Public Document Pack
Planning, Taxi Licensing & Rights of Way Committee
Meeting Venue Council Chamber - Neuadd Maldwyn, Welshpool, Powys
Meeting Date Thursday, 28 January 2016 County Hall Llandrindod Wells Meeting Time Powys 10.00 am LD1 5LG
For further information please contact Carol Johnson 21st January, 2016 01597826206 [email protected]
AGENDA
1. APOLOGIES PTLRW8 - 2016
To receive apologies for absence.
2. MINUTES OF THE PREVIOUS MEETING PTLRW9 - 2016
To authorise the Chair to sign the minutes of the previous meeting of the Committee held on 7th January, 2016 as a correct record. (Pages 5 - 8)
Planning
3. DECLARATIONS OF INTEREST PTLRW10 - 2016
a) To receive any declarations of interest from Members relating to items to be considered on the agenda. b) To receive Members' requests that a record be made of their membership of town or community councils where discussion has taken place of matters for the consideration of this Committee. c) To receive declarations from Members of the Committee that they will be acting as 'Local Representative' in respect of an individual application being considered by the Committee. d) To note the details of Members of the County Council (who are not Members of the Committee) who will be acting as 'Local Representative' in respect of an individual application being considered by the Committee.
1 4. PLANNING APPLICATIONS FOR CONSIDERATION PTLRW11 - 2016 BY THE COMMITTEE
To consider the reports of the Head of Regeneration, Property and Commissioning and to make any necessary decisions thereon.
(Pages 9 - 10)
4.1. Updates Any Updates will be added to the Agenda, wherever possible, prior to the meeting. (Pages 11 - 26)
4.2. P/2015/1091 Barn opposite Nant yr Hen Glawdd, Llangynog (Pages 27 - 42)
4.3. P/2015/0760 Land Adjacent to Manafon Sewage Treatment Works, Manafon, Powys SY21 8BL (Pages 43 - 60)
4.4. P/2015/0103 Horseyard Lane, Evenjobb, Presteigne, Powys, LD8 2SQ (Pages 61 - 76)
4.5. P/2014/04444 Wynnstay Banwy Industrial Estate, Llanfair Caereinion, Welshpool, Powys, SY21 0SG (Pages 77 - 84)
4.6. NMA/2015/0083 Land at Wern Farm, Foel, Welshpool, Powys SY21 0NY (Pages 85 - 90)
5. DECISIONS OF THE HEAD OF REGENERATION, PTLRW12 - 2016 PROPERTY AND COMMISSIONING ON DELEGATED APPLICATIONS
To receive for information a list of decisions made by the Head of Regeneration, Property and Commissioning under delegated powers. (Pages 91 - 98)
6. APPEAL DECISION PTLRW13 - 2016 To receive the Planning Inspector's decision regarding an appeal, in respect of P/2015/0716 – 3 Green Gardens, Rhayader, Powys, which was dismissed. (Pages 99 - 100) This page is intentionally left blank PTLRW9 - 2016 PTLRW Committee 7 January, 2016 MINUTES OF A MEETING OF THE PLANNING, TAXI LICENSING & RIGHTS OF WAY COMMITTEE HELD AT COUNCIL CHAMBER - COUNTY HALL, LLANDRINDOD WELLS, POWYS ON THURSDAY, 7 JANUARY 2016
PRESENT County Councillor D R Price (Chair)
County Councillors M J Jones, L V Corfield, W J Evans, P Harris, D R Jones, Eldrydd M Jones, E M Jones, G M Jones, F H Jump, P J Medlicott, R H Mills, K S Silk, D A Thomas, D G Thomas, A G Thomas, G I S Williams, D H Williams and J M Williams
1. APOLOGIES PTLRW1 - 2016
Apologies for absence were received from County Councillor K.F. Tampin.
2. MINUTES OF THE PREVIOUS MEETING PTLRW2 - 2016
The Chair was authorised to sign the minutes of the meetings held on 12th November and 3rd December, 2015 as correct records.
Planning
3. DECLARATIONS OF INTEREST PTLRW3 - 2016
(a) County Councillor J.M. Williams declared a non-prejudicial interest in application NMA/2015/00762 as he is appointed by the County Council to Shrewsbury – Aberystwyth Railway Liaison Committee and Shrewsbury – Aberystwyth Rail Passengers’ Association which have strongly supported the closure of railway crossings.
(b) The Committee noted that no Member requested that a record be made of their membership of a town or community council where discussion had taken place of matters for the consideration of this Committee.
(c) The Committee noted that no Member (who is a member of the Committee) would be acting as ‘local representative’ in respect of any application on the agenda.
(d) The Committee noted that County Councillor T. Van-Rees (who is not a member of the Committee) would be speaking as the ‘local representative’ in respect of application P/2014/1118.
4. PLANNING APPLICATIONS FOR CONSIDERATION PTLRW4 - 2016 BY THE COMMITTEE
The Committee considered the reports of the Head of Regeneration, Property and Commissioning [copies filed with the signed minutes]. Page 5 PTLRW Committee 7 January, 2016 4.1. Updates
The Members confirmed that they had received and had time to read the update circulated the previous day and prior to the meeting.
4.2. P/2014/1118 Land at Maes y Dre, Beulah Road, Llanwrtyd Wells, Powys
Application No: P/2014/1118
Grid Ref: 288171.57 246886.06
Valid Date: 26/11/2014
Officer: Dunya Fourie
Community Council: Llanwrtyd Wells Town Council
Applicant: Mr Peter Reynolds, C/o Agent
Location: Land at Maes y Dre, Beulah Road, Llanwrtyd Wells, Powys
Proposal: Outline: Residential development
Application Type: Application for Outline Planning Permission
The Committee noted that County Councillor T. Van-Rees had registered to speak but was not in attendance.
The Committee noted that there was no support from the local Town Council and the Committee noted the information provided in the Update regarding the land already approved for housing development.
In response to questions the Principal Planning Officer advised that a large part of the land had been designated as employment land within the Unitary Development Plan [UDP]. To enable the Committee to consider loosing employment land, the applicant was required to provide clear evidence of the marketing of the employment land at an appropriate price. The Principal Planning Officer advised that limited evidence had been provided by the applicant.
Concerns were expressed regarding the potential loss of employment land which could result in the town becoming a dormitory town.
RESOLVED: Reason for decision: That the application be refused. 1. The loss of employment land and justification for housing development on this site is considered unacceptable contrary to Planning Policy Wales (7th edition, July 2014), Technical Advice Note 23 (2014) and Powys Unitary Development Plan (2010) policy EC3.
Page 6 PTLRW Committee 7 January, 2016
4.3. NMA/2015/0076 Land between and adjoining Railway line and A470 1km southeast of Talerddig, Carno, Powys
Application No: NMA/2015/0076
Grid Ref: 292962.6 299370.74
Valid Date: 29/10/2015
Officer: Dunya Fourie
Community Council: Llanbrynmair Community Council
Applicant: Powys County Council
Location: Land between and adjoining Railway line and A470 1km southeast of Talerddig, Carno, Powys
Proposal: Non Material Amendment to planning permission P/2013/0590 to allow changes
Application Type: Non Material Amendments
In response to questions the Highways Authority advised that although the proposed carriageway width for the bridges was being reduced to 3.7m this was still sufficient for agricultural vehicles and that articulated lorries were 2.6m in width. It was noted that holding bays were proposed either side of the bridges.
RESOLVED: Reason for decision: That the application be granted consent. As officers recommendation as set out in the report which is filed with the signed minutes.
5. DECISIONS OF THE HEAD OF REGENERATION, PTLRW5 - 2016 PROPERTY AND COMMISSIONING ON DELEGATED APPLICATIONS
The Committee received for information a list of decisions made by the Head of Regeneration, Property and Commissioning during the period between 25th November and 30th December, 2015.
In response to questions the Chair advised that the Professional Lead for Development Management would provide an update report to the next Committee regarding quarrying in the Erwood area.
Taxi and other licensing
Page 7 PTLRW Committee 7 January, 2016 6. MINUTES OF TAXI REVIEW PANELS PTLRW6 - 2016
The Chairs presiding at the Taxi Review Panels held on 9th October, 26th October and 7th December, 2015 were authorised to sign the minutes as correct records.
Rights of Way
7. TOWN AND COUNTRY PLANNING ACT 1990, PTLRW7 - 2016 SECTION 257 PUBLIC PATH ORDER FOR ABANDONMENT AND PROPOSED NEW PUBLIC PATH ORDER
The Committee considered the report of the Senior Manager Countryside, Contracted and Cultural Services (copy filed with the signed minutes).
A diversion order was made in December 2012 and the Countryside Services were notified that the path had been made ready for use in December 2014. On inspection, Countryside Services found that the access ramp was around 6 metres to the south of the diversion route shown on the 2012 legal Order. The Committee noted the options available to it. It was noted, that if a new Diversion Order was made reflecting the actual location of the footpath that had been constructed, the applicant had agreed to meet the costs of making and advertising a new diversion order. The Committee was advised that this would be approx. £300 - £400 per advert.
It was proposed and duly seconded that the officers’ recommendation be approved subject to appropriate costs being met by the applicant.
RESOLVED: Reason for decision: 1. That the diversion Order made in 2012 As no objections have been made to the for footpath 50 Berriew, as shown in revised proposal and no development appendix A of the report [filed with the work has been carried out over the signed minutes] be formally abandoned existing line of the path, it is proposed and not confirmed. that a new Order be made, under 2. That a new diversion Order be made to section 257 of the Town and Country divert footpath 50 at Boxtree, community Planning Act 1990. of Berriew, as shown on the plan at Appendix B of the report [filed with the signed minutes] subject to appropriates costs being met by the applicant.
The Committee noted the date and venues of meetings in January and February 2016.
The Chair advised the Committee that Holly Hobbs and Gemma Bufton had recently been appointed as Principal Planning Officers.
County Councillor D R Price (Chair) Page 8 PTLRW11 - 2016
Planning, Taxi Licensing and Rights of Way Committee 28th January 2016
For the purpose of the Government (Access to Information) Act 1985, the background papers relating to each individual planning application constitute all the correspondence on the file as numbered in the left hand column.
Applications for consideration by Committee:
Application No: Nature of Development: Community: Location of Development: O.S. Grid Reference: Applicant: Date Received: Recommendation of Head of Planning:
P/2015/1091 Conversion of agricultural building to residential/work unit Llangynog Barn opposite Nant yr Hen Glawdd, 304532.66 326648.25 Llangynog
09/11/2015 Mr Mitchell
Recommendation: Refusal
P/2015/0760 Change of use of land to sewage treatment works including erection of kiosk, rotating Manafon biological contactor (RCB) reed bed and associated works. 311505.78 302524.92 Land Adjacent to Manafon Sewage 14/09/2015 Treatment Works, Manafon, Powys SY21 8BL
Severn Trent Water Limited
Recommendation: Refusal
P/2015/0103 Full: Proposed erection of three single storey dwellings with associated vehicular Old Radnor access, infrastructure and landscaping
326417.08 262453.78 Horseyard Lane, Evenjobb, Presteigne, Powys, LD8 2SQ 29/01/2015 Mr Edward Davies
Recommendation: Approval
Page 9 P/2014/0444 Advert: Retention of two fascia signs (1 externally illuminated and 1 non- Llanfair Caereinion illuminated) and proposed 2 no. non- illuminated freestanding entrance signs 310586.94 306782.59 Wynnstay Banwy Industrial Estate, Llanfair 13/05/2014 Caereinion, Welshpool, Powys, SY21 0SG
Wynnstay Group Plc
Recommendation: Split Decision
NMA/2015/0083 Non Material Amendment to vary condition 2 attached to planning permission Banwy P/2014/0110 (to vary turbine type to a turbine with 57.64m blade tip and 40.15m 296669.12 313367.78 hub height) grid ref 296669/313367
10/12/2015 Land at Wern Farm, Foel, Welshpool, Powys, SY21 0NY
DG & E Williams
Recommendation: Approve
Page 10 PTLRW11 - 20161
Planning, Taxi Licensing and Rights of Way Committee Report
Application No: P/2015/0760 Grid Ref: 311505.78 302524.92
Community Manafon Co Valid Date: Officer: Council: 14/09/2015 Dunya Fourie
Applicant: Severn Trent Water Limited
Locatio n: Land Adjacent to Manafon Sewage Treatment Works Manafon Powys SY21 8BL
Proposal: Change of use of land to sewage treatment works including erection of kiosk, rotating biological contactor (RCB) reed bed and associated works.
Application Application for Full Planning Permission Type:
Road reference correction
Brought to the attention of the officer by the Community Council
“I noticed reading through the agenda for meeting Thursday, the road number appears to be wrong, I believe I am correct in saying it is the B4390 not B4389 ”
Natural Resource Wales Correspondence
“I can confirm that the information received does not alter the views expressed in our letter dated 16 th November 2015, that being that the proposal proposes highly vulnerable development as noted in the supporting FCA and that we do not consider that the FCA has demonstrated that the flooding consequences in terms of risk to the developer, their customers and third partied is acceptable.
Our letter dated 16 th November 2015 noted that further investigation should take place to provide further reassurance of the matters set out in our letter ”.
1 Page 11
2 Page 12
3 Page 13 Planning, Taxi Licensing and Rights of Way Committee Report
Application No: P/2015/0103 Grid Ref: 326417.08 262453.78
Community Old Radnor Valid Date: Officer: Council: 29/01/2015 Holly-ann Hobbs
Applicant: Mr Edward Davies, Nobley, Walton, Presteigne, Powys, LD8 2NU.
Location: Horseyard Lane, Evenjobb, Presteigne, Powys, LD8 2SQ.
Proposal: Full: Proposed erection of three single storey dwellings with associated vehicular access, infrastructure and landscaping
Application Application for Full Planning Permission Type:
REPORT UPDATE
Members are advised that the following provided an update to the published Committee Report and includes additional consultation responses and third party representations. Members attention is also drawn to the attached UDP inset maps for Presteigne, Evenjobb, Gladestry, Kinnerton, Norton and Old Radnor which comprise the Presteigne Planning Area.
Consultee Responses
Clwyd Powys Archaeological Trust
The report clearly showed that there is no significant archaeology at this location and we would therefore have no additional archaeological recommendations in this case.
Affordable Housing Officer
I have no comments to make as the site is less than 0.3 hectare and it’s for less than 5 dwellings.
Representations
Members are advised that three additional representations have been received by Development Management. In the interests of clarity, the representations received are included in full below;
No.7 Horseyard Lane -
I refer to your letter regarding the above planning application for building works in Horseyard Lane,Evenjobb.
1 Page 14 I must firstly point out that we did NOT receive a copy of this letter from you and it was fortuitous that our neighbour did,as we would otherwise have been oblivious to the proceedings referred to therein.
I will not be able to attend the proposed meeting on the 28th January 2016 due to the fact that you have given me little notice as a result of your lack of advanced communication, coupled with my work commitments.
We continue to object to this application being granted on the following grounds:-
1. Residential planning permission was previously refused and the rejection criteria has not changed.
2.The proposed works lie outside the village settlement boundary,which has been acknowledged by the applicant.
3.The proposed buildings will impact upon the natural lighting into the rear of our home.
4.The proposed buildings will impact upon our privacy and right to an undisturbed family life.
5.Knobbly Brook stream will not be able to deal with greater volume of rainwater and waste that will originate from the proposed development,as it is already struggling to cope with existing demands placed upon it.
6.The roadways within the proposed development provide insufficient space for commercial vehicles and we are concerned that emergency vehicles will have very limited access.
7.The proposed access road will be too steep for elderly residents and dangerous under foot during icy weather,as experienced in the past few weeks.
8.The village has no amenities and the number of dwellings has already increased by over 20% in the last fifteen years.
9.The erection of any further street lights will contribute to yet more light pollution.
I trust that any Powys CC representatives with any connection to this application whatsoever,will have declared their interest to the committee beforehand.
I would be grateful if the above objections are given due consideration by the committee during their deliberations.
No.5 Horseyard Lane -
I did not receive the Committee Notice regarding the a.m. Planning Application and was unaware of the meeting on 28th January at Welshpool. I am unable to attend. Please advise where I may find the Minutes of the Meeting afterwards. Thank you.
In addition to the points raised previously by me and raised in Mr Jone's email to you today :-
1. I too, have been stuck on the gradient to Horseyard Lane, several times in my car during
2 Page 15 cold weather, as have other residents and visitors since 2007. The gradient to the proposed development is even steeper. Powys County Council has not provided sufficient grit to meet the need over the years.
2. In the event that planning permission was granted, an icy gradient way well give rise to health & safety issues if older residents should fall. I slipped last week, taking the rubbish to the collection point as did another resident in the cold weather. There is the potential exposure to personal injury actions, legal costs and damages for Powys Council.
3. I also register my concern that the erection of any streetlights would contribute to more lightpollution.
4. I fear that the grant of planning permission for development outside the village boundary would set a precedent for further development of Evenjobb, as proven by development over the years thus causing it to lose it's character, beauty, social cohesion and sense of community.
