Brecon Beacons National Park Authority
PLANNING, ACCESS AND RIGHTS OF WAY
COMMITTEE
25 April 2017
RECOMMENDATIONS OF THE DIRECTOR OF PLANNING
ON APPLICATIONS FOR DETERMINATION BY
THE PLANNING, ACCESS AND RIGHTS OF WAY
COMMITTEE
Page 1 of 51
APPLICATION NUMBER: 16/13308/OUT APPLICANTS NAME(S): Miss Gladys Davies SITE ADDRESS: Heol Off Heol Sant Cattwg Llanspyddid Brecon Powys LD3 8PD
GRID REF: E: 301282 N:228148 COMMUNITY: Glyn Tarell DATE VALIDATED: 4 May 2016 DECISION DUE DATE: 16 May 2017 CASE OFFICER: Donna Bowhay
PROPOSAL Construction of residential development and associated works
ADDRESS Heol Off Heol Sant Cattwg, Llanspyddid, Brecon
Page 2 of 51 CONSULTATIONS/COMMENTS Consultee Received Comments
Dwr Cymru 27th May We refer to your planning consultation relating to the above site, and Welsh Water 2016 we can provide the following comments in respect to the proposed - Developer development. Services We would request that if you are minded to grant Planning Consent for the above development that the Conditions and Advisory Notes provided below are included within the consent to ensure no detriment to existing residents or the environment and to Dwr Cymru Welsh Water's assets.
SEWERAGE Conditions No surface water and/or land drainage shall be allowed to connect directly or indirectly with the public sewerage network. Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment.
Advisory Notes The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. SEWAGE TREATMENT No problems are envisaged with the Waste Water Treatment Works for the treatment of domestic discharges from this site.
WATER SUPPLY
Page 3 of 51 Dwr Cymru Welsh Water has no objection to the proposed development.
Our response is based on the information provided by your application. Should the proposal alter during the course of the application process we kindly request that we are re-consulted and reserve the right to make new representation.
If you have any queries please contact the undersigned on 0800 917 2652 or via email at [email protected]
Please quote our reference number in all communications and correspondence. Glyn Tarrell 26th May This response is on behalf of the Glyn Tarell Community Council. Community 2016 Glyn Tarell Community Council understands that the principle of Council development has been established for this site via the Local Development Plan. However the practicalities of development are another matter. The site in question has a number of outstanding issues which may impede development, engineering solutions and access to the site making the reality of development less clear cut. The aforementioned Local Development Plan and the Wellbeing of Future Generations Act (2015) also place a duty of demonstrable community resilience on any plans for development. Glyn Tarell Community Council objects to the proposed developments on Land off Heol Sant Cattwg on the grounds that a number of issues that will need to be addressed before any development take place. These are set out below. 1. Land drainage is a major issue in Llanspyddid. Cllr Hill has been working with Simon Crowther (Assistant Land Drainage Engineer, Powys County Council) for three years to find a resolution to these issues In the Drainage Strategy Report for the proposed development the ditches to the east and west of the development land are to be used to drain the water away. These ditches are already inadequate in heavy rain. During the survey that Cllr Hill carried out with Simon Crowther on 29th February 2016 it was established that the ditch on the western side ends at the stile. No pipe is visible and no connection found to the land drainage pipe under Heol Sant Cattwg. The water flows from the end of the ditch, over the surface across Ty Usk land, then into Church Lane. See photographs 1 and 2 below. From Ty Usk land most drains into the open culvert in Church Lane but some may flow down the lane directly onto A40 The land drainage pipe under Heol Sant Cattwg is the only source of water for the open culvert bordering Ty Usk's garden in normal conditions. Most of the land drainage from Heol Sant Cattwg flows into this open culvert. In heavy rain the volume of water from this pipe in combination with that flowing from the proposed development site
Page 4 of 51 overwhelms the culvert and has contributed to flooding on the A40 and bubbles up through the manhole cover in the carriage way. See photographs 3 and 4 below 1. Behind the stile is the proposed 2. Water draining across Ty Usk development site. land because there isn't a pipe to Photograph taken on 31st December 2015 carry the water away. Photograph taken on 3rd January 2016 3. This is the A40 junction with Church Lane looking towards Brecon taken on 1st January 2014. 4. Looking down Church Lane from junction of Ty Usk's drive and footpath from proposed development taken on 5th February 2014 The ditch on the eastern side is not much better. The outflow from this ditch is not certain but possibly flows on a small pipe under the Cartref's garden or along the border between Cartref and Ty Usk to a small stone trough beneath the hedge adjacent to A40. In heavy rain the water from the ditch flows through the remains of a dry stone wall that borders the proposed development and the adjacent field to the east, then into the garden of Cartref threatening their house. This is without drainage from the hard surfaces from the proposed development. A resolution to the land drainage issues in Llanspyddid is being worked on by Powys County Council Land Drainage team. Land drainage issues throughout Llanspyddid need to be resolved before the proposed development takes place. 2. Does the small water treatment plant that serves Llanspyddid have the capacity for sewage from these additional houses? Also during the survey on 29th Feb 2016 there was evidence that sewage was getting into the land drainage system (toilet paper caught on manhole rungs in manhole in Church Lane). We would expect the developers to establish that the capacity of the water treatment plant is sufficient and the existing pipes are in sound condition before connecting to the existing system. 3. Most households now have at least two cars or more. There is parking allocated for 31 cars in the plans for the proposed development. This number of additional vehicles turning in and out of the one junction into Llanspyddid from A40 would increase the risk of accidents where there have been many on or near the junction already. Most notable was the collision with the bus stop 14th November 2014. Please refer to the photograph below. The bus stop is approximately 15m from the junction into Llanspyddid, on the opposite side, and is used by school children to catch the school bus into Brecon each morning. See photograph below. This car was coming from the Sennybridge direction, apparently taking evasive action to avoid another that had braked to turn right into Llanspyddid. Photograph 5
