Act). I have 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.

9. I have considered the suggested conditions and, having had regard to the advice in Welsh Government Circular 16/2014: The Use of Planning Conditions for Development Management (October 2014), have adjusted their wording where necessary in the interest of clarity and precision. In addition to the statutory time commencement condition, I have imposed a condition tying the development to the approved plans for the avoidance of any doubt.

10. The NPA has suggested a condition requiring a tree protection plan and arboricultural method statement, as well as a condition requiring tree protection fencing to be erected. However, having regard to the fact that the appeal proposal has already had regard to the nearby beech tree through the submitted arboricultural impact assessment, as well as the fact that the proposed fencing would need to be located on land outside of the control of the appellant, I consider such conditions to fail the tests set out in national policy. Nevertheless, Condition No.3 imposed in the attached schedule is necessary having particular regard to the need for ‘no dig’ foundations, the close proximity to the listed St. David’s Church and the general need to safeguard the character and appearance of the area. As the requirements of this condition are consistent with the condition proposed by the appellant through his rebuttal statement, I am satisfied that nobody would be prejudiced by such a requirement. Condition No.4, which restricts permitted development rights, is also justified for the same reasons as those provided for Condition No.3 above.

11. The NPA’s ecologist has confirmed that the Authority does not hold any records for protected or important species at the site and no ecological concerns have been raised. As such, the suggested condition requiring biodiversity enhancement measures is unjustified. Moreover, as I have not seen anything to indicate that the development would result in a material increase in levels of external lighting, I do not consider the NPA’s suggested condition requiring an external lighting plan to meet the tests of the above Circular. Richard E. Jenkins

INSPECTOR

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Schedule of Planning Conditions

1) The development shall begin not later than five years from the date of this decision. 2) The development shall be carried out in accordance with the following approved plans and documents: Penpentre Site Plan Revised 2B; and Penpentre AIA REV2 160914-1P-AIA-AM-JW3, unless otherwise agreed in writing by the Local Planning Authority. 3) No works shall commence on site until full details of the construction of the dry stone wall hereby approved have been submitted to and approved in writing by the Local Planning Authority. All works shall thereafter be carried out in accordance with the approved details. 4) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended for Wales) (or any order revoking and re-enacting that order with or without modification), no development of the types described in Schedule 2, Part 1, Classes A, E, F and Schedule 2, Part 2, Class A shall be permitted other than those expressly authorised by this permission.

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Brecon Beacons National Park Authority Internal Reporting: Planning Performance Figures From: 01 May 2018 to 31 May 2018

APPROVALS GRANTED REFUSED %APPROVED 29 4 88 8 WEEK PERFORMANCE Under8Weeks Over8Weeks 8Wks% 31 1 97 HOUSEHOLDER 8 WEEK PERFORMANCE Under8Weeks Over8Weeks 8Wks% 11 1 92 AGREED EXTENSIONS PERFORMANCE AEunder AEover AE% 2 0 100 AGE OF APPLICATIONS >8Wks >13Wks >16Wks >2Yrs 25 23 22 4

Analysis of applications on hand

August RECEIVED ONLINE ONLINE% DECIDED ON HAND 2017 53 38 71.7 56 160 September RECEIVED ONLINE ONLINE% DECIDED ON HAND 2017 43 28 65.1 58 137 October RECEIVED ONLINE ONLINE% DECIDED ON HAND 2017 60 47 78.3 54 138 November RECEIVED ONLINE ONLINE% DECIDED ON HAND 2017 47 34 72.3 51 123 December RECEIVED ONLINE ONLINE% DECIDED ON HAND 2017 35 27 77.1 30 126 January RECEIVED ONLINE ONLINE% DECIDED ON HAND 2018 72 51 70.8 46 146 February RECEIVED ONLINE ONLINE% DECIDED ON HAND 2018 39 24 61.5 45 137 March RECEIVED ONLINE ONLINE% DECIDED ON HAND 2018 46 30 65.2 39 129 April RECEIVED ONLINE ONLINE% DECIDED ON HAND 2018 56 41 73.2 41 136 May RECEIVED ONLINE ONLINE% DECIDED ON HAND 2018 53 38 71.7 33 145

Page 115 This page is intentionally left blank PLANNING ENFORCEMENT FIGURES

Welsh Government Performance Indicators

Number of Investigated 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

December 7 14 4 8 8 2017

January 5 7 1 5 3 2018

February 8 10 5 2 11 2018

March 5 13 6 9 8 2018

April 8 9 1 1 3 2018

May 13 7 8 4 8 2018

Current Cases

Current Cases Backlog Cases (over Total Cases (under 180 days) 180 days) December 40 90 130 2017

January Figures unavailable here Figures unavailable here Figures unavailable here 2018

February 41 81 122 2018

March 30 84 113 2018

April 33 81 114 2018

May 31 81 111 2018

Brecon Beacons National Park Authority Planning, Access, and Rights of Way Committee Page 117 Planning Enforcement Figures Page 1 of 2

Relevant Definitions

Investigated means that the Authority has considered the alleged breach of planning control and advised the complainant of the investigation.

Resolved means one of the following: a) A decision that, following investigation, no breach of planning control has occurred b) A decision that enforcement action is not expedient c) Planning permission is subsequently granted through an application or enforcement appeal d) An enforcement of breach or condition notice is complied with e) Direct action by the Authority removes the breach of control

Brecon Beacons National Park Authority Planning, Access, and Rights of Way Committee Page 118 Planning Enforcement Figures Page 2 of 2

ENC8

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

REPORTS: Delegated Decision Enforcement Reports – where no further action is required.

AUTHORS: Enforcement Officers

MEETING AND DATE OF Planning, Access and Rights of Way Committee MEETING: 10th July 2018

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 119 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 July 2018 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: 22 June 2018

Signed:

Post: Principal Planning Officer

I accept the recommendation made above.

______Proper Officer

Date: 3 July 2018

Page 120 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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