No. 3 Horseyard Lane -
This land should not be built on because -
Residential planning permission was previously refused and rejection criteria have not changed (2) It lies outside the village settlement boundary (a fact acknowledged by the Applicant) (3) The village has no amenities and the number of dwellings has already increased by over 20% in the last 15 years (4) The additional surface (access road, driveways, roofs etc) and foul water would discharge into Knobbly Brook upstream of the inadequate Horseyard Lane culvert and so exacerbate the existing problems with Knobbly Brook (the most recent flooding being on 23.08.2015), the silting-up of Horseyard Lane culvert as well as those downstream (5) The roadways within the proposed development provide insufficient space for commercial vehicles (fire engines, ambulances, oil delivery and desludging tankers, grocery, furniture and parcel delivery trucks, Powys refuse vehicles etc) to manoeuvre (6) The access road to/from Horseyard Lane is too steep for elderly pedestrians and, in winter, vehicles will also struggle (as Powys CC' recycling vehicle did on 14.01.2016)
P.S..... I trust any Powys CC representative with any connection whatsoever with the Applicant will have declared beforehand.
______Case Officer: Holly-ann Hobbs- Principal Planning Officer Tel: 01597 827319 E-mail:[email protected]
3 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Planning, Taxi Licensing and Rights of Way Committee
Application No: NMA/2015/0083 Grid Ref: 296669.12 313367.78
Community Banwy Valid Date: Officer: Council: 10/12/2015 Eddie Hrustanovic
Applicant: DG & E Williams, Land at Wern Farm, Foel, Welshpool, Powys, SY21 0NY
Location: Land at Wern Farm, Foel, Welshpool, Powys, SY21 0NY
Proposal: Non Material Amendment to vary condition 2 attached to planning permission P/2014/0110 (to vary turbine type to a turbine with 57.64m blade tip and 40.15m hub height) grid ref 296669/313367
Application Non Material Amendments Type:
UPDATE
This update should be read in conjunction with NMA/2015/0083 committee report.
The Local Planning Authority has received a third party representation and comments from the Community Council.
The third party representation is copied here in full for Members’ consideration.
1. The change has been classified and treated as a "Non-material amendment". The height of a wind-turbine is clearly a material issue in respect of visual impact. How can an application to reduce the height of a turbine (P/2015/0647) be of material classification but an increase in height not so?
2. Failure to notify concerned parties of the amended proposal thereby failing to activate public consultation. I was a registered objector to the turbine application (P/2014/0110) yet was not advised of this new development. In addition, I would not have been aware even now had I not been a Banwy Community Councillor and received from our Clerk a forwarded copy of your communication dated 20th January. It appears therefore that you did not advise the Community Council in time to receive their views before you had already placed the item on the Planning Committee Agenda with a recommendation to consent.
3. The increased height of the turbine will worsen the visual impact when other measures (including revised siting) are available to mitigate that impact.
4. The grid co-ordinates of the proposed amended turbine are not identical to the planning consent for the original application (P/2014/0110).
1 Page 23 The comments from the Community Council also copied in full:
I don't seem to have had a notification of this previously to enable us to discuss it at our Community Council meeting. Can I please request that the application be deferred to a later Planning Meeting so that we and any concerned individuals have an opportunity to consider their response?
We now have three separate planning applications in the system related to the consented 2014 turbine:
This one seeking to increase the turbine size. P/2015/1156 seeking to build a sub-station to get the electricity out. P/2015/1146 seeking to erect a second turbine at the same height as this latest application requests.
Can I also request that all three should be organised to come before the Planning Committee at the same time when public consultation is properly completed so that the whole project can be scrutinised?
Consideration of the points raised
1. The nature of the application
There is no statutory definition of a ‘non-material amendment’. This is because it depends on a number of factors such as the context of the overall scheme, the amendments being sought to the original planning permission, the specific circumstances of the site and surrounding areas, which will vary from one application to another. What may be nonmaterial in one context may be material in another.
The responsibility for determining whether a proposed change is non-material lies with the local planning authority. The Local Planning Authority must be satisfied that the amendments sought to the planning permission are non-material in nature and can therefore be determined as an application under Section 96A of the TCPA 1990.
Planning application P/2015/0647 - Section 73 application to vary condition 2 of planning approval P/2014/0110 to reduce turbine height to 48.01 metres to blade tip height and 30.52 metres to hub height, was withdrawn by the applicant and not determined by the Planning Authority. The decision to submit the variation of this scheme under a section 73 application was made by the agent and not the Local Planning Authority and does not implicate the decision making of the Authority under this application. It also does not mean that the proposal for a reduction in height of the turbine could not have been made lawful under a section 96A should the agent have submitted such an application.
2. Consultation Procedure
As this application was made under Section 96A of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 (DMPWO) which is not an application for planning permission, the existing DMPWO provisions that relate to statutory consultation and publicity do not apply. Welsh Government Guidance (Approving Non- material Amendments to an Existing Planning Permission 2014) advises that local planning
2 Page 24 authorities have discretion in whether and how they choose to inform other interested parties or seek their views.
When considered in the context of the overall scale of the turbine, the proposed 2.9 metre increase would not be readily apparent to the casual observer when passing the site. Therefore, it is not considered that the revisions to the turbine design would have a materially greater impact than the development already approved as part of application P2014 0110.
For the reasons noted above, it was considered that given the changes sought are of non- material in nature, wider consultation or publicity was not necessary.
3. Visual Impact
Visual impact focuses on the effect of a proposal on visual receptors including views from routes, settlements, public vantage points and private properties together with the sensitivity of these receptors to these impacts. Users of scenic routes, national trails and public footpaths are particularly sensitive to changes in the landscape as this is the reason for visiting, however residents of an area experience a sustained impact.
The visual impact of the consented scheme was considered within application P/2014/0110 and was found to be acceptable in relation to all receptors. It is appreciated that the blades will be 2.9 metres longer, but given the scale of the proposal, this increase is not considered to be significant and will not result in a materially greater harm to any receptors.
4. Correct location of the development
The location of the turbine has not changed nor has been requested by this application. It is acknowledged that there is a discrepancy in the last two decimal points on the grid reference. However this discrepancy arises from plotting method on GiS mapping system.
Grid reference of the approved application P2014 0110 296669.32 – 313367.68
Grid reference of the non-material application NMA2015 0083 296669.12 – 313367.78
The above matters have been taken into account but are not considered to result in a change in original recommendation. ______Case Officer: Eddie Hrustanovic- Swyddog Cynllunio / Planning Officer Tel: 01938 551231 E-mail:[email protected]
3 Page 25 This page is intentionally left blank PTLRW11 - 20162
Planning, Taxi Licensing and Rights of Way Committee Report
Application No: P/2015/1091 Grid Ref: 304532.66 326648.25
Community Llangynog Valid Date: Officer: Council: 09/11/2015 Kate Bowen
Applicant: Mr Mitchell, Llangynog Nant yr Hen Glawdd, Oswestry
Location: Barn opposite Nant yr Hen Glawdd, Llangynog,
Proposal: Conversion of agricultural building to residential/work unit
Application Application for Full Planning Permission Type:
Reason for Committee determination
The minutes of the Planning, Taxi Licensing and Rights of Way Committee meeting of the 8th August 2013 state that any request for change of use for the building would have to come back to the Committee for decision.
Site Location and Description
The building the subject of this application is located on the eastern side of the C2090 highway approximately 1km north west of the village of Llangynog. The application seeks change of use of the stone agricultural building to a residential/work unit. The external alterations would include the installation of flues, installation of roof lights and replacement of doors with glazing.
Consultee Response
Llangynog Community Council
No response received.
PCC Highway Authority
As no highway improvements have been proposed to the existing agricultural access the increase of traffic from an Agricultural barn to residential use will be significant and we therefore cannot support. In addition, the highway network serving the site is of a single track nature which suffers from both horizontal and vertical alignment resulting in restricted forward visibility. No passing bays have been proposed to mitigate the extra traffic using these sub- standard highways.
In view of the above the HA cannot support the application and recommend that the application be REFUSED in the interests of highway safety.
1 Page 27
PCC Contaminated Land Officer
In relation to Planning Application P/2015/1091 the following advice is provided for the consideration of Development Control.
Advice The Planning Application proposal involves the conversion of an agricultural building to a residential end-use.
Former 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’ (2014) advises: “responsibility for determining the extent and effects of instability or other risks remains that of the developer. It is for the developer to ensure that the land is suitable for the development proposed, as a planning authority does not have a duty of care to landowners”.
Therefore, it is recommended that the following Informant is attached to any permission granted for Planning Application P/2015/1091:
Conversion Informant:
The development is identified as being potentially affected by land contamination due to its former agricultural use. Therefore, should any made ground and/or contamination be identified during the development it would be practical to investigate and assess any potential risks, and to inform the Council’s Contaminated Land Officers immediately.
PCC Building Control
Building Regulations application required.
Wales and West Utilities
According to our mains records Wales & West Utilities has no apparatus in the area of your enquiry. However Gas pipes owned by other GT's and also privately owned may be present in this area. Information with regard to such pipes should be obtained from the owners.
Safe digging practices, in accordance with HS(G)47, must be used to verify and establish the actual position of mains, pipes, services and other apparatus on site before any mechanical plant is used. It is your responsibility to ensure that this information is provided to all persons (either direct labour or contractors) working for you on or near gas apparatus.
Please note that the plans are only valid for 28 days from the date of issue and updated plans must be requested before any work commences on site if this period has expired.
2 Page 28 PCC Environmental Health
I would like a location plan of the foul drainage layout which is intended to be used. This should show distances from properties, watercourses and private water supplies.
Is there any previous confirmation that Building Control inspected and/or approved it?
PCC Land Drainage
No response received.
PCC Ecology
Ecological Topic Observations Click here to enter text. EIA Screening No Requirement
There are BIS records of bat species which could be using the existing agricultural building within the surrounding area. It is unclear from the findings in page 2 of the DAS whether an ☒ ecologist has visited the barn to look for evidence of bats in European Species order to deem the building unsuitable.
See comments regarding bats above.
Protected Species & There are also BIS records of barn owls within the surrounding 1 area though no information has been provided within the Habitats UK Species ☒ application to indicate whether a search for owls or other nesting birds has been undertaken.
Please refer to the comments above. No other loss of habitat is Sect. 42 Species & ☒ expected as a result of the proposals. Habitat
Please refer to the comments above. No other loss of habitat is LBAP Species & ☒ expected as a result of the proposals. Habitat
The proposals are located 215m east of the boundary of the Berwyn and South Clwyd Mountains SAC, though no impacts International Sites ☐ Protected Sites upon this site or its features are expected to occur as a result of (within 2km)2 the works.
1 Species records within 1km (minimum). Change distance dependant on project type, scale, etc. 2 Identify International designated site within 2km of the proposals. Consider International sites within 15km of proposals with bats as qualifying features, and 10km with otters as qualifying features if the proposal is likely to affect these features. 3 Page 29 The proposals are located 215m east of the boundary of the Berwyn and South Clwyd Mountains SAC, though no impacts National Sites (within ☐ upon this site or its features are expected to occur as a result of 500m)3 the works.
None identified within the search area Local Sites (within ☐ 500m)
Invasive Non‐Native Unknown Species
Click here to enter text. Cumulative Effect No
Confirmation is needed whether a preliminary ecological surveys has been undertaken at the site by a qualified ecologist. Summary of recommendations / further Otherwise an ecological survey and report should be conducted assessment or work by a suitably qualified person to accompany the application, which should consider potential impacts upon roosting bats and breeding birds as a consequence of the proposal. Click here to enter text. Recommended Conditions
Relevant UDP Policies
Click here to enter text. Comments on Additional Information
Natural Resources Wales
Natural Resources Wales brings together the work of the Countryside Council for Wales, Environment Agency Wales and Forestry Commission Wales, as well as some functions of Welsh Government. Our purpose is to ensure that the natural resources of Wales are sustainably maintained, used and enhanced, now and in the future.
NRW does not object to the proposal, subject to the imposition of the condition in relation to flood risk below.
Protected Species:
3 Any designated sites within 500m of the proposal, extending to 2km dependant on features of interest i.e. wetlands (Powys LDP) 4 Page 30 Bats and their roosts are protected under the Conservation of Habitats and Species Regulations 2010 (as amended) and the Wildlife and Countryside Act 1981 (as amended). We advise that you should consult your internal ecologist with regards to the potential impact of the proposed development on the favourable conservation status of populations of bats.
Should your ecologist advise that further information is required in order to assess the likely impact of the development on bat species, NRW would wish to be re-consulted on the protected species assessments supporting the planning application.
Flood Risk The north-east extent of the site is within C2, as defined by the development advice map referred to under TAN15 Development and Flood Risk (July 2004), and flood risk is confined to the immediate vicinity of the channel.
Given that the built development is a significant height above top of bank (several metres) and in the absence of a flood consequence assessment, we consider the risk could be acceptable subject to the developer being made aware of the potential flood risks, and advised to install flood-proofing measures as part of the development.
We advise that if planning approval is granted, a condition should be imposed which seeks to ensure a 5 metre buffer strip from the watercourse, is secured for the lifetime of the development. This should exclude ground raising and any structures within that zone in order to safeguard against out of bank flows, protect habitat and allow for any natural channel movement.
Waste treatment:
The written consent of NRW or registration for exemption by the developer will be required for any discharge e.g. foul drainage to a watercourse/ditch etc., from the site and may also be required for certain categories of discharges to land. All necessary NRW consents, or exemptions must be obtained prior to works progressing on site.
Any private sewage treatment / disposal facility must be installed and maintained in accordance with British Standard 6297, and Approved Document H of the Building Regulations 2000 (further details may be available from the local authority Building Control Officer). (NB Private treatment facilities are not considered environmentally acceptable in publicly sewered areas).
Landscape:
The proposal is within the Tanat Valley Landscape of Outstanding Historic Interest. While this is not a statutory designation, chapter 6 of Planning Policy Wales (PPW) states that it is a material consideration in the planning process and must be given due regard when reaching a determination. We advise that you liaise with your landscape specialist.
Natural Environment and Rural Communities (NERC) Act 2006:
Please note that we have not considered possible effects on all species and habitats (including nesting birds) listed in section 42 of the Natural Environment and Rural Communities (NERC) Act 2006, or on the Local Biodiversity Action Plan or other local natural
5 Page 31 heritage interests. To comply with your authority's duty under section 40 of the NERC Act, to have regard to conserving biodiversity, your decision should take account of possible adverse effects on such interests. We recommend that you seek further advice from your authority's internal ecological adviser and/or nature conservation organisations such as the local Wildlife Trust, RSPB, etc. The Wales Biodiversity Partnership's web site has guidance for assessing proposals that have implications for section 42 habitats and species (www.biodiversitywales.org.uk).
To conclude, in our opinion, NRW does not object to the proposal, subject to the imposition of the condition in relation to flood risk.
Severn Trent Water
No response received.
Councillor representations
County Councillor Darren Mayor
I can assure you that the opinions of the community council – which I support – would not have changed.
It has always been felt that this build would ultimately end in an application of change of use to a residential building and this is the next step in the process.
Please record my objection to the application. We cannot allow people to circumnavigate their way around the planning procedures in this.
The council has committed as stated in the officers committee report for 2013 that all works on this building will be monitored to ensure that it is used for agricultural purposes only I would request an officer to go and view this building and to report back on their findings of the current use of the building.
I hope this is possible.
Representations
Following display of a site notice, two public representations of support have been received and are summarised as follows:
Economic and community benefits Building is sympathetic in design to surroundings
Planning History
P/2013/0531 - Section 73 application for variation of condition no. 2 attached to planning permission M2007 0790 to allow design changes to previously approved agricultural building (retrospective). Conditional consent 08/08/2013
M/2007/0790 - Erection of an agricultural building. Conditional consent 25/09/2007
6 Page 32
Principal Planning Constraints
Tanat Valley Landscape of Outstanding Historic Interest Mineral Buffer Zone North-east extent of the site is within C2 Flood Zone Nant yr Hen Glawdd and associated farm range are Grade II listed buildings Located 215m east of the boundary of the Berwyn and South Clwyd Mountains SAC
Principal Planning Policies
National Planning Policy
TAN 1 - Joint Housing Land Availability Studies (2015) TAN 5 - Nature Conservation and Planning (2009) TAN 6 – Planning for Sustainable Rural Communities (2010) TAN 15 – Development and Flood Risk (2004) TAN 18 – Transport (2007) TAN 20 - Planning and the Welsh Language (2013) TAN 23 – Economic Development (2014)
Welsh Office Circular 22/87: Development of Contaminated Land Welsh Office Circular 61/96: Planning and the Historic Environment: Historic Buildings and Conservation Areas Welsh Office Circular 10/99: Planning requirements in respect of the use of mon-mains sewerage incorporating septic tanks in new development (1999) Welsh Government Circular 016/2014: The Use of Planning Conditions for Development Management
Local Planning Policy
Powys Unitary Development Plan (2010)
UDP SP3 – Natural, Historic and Built Environment UDP SP14 – Development in Flood Risk Areas UDP GP1 - Development Control UDP GP4 - Highway and Parking Requirements UDP GP5 – Welsh Language and Culture UDP GP6 - Conversion of Buildings in the Countryside UDP DC11 - Non-mains Sewage Treatment UDP DC15 – Development on Unstable or Contaminated Land UDP ENV2 – Safeguarding the Landscape UDP ENV3 - Safeguarding Biodiversity & Natural Habitats UDP ENV7 - Protected Species UDP ENV14 – Listed Buildings UDP ENV16 – Landscapes, Parks and Gardens of Special Historic Interest UDP HP3 - Housing Land Availability UDP MW22 - Buffer Zones
7 Page 33 Affordable Housing for Local Needs Supplementary Planning Guidance (SPG) Approved September 2010, Updated July 2011
RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement
Officer Appraisal
Section 38 (6) of the Planning and Compulsory Purchase Act 2004
Members are advised to consider this application in accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, which requires that, if regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise.