Page 5 of 51 Other accidents that have occurred between the Llanspyddid village signs are listed below. October 2014 - A car span off the road and collided with the boundary wall of Ty Usk House 16 November 2014 - Driver coming from Brecon swerved to avoid a fox and ended up in the hedge on north side of the road near signs east of Penishapentra Farm 16 January 2015 - Car came off road near signs east of Penishapentra Farm and ended up in the hedge. Direction of travel not certain. October 2015 - A car lost control and collided with the wall on the east side of the eastern entrance to the Old Vicarage. In addition there is no street lighting at the junction making it very difficult to see at night, especially coming from Sennybridge. The Welsh Government Transport Department needs to review this proposal in detail and include a reduction in the speed limit and lighting at the junction. It is surprising that the Welsh Government Transport Department has not been consulted as all of vehicles from the proposed development will access the A40 at this junction. The only other alternative route into Llanspyddid is a very minor road which leads to Warren Road and Mynydd Illtydd. A reduced speed limit has been approved by the Welsh Government but is not due to be implemented until 2017/2018. Is this sufficient for the additional vehicles to access this junction? It would be expected that the developer ensures that the speed limit is in place and there is improved lighting at the junction before any proposed development takes place. 4. The additional number of cars passing to/from the proposed development would also have a huge impact for all of Heol Sant Cattwg, particularly for residents on the lower section of Heol Sant Cattwg. Many of these properties do not have off road parking so the road is restricted by parked cars. This means that traffic cannot flow in both directions at the same time. There is only one way in/out of Heol Sant Cattwg so all vehicles have to pass through this section so there is potential to cause congestion at going to and from work/school times. Only two weeks ago Heol Sant Cattwg was blocked by an ambulance forced to stop opposite parked cars in this section so that they could access a property where an elderly person had fallen. The increased traffic will also present additional risk to children travelling to and from the playground as well as to residents attending the church and the Church Field where most of the village events are held. Consideration must be given to the safety and wellbeing of existing residents. 6. From Meadowside towards Church 7.From Church looking south, up HSC In addition larger vehicles bringing in building materials during construction would create extra pressure. Should the proposed development go ahead it would be
Page 6 of 51 expected that the developer would prevent larger vehicles entering Heol Sant Cattwg before 9am. 5. Number 17 Heol Sant Cattwg currently has a private garage where the road is to enter the site of the proposed development and use the spur road for their parking. They do not have space to the front of their property to make off road parking yet no provision for alternative parking for them has been suggested in the plans. This needs to be addressed. 6. There is currently an electrical transformer located on site which has not been accounted for in the plans. What will happen to this? How will electricity be supplied to the new development? Llanspyddid is served by several overhead transformers and overhead cables. Is the capacity sufficient for the additional houses in this proposed development? 7. There is currently a right of way through the proposed site which is not indicated on the proposed plan. What are the proposals for re- routing this? The increased traffic along with existing roadside parking in the lower section of Heol Sant Cattwg means that the safety of walkers travelling up Heol Sant Cattwg is in question. Some forethought should also be used to accommodate any future development south of the proposed site. Where will the right of way go then? 8. There are no public places for people in Llanspyddid to gather or hold events in inclement weather. There is no pub, village hall, village shop or post office. The church does not have any public facilities and has low attendance so that it is at risk of closing in the near future. The Local Development Plan outlines the principles of sustainability and the Well being of Future Generations Act (2015) also places a duty of demonstrable community resilience before any development takes place. As a matter of course, this would require the village to have a permanent facility which promotes the interaction of its residents across the generations, cultures and ethnic groups allowing village events and workshops as well as events required by individuals and families. In Llanspyddid it would be expected that any additional development would include a plan to improve the wellbeing of the existing and future residents of this village. Glyn Tarrell 18th Oct Community 2016 Please find attached the response on behalf of Glyn Tarell Community Council Council regarding the Amended Proposals to the development of 'Land Off Heol Sant Cattwg'. This should be read in conjunction with our previous response of 25th May 2016. The photographs are of particular relevance to both responses. This response is on behalf of the Glyn Tarell Community Council. The amendments in the design have done little to change the opinion of Glyn Tarell Community Councillors. We still object on the grounds that many issues still need to be
Page 7 of 51 addressed before any development can take place. 1. In our previous response Land drainage was raised as a major issue in Llanspyddid and that Cllr Hill has been working with Simon Crowther (Assistant Land Drainage Engineer, Powys County Council) for three years to find a resolution to the flash flood events. Both Simon Crowther and Graham Astley (CSP – Local Environment) have recently confirmed that they have been able to secure Welsh Government grant aid funding to progress the flood alleviation study work (Project Appraisal Study) which will hopefully be done this financial year. This study will include the proposed development field therefore no building should take place until this study has been completed. Since our response dated 25th May, there has been another flash flood through the village. This occurred on 20th August. Water poured off the fields into the yards of 34-39 Heol Sant Cattwg. It then progressed through the village where water came up through the drains of 43-47 Heol Sant Cattwg and then overwhelmed the sewage treatment plant for the village resulting in raw sewage flowing into the River Usk, a designated SSSI. It is the nature of the flash floods that occur in the village that residents reported as a concern in the initial consultation by ASBRI compounded by the increased runoff from hard surfaces of the development. ASBRI has mis-reported this in the consultation document 'as concerns about runoff from the development' only. Cllr Hill has established that these flash floods are due to the method of drainage of Warren Road to the south and uphill of the village, not just surface runoff. At four points identified on the map below, the water is directed through the hedges on the north side of Warren Road and in heavy or prolonged rainfall flows directly down to Llanspyddid. The direction of flows A, B, C and D are drawn on the map. Please note flow D which splits just above the upper part of Heol Sant Cattwg. Half the water flows down to 34 Heol Sant Cattwg and the rest of the water drains into the field where the development is proposed. This happened on 20th August, a summer event. Until this issue is resolved the proposed development is at risk of being inundated with water, especially properties 1 and 3, even with the Box and Cellular tanks. The plan shown in the Drainage Strategy Report submitted on 16/09/2016 (including the document in the Dropbox file) show the tanks with the original layout of 12 houses. The amended layout of 11 houses shows the houses much closer to the road. Where are the Cellular Storage Tanks in the amended layout? Under houses 8 and 9? Infiltration techniques have been ruled out as a method for draining water away from the site. The Drainage Strategy Report states that the tanks will drain into the ditch to the east of the proposed development. It is uncertain where this ditch drains to and what its capacity is. The garden of Cartref is regularly inundated with water from this ditch this indicates that the ditch already reaches full capacity.
Page 8 of 51 A map showing the sources of flash floods in Llanspyddid and the directions the flows take. 2. In our response in May we asked whether the sewage treatment plant that serves Llanspyddid had adequate capacity for the additional houses. The flash flood on 20th August indicates that it is already inundated when the village suffers flash floods, causing sewage to escape into the River Usk. 3. In our previous response we expressed concerns about the additional number of cars entering and leaving the village at the junction with the A40 increasing the risk of accidents. This is due to the speed that vehicles pass through the village and the close proximity to the bus stop used by school children who also have to cross the A40 to it. In addition there is no street lighting at the junction. As stated previously Llanspyddid is already a black spot for accidents. In the Updated Planning Statement it is stated ….. "5.27 Policy 59 relates to access provision and accompanying traffic generation, and reads as follows: "…... Instances where access will be considered to be inappropriate are: c) where there is an unacceptable impact on road safety;….." The amended layout shows that there are potentially three less cars than the original. This is not a significant reduction to alleviate our concerns for safety at the junction with the A40. A reduced speed limit has been approved by the Welsh Government but is not due to be implemented until 2017/2018. Is this sufficient for the additional vehicles to access this junction? Why have the Trunk Road Agency not been consulted? 4. Similarly reducing the number of additional cars by three does not alleviate our concerns for the safety of current residents, especially children and the elderly, as they walk through the village to the church or playground and for the flow of traffic through the Llanspyddid. On paper it might look like a two way road but in reality, due to the lack of driveways throughout Llanspyddid cars are parked on the road, especially on the lower section of Heol Sant Cattwg. This effectively makes it single lane so that cars can only go in one direction at a time. All cars from Heol Sant Cattwg and proposed development have to pass through this section to get in or out of the village, one way at a time. Extra vans in the village from council workmen, doing maintenance on all the council houses, this summer cause significant restriction to the flow of traffic by parking opposite other parked cars to be near the properties they were working on. They had to park half on the pavement making it difficult to and unsafe to walk on the pavement. In the Updated Planning Statement it is said ….. "6.4 ……. The indicative site layout indicates that approximately 11 dwellings could be accommodated on the site and whilst this is greater than the LDP allocation, it represents only a