Policy and Principle of development
The key local planning policy for conversion of buildings in the countryside is UDP Policy GP6. This policy is hierarchical and encourages preferred uses, firstly an employment use providing industrial, office or research and development premises; followed by a residential conversion as part of a scheme for economic re-use or as a rural workers dwelling; followed by a residential development to meet a proven need for affordable housing. Only where these uses are proven to be unsuitable will conversions to permanent residential use, holiday accommodation or other tourism, leisure and recreation uses be considered.
Although the description of the application states that the end use would be a live/work unit, the submission seeks to justify the proposal as fully residential use within the last tier of the hierarchy.
UDP Policy GP6 allows two options with which to demonstrate that the first uses in the hierarchy are not suitable. The first is a marketing exercise for a period of at least 6 months and the second is a written justification demonstrating that the first three uses in the hierarchy are impractical. The submission states that the property was advertised to rent for new uses subject to planning approval on the internet from August 2014 to March 2015 without success. In addition, information has been provided which seeks to justify why the first three uses of the hierarchy would be impractical.
In relation to the first use; industrial, office or research and development premises for uses within class B1, the submission indicates that the approach road to the site is of insufficient width to comfortably accommodate larger delivery vehicles. During the site visit, it was noted that the approach road is of single width with limited passing opportunities and would not be suitable for an increase in larger vehicles.
The second use within the hierarchy is for a residential conversion as a subordinate part of a scheme for economic reuse. It is stated that the proposed end use as a work/live unit would meet the spirit of this section of the policy. The applicant derives income from home working with fields of employment including agricultural supply chains, agri-business tourism, rural development and product marketing. In terms of compliance with UDP Policy HP6, the submission indicates that the policy requirements limit occupation of such dwellings to an
8 Page 34 extremely narrow field in this sparsely populated rural area; there being limited demand. Whilst the proposal would include an element of home working with one room indicated to be a home office, it is not considered that the proposal would strictly comply with this part of the policy because the residential element would not be subordinate, rather the economic part would be subordinate. In terms of use as a rural workers dwelling, it is accepted that the land surrounding the building is not of sufficient scale to support a functional need for a rural enterprise worker and the land is not related to a farm holding.
The submission indicates in relation to the third use in the hierarchy; a residential development to meet a proven local need for affordable housing that the sparse population makes such occupation limited. In addition, it is noted that the internal floor space would exceed the 130 square metres size restriction advised within the Council’s Affordable Housing SPG, being approximately 200 square metres. Given the isolated location of the site which would be necessitate travel by car, the size of the proposed accommodation it is considered that the provision of an affordable dwelling cannot be insisted upon in this instance.
It is accepted that conversion into one of the uses in tiers I to III are impractical and therefore conversion to permanent residential use, holiday accommodation or other tourism, leisure and recreation uses can be considered. On the basis of the discussion above, it is considered the principle of the proposed use could not be resisted and consideration of the remaining requirements of UDP policy GP6 and other planning considerations.
Bona fide use
Where a building is an agricultural building, part B of UDP Policy GP6 requires conversion and re-use proposals to have a history of bona fide agricultural use. Furthermore, the preamble to Policy GP6 states that Conversions of modern buildings to new uses will only be permitted where the Council is satisfied that they have been used legitimately for the purpose for which they were originally constructed. For instance, favourable consideration is unlikely to be given to alternative uses for agricultural buildings that have been constructed for less than five years.
The original permission gained under M/2007/0790 was for the relocation of an existing agricultural barn to the site. During construction Development Management was made aware that the building was not being built in accordance with the approved plans. Different openings had been created, brick quoins to the openings applied and dormer windows installed. Due to the high specification, internal layout and the amended design, the proposed use of the building was questioned with the owner and Development Management reiterated that a condition attached to permission M/2007/0790 restricted the use of the building for agricultural purposes only. The owner confirmed that the building’s use would be for agricultural purposes only.
As a result of this correspondence, the owner agreed to remove the dormer windows. The amended openings, amended roof pitch and brick quoins were regularised by consent granted by Committee under reference P/2013/0531. The P/2013/0431 consent was also granted subject to conditions restricting the use of the building to agricultural purposes only as defined by Section 336 of The Town and Country Planning Act 1990 and clarifying that the dormer windows did not form part of the approval. For Members’ information, Section 336 of The Town and County Planning Act 1990 defines agriculture as:
9 Page 35
‘agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly’
The Local Member has raised concern over the use of the building. No access inside the building was available during the site visit, however, it was noted that the land surrounding the building has the appearance of grazing land, although there was no livestock on the land at the time of the visit. However, it should be noted that the case officer did not find any evidence during the site visit that the site and building is being used for other purposes. The applicant’s agent has supplied further information on the use of the building and land where it is stated that the applicant has a grazing agreement in place until 3 years ago. More recently, the applicant has been continuing the agricultural use with ad hoc sheep grazing. The applicant also embarked upon a lavender growing/drying/processing business, however, the business did not come to proper fruition due to funding problems. It is also stated that orchard trees have been planted and the whole site is a registered smallholding with a holding number having been provided.
Photographs within the 2013 file indicate that during the case officer’s site visit in the summer of 2013, although the shell of the building had been constructed (walls and roof), the building had not been completed. On the basis of this evidence, the building has not been constructed for more than 5 years as referred to within the preamble to UDP Policy GP6. Therefore, it is considered that the building does not have a bona fide agricultural use contrary to paragraph 1 of Part B of UDP Policy GP6.
Replacement buildings
There is no indication that the proposal would lead to pressure for the erection of replacement buildings and as such it is not considered that permitted development rights would need to be withdrawn for new buildings.
Structural condition and size
Part 3 of Policy GP6 requires the building being of a suitable size and structurally sound and capable of conversion without significant rebuilding or the need for major alterations or extensions.
A Structural Survey has not been submitted, however given that the building was recently re- built and taking into account the visual appearance of the building, it is considered that the building is structurally capable of conversion without significant rebuilding.
It is not proposed to extend the building or significantly alter the external appearance of the building (installation of flues, installation of roof lights and replacement of doors with glazing). The resulting dwelling would be three bedroom dwelling with ample accommodation.
Overall, it is considered that the building is of a size and condition capable of use as a residential dwelling in accordance with part 3 of UDP Policy GP6.
10 Page 36
Design and impact upon character and appearance of the landscape and surrounding environment
In considering proposals for conversion of buildings, good design seeks to retain the character and appearance of the building as far as possible and advises that domestic additions and features should be avoided. It is noted that the proposal introduces two flues and roof lights which are domestic features, however in consideration of the overall design, it is considered that the proposal would not have a detrimental impact upon the character and appearance of the building in accordance with UDP Policy GP6. Permitted development rights could be removed by condition to ensure that the property was not extended or altered in the future without applying for planning permission and ensuring that development is sensitive to the character of the building.
The proposal indicates that the existing roadside hedgerow would be cut back and reduced in height but would be retained. The submission also indicates new tree planting outside of the application site boundary to the north west corner of the application site. It is considered that additional landscaping measures would not be required but in order to ensure such treatments are appropriate to the rural location, a condition could attached to remove permitted development rights for fences etc.
Overall, it is considered that subject to the conditions discussed above, the conversion and design of the proposal is acceptable and would not have an unacceptable adverse effect on the character and appearance of the landscape and surrounding environment in accordance with UDP Policy GP6.
Housing Land Supply
Planning policy (TAN1 and UDP HP3) states that the Council needs to have a five year supply of land available for housing. The Powys Joint Housing Land Availability Study (2015) concludes that there is 1.9 years of housing supply. Members are advised that housing supply is a material consideration that should be given considerable weight in the determination of this application and balanced against compliance with national planning policies as set out within Section 6.2 of TAN 1:
‘The housing land supply figure should also be treated as a material consideration in determining planning applications for housing. Where the current study shows a land supply below the 5-year requirement or where the local planning authority has been unable to undertake a study, the need to increase supply should be given considerable weight when dealing with planning applications provided that the development would otherwise comply with development plan and national planning policies’.
Therefore, the 1.9 years of Powys housing supply is a material consideration which should be given weight for this proposal, however it is also noted that the site is not located within a settlement and as such would not be considered to be a sustainable form of development. However it will need to be weighed against the other material considerations and national and local planning policies.
Impact upon heritage assets
11 Page 37 Historic Landscape
The site is located within the Tanat Valley Landscape of Outstanding Historic Interest. The register describes the landscape as a narrow lowland river valley situated between the Berwyn Mountains and the Montgomery Hills, containing diverse evidence of land use from prehistoric to recent times. Given the scale of the proposal and that the extenral appearance of the building would not be significantly aletered, it is considered that the protection of the special ghistoric interest of the historic landscpae would be prejudiced in accordance with UDP Policy ENV16.
Listed Buildings
Nant yr Hen Glawdd dwelling and the barn to the front of the dwelling are both grade II Listed buildings. The dwelling was listed because it is a minor late vernacular farmhouse with has retained its character; the house of a small upland farmstead and for its group value with the farm range. The farm range was listed as a multi-purpose farm range typical of small upland farms and for group value with the dwelling.
The building the subject of the application is located approximately 22 metres distant from the listed farm building, across the highway and sits at a lower level that the Nant yr Hen Glawdd complex. Taking these factors into account, it is considered that the proposal would not unacceptably adversely affect the setting of the identified listed buildings in accordance with UDP Policy ENV14.
Amenity
The nearest neighbouring property is located at Nant yr Hen Glawdd, across the highway. Given the distance of this dwelling and the lower level of the building the subject of the application, it is considered that the proposal would not unacceptably adversely affect the amenities enjoyed by neighbouring properties in accordance with UDP Policy GP1 and paragraph 5 of Policy GP6.
Highway access and parking
The submission does not include any improvements to the existing access off the C2090 highway. The C2090 highway is a single width highway with limited passing places.
The Highway Authority has advised that as no highway improvements have been proposed to the existing agricultural access and that the increase of traffic from an agricultural barn to residential use would be significant, the proposal is not supported. In addition, it has been advised that the highway network serving the site is of a single track nature which suffers from both poor horizontal and vertical alignment resulting in restricted forward visibility. No passing bays have been proposed to mitigate the extra traffic using these sub-standard highways.
Overall, it is considered that the proposal would not make adequate provision for highway access, particularly in respect of visibility and passing contrary to UDP Policy GP4.
Ecology
12 Page 38 The submission is not accompanied by an ecological survey, particularly in respect of the potential impacts upon roosting bats and breeding birds. Advice received on behalf of the Council’s Ecologist has advised that there are records of bat species which could be using the existing agricultural building within the surrounding area. The submission states that there should be no impact upon existing wildlife and there is no evidence of bat use (shutters, modern felt roof) within the building, however bat boxes can be installed.
Advice received on behalf of the Council’s Ecologist recommends that an ecological survey and report should be conducted by a suitably qualified person to accompany the application, which should consider potential impacts upon roosting bats and breeding birds as a consequence of the proposal.
Taking into account the advice received on behalf of the Council’s Ecologist together with that of local and national planning policy and guidance, it is considered that the proposal does not provide sufficient information to enable an assessment of the potential impact upon protected or rare wildlife species contrary to UDP Policy GP6 and ENV7.
Foul drainage
Planning policy encourages mains disposal of foul sewage unless such connection is not physically possible or acceptable. Given the location, mains connection is not considered possible and it is proposed to use an existing septic tank indicated to be located to the north west of the building. It is stated that the septic tank was installed as part of a scheme to convert the listed barn at Nant yr Hen Glawdd. The planning file for that scheme and the Building Control records indicate that the septic tank for that scheme would be located to the north of the listed barn, rather than at the location identified on the submitted plan. In addition, the details of the septic tank have not been supplied.
Given that the full details of the septic tank have not been submitted for consideration and taking into account the advice from the Environmental Health department, it is considered that insufficient evidence has been submitted to demonstrate that an adequate means of foul drainage would be provided contrary to UDP Policy DC11.
Economic benefits
Public representations have referred to the economic benefits of such schemes in supporting local businesses and providing trade to local businesses. These benefits are recognised, however they are not considered to outweigh the lack of a bona fide use and the other reasons for refusal.
Flood Zone
Natural Resources Wales have advised that the north-east extent of the site is located within the C2 flood zone, as defined by the development advice map referred to under TAN15 Development and Flood Risk (July 2004). However the flood risk is confined to the immediate vicinity of the watercourse channel. They have further advised that given that the built development is a significant height above the top of the bank (several metres) and in the absence of a flood consequence assessment, they consider the risk could be acceptable subject to the developer being made aware of the potential flood risks, and advised to install flood-proofing measures as part of the development.
13 Page 39
The have also advised that if planning approval is granted, a condition should be imposed which seeks to ensure a 5 metre buffer strip from the watercourse, is secured for the lifetime of the development. This should exclude ground raising and any structures within that zone in order to safeguard against out of bank flows, protect habitat and allow for any natural channel movement.
Members will be aware that UDP Policy SP14 and TAN15 stipulate that highly vulnerable development such as residential development should not permitted in the C2 flood zone. However, given that the building itself is not within the flood zone and the advice provided by Natural Resources Wales, it is considered that the proposal is acceptable in this respect subject to the use of the recommended condition.
Mineral Buffer Zone
The application site is located within the south western edge of the mineral buffer zone of the Pen-y-Graig and Pen-y-Parc Quarries. These quarries are located to the north and south of the village of Llangynog. Specifically, the site is located within the buffer zone of the northerly quarry. The operational status of these quarries is listed as dormant within the UDP and it was noted during the site visit that there is limited evidence of recent activity at the northerly quarry.
UDP Policy MW22 states that within buffer zones, proposals that are likely to be incompatible with the mineral working operation will form the subject of rigorous examination and proposals that would be unacceptably adversely affected or prejudice the mineral working operations will be refused.
Residential development is a proposal that may be incompatible with mineral working operations due to amenity issues. However, in consideration of the operational status of the quarries, the location of the site on the edge of the buffer zone, the scale of the proposal for a single dwelling and that there are other scattered residential properties closer to the quarry, it is considered that the proposal would not be unacceptably adversely affected by the listed quarries or would prejudice the mineral workings in accordance with UDP Policy MW22.
Welsh language
The submission indicates that the applicant family have attended the Welsh language streams at the local schools. The applicant’s tenancy is about to expire on their current dwelling and the proposal would enable them to continue residing in the locality.
Within the UDP, Llangynog is listed as a settlement where the Welsh language has been identified as being important to the social, cultural and community fabric. Whilst the importance of the language in the settlement is recognised, it is not considered that this matter overrides the other material considerations.
Contaminated Land
The Council’s Contaminated Land Officer has advised that former barns and agricultural land could contain potential sources of contamination depending on what they were used for in the past such as: pesticides, fuels and oils, slurry tanks and pits, fire sites, animal burial pits or
14 Page 40 other buried waste, fertiliser, sheep dip pits, asbestos, old machinery, waste chemical drums and ammunition. The recommended informant could be included if consent was recommended.
Recommendation
Whilst the benefits of the proposal are recognised in terms of economic and community benefits together with the provision of a single dwelling where the Council has a shortfall in housing land supply, it is considered that the building does not have a bona fide agricultural use and as such the proposal is contrary to UDP Policy GP6. In addition, the proposal would not provide an adequate means of access or foul drainage and the potential impact on protected wildlife species cannot be assessed. Therefore, the recommendation is one of refusal.
Reasons
1. The building does not have a history of a bona fide agricultural use contrary to Technical Advice Note 6 - Planning for Sustainable Rural Communities (2010) and Policy GP6 of the Powys Unitary Development Plan (2010).
2. The proposal does not make adequate provision for highway access, particularly in respect of visibility and passing, contrary to Planning Policy Wales (Edition 8, January 2016) and Policy GP4 of the Powys Unitary Development Plan (2010).
3. Insufficient evidence has been submitted to demonstrate that an adequate means of foul drainage can be provided contrary to Planning Policy Wales (Edition 8, January 2016), Welsh Office Circular 10/99 - Planning requirements in respect of the use of mon-mains sewerage incorporating septic tanks in new development (1999) and Policy DC11 of the Powys Unitary Development Plan (2010).
4. Insufficient information has been submitted to enable assessment of the potential impact upon protected wildlife species contrary to Planning Policy Wales (Edition 8, January 2016), Technical Advice Note 5 - Nature Conservation and Planning (2009) and Policies GP6 and ENV 7 of the Powys Unitary Development Plan (2010).
______Case Officer: Kate Bowen- Planning Officer Tel: 01938 551268 E-mail:[email protected]
15 Page 41 Page 42 PTLRW11 - 20163
Planning, Taxi Licensing and Rights of Way Committee Report
Application No: P/2015/0760 Grid Ref: 311505.78 302524.92
Community Manafon Valid Date: Officer: Council: 14/09/2015 Dunya Fourie
Applicant: Severn Trent Water Limited
Location: Land Adjacent to Manafon Sewage Treatment Works, Manafon, Powys SY21 8BL
Proposal: Change of use of land to sewage treatment works including erection of kiosk, rotating biological contactor (RCB) reed bed and associated works.