Page 9 of 51 marginal increase in traffic flows. It is therefore considered that the proposed development will give rise to no significant impact on the highways network in terms of either capacity of safety " When the road is already restricted, as it is in Heol Sant Cattwg, any increase in traffic will restrict flow further and impede the safety of residents. Consideration must be given to the safety and wellbeing of existing residents. 5. Where is the parking allocation for 17 Heol Sant Cattwg? Their garage is being removed. They currently use the spur road for parking. They will have no alternative than to continue to park on the spur road causing an obstruction or I another part of Heol Sant Cattwg where there are already problems with parking. Heol Sant Cattwg was designed and built in 1970's when households had one car at the most and the bus service was much better. Now there are at least two cars per house and some have five! Most of these have to be parked on the road and pavement. Some of the driveways are so steep that they cannot be used by cars. 6. In the previous response by Glyn Tarell Community Council it was stated that there are no community buildings in the village in which the community can gather. There are no shops, public house or post office. The church does not have any facilities and the layout is not appropriate for most events. Even the field used for community events at the moment belongs to the church and is designated for burials in the future. Additional residents from this proposed development will put extra strain on the current community of Llanspyddid and make it difficult to become a cohesive community without such facilities. In addition the Updated Planning Statement it states that …. 5.6 In regard to the location of development, PPW advises in terms at paragraph 4.7.4 that: "Local authorities should adopt policies to locate major generators of travel demand such as housing, …. Within existing urban areas or in other locations which are, or can be, well served by public transport, or can be reached by walking or cycling." Llanspyddid is served by a limited bus service between Brecon and Swansea. Getting to the bus stop requires crossing the busy A40 as mentioned in point 1. The Trunk Road Agency classifies the path between Llanspyddid and Brecon as 'informal' and we have a constant battle to have the vegetation cut back a few times a year to make it remotely passable. It is very narrow and close to the oncoming traffic. In addition it is made up of loose stones at best which are not maintained. In some places it is just grass. It is very intimidating to walk along and not suitable for children or people unstable on their feet. It is certainly not suitable for children's buggies, mobility scooters or cyclists. The speed of vehicles along the A40 and the number of accidents that have occurred in this area makes it a daunting prospect to cycle along the road itself. These points mean that Llanspyddid is not well served by these modes of transport and make multiple cars per house essential. Glyn Tarell Community Council therefore rejects the proposals at this time and do not feel
Page 10 of 51 that points previously made have been recognised or fully addressed. Glyn Tarrell 3rd Jan Further to our conversation before Christmas, I would like to register Community 2017 my interest to speak regarding the planning outline application Council 16/13308/OUT (proposed development of land off Heol Sant Cattwg, Llanspyddid). I should be grateful if you could give me notice of when this is likely to be discussed. Natural 3rd Jun We have significant concerns with the proposed development as Resources 2016 submitted. Wales/Cyfoeth We recommend that planning permission should only be granted by Naturiol your Authority if the following requirements can be met. Cymru Requirement 1. Your Authority undertake an assessment of the project under the Conservation of Habitats and Species Regulations 2010. We note that the development site is near the River Usk Special Area of Conservation (SAC) and River Usk (Upper Usk) Site of Special Scientific Interest (SSSI). As the competent authority in terms of the Conservation of Habitats and Species Regulations 2010 (as amended) we advise you that the proposal may have Implications for the River Usk SAC, and as the competent authority a test of likely significant effects under Regulation 61 of the Conservation of Habitats and Species Regulations 2010 (as amended) should be carried out. As a competent authority and for the purposes of the 2010 Regulations, your authority must not normally agree to any plan or project unless you are sure beyond reasonable scientific doubt that it will not adversely affect the integrity of a SAC. Section 28G of the Wildlife and Countryside Act 1981 (as amended) places a duty on public authorities in exercising their functions, so far as this is likely to affect the flora, fauna, geological or physiographical features of a SSSI, to take reasonable steps consistent with the proper exercise of their functions to further the conservation and enhancement of those features. Appropriately addressing these matters for the SAC will likely satisfy the duties under Section 28G regarding the River Usk (Upper Usk) SSSI. In addition we remind you of the need to consider this proposal 'in combination' with other developments in the vicinity. If your Authority is minded to grant planning permission despite our concerns, please re-consult us. Landscape In addition to the National Park, the site of the proposal lies within the Middle Usk Valley: Brecon & Llangorse Landscape of Special Historic Interest. Our assessment is that the proposal is unlikely to have significant adverse landscape or visual impacts on the National Park, and unlikely to have more than local impact on the Registered Landscape of the Middle Usk Valley: Brecon & Llangorse. NRW Remit If the applicant requires guidance on matters within our remit then this can be found on our website at www.naturalresourceswales.gov.uk. Here, we provide guidance on environmental planning and regulatory
Page 11 of 51 issues, which includes topics on foul drainage, pollution prevention, waste management, biodiversity and protected species. Natural 25th Oct Do not wish to comment Resources 2016 Wales/Cyfoeth Naturiol Cymru NP Heritage 24th May Thank you for the consultation on this application. Officer 2016 Archaeology We note the inclusion of a desktop study report from Headland Archaeology which accompanies this application.
The desktop study concludes from a documentary search alone, with no visit to the site to corroborate any evidence, that the archaeological potential is low. We disagree with these findings and would recommend that additional pre-determination evaluation in the form of investigative trenching should take place to better inform the application and the determining authority.
In 5.1 of the Headland Archaeology report they record 'uneven ground' within the development area from 2 metre reolution LIDAR data, but do not elaborate further on what these features may represent. In 5.3 it is clear that a medieval field system lies just outside the boundary of the application area and this is indicative of an open field system attached to a small settlement. It is noticeable that the field system stops at the point where the 'uneven ground' within the application area is encountered and this suggests a transition from field system to settlement area. It is clear that the clients topographic survey, based on 5 metre spaced spot heights, is too low a resolution to map any archaeological features and this is recognised as an information gap in the report. In 7.2 the information available has clearly not allowed Headland Archaeology to make an informed decision about the physical impacts of the development on any potentially unrecorded archaeology: 'the magnitude of effect is difficult to predict'.
Looking at the 2 metre LIDAR ourselves it is clear that potentially signifcant earthworks (see attached) are visible within the development area and may include the rectangular platforms of at least one medieval structure. The earthworks continue outside the development area to the south and up the gentle slope of the hillside here. This is suggestive of possible settlement evidence.
In line with Planning Policy Wales, Chapter 6 (Edition 8, Jan 2016), WO Circular 60/96 Planning & the Historic Environment: Archaeology
Page 12 of 51 and the relevant BBNP LDP Policies on cultural heritage (22 and 23) we would therefore advise that additional archaeological evaluation is required here to define the nature, function and dating of the earthworks visible on the LIDAR data.
The applicant will need to engage an archaeological contractor to complete this evaluation in accordance with a brief written by the BBNP Archaeologist (or CPAT Planning Services in the absence of a BBNP Archaeologist). In response the archaeological contractors tendering for the work will forward a written scheme of investigation (WSI) and a quote. The WSI must be approved by either the BBNP Archaeologist or CPAT Planning Services before the evaluation commences.
I have attached a guidance note for the applicant on commissioning archaeological works and an advisory list of archaeological contractors who may wish to tender for this work. Please forward these to the applicant so that they are fully informed on the requirements.
Please contact me if you wish to discuss any of this advice further. NP Heritage 1st Aug Response Officer 2016 A Desk Based Assessment, and an archaeological evaluation have been Archaeology undertaken as part of the outline application process. The results of the assessment and evaluation suggest that there are no archaeological implications for the development. I can confirm that these pieces of work satisfy the archaeological requirements for the site, submitted under planning application 16/13308/OUT. The reports on the works will need to be lodged with the Clwyd- Powys Archaeological Trust. NP Planning 3rd Jun A. Planning Policy & Guidance Ecologist 2016 o To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. o The adopted Local Development Plan for the Brecon Beacons National Park includes the following policies regarding ecological issues and safeguarding biodiversity: o SP3 Environmental Protection - Strategic Policy o Policy 3 Sites of European Importance o Policy 4 Sites of National Importance o Policy 5 Sites of Importance for Nature Conservation o Policy 6 Biodiversity and Development o Policy 7 Protected and Important Wild Species
Page 13 of 51 o Policy 8 Trees and Development o Policy 9 Ancient Woodland and Veteran Trees o Policy 12 Lighting
B. Legislation o Environment Act 1995 - the first Statutory Purpose of the National Park is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park o The Environment (Wales) Act came into effect in March 2016 - from 21st May 2016, Section 6 requires public authorities to seek to maintain and enhance biodiversity. A new list of species and habitats of principal importance in Wales is issued under Section 7. o Conservation of Habitats & Species Regulations 2010 (as amended) - Regulation 9 requires local authorities to take account of the presence of European Protected Species at development sites. If they are present and affected by the development proposals, the Local Planning Authority must establish whether "the three tests" have been met, prior to determining the application. The three tests that must be satisfied are: i. That the development is "in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment". ii. That there is "no satisfactory alternative" iii. That the derogation is "not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range" C. Comments 1. Thank you for consulting me on the above application. The development proposals are in outline for a residential development of 12 units, with all matters to be reserved other than the access to the site. 2. I have reviewed the documents and drawings submitted with the application, which includes the following ecological information: o Extended Phase One Survey - Land Adjacent to Heol St Cattwg, Llanspyddid, Powys by Richard Watkins dated January 2016 3. I welcome the submission of the ecological report with the application and I note that the survey was undertaken in late November 2015. This is outside the optimal season for a survey of this nature; however, it is appreciated that this is an allocated site for housing and the field itself is improved grassland of limited ecological interest. The hedgerow along the eastern boundary of the site is a valuable biodiversity feature in the locality and it will need to be retained and appropriately managed; a Section 106 agreement may be necessary to secure this in the long term. 4. The site is approximately 70 metres from the River Usk Special
Page 14 of 51 Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI). It will be essential to ensure that surface water drainage can be appropriately managed at the site to ensure that impacts on the designated site can be avoided. Natural Resources Wales have provided comments on the application and stated that the BBNPA will have to undertake a screening assessment for Likely Significant Effects on the River Usk SAC (as required under Regulation 61 of the Conservation of Habitats and Species Regulations 2010 (as amended)). In the absence of a surface water drainage strategy for the site, the BBNPA is not able to undertake this screening assessment; a Surface Water Drainage Scheme is therefore required to demonstrate that appropriate measures can be accommodated. I also endorse the comments of the NPA Tree Consultant regarding potential impacts on the hedgerow if a ditch were to be excavated along the hedgerow. 