Application Application for Full Planning Permission Type:
The reason for Committee determination
The proposed development has been called in for Committee consideration by the local County Councillor.
Site Location and Description
The site adjoins Manafon to the north east. The site is a greenfield site, currently comprising agricultural land which is bounded by the River Rhiw to the south, residential dwellings are located in proximity to the site to the north and west, the nearest non associated dwelling is approximately 25 metres from the proposed site. The site access is off the B4389 via the single track private access road adjoining the site to the north east, this access is also used by residential dwellings to the east and north. The site is within 200 metres of The Grange, which is a Grade II Listed Building.
It is acknowledged that the applicants; Severn Trent Water Limited (STWL), has statutory responsibilities for the provision of water and sewerage services. As part of STWL’s Asset Management Plan, this application seeks full planning consent for the relocation of the existing sewage treatment works at Manafon. STWL confirm this relocation is required in order to accommodate growth in sewage capacity as required in the local area.
The Design and Access statement submitted with the application states the existing sewage treatment works (STW) is currently running beyond its operational capacity and does not comprise enough land for the necessary provision of new sewerage equipment to accommodate future growth. The relocation of the existing STW would allow decommissioning of the existing sewage equipment, and their subsequent relocation to the proposed site. The applicant states the proposed site is of an appropriate size to accommodate the relocated equipment in addition to the associated upgrades.
1 Page 43 In addition to the relocate infrastructure, the proposal includes the following additional infrastructure:
Reed bed (20.5m x 15m x 1.5m) Rotating biological contactor (RBC) (10.3m x 4.3m) Glass reinforced plastic control kiosk (6.3m x 2.8m x 3m comprising a total area of 17.6m2) Sewerage pumping station
Consultee Response
Local Member-County Councillor Joy Shearer
I would like the Planning Committee to determine this application.
Reason
In the interest of the adjoin neighbours and the wider community in general.
Manafon Community Council
Manafon Community Council and the local community are supportive of the need for a new sewage plant, however both MCC and local residents object unequivocally to the proposed siting contained within the planning application.
Rationale:-
Principle Objections:-
MCC consider the proposed scheme would be restrictive to any expansion of dwellings in the village or applications to connect from existing dwellings not currently connected , the capacity is barely adequate for existing load and therefore totally inadequate and not futureproofed, the current plan does not incorporate the area of the village known as The Green which currently has a proliferation of septic tanks and, should the caravan park who have declared an interest in being connected (+/- 110 dwellings) it therefore fails the local catchment area. MCC preferred site for this proposal is to the east of the current proposal and was suggested to STW in May 2012 but appears to have been disregarded by STW. This preferred site would allow for future expansion, require less costly screening and landscaping and no reprofiling of land to accommodate NRW requirements of maintaining river flood overflow capacity, surely this long term benefit and cost saving must be considered along with fact that MCC and the local community would fully support plans for the installation at the preferred site. ( Note:- the MCC preferred site is not the Option 2 as indicated in STW proposal) Even the most modern design and efficient sewage treatment system (as proposed) requires intervention and gives off distinctive sewage odours when emptied or disturbed for maintenance, this was confirmed at recent site meeting by STW project Manager. How can this be an acceptable imposition on residents who live just a few metres away from unit? No matter how few planned or unscheduled disturbances of sewage systems a year becomes the reality by STW MCC would still consider it an unacceptable proposal to inflict on those residents directly affected.
2 Page 44 Insufficient consultation with local community, denoted by the fact that MCC were never invited to a meeting organised on 9th May 2012 and was only made aware at the time by a local resident; furthermore, at the site meeting on the 21st September it transpired that there had been no direct consultation with the owners of the caravan park. Manafon Community Council fully understands the need to get this decision absolutely right because of the long term impact on future development of Manafon village and surrounding community. The local community is united in its objection to the proposed STW placement of sewage facility because it will affect not just current but also future generations for years to come, the above points are backed up by the Local Planning Policy, clearly STW are looking for quick fix at cheapest option. This decision should be taken with clarity of vision that will enhance the desirability, character, beauty and potential of our community and not let the sewage treatment become its central focal point. GP1 Development Control – It is the view of MCC and the community that the proposed planning application is contradictory to this and that it has an adverse and undesirable impact on local properties and has the propensity to devalue properties particularly those in close proximity to the site. Properties would be subjected to the risk of odours and influxes of flies and mosquitoes etc potentially posing health risks to the community. ENV2 Safeguarding the landscape – MCC consider that the site proposed in the planning application contravenes this aspect of the LDP and that there will be an adverse impact on the landscape and the amenity and due to the proximity of the plant to residential properties there is the potential to jeopardise the longevity of the Wellingtonia trees adjacent to The Grange property. There is a historical interest to be considered, particularly as Powys CC is keen to encourage tourism to the area. The Grange or Rectory as it was called is quite a tourist attraction because of its association with RS Thomas the poet who was the Vicar of Manafon for number of years. Local residents are often asked by strangers as to where be the old Rectory. The character and setting of where this gentleman lived is hardly going to be enhanced by an industrial building situated next to his old house, which represents another argument for the MCC preferred site. STW have been found to be seriously wanting in terms of the level of consultation with the community, degree of consultation has been wholly inadequate in fact it should be stated that no meaningful consultations have taken place prior to the public meeting organised by MCC on the 24th June 2015. MCC wish to ensure the views and opinions of the local community in respect of this application are suitably and accurately reflected.
In order to redress this, MCC insisted on a public meeting/opportunity for consultation between the community and STW which took place on the 24th June 2015, it is our opinion that the current planning application does not take into account any of the opinions, concerns and suggestions of the community and Council and clearly have not taken on board any of the points raised and discussed at the public consultation prior to submitting their application. This can be illustrated by looking at the site options set out in the application, at no point has Option 2 (see under alternative options) been offered up to MCC before, during or subsequent to the June meeting and to the site meeting convened in 21st September 2015, the planning application is the Councils first knowledge of it.
Natural Resource Wales
Letter of 2nd November 2015
3 Page 45 NRW has reviewed the FCA that supports the application and objects to the application as it is not risk to the developer, their customers and third parties is acceptable. It has also not been demonstrated that the facility can be operated and maintained during a flood event. At this stage it would appear that the implication of these issues are likely to be that the tolerable conditions described in Paragraphs A1.14 and A1.15 of Tan15 cannot currently be met, in which case development should not be permitted.
Flood Risk
The application site lies almost entirely within Flood Zone C2 as defined by the Development Advice Map (DAM) referred to in Technical Advice Note 15: Development and Flood Risk (TAN15). NRW flood map information which is updated at a quarterly basis confirms the site to be within the 1% (1 in 100 year) and 0.1% (1 in 1000) annual probability fluvial flood outlines of the River Rhiw, a designated non-main river.
As your authority will also be aware, in accordance with TAN15, the development category is regarded as highly vulnerable. The TAN states that such developments should not be permitted within zone C2.
We have provided the applicants with pre-application advice with regards to the flood risks associated with this proposal and we refer to those comments below where relevant. We have reviewed the Flood Consequence Assessment (FCA) dated July 2015 that supports the application and have the following comments to make on that Assessment. Our pre- application advice noted that any FCA submitted in support of the application would need to provide assurance that the standard of service offered by the new facility is acceptable to the developer, their customers and third parties; and that the facility can be operated and maintained during a flood event.
The FCA has roughly estimated a flood level which has predicted that parts of the site could flood to depth levels in excess of 2 metres. It is considered that such findings requires a detailed 2D hydraulic model to be carried out in order to demonstrate that the development and third parties are safeguarded from flood risk.
Our pre-application advice noted that the River Rhiw does not benefit from detailed hydraulic modelling. We advised a phased approach to flood risk assessment incorporating collation of historic information. The FCA as presented does not include any historical information.
The Flood Map in this area consists of generalised JFLOW data which are acceptable for national mapping. We are satisfied that the JFLOW outputs are representative without taking into account more detailed factors including channel capacity, floodplain roughness, updated hydrology and influential structures. However, for a detailed project, the assumptions of the JFLOW data need to be accounted for by information including updated hydrology estimates and detailed modelling to understand the level of flood risk posed to the site.
Any hydraulic model prepared should take into account the guidance included in GPG 101 Good Practice for Flood Models and Flood Consequence Assessments.
In addition should any ground re-profiling works be proposed, a hydraulic model should also be prepared for this work in order to understand how the work affects flood flows and third parties.
4 Page 46
We also refer the Authority to paragraphs 7.7 and 7.8 of TAN15 which identifies that the effect of flooding on water or sewerage infrastructure could have catastrophic effects on public health and the environment by resulting in the contamination of potable water, or the mixing of sewage with flood water. Flood water could enter the public sewerage systems with little control and the combination of sewerage and flood water would affect properties and the environment. Paragraph 7.8 goes on to note that development proposals on or adjacent to land that may be affected by contamination can have implications for water quality during times of flood.
There is also a risk that the location of this development could lead to a loss in flood storage and impact on flood flow routes which could be significant due to the proximity of caravans and residential properties. As such the preference of NRW would be for the entire development proposed to be located outside a recognised flood plain and areas that could be at further risk of flooding as a consequence of climate change.
It is noted that the Design and Access Statement includes details of alternative sites. In terms of sites 1 and 2 neither of these sites have flood risks.
To summarise, it is not considered that the information as presented demonstrates that the consequences of flooding from the proposed development can be acceptably managed and therefore we are unable to offer specific comments on compliance of the development with tables A1.14 and A1.15 of TAN15.
Prior to requesting the further information requested above, it is considered that your authority should consider whether the development could be justified under the TAN15 criteria.
Notwithstanding our objection on flood risk grounds, the applicant should also be made aware of the following comments relating to other aspects of the proposal:
Protected Species
A preliminary Ecological Appraisal prepared by Hyder dated 11th February 2014 and Level 2 – Ecological Constraints Assessment dated June 2015 supports the planning application. The survey includes the results of a field study undertaken in January 2015.
It is noted that the field study was undertaken outside the optimal survey periods.
The report identifies that the majority of the work will be contained within an area of improved grassland with low ecological value. However the work will also involve the removal of a section of species-poor hedgerow, excavations near mature trees and working near an existing outfall into the Afon Rhiw.
Bats
Bats are protected under the Wildlife and Countryside act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010 (as amended).
5 Page 47 The report confirms that all existing mature trees on site are to be retained. To avoid damage to the mature trees on site as identified in the report any excavations should avoid the Root Protection Zone. Any excavations required within the protection zone should be done by alternative digging methods as noted and advice sought from an aboriculturalist.
In addition and as identified a lighting plan for the scheme should be subject of condition imposed on any planning permission, with details of such a scheme to be approved to the satisfaction of the LPA. All forms of lighting should be directed away from hedgerows and river corridors.
Subject to above we are satisfied that the proposal will not have a detrimental impact on the maintenance of the favourable conservation status of bats.
Should any bats be found during the work, all work should stop immediately and NRW contacted for further advice.
Otters
Otters are protected under the Conservation of Habitats and Regulations 2010 (as amended).
The report confirms that there is a record of otter on the River Rhiw located on the southern boundary of the application site and a further two records of otter holts within 1km of the site, also on the River Rhiw. No signs of otter were recorded during the survey and no holts were recorded. The river is confirmed as likely to be used by foraging and commuting otters.
As recommended in the report, reasonable avoidance measures should be implemented to ensure that the work does not have a detrimental effect on the favourable conservation status of otters. These should include ensuring that any trenches left open overnight include a means of escape. The RAMS should be subject of a condition of any planning consent given for the development with the details being to the satisfaction of the LPA.
The survey confirms that any changes to the outfall of the River Rhiw may impact on otters. We therefore recommend that an otter survey is undertaken should any works be proposed that would change the existing outfall. Should the survey confirm that otters are using the watercourse then would expect the applicant to propose and deliver appropriate mitigation and/or compensation schemes, along with Reasonable Avoidance Measures, to ensure the favourable conservation status of the species is maintained.
Please note that a derogation licence may be required for the development to proceed if it is confirmed that the development may impact on the favourable conservation status of otters.
Subject to above we are satisfied that the proposal will not have a detrimental impact on the maintenance of the favourable conservation status of bats.
Invasive Species
Prior to commencement and during construction methods must be put in place to avoid the spread of Invasive Non Native Species (INNS) listed under Schedule 9 of the Wildlife and
6 Page 48 Countryside Act 1981 (as amended). We advise that this information is presented under condition as a Biosecurity Risk Assessment.
Natural Environment and Rural Communities (NERC) Act (2006)
Please note that we have not considered possible effects on all local or regional interests, including those relating to the upkeep, management and creation of habitat for wild birds. Therefore, you should not rule out the possibility of adverse effects on such interests, which would be relevant to your Authority’s general duty to have regard to conserving biodiversity, as set out in section 40 of the Natural Environment and Rural Communities (NERC) Act (2006). This advice includes any consideration of the planned provision of “linear” and “stepping stone” habitats as defined in Article 10 of the Habitats Directive.
To comply with your authority's duty under section 40 of the NERC Act, to have regard to conserving biodiversity, your decision should take account of possible adverse effects on such interests. We recommend that you seek further advice from your authority's internal ecological adviser and/or third sector nature conservation organisations such as the local wildlife trust, RSPB, etc. The Wales Biodiversity Partnership's web site has guidance for assessing proposals that have implications for section 42 habitats and species (www.biodiversitywales.org.uk).
Permit Requirements
The proposal will require an Environmental Permit under the Environmental Permitting Regulations 2010, from Natural Resources Wales. The applicant is advised to contact Natural Resources Wales on 0300 065 3000 for further advice and to discuss the issues likely to be raised. The applicant should be aware that a permit may not be granted. Additional guidance on 'Environmental Permitting' can be accessed: https://www.gov.uk/environmental-permit-check-if-you-need-one
The grant of planning permission does not permit activities that require consent, licence or permit under other legislation. It is the applicants responsibility to ensure that all relevant authorisations are obtained before any work commences on site.
Pollution Control
All appropriate pollution control measures should be adopted to ensure that the water environment (both groundwater and surface water) is not polluted. If in any doubt contact NRW.
Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filing points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filing points and tank overflow pipe outlets should be detailed to discharge downwards into the bund.
7 Page 49 Any waste excavation material or building waste generated in the course of the development must be disposed of satisfactorily in accordance with duty of care requirements under section 34 of the Environmental Protection Act 1990. The waste shall be transported using registered waste carriers to suitably permitted or exempt sites. Transfer notes shall be kept for each load for a minimum of 2 years.
To conclude NRW objects to the proposal. The proposal constitutes highly vulnerable development within Zone C2 of the Development Advice Map (DAM) contained in TAN15. The TAN states that such developments should not be permitted within zone C2.
NRW has reviewed the FCA that supports the application and it is not considered that the flooding consequences in terms of risk to the developer, their customers and third parties is acceptable. It has also not been demonstrated that the facility can be operated and maintained during a flood event. At this stage it would appear that the implication of these issues are likely to be that the tolerable conditions described in Paragraphs A1.14 and A1.15 of TAN 15 cannot currently be met, in which case development should not be permitted.
If your Authority wishes to approve the application despite the concerns which NRW has expressed, I would be grateful for a further opportunity to discuss the application prior to the issue of a formal decision notice. In the context of such discussions it would be useful for NRW to be advised of all material considerations which are influencing the determination of the application.
Such a request is made in accordance with TAN 15 - 'Development and Flood Risk'. NRW routinely reports to the Welsh Assembly Government instances in which its advice has not been accepted by Local Planning Authorities. As such, if planning permission is granted, you are asked to provide NRW with a copy of the Committee report, relevant Committee minutes and the decision notice.
Letter of 16th November 2015
TAN 15 C2 Flood Zone
The proposal constitutes a replacement sewerage treatment works, the majority of which lies within Zone C2 of the Development Advice Map (DAM) associated with TAN15. The Flood Consequences Assessment (33311.BNI/WTD/01B21 July 2015) prepared by Mott MacDonald asserts that the proposal is highly vulnerable development (4.1 Summary). NRW has accepted this interpretation as their consideration that the proposal falls within the category of a waste disposal site (Table 2 of Tan15), rather than utilities infrastructure (less vulnerable development).
Notwithstanding the vulnerability status, the principle and policy decision with respect to accepting applications within Zone C2 lies with the local planning authority. Any NRW objection will be based on whether the flooding consequences are acceptable and meet the requirements of TAN15.
Pre Planning Advice
It is of some concern that at the pre-application stage of proposals, we were not made aware that there were multiple alternative sites being considered and neither were we
8 Page 50 consulted on the Site Options Assessed (Drawing No. A4S00224-SK00001). Had NRW been involved in the site options appraisal, a sequential assessment of the sites in flood risk terms could have been carried out in order to help inform the appraisal.
Your correspondence includes a “Record of telephone conversation” note between Natalie Newtown (Agent) and Peter Evans (NRW Officer). Had this “record” been shared following that telephone conversation, then this may have avoided any confusion, as we do not consider this “record” to be an entirely accurate reflection of the discussions.
Neither were NRW given the opportunity to comment on a draft FCA prior to submission of the planning application.
Food Consequences Assessment
We maintain that NRW has reviewed the FCA that supports the application and as previously confirmed, we do not consider that the flooding consequences in terms of risk to the developer, there customers and third parties have been demonstrated to be acceptable. It has also not been demonstrated that the facility can be operated and maintained during a flood event. At this stage it would appear that the implication of these issues are likely to be that the tolerable conditions described in Paragraphs A1.14 and A1.15 of TAN15 cannot currently be met.