5. There are a number of other issues that will need to be resolved as part of the Reserved Matters: a. It will be important to ensure that any external lighting is of an appropriate design and sensitively located to avoid light-spill towards bat roosting areas or wildlife corridors. b. There will be opportunities to accommodate biodiversity enhancement measures such as bat bricks or gaps for bat roosting behind weatherboarding; I recommend that at least twelve features for bats or nesting birds are specified (type and location) at the site. c. A detailed landscaping scheme will be required that includes biodiversity enhancement through the use of native species planting and appropriate long-term management. D. Recommendations The principle of development at the site has already been established. However, details of a Surface Water Drainage Scheme and how it can be accommodated at the site is required at this stage in order to demonstrate that there will be No Likely Significant Effects on the River Usk SAC. The BBNPA will need to complete a Test Of Likely Significant Effects; if the results are uncertain, a full Appropriate Assessment will need to be undertaken. If this issue can be resolved, I will be in a position to recommend planning conditions to secure details for the following issues: a) The protection and long-term management of the hedgerow along the eastern boundary b) Habitat enhancement measures for bat roosting and nesting birds c) A Landscaping and Biodiversity Enhancement Scheme to include provision for long-term management of the scheme. Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP
Page 15 of 51 o To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016 NP Planning 6th Dec Thank you for re-consulting me on the above application. Ecologist 2016 I understand that the Land Drainage Officer at Powys County Council has agreed that the amended Drainage Strategy is acceptable in principle and has recommended planning conditions to secure a detailed strategy to accompany the final housing layout. It will be essential that there are appropriate measures to protect and manage the drainage ditches on the site to ensure that surface water can be appropriately and acceptably managed during the construction and operation of the development. I understand that attenuation structures are to be accommodated within the development site; a surface water attenuation feature in the north-eastern corner of the site could also deliver biodiversity enhancement as well as a sustainable drainage strategy. The HRA Screening Report (Test of Likely Significant Effects) , as required under the Habitats Regulations 2010, will be completed shortly for the BBNPA. If this application is to be approved, in addition to the conditions recommended by the Land Drainage Officer, I recommend the inclusion of the following planning conditions and informative notes: 1. Prior to commencement of development works and prior to any vegetation clearance, a Construction and Environmental Management Plan (CEMP) shall be submitted to the Local Planning Authority and shall be implemented as approved. The method statement shall cover pollution prevention measures, hedgerow protection measures, the ground preparation of the site and the construction phase. 2. Prior to the commencement of development, an external lighting plan shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with bat mitigation/enhancement measures and woodland/ hedgerow habitats and shall be implemented as approved. 3. Prior to the commencement of the development, a landscaping plan shall be submitted to and agreed in writing with the Local Planning Authority. The plan shall include details of the planting specifications - the species, sizes and planting densities - and a timetable for implementation and future management to ensure good establishment. The plan shall be implemented prior to or during the first planting season following first occupation or beneficial use of any part of the development and shall be maintained thereafter. Any shrubs or trees that become diseased or die in the first five years after planting shall be replaced with the same or similar native species. Notwithstanding the above, no topsoil shall be applied to the wildflower grassland areas. 4. Prior to the commencement of development works, a
Page 16 of 51 biodiversity enhancement and management scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include reference to the Biodiversity in the Towns of the Brecon Beacons Supplementary Planning Guidance, the Section 7 List of Priority Habitats and Species under the Environment (Wales) Act 2016 and particularly the following measures: a) Provision of at least twelve features for bat roosting and bird nesting b) Provision and management of areas of wildflower meadow c) Provision for the long-term management of the grassland and hedgerow habitats d) Biodiversity enhancements within the surface water drainage strategy (ditches and attenuation features) e) A programme of habitat monitoring and provision for remedial measures as necessary The scheme shall be implemented in accordance with the approved details and maintained thereafter. Informative notes: 1. All nesting birds , their nests, eggs and young are protected by law and it is an offence to: o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally take or destroy the egg of any wild bird o intentionally (or recklessly) disturb any wild bird listed on Schedule1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird. The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine of up to 5,000 pounds, six months imprisonment or both. The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) to remove or work on any hedge, tree or building where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built, (usually between late February and late August). If a nest is discovered while work is being undertaken, all work must stop and advice sought from Natural Resources Wales. 2. Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000 Reasons:
Page 17 of 51 o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6, 7 and 10 of the adopted Local Development Plan for the BBNP o To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016 NP Rights Of 26th May I've already discussed this site with Asbri Planning as there is public Way Officer 2016 footpath along the edge of the existing field.
This will be affected by development and so an order under section 257 of the Town and Country Planning Act 1990 will be required to extinguish the section of footpath that is affected.
Development must not be substantially completed over the footpath until the order process has been completed and the road leading into the development must also be adopted (assuming that is the plan) before the footpath is extinguished. A cul-de-sac footpath will otherwise be created.
I presume that the remaining footpath will link to the (adopted) estate road. NP Strategy 31st May Further to my comments of the 26th May, I would like to add And Policy 2016 additional statement in relation to policy S LP3.
This policy states that Development Proposals on allocated sites within Settlements classed as 3C will be required to demonstrate how the design and nature of the scheme has been developed in collaboration with the community through an appropriate and thorough process of engagement.