As the application is for replacement of the existing facility, the reason for our objection is not necessarily that the FCA fails A1.14 and A1.15 of TAN15 but our objection is due to the fact that the FCA has included an approximate flood level for design purposes without considering what standard of protection the proposed mitigation provides.
As there are ground re-profiling works proposed, hydraulic modelling would provide all parties with a better understanding of how flood flows and how third parties could be affected. The flood depths on site could be significant. The FCA as submitted, does not provide any assurance that the calculated flood depths are accurate or that the mitigatory ground works would not alter the flood regime.
The FCA states that the preferred solution is contiguous with the flood plain, which will enable the new compensatory area to function effectively due to good hydraulic connectivity. Such a statement could be acknowledged in areas where highly vulnerable development was not nearby and changes in flow paths would be insignificant in isolation. However, in this case, caravans and houses are nearby and their occupants should be re- assured regarding potential impacts on flood flows. This is not possible without further detailed analysis.
Section 3.2.1 of the FCA states “To complete the assessment in line with TAN 15, the current day 1 in 1000 year flood level was estimated and ten used as a proxy for the future 1 in 100 year flood level inclusive of an appropriate allowance for climate change. “NRW has indicated that this methodology is appropriate in lieu of detailed hydraulic modelling and considering the scale, nature and purpose of the proposed development.”
This Section would only be appropriate where initial findings suggested that depth of flooding was shallow; in such circumstances, detailed modelling may not have been considered proportionate. However, the FCA has demonstrated that the flood depths are
9 Page 51 potentially in excess of 2 meters. Given this significant depth of flooding we consider that further investigation is necessary in order for NRW to make informed response.
Overcoming NRW objection
The FCA has estimated a flood level which has predicted that parts of the site could flood to greater than 2 meters. In the absence of a detailed 2D hydraulic model, this estimated significant depth of flooding should be further investigated, by a suitably qualified engineer in order to provide calculate/engineered reassurances of the following matters;
-That the proposed site is protected from flooding, to a greater degree that the existing facility; -That the proposed site is protected from flooding, to a greater degree than the existing facility; -That the proposed site would be fully operational during a flood event; -That the proposed mitigation measures do not cause/increase any existing flood risk to third parties.
Currently, we do not accept that the estimated calculations sufficient demonstrate that the flood depths and proposed mitigation provides the best available protection to the site development and neither does it ensure that third parties are safeguarded post development.
Highway Authority
E mail of 16 October 2015
HC4 Within 5 days from the commencement of the development the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 90 metres distant in an North-East direction measured from the centre of the access along the edge of the adjoining carriageway. Nothing shall be planted, erected or allowed to grow on the areas of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction for as long as the development hereby permitted remains in existence.
Prior to any works commencing on site the junction widening works as detailed on the approved plan PB00130/A shall be fully completed to the written satisfaction of the LPA.
HC30 Upon formation of the visibility splays as detailed in HC4 above the centreline of any new or relocated hedge should be positioned not less than 1.0 metre to the rear of the visibility splay and retained in this position as long as the development remains in existence.
Prior to any works commencing on site the new speed limit sign as detailed on the approved drawing (signplot manafon30) shall be erected in a location to be agreed with the LPA.
Environmental Health
I have no objection to the application.
10 Page 52 County Ecologist
11 Page 53
12 Page 54
Public Response
A site notice was erected at the proposed access into the site off the B4389.
Four third party representations have been received in objection to the proposed development. The grounds for objection are summarized as follows:
Proximity of the proposed sewerage treatment works in close proximity to the nearby residential dwellings would have an odour impact and vermin The development should be placed at a reasonable distance from residential properties Concerns regarding access to the site from the main road
Planning History
No relevant planning history
Principal Planning Policies
National Planning Policy
Planning Policy Wales (8th Edition, January 2016) Technical Advice Note 5 – Nature Conservation and Planning (2009) Technical Advice Note 15-Development and Flood Risk (2004)
Local Planning Policy-
Powys Unitary Development Plan (March 2010)
13 Page 55 UDP SP2-Strategic Settlement Hierarchy UDP SP13-Utilities/Service Infrastructure UDP SP14-Development In Flood Risk Areas UDP GP1-Development Control UDP GP3-Design and Energy Conservation UDP GP4 Highway and Parking Requirements UDP ENV1-Agricultural Land UDP ENV2-Safeugarding Landscape UDP ENV3-Safeguarding Biodiversity and Natural Habitats UDP ENV7-Protected Species UDP HP4 - Settlement Development Boundaries and Capacities UDP DC6-Operational Development by Utility Companies UDP DC14 – Flood Prevention Measures UDP TR2 – Tourist Attractiona sn Development Areas/ UDP DC17 - Cordon Sanitaires
RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement
Officer Appraisal
Members are advised to consider this application in accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, which requires that, if regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise
Having carefully considered the details submitted, the principal matters considered relevant to the proposed development are as follows:
Principle of development
Chapter 12 - Infrastructure and services of Planning Policy Wales (8th Edition, January 2016) states that the Welsh Government aims to secure the environmental and telecommunications infrastructure necessary to achieve sustainable development objectives, while minimising adverse impacts on the environment. They state ‘new approaches to infrastructure will be needed in light of the consequences of climate change. The objectives included ensure that appropriate sewerage facilities in accordance with appropriate legislation and sustainable principles are provided.
Policies SP13 and DC6 address developments of new sewerage facilities by utility companies. Policy DC6 accepts operational development of utility companies provided that there are no unacceptable adverse effects on the character and appearance of the landscape or on existing settlements, buildings and their settings, and that there is no unacceptable adverse effects on nature conservation, historic and archaeological interest.
In light of the above, Development Management considers that the principle of the proposed development is broadly supported by planning policy.
14 Page 56 Flood Risk
Policy SP14 and Technical Advice Note 15 (TAN15) states that “Highly vulnerable development and emergency services will not be permitted in Zone C2”. The proposed development is for change of use of the field to sewerage treatment works. TAN15 categorises development in terms of its vulnerability to flooding, waste disposal sites are categorised as highly vulnerable to flooding. The site is shown as entirely located within the River Rhiw C2 flood zone as defined by TAN 15 Development Advice Maps (DAMs). This application therefore proposes highly vulnerable development within a C2 flood zone, contrary to UDP policy SP14 and TAN15.
A flood consequence assessment (FCA) was submitted with the application, Natural Resource Wales (NRW) have provided detailed comments regarding the proposed development within the flood zone and object to the proposal. NRW consider the FCA does not demonstrate how the facility can be operated and maintained during a flood event and NRW believe the tolerable conditions described in paragraphs A1.14 and A1.15 of TAN15 cannot currently be met.
In conclusion, the requirement for improved sewerage infrastructure, in line with the applicant’s proposal, is recognised as a requirement at Manafon, however this requirement needs to be balanced with the constraints of the site. In this instance, the site is within a C2 flood zone and the principle of highly vulnerable development on this site is not supported by national or local planning policy.
Impact on visual and neighbour amenity
Policies GP1, GP3 and ENV2 concern the impact of development on the landscape and also on the amenity enjoyed by the occupants of nearby properties.
The site occupies an area of low lying land adjoining Manafon. Incoming views to the site are screened by deciduous woodland to the south and east of the site and views into the site from the B4390 through the village are screened by existing properties and mature hedgerows. The infrastructure proposed would not exceed the height of other surrounding man made features; primarily houses. The inconspicuous nature of the site, overall scale of the infrastructure and the absence of sensitive landscape, enables the conclusion to be reached that the proposal would not have an unacceptable adverse impact on the landscape character of the area and as such accord with the aforementioned policies, particularly policy ENV2.
The proposal is in close proximity to residential properties, the closest un-associated dwelling being approximately 25 metres from the site boundary. This type of development has the potential to raise amenity concerns; primarily odour and operational noise. The occupation of this site as a STW would bring the infrastructure closer to residential properties than that of the existing STW. Information regarding operational noise or odour emission has not been submitted with the application, however the Environmental Health Officer considers the application to be acceptable and raise no objection.
Concerns have been raised by surrounding neighbour properties and by the Community Council, these concerns include impact on amenity through odour, pests and disturbance. In order to ensure the use of this site would not have a detrimental impact on neighbour amenity, it is recommended that any forthcoming consent should require a scheme to control the
15 Page 57 emission of noise from the premises to be submitted prior to commencement of development. Subject to the above, it is considered that the highlighted potential impacts can be appropriately managed.
In light of the above, it is considered that the proposed development is in accordance with policies GP1, GP3 and ENV2 of the Powys UDP.
Impact on ecology
Policies ENV3 and ENV7 seek to safeguard biodiversity and natural habitats from development and safeguard species protected under national and international Regulations.
An ecological constraints assessment carried out by Mott MacDonald and Bentley in June 2015 accompanies the application. This document comprises an update to the preliminary ecological appraisal carried out in February 2014. This report focuses on the impacts of the proposal on the ecology with the site area and concludes that there are no protected species on the site but does acknowledge bat and otter presence within the wider area.
The County Ecologist acknowledges the contents of the submitted assessment, however due to the known presence of otter along the banks of the River Rhiw and the proximity of the proposed development to the banks, an updated survey would be required prior to commencement of development in order to confirm no otter holts are present where the site would adjoin the river bank. NRW also note the contents of the submitted assessment, the proposal includes the removal of a section of hedgerow and works in proximity to mature trees, in order to protect and adequately replace these features they recommend a mitigation scheme is agreed prior to development commencing. They also seek submission and approval of a lighting scheme in order to protect light sensitive bat species and otter.
The County Ecologist and NRW recommend a number of conditions and informatives which should form part of any consent, if granted. Subject to conditions, the proposed development would not have an unacceptable adverse impact on ecology. On this basis, it is considered that the proposed development complies with policies ENV3 and ENV7 of the Powys UDP, Technical Advice Note 5 and Planning Policy Wales.
Highway Safety and Movement
Access to the site seeks to utilise the existing access off the B road and create a new access off the existing private access road into the site. The Highway Authority raise no objection to the intensification of the existing access off the B road, provided the recommended conditions form part of any forthcoming planning consent.
The intensified use of the private access road has been considered and whilst predicted traffic movements are likely to increase along this section of private road, it is considered unlikely that additional traffic generated will unacceptably compromise highway safety.
It is therefore considered the proposed development would not have a detrimental impact on highway safety or access. The proposed development is therefore considered to be in accordance with planning policy, particularly policy GP4 of the Powys UDP.
16 Page 58 Recommendation
Notwithstanding the strategic requirement for the proposed plant at Manafon, the proposal seeks consent for highly vulnerable development within a C2 flood zone contrary to policies SP14, DC6 and DC14 of the Powys Unitary Development Plan (2010), Technical Advice Note 15 - Development and Flood Risk (2004) and Planning Policy Wales (2016). The recommendation is one of refusal.
Reason for Refusal:
1. The proposed development constitutes highly vulnerable development within a C2 flood zone contrary to policies SP13, SP14, DC6 and DC14 of the Powys Unitary Development Plan (2010), Technical Advice Note 15 - Development and Flood Risk (2004) and Planning Policy Wales (2016).
17 Page 59 Page 60 PTLRW11 - 20164
Planning, Taxi Licensing and Rights of Way Committee Report
Application No: P/2015/0103 Grid Ref: 326417.08 262453.78
Community Old Radnor Valid Date: Officer: Council: 29/01/2015 Holly-ann Hobbs
Applicant: Mr Edward Davies, Nobley, Walton, Presteigne, Powys, LD8 2NU.
Location: Horseyard Lane, Evenjobb, Presteigne, Powys, LD8 2SQ.
Proposal: Full: Proposed erection of three single storey dwellings with associated vehicular access, infrastructure and landscaping
Application Application for Full Planning Permission Type:
The reason for Committee determination
The proposed development constitutes a departure from the adopted development plan. In accordance with the Planning Protocol, the application is therefore required to be determined by Members of the Planning, Taxi Licensing and Rights of Way Committee.
Site Location and Description
The site of development adjoins the settlement development boundary of Evenjobb as defined by the Powys Unitary Development Plan. Residential properties bound the application site to the east and west. Located to the north is agricultural land and to the south is the public highway.
Consent is sought in full for the erection of 3 single storey dwellings, creation of new access and installation of a sewage treatment plant. Plot 1 includes the erection of an ‘L’ shaped dwelling measuring approximately 11 metres in length (max) by 11 metres in width (max). Plots 2 & 3 measure approximately 11.1 metres in length by 7.2 metres in width. The ridge and eaves height of the proposed dwellings are consistent and measure approximately 4.8 metres and 2.8 metres respectively.
Access to the application site will be provided via a new access off the existing estate road serving the neighbouring Horseyard development. Parking and turning provision will be provided within the application site boundary.
Consultee Response
Old Radnor Community Council
The Community Council object to this planning application for the following reasons:-
1. The proposed dwellings are outside the development line. 2. Due to the nature of the land the water run-off will cause the brook to flood.
1 Page 61 3. The over domination by the proposed properties due to the aspect of the land.
Highway Authority
The County Council as Highway Authority for the County Unclassified Highway, U1578
Wish the following recommendations/observations be applied
Recommendations/Observations
The principle of residential development is acceptable but I would wish to highlight an issue generated by the layout.
The plan clearly shows the access road up to a field boundary and the Highways Authority must therefore assume the potential for further development. It will therefore be necessary for Powys County Council to serve APC Notices upon approval of building regulation approval in order to protect the public purse in the event that an extension, requiring adoption, is sought. Secondly the layout as proposed may not provide adequate space for an access road to adoptable standard in respect of carriageway width, footways, etc and it is advisable that this be considered before the development proceeds.
Having offered those observations I would recommend that the following conditions be included on any permission granted.
HC1 Any entrance gates shall be set back at least 5.5 metres distant from the edge of the adjoining carriageway and shall be constructed so as to be incapable of opening towards the highway.
HC2 The gradient of the access shall not exceed 1 in 15 for the first 5.5 metres measured from edge of the adjoining carriageway along the centre line of the access.
HC4 Within 5 days from the commencement of the development the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 20 metres distant in a southerly direction and 25 metres distant in a northerly direction measured from the centre of the access along the edge of the adjoining carriageway. Nothing shall be planted, erected or allowed to grow on the area(s) of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction thereafter.
HC7 Within 5 days from the commencement of the development the area of the access to be used by vehicles is to be constructed to a minimum of 410mm depth, comprising a minimum of 250mm of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 5.5 metres from the edge of the adjoining carriageway. Any use of alternative materials is to be agreed in writing by the Local Planning Authority prior to the access being constructed.
HC9 Prior to the occupation of the dwellings, provision shall be made within the curtilage of the site for the parking of not less than 3 cars for plot 1 and 2 cars for plots 2 and 3 excluding any garage space provided. The parking areas shall be retained thereafter.
2 Page 62
HC12 The width of the access carriageway shall be not less than 5.0 metres for a minimum distance of 6.0 metres along the access measured from the adjoining edge of carriageway of the county highway.
HC21 Prior to the occupation of the dwellings the area of the access to be used by vehicles is to be finished in a 40mm bituminous surface course for a distance of 5.5 metres from the edge of the adjoining carriageway.
HC32 No storm water drainage from the site shall be allowed to discharge onto the county highway.
Reasons for Comments
To ensure the safety and free flow of traffic using the adjoining county unclassified road.
Building Control
Building Regulations Approval Required.
Wales & West Utilities
With regards to your above request, this is not Wales & West Utilities area.
Environmental Health
Should members be minded to grant permission I would suggest the following condition be attached.
Before the use hereby permitted begins, the foul drainage from the development shall be discharged to a septic tank and soak away system which meets the requirements of British Standard BS 6297:1983 and which complies with the following:
(a) There is no connection to any watercourse or land drainage system and no part of the soak away system is situated within 10 metres of any ditch or watercourse, and
(b) Porosity tests are carried out to the satisfaction of the Local Planning Authority to demonstrate that suitable subsoil and adequate land area is available.
Affordable Housing
Correspondence received 3rd February 2015 –
Having had a quick look at the application is this not made under a 106 agreement? It mentions affordability but I cannot see where in the application this is met?
Any further advice or additional information would be much appreciated.
Built Heritage
3 Page 63 Thank you for consulting me on the above application.
I acknowledge that the application site is adjacent to the Grade ll listed buildings of Brook House and Brook House barn, and the high number of listed buildings, and I note the number of listed buildings in this area of Evenjobb.
I am mindful of the advice in Sections 16 and 66 of the Planning (Listed Buildings and Conservation areas) Act 1990, and paragraph 11 of Welsh Office Circular 61/96 which states “Sections 16 and 66 of the Act require authorities considering applications for planning permission or listed building consent for works which affect a listed building to have special regard to certain matters, including the desirability of preserving the setting of the building. The setting is often an essential part of a building's character especially if a park, garden or grounds have been laid out to complement its design or function. Also, the economic viability as well as the character of historic buildings may suffer and they can be robbed of much of their interest and of the contribution they make to townscape or the countryside if they become isolated from their surroundings, e.g. by new traffic routes, car parks, or other development.”
However, I would also refer to more recent guidance in paragraph 6.5.9 of Planning Policy Wales 7th edition 2014 which states, “Where a development proposal affects a listed building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses.”