Llanspyddid is a level 3C settlement, however as the proposed development is in outline with all matters reserved save for access, there are no design issues to be resolved with the community at this stage. The allocation itself has been through extensive consultation with the community and as such the principle of development is a known factor within the community. Accordingly I would not expect the proposal to necessarily comply with this requirement at outline stage. Such engagement will however be necessary at the point of reserved matters where the detail of the scheme can be determined with community input. I therefore request that if you are minded to permit this scheme that an appropriate condition is imposed requiring the detail of the scheme to be subject to appropriate and thorough consultation prior to the submission of reserved matters. NP Strategy 26th May The development plan for the area is the Brecon Beacons National And Policy 2016 Park Local Development Plan 2007-2022 (hereafter LDP) which was adopted by resolution of the National Park Authority on the 17th
Page 18 of 51 December 2013. My observations relate to the proposals compliance with the strategy and policy of the LDP. Proposal The proposal seeks outline permission for the development of allocation DBR-LPD-A. LDP Policy Context The site is located on housing allocation DBR-LPD-A within the Settlement of Llanspyddid, as defined by the LDP Proposals Map. The LDP sets out that Settlements are villages which have the environmental capacity to accommodate appropriately scaled development. Within these settlements the LDP sets out that the focus of development should be enabling residential development to support the vitality and viability of the area. This strategic position is enabled through the LDP in two key ways:- through Policy S LP2 which sets out the forms of development which are acceptable within Llanspyddid, and through appropriate land allocations which seek to define areas of land for specific purposes such as housing. The proposed development site is allocated for housing within the LDP through policy SP 5 and table 6.1. As such, given the status of the land within the adopted Local Development Plan, Strategy and Policy are satisfied that the principal of development on this site is sound. As this proposal seeks outline approval it is difficult to determine the detail of the scheme against policy S LP2, however I note that there is an indicative layout detailing 12 dwellings, comprising mix of 5no. 2 bed properties and 7no. 3 bed properties. 2 dwellings are to be provided on site as affordable dwellings. This is considered to meet the requirements of policy S LP2 (1) in providing an appropriate mix of dwelling types and tenure options to meet local needs. In relation to the requirement for affordable housing. In accordance with policy 28 of the LDP all new development which results in the net gain in dwellings will be required to provide a contribution towards affordable housing. Llanspyddid lies within the Brecon and Rural Hinterland Submarket area. Within this area the level of affordable housing contribution is set at 20% of the total development. For the proposed scheme, this equates to a contribution of 2.4 dwellings. As stated above, this contribution will be met on site, through the provision of 2 dwelling with the remaining 0.4 contribution being provided as a commuted sum to the National Park authority. This contribution will be used to fund affordable housing schemes within the National Park area. Appendix 5 of the Authority's adopted Affordable Housing SPG sets out the formula for the calculation of the commuted sum thus: Commuted sums are calculated on the basis of a percentage of Welsh Government Acceptable costs Guidance (ACG). ACG issued by the
Page 19 of 51 Welsh Government is a recognised measure of the cost of providing affordable housing in different communities in Wales. Therefore the calculation of commuted sums is based on the principle of equating the developer contribution with the accepted Welsh Government Grant level of 58% of the ACG. The formula for the calculation for the calculation of the commuted sum will therefore be: Commuted sum Contribution = A x B x C Where: A= number of units B= 58% of ACG (for relevant property type and band area) C= % of relevant submarket area For the above proposal, the following applies: A= 0.4 B= Brecon is located within ACG Band 2. It is considered that an appropriate dwelling equivalent would be a 4P3B house, which has an ACG of £143,900. 58% of which is £83,462. C= 20% total contribution At present ACG levels, this equates to £6,676.96. It is requested that the contribution is agreed by s106 agreement on the grant of planning permission, however due to the potential timelines between this outline application and eventual construction of dwellings on site, it is requested that the formula for the contribution is detailed within the s106 rather than a financial amount. This is requested to ensure that up to date ACG levels are utilised at the point at which the contribution is payable. In accordance with appendix 4 of the SPG if it can be reasonably demonstrated in writing by the applicant to the satisfaction of the NPA that there are significant factors which mean that the scheme is unviable at the target affordable housing contribution as set out in policy 28, the NPA will seek to verify this using the 3 Dragons Development Appraisal Toolkit (or equivalent process) with a final recourse to the District Valuer. Disputes of viability referred to the District Valuer will be charged at cost to the Developer. Affordable Housing will still be required at a level proven to be viable through the above verification process. Recommendation: The principal of the proposed development is acceptable in accordance with SP5; S LP1; S LP2; and policy 28 of the LDP. Strategy and policy have no objection to the proposed development. As always if you have any concerns relating to the contents of my observations, or require additional clarification of any point please do not hesitate to get in contact. NP Tree 1st Jun I have reviewed the information submitted in support of the above Consultant 2016 application. I carried out an unaccompanied site visit on the 18th May 2016 (photographs attached) and set out my comments below:
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1) The application is an outline application for residential development and associated works, with all matters apart from access reserved for future determination. 2) The applicant has submitted an indicative sketch layout proposal (NP2v1, drawing by Asbri Planning, 1569 sk01) and an extended phase one habitat survey by Richard Watkins, dated 3rd March 2016. 3) No tree report has been provided at this stage. 4) There is an old hedge line along the North Eastern edge of the site, situated on top of an old ditch bank. The hedge has now become a line of multi-stemmed individual trees. 5) The trees present are 3 Goat Willow, one Field Maple, 11 Hazel and 2 Hawthorn. Many of the Hazel are large old coppice stools, with the triple stemmed Field Maple being quite large for the species. 6) The hedge bank and ditch continues beyond the site boundaries to the South East, and flowing water is present in the ditch in this South East corner of the site. 7) Section 6 (p9) of the habitat survey report recommends retention of this line of trees and the implementation of a root protection zone to be retained throughout the development. 8) The Drainage Strategy Report highlights the existing surface ditches on site to the East and West boundaries, and suggests that these could be utilised to aid surface water disposal (p8, section 7.3). 9) However, apart from the far South East corner, the surface ditch alongside the line of trees (as can be seen in the photographs), is not wet or waterlogged and has been grassland for some while. Overall I have no objections to the site becoming a residential site, but I do have concerns about the existing ditch being used for future surface water run-off needs.