I note that there have been new housing developments within Evenjobb on Horseyard Lane and Horseyard Gardens and note the quality of the design and materials, which is no doubt a reflection of the high quality of Evenjobb.
I would not consider that the proposal would have a greater impact on the setting of Brook House or Brook House Barn than the adjacent new dwellings on Horseyard Lane. The proposed landscaping could even enhance the setting of these listed buildings and reinforce the rural quality of this historic settlement.
I note the statement made in paragraph 3.6 of the Planning Statement submitted by Savills, however I would consider that the materials should complement and be of the same quality as the neighbouring Horseyard Lane.
I would therefore not object to the proposal.
Clwyd Powys Archaeological Trust
Thank you for the consultation paperwork relating to the above proposals.
Information retained within the Regional Historic Environment Record indicates that this application falls in an area of high archaeological sensitivity. The plot lies within the medieval historic core of Evenjobb and immediately adjacent to plots of land containing artefact finds of prehistoric, roman and medieval date (PRNs 49079, 49080, 49081, 49082 and 70222) as well as undefined earthworks (PRNs 15833 and 19012) which are likely to represent medieval occupation and fields containing medieval ridge and furrow field systems (PRN 16269 and PRN 33145). Al of this surrounding evidence suggests the development plot is
4 Page 64 within the former medieval village layout and is therefore likely to contain preserved sub- surafce medieval and earlier archaeology.
The proposed development will disturb any such remains surviving here, but from present knowledge it is impossible to estimate how damaging this might be, and thus to frame an appropriate archaeological response. The planning authority appears to have insufficient information about this archaeological resource, or the applicant's intended treatment of it, to make a balanced decision. As archaeology is a material consideration here I would advise that this application is not determined until this resource has been properly evaluated.
Welsh Government Planning Policy Wales (Edition 7, July 2014), Circular 60/96 - Archaeology and Planning (Dec 96) and Powys UDP Policies ENV 17 and 18 suggest that planning authorities should require applicants to supply a suitable archaeological assessment in support of an application where a potential impact to archaeological remains is identified.
The developer will need to engage an archaeological contractor to complete this work in accordance with a brief written by this office on request. In response the archaeological contractor will need to supply a written scheme of investigation along with their cost estimate. The written scheme of investigation will need to be approved by me before work can commence on site.
I would advise that in order to allow sufficient time for an evaluation to be carried out, and the discussion of a subsequent mitigation strategy, the determination of the current application is delayed so that this information can be gathered and presented in support of the application.
I have attached information on archaeological contractors that the developer may wish to consider engaging to complete evaluation work.
Please contact me if you wish to discuss the above advice or require any more information.
County Ecologist
No comments received at the time of writing this report.
Natural Resources Wales
Correspondence received 4th March 2015 –
NRW consider that the proposal is unlikely to have a significant impact upon any statutory designated sites or landscapes.
Protected species - Great Crested Newts
There are known records for Great Crested Newts within 260m of the proposed development site.
As you are aware, Great Crested Newts (Triturus cristatus) are protected under the Wildlife and Countryside act 1981 (as amended) and Schedule 2 of The Conservation of Habitats and Species Regulations 2010 (as amended).
5 Page 65 Where a European Protected Species is present and a development proposal is likely to contravene the protection afforded to it, development may only proceed under a licence issued by the Welsh Government (WG), having satisfied three requirements set out in the legislation. One of these requires that the development authorised will ‘not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status (FCS) in their natural range.’
These requirements are translated into planning policy through Planning Policy Wales (PPW) July 2010, Sections 5.5.11 and 5.5.12, and Technical Advice Note (TAN) 5, Nature Conservation and Planning September 2009. The planning authority should take them into account when considering development proposals where a European Protected Species is present.
We welcome the submission of the report by Star Ecology, entitled ‘Ecological Assessment – Land adjacent to Horseyard Lane’, dated November 2014.
However, NRW do not fully concur with the conclusions presented in the report, in terms of the likely impacts the proposals may have on the population of Great Crested Newts.
There are four individual waterbodies within 350m of the proposed development site, one of which is a known breeding pond for Great Crested Newts and located 260m from the site. In addition, we consider there is potential connectivity habitat (hedgerows) between the known breeding pond and the development site. As a result it is considered that the proposed development site has potential as foraging habitat for Great Crested Newts.
We note no mitigation for Great Crested Newts has been included within the ecological report by Star Ecology. We therefore advise that planning consent should not be granted until mitigation measures are agreed by the LPA and NRW which demonstrate no deterioration to the Favourable Conservation Status of the local Great Crested Newt population or their habitat in the long term.
Wider Countryside
Natural Environment and Rural Communities (NERC) Act (2006)
Please note that we have not considered possible effects on all local or regional interests, including those relating to the upkeep, management and creation of habitat for wild birds. Therefore, you should not rule out the possibility of adverse effects on such interests, which would be relevant to your Authority’s general duty to have regard to conserving biodiversity, as set out in section 40 of the Natural Environment and Rural Communities (NERC) Act (2006). This advice includes any consideration of the planned provision of “linear” and “stepping stone” habitats.
To comply with your authority's duty under section 40 of the NERC Act, to have regard to conserving biodiversity, your decision should take account of possible adverse effects on such interests. We recommend that you seek further advice from your authority's internal ecological adviser and/or third sector nature conservation organisations such as the local wildlife trust, RSPB, etc. The Wales Biodiversity Partnership's web site has guidance for assessing proposals that have implications for section 42 habitats and species (www.biodiversitywales.org.uk).
6 Page 66
Discharge (of Effluent) to ground or surface waters
The applicant will need to apply for a Permit, or Exemption, if they wish to discharge anything apart from uncontaminated surface water to a watercourse/ditch. The applicant may also need to apply for a Permit from us to allow certain discharges into ground. Any necessary Permit must be obtained prior to works starting on site. The Welsh Government has also advised that all septic tanks and small sewage treatment plant discharges in Wales will need to be registered. More information, including a step by step guide to registering, is available on our website www.naturalresourceswales.gov.uk / www.cyfoethnaturiolcymru.gov.uk
I hope these comments are of assistance. If you have any queries, or if you require any further information, please do not hesitate to contact us at the above address.
Correspondence received 2nd July 2015 –
We welcome the submission of the Reasonable Avoidance Measures (RAMs) for Great Crested Newts, as submitted by Star Ecology, dated 12th June 2015.
Natural Resources Wales is willing to withdraw the objection.
NRW are willing to withdraw our objection to the proposed development, subject to the implementation of the Reasonable Avoidance Measures for Great Crested Newts. We advise the RAMs are included within conditions attached to any permission your authority is minded to grant.
I hope these comments are of assistance. If you have any queries, or if you require any further in-formation, please do not hesitate to contact us at the above address.
Welsh Water
No comments received at the time of writing this report.
Councillor Michael Jones – Local Member
No Local Member representation received at the time of writing this report.
Representations
The proposed development has been advertised by site display, local advertisement and neighbour notification. At the time of writing this report, 4 letters of objection have been received by Development Management. The concerns expressed therein can be summarised as follows;
. Development in the open countryside; . Impact on the setting of the adjoining listed buildings; . Impact on highway safety – increased construction traffic and residents using the existing network; . Insufficient sewage capacity; . Increased surface water run-off and flooding implications;
7 Page 67 . Adverse impact on residential amenity – overlooking, privacy and loss of light; . Prominent site within the village – adverse impact on existing character; . Impact on European Protected Species and Biodiversity.
Principal Planning Constraints
Open Countryside Development
Principal Planning Policies
National Planning Guidance
Planning Policy Wales (2016)
Technical Advice Note 1 – Joint Housing Land Availability Studies (2015) Technical Advice Note 2 – Planning and Affordable Housing (2006) Technical Advice Note 5 – Nature Conservation and Planning (2009) Technical Advice Note 6 – Planning for Sustainable Rural Communities (2010) Technical Advice Note 12 – Design (2014) Technical Advice Note 15 – Development and Flood Risk (2004) Technical Advice Note 18 – Transport (2007)
- Welsh Office Circular 60/96: Planning and the Historic Environment: Archaeology - Welsh Officer Circular 61/96: Planning and the Historic Environment: Historic Buildings and Conservation Areas
Local Planning Guidance
Powys Unitary Development Plan (2010)
SP3 – Natural, Historic and Built Heritage SP5 – Housing Developments GP1 – Development Control GP3 – Design and Energy Conservation GP4 – Highway and Parking Requirements ENV1 – Agricultural Land ENV2 – Safeguarding the Landscape ENV3 - Safeguarding Biodiversity and Natural Habitats ENV7 – Protected Species ENV14 – Listed Buildings ENV17 – Ancient Monuments and Archaeological Sites ENV18 – Development Proposals Affecting Archaeological Sites HP3 – Housing Land Availability HP4 – Settlement Development Boundaries and Capacities HP6 – Dwellings in the Open Countryside EC1 – Business, Industrial and Commercial Developments TR2 – Tourist Attractions and Development Areas DC8 – Public Water Supply DC9 – Protection of Water Resources DC11 – Non-mains Sewage Treatment
8 Page 68 DC13 – Surface Water Drainage DC14 – Flood Prevention Measures
RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement
Officer Appraisal
Members are advised to consider this application in accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, which requires that, if regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise
Having carefully considered the details submitted, the principal matters considered relevant to the proposed development are as follows;
Principle of Development
For the purposes of the Powys Unitary Development Plan, the site subject to this application lies within the open countryside and proposes 3 open market dwellings which are not intended to meets the needs of a rural enterprise. On this basis, the proposed development is considered to be a departure from the adopted Powys Unitary Development Plan.
Members are advised that a lawful decision to approve a departure can only be made where other material considerations outweigh the provisions of the development plan. Such material considerations include Planning Policy Wales (2016) and UDP policy HP3, which require the Local Planning Authority to ensure that sufficient land is genuinely available or will become available to provide a 5-year supply of land for housing.
The Powys Joint Housing Land Availability Study 2015 (JHLAS) provides information on land availability and indicates a land supply of 1.9 years (as of 01/04/2015) within Powys. Whilst it is anticipated that the new local development plan will allocate land for residential development to address the shortfall in supply, the current figure is below the supply stated within both national and local planning policy and as such, the current application has been submitted on this basis.
For the purpose of the Powys UDP, Members are advised that Evenjobb is located within the Presteigne Planning Area. With the exception of Gladestry (Allocated), Kinnerton (Consented) and Old Radnor (Allocated), allocated housing sites located within the remaining villages and towns comprising the Planning Area (Presteigne, Evenjobb and Norton) have all been completed. On this basis, it is considered that the supply within the Planning Area is limited.
In considering the proposed development, Members are asked to consider whether the provision of 3 dwellings in this location will contribute to the noted shortfall and whether this is regarded as a sustainable location for new residential development. Whilst noting that the provision of three dwellings is unlikely to significantly impact the current supply, the proposal will provide housing within a rural settlement which is located within reasonable proximity of larger settlements such as Presteigne and Knighton.
9 Page 69 In light of the above and notwithstanding the concerns expressed within third party representations, Officers consider that sufficient information has been submitted to demonstrate that the current housing shortfall provides sufficient justification for the proposed new dwellings. It is therefore considered that on balance, the proposed development is fundamentally in accordance with policy HP3 of the Powys Unitary Development Plan and Planning Policy Wales.
Siting, Design and Appearance
UDP policy HP5 states that proposals for residential development will only be permitted where the proposal is of a scale, form, design and general character to reflect the overall character and appearance of the settlement and surrounding area.
Evenjobb comprises a mixture of housing styles in terms of scale, form and materials used. Properties immediately adjoining the application site included a recent residential development (Horseyard) to the west and traditional farmhouse and former outbuildings to the east.
The proposed development includes the provision of 3 single storey dwellings. Whilst noting that the application site occupies an area of elevated land, given the modest scale and height of the proposed dwellings, Officers do not consider that the proposed residential development will dominate adjoining properties or adversely affect the character and appearance of the existing settlement in this respect. The design of the proposed dwellings is considered to be in keeping with the character and appearance of existing properties and the rural area. Proposed external materials include timber cladding, render, stone and natural slate. Officers consider that the proposed materials and finishes are in keeping with the existing settlement and neighbouring properties thereby aiding the assimilation of the proposed development within its surroundings.
Policy GP1 further seeks to safeguard the amenities enjoyed by occupants of neighbouring properties by reasons such as overlooking, overshadowing and privacy. Specific guidance with the Residential Design Guide indicates that where possible, amenity should be maintained through good design. Given the orientation of the proposed dwellings relative to neighbouring properties within Horseyard estate together with the noted distances, Officers do not consider that the layout or design of the proposed development will compromise the amenities enjoyed by occupants of neighbouring properties.
In light of the above and having carefully considered the proposal, Development Management is satisfied that the proposed development is in accordance with planning policy, particularly policies GP1 and HP5 of the Powys UDP.
Highway Safety and Movement
UDP policy GP4 states that permission will be dependent upon adequate highway provision including access, visibility, turning and parking provision. Access to the proposed development will be provided via the creation of a new access off the adjoining estate road whilst parking and turning provision will be provided within the respective curtilages.
Following consultation, the Highway Authority has confirmed that highway safety and movement can be adequately managed subject to the imposition of appropriate conditions. In
10 Page 70 light of the above and notwithstanding the concerns expressed with respect to increased traffic, Officers consider that the proposal is fundamentally in compliance with UDP policy GP4.
Biodiversity and Ecology
Policies ENV3 and ENV7 of the Powys UDP seek to maintain biodiversity and safeguard protected species and their habitats. This is further supported by Technical Advice Note 5 – Nature Conservation and Planning together with Planning Policy Wales (2016).
The application is accompanied by an Ecological Assessment together with a statement of Reasonable Avoidance Measures in respect of Great Crested Newts. Following consultation, Natural Resources Wales has confirmed that subject to appropriate conditions securing the implementation of the avoidance measures, they do not object to the proposed development.
In light of the comments received and notwithstanding the third party concerns expressed, Officers do not consider that the proposed development will have an unacceptable adverse impact on European Protected Species. Furthermore, given the nature of the application site and proposed development, it is not considered that biodiversity at this location will be adversely affected.
On the basis of the above and subject to the recommended conditions, the proposed development is considered to be in accordance with policies ENV3 and ENV7 of the Powys UDP, Technical Advice Note 5 and Planning Policy Wales.
Cultural Heritage
Archaeology
Planning Policy Wales (PPW) indicates that where archaeological remains are present, whether scheduled or not, there should be a presumption in favour of their physical preservation in situ.
Information retained within the Regional Historic Environment Record indicates that the application site is located within an area of high archaeological sensitivity. The development site lies within the medieval historic core of Evenjobb and immediately adjacent to plots of land containing artefact finds of prehistoric, roman and medieval date as well as undefined earthworks which are likely to represent medieval occupation and fields containing medieval ridge and furrow field systems. Given the sensitivity of the site and potential disturbance, an archaeological evaluation has been undertaken.
Unfortunately, at the time of writing this report, comments Clwyd Powys Archaeological Trust (CPAT) in response to the archaeological evaluation are outstanding from. Nevertheless, it is understood that the evaluation was undertaken in accordance with guidance provided by CPAT. Officers will attempt to secure a formal response prior to committee and detail this within the update to Members.
Listed Buildings
11 Page 71 Sections 16 and 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 require Local Planning Authorities considering applications for planning permission which affect a listed building to have special regard to certain matters, including the desirability of preserving the setting of the building. The setting is often an essential part of a building's character especially if a park, garden or grounds have been laid out to complement its design or function.
Following consultation, the Built Heritage Officer has confirmed that the proposed development would not have a greater impact on the setting of Brook House or Brook House Barn than the adjacent development on Horseyard Lane and therefore does not consider that the setting of the aforementioned listed buildings will be adversely affected. In addition, the Built Heritage Officer notes that the proposed landscaping could potential enhance the setting of these listed building, reinforcing the rural quality of the historic settlement.
In light of the above comments and subject to appropriate conditions controlling materials, Officers are satisfied that the impact on the adjoining listed buildings will not be adversely affected. It is therefore considered that the proposed development is in accordance with planning policy, particularly policy ENV14 of the Powys UDP.
Surface Water Drainage
Policy DC13 seeks to adequately manage the disposal of surface water and reduce flood risk. The application site is located adjacent to Evenjobb Brook. Concern has been raised by neighbouring properties with respect to increased surface water run-off and possible flooding implications. Unfortunately, at the time of writing this report, a response from the Council’s Land Drainage Authority is outstanding. Nevertheless, Officers will look to secure a formal response in advance of the Committee Meeting.
Recommendation
Having carefully considered the proposed development, Officers consider that the proposal broadly complies with planning policy. Whilst a departure from the development plan, in this instance, the provision of housing in a rural area and lack of development opportunities within the planning area are considered to outweigh the plan and therefore justifies the grant of consent as an exception to normal housing policies.
On this basis and subject to acceptable responses being received in respect of archaeology and drainage, the recommendation is one of approval subject to the conditions detailed below.
Conditions:
1. The development to which this permission relates shall be begun no later than the expiration of five years from the date of this permission.
2. The development shall be carried out strictly in accordance with the plans received 29th January 2015 stamped as approved.
3. Any entrance gates shall be set back at least 5.5 metres distant from the edge of the adjoining carriageway and shall be constructed so as to be incapable of opening towards the
12 Page 72 highway.
4. The gradient of the access shall not exceed 1 in 15 for the first 5.5 metres measured from edge of the adjoining carriageway along the centre line of the access.
5. Within 5 days from the commencement of the development the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 20 metres distant in a southerly direction and 25 metres distant in a northerly direction measured from the centre of the access along the edge of the adjoining carriageway. Nothing shall be planted, erected or allowed to grow on the area(s) of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction thereafter.
6. Within 5 days from the commencement of the development the area of the access to be used by vehicles is to be constructed to a minimum of 410mm depth, comprising a minimum of 250mm of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 5.5 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.
7. Prior to the occupation of the dwellings, provision shall be made within the curtilage of the site for the parking of not less than 3 cars for plot 1 and 2 cars for plots 2 and 3 excluding any garage space provided. The parking areas shall be retained thereafter.
8. The width of the access carriageway shall be not less than 5.0 metres for a minimum distance of 6.0 metres along the access measured from the adjoining edge of carriageway of the county highway.
9. Prior to the occupation of the dwellings the area of the access to be used by vehicles is to be finished in a 40mm bituminous surface course for a distance of 5.5 metres from the edge of the adjoining carriageway.
10. No storm water drainage from the site shall be allowed to discharge onto the county highway.
11. The development hereby permitted shall be undertaken in strict accordance with the Great Crested Newts Reasonable Avoidance Measures dated 12/06/2015 unless otherwise agreed in writing by the Local Planning Authority.
12. Prior to the commencement of development, a foul drainage scheme shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be undertaken strictly in accordance with the details so approved.
13. Prior to the construction of the dwellings hereby approved samples of the materials to be used in the construction of the external surfaces of the dwelling shall be submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.
Reasons:
13 Page 73
1. Required to be imposed by Section 91 of the Town and Country Planning Act 1990.
2. To ensure adherence to the plans stamped as approved in the interests of clarity and a satisfactory development.
3. In the interest of highway safety and movement in accordance with policies GP1, GP4 and HP5 of the Powys Unitary Development Plan (2010), Technical Advice Note 518 – Transport (2007) and Planning Policy Wales (2016)
4. In the interest of highway safety and movement in accordance with policies GP1, GP4 and HP5 of the Powys Unitary Development Plan (2010), Technical Advice Note 518 – Transport (2007) and Planning Policy Wales (2016)
5. In the interest of highway safety and movement in accordance with policies GP1, GP4 and HP5 of the Powys Unitary Development Plan (2010), Technical Advice Note 518 – Transport (2007) and Planning Policy Wales (2016)
6. In the interest of highway safety and movement in accordance with policies GP1, GP4 and HP5 of the Powys Unitary Development Plan (2010), Technical Advice Note 518 – Transport (2007) and Planning Policy Wales (2016)
7. In the interest of highway safety and movement in accordance with policies GP1, GP4 and HP5 of the Powys Unitary Development Plan (2010), Technical Advice Note 518 – Transport (2007) and Planning Policy Wales (2016)
8. In the interest of highway safety and movement in accordance with policies GP1, GP4 and HP5 of the Powys Unitary Development Plan (2010), Technical Advice Note 518 – Transport (2007) and Planning Policy Wales (2016)
9. In the interest of highway safety and movement in accordance with policies GP1, GP4 and HP5 of the Powys Unitary Development Plan (2010), Technical Advice Note 518 – Transport (2007) and Planning Policy Wales (2016)
10. In the interest of highway safety and movement in accordance with policies GP1, GP4 and HP5 of the Powys Unitary Development Plan (2010), Technical Advice Note 518 – Transport (2007) and Planning Policy Wales (2016)
11. In order to safeguard Great Crested Newts in accordance with policies ENV3 and ENV7 of the Powys Unitary Development Plan (2010), Technical Advice Note 5 – Nature Conservation and Planning (2009) and Planning Policy Wales (2016).
12. In order to ensure an adequate means of foul sewage disposal and protect the environment in accordance with policies DC9, DC11 and DC13 of the Powys Unitary Development Plan (2010).
13. In the interests of the visual amenity of the area and to ensure the satisfactory appearance of the building in accordance with policies GP1 and GP3 of the Powys Unitary Development Plan and the Councils Residential Design Guide.
14 Page 74 ______Case Officer: Holly-ann Hobbs- Principal Planning Officer Tel: 01597 827319 E-mail:[email protected]
15 Page 75 Page 76 PTLRW11 - 20165
Planning, Taxi Licensing and Rights of Way Committee Report
Application No: P/2014/0444 Grid Ref: 310586.94 306782.59
Community Llanfair Caereinion Valid Date: Officer: Council: 13/05/2014 Nicholas Morgan
Applicant: Wynnstay Group Plc, Unit 4, Glovers Meadow, Maesbury Road, Industrial Estate, Oswestry, SY10 8NH
Location: Wynnstay Banwy Industrial Estate, Llanfair Caereinion, Welshpool, Powys, SY21 0SG
Proposal: Advert: Retention of two fascia signs (1 externally illuminated and 1 non- illuminated) and proposed 2 no. non-illuminated freestanding entrance signs.
Application Application for Consent to Display an Advertisement(s) Type:
The reason for Committee determination
The freestanding signs are to be located on Council owned land.
Site Location and Description
This application relates to the siting of 2 fascia signs (retrospective) on the Wynnstay Group building in Banwy Industrial Estate and 2 non illuminated freestanding signs at the entrance of said estate on a verge adjoining the A458 trunk road. The site is situated to the northern periphery of the town of Llanfair Caereinion just off the A458 trunk road.
Fascia Signage (Retrospective)
The larger of the two signs is sited on the front elevation on the centre of the building above the access door at a height of 2.3m above ground level. It measures 1000mm x 4500mm x 2mm and consists of the corporate colours, blue and white of the Wynnstay company.
The sign states “Wynnstay Stores” in large blue text with a “W” corporate logo adjoining the text on a white background. Below there is smaller text in English and Welsh in white on a blue background. The sign comprises of composite aluminium with printing ink and is illuminated via an external overhead light.
The smaller sign is sited again on the front elevation to the left hand side of the entrance door at a height of 1m above ground level. It measures 600mm x 900mm x 2mm and is the same blue and white colours of the larger signage. The sign indicates the opening hours in white on a blue background. The material of the sign is composite aluminium with printing ink.
Freestanding Signage
1 Page 77 The two signs are to be sited on the grass verge either side of the entrance road to the industrial estate thus facing and being visible in both directions along the adjoining A458 trunk road.
The signs will be sited upon galvanised steel posts at 1m above ground floor height. They will measure 800mm x 1500mm x 2mm and will consist of the corporate Wynnstay blue and white colour scheme. The signs state “Wynnstay Stores” in large blue 60mm text on a white background accompanied by the “W” logo. Further smaller text is below again in blue on a white background and below again the website address in white on a blue background. The material of the sign is composite aluminium with printing ink.
Consultee Response
Llanfair Caereinion Town Council
No comments received
Powys Highways – Object
The signs at the estate junction within the highway boundary cannot be permitted. The application should be refused unless these signs are deleted from the proposal.
Welsh Government Trunk Road
Initial Objection which was subsequently withdrawn subject to conditions and informatives – comments below:
Initial Response I refer to your consultation of 5 November 2014 regarding the above application and advise that the Welsh Government as highway authority for the A458 trunk road directs that the application remains pending until such time as the information below is provided:
1. The applicant must alter the two freestanding signs (Items C1 and C2) so the text is proportional to the speed of the A458 trunk road. The text must be increased so motorist may read all the information easily without having to reduce vehicle speed: this may result in less text being incorporated on the proposed signs.
Final Response I refer to your consultation of 4 December 2014 regarding the above planning application and advise that the Welsh Government as highway authority for the A458 trunk road directs that any permission granted by your authority shall include the following conditions:
1. No permanent sign or structure shall be horizontally within 800mm of the kerb face of the carriageway. 2. No direct source of light from the illuminatory gear for any sign or feature illumination shall be visible from any part of the adjoining public highway.
The above conditions are included to maintain the safety and free flow of trunk road traffic.
The following points should be brought to the attention of the applicant:
2 Page 78 a. The applicant should be advised that they may be required to enter into an agreement with the Welsh Ministers under Section 278 of the Highway Act 1980 / Section 23 of the New Roads and Street Works Act 1991 to enable the applicant to undertake agreed improvement works, construction conditions and financial arrangements under which agreed measures can be put in place, including indemnifying the Welsh Ministers against third party claims. Without such an agreement in place, any consent that may be granted by the Planning Authority cannot be implemented. b. The applicant should note that planning permission does not constitute permission under Highways Act for various activities that may be associated with the development i.e. use of the highway/footway/verge to: for example; deposit material, deposit skips, erect scaffolding, excavate within the highway or erect traffic management apparatus. Such activities will require the separate consent of the Highway Authority. c. Any temporary traffic management arrangements required in connection with this application shall be in accordance with Chapter 8 of the Traffic Signs Manual and in accordance with the Safety at Street Works and Road Works Code of Practice, and shall be approved by the highway authority. d. Road traffic signs in Wales must be bilingual, Welsh above English, and adhere to Welsh Government specifications, see following link for standard details http://www.traffic- wales.com/traffic_signs.aspx
Powys Building Control
No comments received
Cllr Viola Evans
No comments received
Public Response
None
Planning History
P/2013/0100 - Erection of warehouse with associated external works for B8 use with 30% retail –Permission Granted subject to S106 - 27/08/2013
P/2011/1282 - Change of use from trade warehouse (B8) with transport vehicle depot with sui generis use to incorporate 30% retail use within site – Conditional Consent - 06/02/2012
Principal Planning Constraints
C2 Flood Zone
Principal Planning Policies
National Policies Planning Policy Wales (Edition 8) TAN 7 - Outdoor Advertisement Control (1996) TAN 15 - Development and Flood Risk (2004)
3 Page 79 TAN 18 - Transport (2007)
Local Policies UDP GP1 – Development Control UDP GP4 – Highway and parking Requirements UDP DC2 - Advertisements UDP SP14 - Development In Flood Risk Areas
RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement
Officer Appraisal
This application is made under regulation 13 of the Town and Country Planning (Control of Advertisements) Regulations 1992. The general approach to dealing with advertisement applications is similar to the process of dealing with planning applications; however, the display of outdoor advertisements can only be controlled in the interests of amenity and public safety.
Key Policy
Unitary Development Plan Policy DC2 Advertisements set out the requirements to be taken into account in the determination of advertisement applications. The policy seeks to ensure that advertisements are designed to harmonise with the character of the host building as well as the area, especially where the buildings and streets are of architectural or historic importance.
In order to comply with UDP policy DC2, the method of illumination, position and projection of the signage must not spoil the visual amenity, character and appearance of the surrounding environment, landscape and street scene. Furthermore, the applicants must be minded to seek to avoid eye-catching, conspicuous signs that detract from highway safety and not to degrade the quality of the local environment.
Fascia Signage
Having assessed the details and visited the site, the size, scale and design of the signs are such that they integrate well within the industrial setting and are considered to be of no detriment to the visual amenity, character or appearance of the locality, landscape or street scene.
Freestanding Signs
Initially, the proposed signage was not accepted by the Welsh Government Trunk Roads as the text was too small and the directional arrow was unacceptable in terms of a distraction to passing traffic. In light of this, an amended plan was submitted with increased text size and the omission of the directional arrow which the Welsh Government subsequently considered acceptable subject to conditions and informatives.
Notwithstanding the satisfaction of Welsh Assembly Government in relation to the proposed signs not posing a threat to highway safety, it is noted that the proposed signs are to be located in a prominent and attractive area on approach to the village. Given the scale of the
4 Page 80 proposals at 1.5m by 0.8m, it is considered that the signage would appear both prominent and obtrusive in this location. It is accepted that it is the intention of such signage to be prominent and to direct customers to the business, however, the scale of the proposals is considered to be both excessive and inappropriate such that they would harm local amenity.
Members should also be aware that the land on which the signs are proposed is owned by the Local Highway Authority who object strongly to the proposal. It is a condition of every consent granted under the Regulations that, before displaying any advertisement, the permission of the owner of the land or other person entitled to grant permission must be obtained. To display any advertisement without this permission is an offence, open to immediate prosecution.
Flood Risk
The freestanding signs are noted to be within a C2 flood zone however due to the negligible scale of the proposal; it is unlikely to impact upon any flood risks unacceptably.
Conclusion
The Regulations allow for split decisions to be given in relation to advertisement consents such that the Local Planning Authority could permit the fascia signage which is considered to be acceptable and refuse permission for the freestanding signs that are considered to harm visual amenity.
Taking in account the Local Planning Authority’s duty under the Regulations together with the advice set out in TAN 7 and UDP policy DC2, the effect of the proposals in relation to the fascia signage are considered to be acceptable with regards to public safety and amenity. However, the proposed freestanding signage is considered to harm local amenity.
It is recommended that this application is granted a split decision so as to allow the fascia signage subject to the following conditions and refuse the free standing signage on the grounds that the proposal would harm public amenity contrary to Planning Policy Wales (2016), Technical Advice Note 7 (1996) and Unitary Development Plan Policy DC2 (2010).
Decision
Split decision – consent for fascia signage and refusal of freestanding signage.
Refusal Reason:
The proposed free standing signage would unacceptably harm public amenity as a result of their prominent location and design, contrary to Planning Policy Wales (2016), Technical Advice Note 7 (1996) and Unitary Development Plan Policy DC2 (2010).
Conditions:
1. This consent shall expire 5 years from the date of the decision notice. 2. The development shall be carried out strictly in accordance with the plans stamped as approved on XXXX (drawing no: Wynnstay\Llanfair Caereinion\Proposal Rev D).
5 Page 81 3. Any advertisements displayed and any site used for display of advertisements shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority. 4. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition. 5. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission. 6. Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the local planning authority. 7. No advertisement shall be sited or displayed so as to obscure, or hinder the ready interpretation of, any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway or aerodrome (civil or military). 8. No permanent sign or structure shall be horizontally within 800mm of the kerb face of the carriageway. 9. No direct source of light from the illuminatory gear for any sign or feature illumination shall be visible from any part of the adjoining public highway.
Reasons 1. To define the terms under which permission for change of use is granted. 2. To ensure adherence to the plans stamped as approved in the interests of clarity and a satisfactory development. 3. Pursuant to the Town and Country Planning (Control of Advertisement) Regulations 1992 and policy DC2 of the Powys Unitary Development Plan. 4. Pursuant to the Town and Country Planning (Control of Advertisement) Regulations 1992 and policy DC2 of the Powys Unitary Development Plan. 5. Pursuant to the Town and Country Planning (Control of Advertisement) Regulations 1992 and policy DC2 of the Powys Unitary Development Plan. 6. Pursuant to the Town and Country Planning (Control of Advertisement) Regulations 1992 and policy DC2 of the Powys Unitary Development Plan. 7. Pursuant to the Town and Country Planning (Control of Advertisement) Regulations 1992 and policy DC2 of the Powys Unitary Development Plan. 8. To maintain the safety and free flow of trunk road traffic as directed by the Welsh Government as highway authority for the A458 trunk road. 9. To maintain the safety and free flow of trunk road traffic as directed by the Welsh Government as highway authority for the A458 trunk road.
Informative a. The applicant should be advised that they may be required to enter into an agreement with the Welsh Ministers under Section 278 of the Highway Act 1980 / Section 23 of the New Roads and Street Works Act 1991 to enable the applicant to undertake agreed improvement works, construction conditions and financial arrangements under which agreed measures can be put in place, including indemnifying the Welsh Ministers against third party claims. Without such an agreement in place, any consent that may be granted by the Planning Authority cannot be implemented. b. The applicant should note that planning permission does not constitute permission under Highways Act for various activities that may be associated with the development i.e. use of the highway/footway/verge to: for example; deposit material, deposit skips, erect
6 Page 82 scaffolding, excavate within the highway or erect traffic management apparatus. Such activities will require the separate consent of the Highway Authority. c. Any temporary traffic management arrangements required in connection with this application shall be in accordance with Chapter 8 of the Traffic Signs Manual and in accordance with the Safety at Street Works and Road Works Code of Practice, and shall be approved by the highway authority. d. Road traffic signs in Wales must be bilingual, Welsh above English, and adhere to Welsh Government specifications, see following link for standard details http://www.traffic- wales.com/traffic_signs.aspx
______Case Officer: Nicholas Morgan- Planning Officer Tel: 01938 551051 E-mail:[email protected]
7 Page 83 Page 84 PTLRW11 - 20166
Planning, Taxi Licensing and Rights of Way Committee Report
Application No: NMA/2015/0083 Grid Ref: 296669.12 313367.78
Community Banwy Valid Date: Officer: Council: 10/12/2015 Eddie Hrustanovic
Applicant: DG & E Williams, Land at Wern Farm, Foel, Welshpool, Powys, SY21 0NY
Location: Land at Wern Farm, Foel, Welshpool, Powys SY21 0NY
Proposal: Non Material Amendment to vary condition 2 attached to planning permission P/2014/0110 (to vary turbine type to a turbine with 57.64m blade tip and 40.15m hub height) grid ref 296669/313367
Application Non Material Amendments Type:
The reason for Committee determination This application is in relation to a change to an application that was approved by the Planning, Taxi Licencing and Rights of Way Committee
Site Location and Description The proposed turbine is to be located in a field at 300 metres AOD and approximately 650 meters to the north of the farm buildings at Wern. The site is approximately 3 kilometres to the north west of the settlement of Foel.
The original approval gave consent for the erection of a wind turbine with a hub height of 40 metres and a blade tip height of 54.7 metres at Wern, Foel. A control unit will also sit alongside the proposed turbine and will measure 2.2 metres by 1 metre by 2 metres. The proposed turbine will be connected to the grid via the three phase supply located at Wern. The connection of the cable from the proposed turbine to the grid infrastructure will be the responsibility of the local distribution network operator.
The current application seeks permission for a non-material amendment to planning approval P/2014/0110 for an alternative wind turbine with a blade tip height of 57.6m, there is no change to the approved hub height.
Planning History
P/2014/0110 - Erection of a wind turbine, 54.7 metres to blade tip, rotor diameter of 29.1m and 40 metres to hub, siting of a control box and all associated works E:296673 N:313359 - CC
P/2015/0647 - Section 73 application to vary condition 2 of planning approval P/2014/0110 to reduce turbine height to 48.01 metres to blade tip height and 30.52 metres to hub height. - WITHDRAWN
1 Page 85 P/2013/0831 - Full: Erection of a replacement single 50Kw turbine, control box and all associated works (measuring 46.3m to blade tip, 36.7m to hub height and 19.2m in blade diameter, grid ref E 296856, N 313404) - WITHDRAWN
Plotted nearby: P/2015/1146 - current full application for turbine
SO/2012/0040
Principal Planning Policies
National Planning Policy
Planning Policy Wales Edition 8 (2016) TAN 5 - Nature Conservation and Planning (2009) TAN 6 - Planning for Sustainable Rural Communities (2010) TAN 8 - Renewable Energy (2005) TAN 11 – Noise (1997) TAN 13 – Tourism (1997) TAN 18 – Transport (2007) TAN 23 – Economic Development (2013) Circular 60/96 Circular 61/96 Circular 1/98 Welsh Government: Study into the Potential Economic Impact of Wind Farms and - Associated Grid Infrastructure on the Welsh Tourism Sector (February 2014)
Local Planning Policy
Powys Unitary Development Plan (2010) UDP E3 - Wind Power UDP E4 - Removal of Redundant Turbines UDP EC7 - Farm / Forestry Diversification for Employment Purposes in the Open Countryside UDP ENV1 - Agricultural Land UDP ENV 14 - Listed Buildings UDP ENV 17 - Ancient Monuments & Archaeological Sites UDP ENV 18 - Development Proposals Affecting Archaeological Sites UDP ENV 2 - Safeguarding the Landscape UDP ENV 3 - Safeguarding Biodiversity & Natural Habitats UDP ENV 4 - Internationally Important Sites UDP ENV 5 - Nationally Important Sites UDP ENV 7 - Protected Species UDP GP1 - Development Control UDP GP2 - Planning Conditions and Obligations UDP GP3 - Design and Energy Conservation UDP GP4 - Highway and Parking Requirements UDP RL6 - Rights of Way and Access to the Countryside UDP SP12 - Energy Conservation & Generation UDP SP3 - Natural, Historic and Built Heritage UDP TR2 - Tourist Attractions and Development Areas
2 Page 86 RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement
Officer Appraisal Members are advised to consider this application in accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, which requires that, if regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise.
Section 96A of the TCPA 1990 allows a non-material amendment to be made to an existing planning permission via a simple application procedure to the local planning authority.
The responsibility for determining whether a proposed change is non-material lies with the local planning authority. It must be satisfied that the amendments sought to the planning permission are non-material in nature and can therefore be determined as an application under Section 96A of the TCPA 1990.
In determining an application for non-material amendments, consideration must be given to the effect of the change on the previously approved application. In order to determine whether or not the proposed changes would qualify as a non-material amendment, the amendments will be considered in line with 4 key tests.
Is the scale of the proposed change great enough to cause an impact different to that caused by the original approved development scheme?
Would the proposed change result in a detrimental impact either visually or in terms of local amenity?
Would the interests of any third party or body be disadvantaged in planning terms?
Would the proposed change conflict with national or development plan policies?
The non-material amendment application seeks minor revisions to the design of the approved wind turbine permitted under application P/2014/0110. Since this application was approved, the specification of this particular wind turbine has been updated to improve low wind speed performance. This improvement reduces noise profile and this is achieved by increasing the length of the blades by 2.95m. The location of the wind turbine has not changed. The sizes of the approved and proposed wind turbines are detailed below: -
Approved Wind Turbine. Hub to ground level – 40.1m Blade tip height – 54.7m Blade diameter – 29.1m
Proposed Wind Turbine Hub to ground level – 40.1m Blade tip height – 57.6m Blade diameter – 34.9m
3 Page 87 Considering the above, the only change between the approved and the proposed turbine is that the blade tip height of the revised turbine would be marginally (2.9 metres) greater than that previously approved. When considered in the context of the overall scale of the turbine, the proposed 2.9 metre increase would not be readily apparent to the casual observer when passing the site. Therefore, it is not considered that the revisions to the turbine design would have a materially greater impact than the development already approved as part of application P/2014/0110. Having compared the approved and submitted ZTV plans, it is considered that the amendments would result in no greater material impact than the development as previously approved with regards to visual impact.
The Environmental Health Officer has confirmed that, following a review of the information submitted, there are no objections to the application as the noise conditions on the original consent are still applicable and can still be complied with. In fact, the information submitted details that the proposed turbine will have a slower turning speed resulting in a marginally quieter unit than that previously approved.
By virtue of its size, scale, height, position, materials and design, the proposed turbine would not have a materially greater effect than the previously approved wind turbine in terms of its impact on the living conditions of the residents of nearby dwellings, on local wildlife populations, on the local landscape character, or upon the enjoyment of the countryside for recreation. For these reasons, it is considered that the proposal would not disadvantage any third party to any greater extent that the previously approved scheme and the proposal would continue to comply with the local and national planning policy.
Summary The proposal is not considered to have any greater material effect than that previously approved, and therefore, in this instance the proposal would constitute a non-material amendment to the original planning permission for the purposes of Section 96A of the Town and Country Planning Act 1990 (as amended).
Decision Approve ______Case Officer: Eddie Hrustanovic- Swyddog Cynllunio / Planning Officer Tel: 01938 551231 E-mail:[email protected]
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Delegated List
30/12/2015 09 20/01/2016 09 For the purpose of the Local Government (Access to Information) Act 1985, the background papers relating to each individual planning application constitute all the correspondence on the file as numbered in the left hand column.
FOR INFORMATION Decisions of the Head of Regeneration, Property & Commissioning on Delegated Applications
Application Valid Decision Decision notice Proposal Location No. Date sentdate
WELSHPOOL CRICKET AND P/2015/1037 12/11/2015 00CONSENT 05/01/2016 Extension to existing R U G BY UNIO N FOOTBALL CLUB FULL equipment store PITCHES SEVERN ROAD WELSHPOOL
land at Barland Farm P/2015/1097 10/11/2015 00PP NEEDED 05/01/2016 Section 73 application Evenjobb REM to remove / vary condition no. 2 attached to planning permission Presteigne P/2015/0381 (to allow layout changes) LD8 2SH
Page 91
1 Application Valid Decision Decision notice Proposal Location No. Date sentdate
4 & 6 P/2015/1002 16/11/2015 00CONSENT 06/01/2016 Erection of boundary HOUS fence in place of Leylandii Hedge Mortimer Road (Retrospective) Montgomery
SY15 6UJ
Dorthonion P/2015/1022 11/11/2015 00CONSENT 06/01/2016 Section 73 application Forge REM to vary Condition no. 2 of planning permission P/2015/0628, Works to be carried out in accordance to drawing SY20 8RN no 15119-3
Land at Tan House P/2015/1033 11/11/2015 00REFUSE 06/01/2016 Erection of 4 no. log Dolau FULL cabins for holiday purposes, new access and associated Llandrindod Wells roadways and installation of sewerage LD1 5TW disposal plant.
Cil Pentre Farm P/2015/1035 17/11/2015 00CONSENT 06/01/2016 Reserved matters Cill RES application for appearance, landscaping, layout, Berriew scale in connection with the erection of an SY21 8AY agricultural workers dwelling, garage and associated works (P/2015/0169)
Rhiwnachor P/2015/1040 17/11/2015 00CONSENT 06/01/2016 Erection of stable block Llanfihangel FULL
SY22 5HZ
Page 92 2 Application Valid Decision Decision notice Proposal Location No. Date sentdate
Rockfield P/2015/1098 09/11/2015 00CONSENT 06/01/2016 Replacement of single HOUS garage with detached double garage Ffrydd Road Knighton
LD7 1DE
The Old Bakery P/2015/1099 11/11/2015 00CONSENT 06/01/2016 Erection of 1st floor New Radnor HOUS extension Rectory Lane Presteigne
LD8 2TF
Trericket Mill P/2015/1100 11/11/2015 00CONSENT 06/01/2016 Change of use from Erwood FULL guesthouse (C1) to private dwelling (C3) Builth Wells
LD2 3TQ
Lloyds P/2015/1107 11/11/2015 00REFUSE 06/01/2016 Change of use from FULL hotel and restaurant to a dwelling 6, Cambrian Place (retrospective) Llanidloes
SY18 6BX
Dolfor Primary School P/2015/1108 12/11/2015 00CONSENT 06/01/2016 Conversion of Dolfor FULL redundant school into dwelling and erection of garage Newtown
SY16 4BN
Page 93
3 Application Valid Decision Decision notice Proposal Location No. Date sentdate
7 Windsor Terrace P/2015/0115 16/02/2015 00CONSENT 07/01/2016 Householder: Cladding HOUS and painting to the single storey rear Garsiwn extension Machynlleth
SY20 8DA
Former Derwen Garage Site P/2015/0442 12/11/2015 00REFUSE 07/01/2016 Demolition of existing OUT garage/workshop to provide 5 residential Derwen Road dwellings (All matters Ystradgynlais reserved). SA9 1HL
8 Maple Ridge Close P/2015/0975 16/11/2015 00REFUSE 07/01/2016 Relocation of existing HOUS fencing and erection of new (restrospective) Llandrindod Wells
LD1 5NX
P/2015/1029 12/11/2015 00LAWFUL USE 07/01/2016 Section 192 certificate Upper Cwmtwrch CLA2 of proposed use to provide drop kerb to 81 Heol Gleien existing front parking area and construction of rear sunroom/lounge SA9 2UF
P/2015/1105 12/11/2015 00CONSENT 07/01/2016 Demolition of utility and Lower Cwmtwrch HOUS Erection of single storey rear extension 8 Palleg Road
SA9 2QE
Page 94 4 Application Valid Decision Decision notice Proposal Location No. Date sentdate
Trwstllewelyn P/2015/0996 13/11/2015 00CONSENT 08/01/2016 Installation of 10kw Garthmyl FULL ground mounted pv panels Montgomery
SY15 6SE
P/2015/1130 19/11/2015 00LAWFUL USE 08/01/2016 Section 192 lawful CLA2 development certificate for the proposed use of 1 Hillcrest Close dwelling for Llandrindod Wells childminding LD1 6BW
Fronheulog Boncyn Celyn P/2015/1047 16/11/2015 00CONSENT 11/01/2016 Proposed conversion Llanwddyn FULL and extension of agricultural building to residential use. To include works to roof, demolition of 3 SY10 0NN outbuilding and all associated works
Plot Adjacent The Laurels P/2015/1122 16/11/2015 00CONSENT 11/01/2016 New residential FULL dwelling, garage & ancillary works Green End Presteigne
LD8 2DR
land at Y Bwthyn Gwyn P/2015/0964 18/11/2015 00REFUSE 12/01/2016 Certificate of lawfulness Llanwrin CLA2 for a proposed use namely erection of a carport attached to Machynlleth existing building SY20 8SS
Page 95 5 Application Valid Decision Decision notice Proposal Location No. Date sentdate
Alexandra House P/2015/1134 18/11/2015 00LAWFUL USE 13/01/2016 Section 192 Lawful CLA2 development certificate for a proposed use as a 1 Irfon Bridge Road childminder Builth Wells
LD2 3HF
P/2015/1132 19/11/2015 00CONSENT 14/01/2016 Erection of conservatory HOUS to rear of dwelling 2 Brookland Road Llandrindod Wells
LD1 6DB
Hundred House Inn P/2015/1143 24/11/2015 00CONSENT 15/01/2016 Demolition of part of Bleddfa FULL building and erection of extensions to pub and dwelling house, Knighton including change of use part of ground floor in LD7 1PA connection with reconfiguration and other external alterations
Land at Rock Glen P/2015/0973 25/11/2015 00CONSENT 18/01/2016 Erection of a Crossgates FULL dwellinghouse with detached Rock Road garage/carport, Llandrindod Wells formation of vehicular access and associated LD1 6RR works (resubmission)
Elan Valley Visitor Centre P/2015/1039 01/12/2015 00CONSENT 18/01/2016 Proposed extension to Elan Valley FULL existing play area and associated fencing and erection of new storage Rhayader shed LD6 5HP
Page 96
6 Application Valid Decision Decision notice Proposal Location No. Date sentdate
TYDDYN BRITTON P/2015/1066 23/11/2015 00CONSENT 18/01/2016 Single storey side PONT ROBERT HOUS extension
SY22 6HY
DOLAU CEIMION P/2015/1072 23/11/2015 00CONSENT 18/01/2016 Demelition of lean-to & LLANERFYL FULL outbuilding, erection of single storey extension, change of use of agricultural building SY21 0JJ
0
Cwm Brith Bank P/2015/1004 24/11/2015 00CONSENT 19/01/2016 Construction of two Cefnllys FULL areas of hard standing and improvements to access Llandrindod Wells
LD1 5PD
Coed Cowrhyd P/2015/1054 24/11/2015 00CONSENT 19/01/2016 Reserved matters Meifod RES application for access, appearance, landscaping, layout, Welshpool scale in connection with the erection of an SY22 6HW agricultural workers dwelling and associated works P/2011/0572
Page 97
7 Application Valid Decision Decision notice Proposal Location No. Date sentdate
Chalet Pt Os 3260 P/2015/1127 18/11/2015 00CONSENT 19/01/2016 Construction of Bettws Cedewain FULL reception/office log cabin (B1 use class) with septic tank Newtown drainage system in connection with existing SY21 8QJ holiday enterprise
117 Garth Owen P/2015/1161 16/12/2015 00LAWFUL USE 19/01/2016 Section 192: Certificate CLA2 for a proposed use of dwelling as childminding Glandwr service Newtown
SY16 1JP
Page 98
8 PTLRW13 - 2016
Penderfyniad ar yr Apêl Appeal Decision
Ymweliad â safle a wnaed ar 30/11/15 Site visit made on 30/11/15 gan Iwan Lloyd BA BTP MRTPI by Iwan Lloyd BA BTP MRTPI Arolygydd a benodir gan Weinidogion Cymru an Inspector appointed by the Welsh Ministers
Dyddiad: 12/01/2016 Date: 12/01/2016
Appeal Ref: APP/T6850/A/15/3136739 Site address: 3 Green Gardens, Rhayader, Powys 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 Miss Carmel Doyle against the decision of Powys County Council. The application Ref P/2015/0716, dated 21/07/2015, was refused by notice dated 7/10/2015. The development proposed is drop kerb at property.
Decision
1. The appeal is dismissed.
Main Issue
2. This is the effect of the development on highway safety.
Reasons
3. I observed during my visit that work had started on the provision of the driveway to facilitate the proposed development. The property is a mid-terrace dwelling fronting the A44 known as East Street. A road junction which leads to Dark Lane is a short distance to the east of the row of terrace properties. This junction serves the residential area north and east of Rhayader and links with North Street (A470) thereby avoiding the junction near the town clock where the A470 converges with the A44.
4. Next to the appeal property is a hedge which is some 2m in height. On the other side there is a lower hedge. To the side of No.1 there is an existing driveway adjacent to the Fire Station. No. 6 has also an established access and turning area. The appellant seeks an off-road parking space because it is asserted that the junction to the east of No. 3 has restricted visibility due to parked vehicles on the A44.
5. The appellant notes that several properties have dropped kerb driveways and that the proposal is sought to improve her safety and convenience as she is expecting a baby in February. The appellant asserts that the driveway has sufficient space to make a three-point turn to enable forward and safe exit.
6. Although I note the existence of other driveways in the vicinity of the appeal site in this particular case visibility is restricted by the 2m high hedge. The driveway is also deficient in width to allow a vehicle to turn easily either resulting in several
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manoeuvres adjoining the footway which would be dangerous to unseen pedestrians or could result in a reversing manoeuvre onto the busy A44. At this point such a manoeuvre would be dangerous for the driver and other road users because the vehicle would be obscured by the hedge and parked vehicles and visibility for the driver would be similarly restricted for the same reasons.
7. I accept that the road junction to the east might be somewhat restricted in terms of visibility due to parked vehicles on the A44 but this has been designed to cater for the wider residential area and would accord with appropriate highway design standards.
8. The proposal in my view would not be a safe arrangement such that it would fail to comply with Powys Unitary Development Plan Policy GP4 and Planning Policy Wales Technical Advice Note 18: Transport. I conclude that the proposed development would harm highway safety and would be significantly worse than the current access arrangements from the junction to the east. Iwan Lloyd
INSPECTOR
http://planninginspectorate.gov.wales/ Page 1002