With the ditch alongside the trees being completed filled in and grassed over, the adjacent trees will have extended their roots across this area and will be using it fully for supporting structural roots as well as fine feeding roots. Any attempt to dig out the old ditch line would have a serious impact upon the roots potentially severing half of the rooting area and leading to a severe decline in the health of the trees.
If outline consent were granted, I recommend that you add the following conditions:
1) A tree survey in accordance with 'BS5837 : 2012 Trees in relation to design, demolition and construction - Recommendations' - to include all trees around the development boundary plotted onto a tree location plan, a tree constraints plan clearly showing the root protection areas for the trees and any trees to be removed, and a tree protection plan showing the type and position of the protective fencing
Page 21 of 51 around retained trees. 2) Tree protection fencing to be installed as per the approved tree protection plan and is to be inspected by the BBNPA tree consultant and approved in writing, PRIOR to any site clearance works or construction works commencing. 3) A services plan is to be submitted showing the location of proposed surface water, mains water and sewerage pipe runs and their proximity to the retained trees on site. NP Tree 5th Oct I have reviewed the additional information submitted in support of the Consultant 2016 above application, and my comments remain the same as those previously submitted on the 1st june 2016. If outline consent were granted, I recommend again that the following conditions are added to any permission granted: 1) A tree survey in accordance with 'BS5837 : 2012 Trees in relation to design, demolition and construction - Recommendations' - to include all trees around the development boundary plotted onto a tree location plan, a tree constraints plan clearly showing the root protection areas for the trees and any trees to be removed, and a tree protection plan showing the type and position of the protective fencing around retained trees. 2) Tree protection fencing to be installed as per the approved tree protection plan and is to be inspected by the BBNPA tree consultant and approved in writing, PRIOR to any site clearance works or construction works commencing. Powys County 18th May Recommendations/Observations Council 2016 Highways It is noted that the application site as shown on drawing 1569 LP01 does not appear to abut the publically maintained U0365 highway and as such does not include an area of land between the highway and the application site. This matter needs to be addressed as there is a private garage within this area of land which will need to be removed to facilitate provision of the access road and also an area of land required to provide a suitable pedestrian link as detailed on drawing 1569 SK01.
The applicant will need to submit a long sectional drawing to demonstrate that a suitable 1:30 gradient can be provided over the initial 10m and appropriate junction visibility splays need to be detailed on the existing U0365 junction.
Whilst it is noted that this particular application covers the access only, it is felt prudent to point out the following at this stage:-
o Notwithstanding the information provided within the accompanying "Drainage Strategy" the applicant is advised that surface water drainage generated by the site road will need to be drained
Page 22 of 51 separately; no domestic surface water run-off will be permitted within the system unless adoption is sought via Dwr Cymru. Additionally attenuation and storage of such will need to be provided within the road or in a suitably accessible area. o Whilst indicated levels of plot parking do appear in number to reflect CSS Wales Parking Standards, some of the parking bay and garage dimensions appear substandard. o If the applicant wishes to pursue the "shared surface" arrangement, suitable consideration needs to be given to the provision of adequate service verges and suitable consultation with access officers and disability groups need to be evidenced to meet the provisions of the Equalities Act. Designated footway provision is encouraged. o The internal site geometry will need to accommodate service vehicles and also provide sufficient forward visibility. If 15m minimum centreline radius provision is not provided the applicant will need to demonstrate its appropriateness with swept path drawings.
I trust the above matters will be addressed before this matter is determined. Powys County 17th Nov The proposal will effectively change the status of the short length of Council 2016 the U0365 county highway from that of a turning area/individual access, Highways to that of an estate road providing access for up to 11 properties. It is therefore considered essential that the junction visibility is detailed, which despite my previous request the applicant has again failed to do. The Highway Authority is concerned that the existing junction visibility is sub-standard and that land required to undertake the necessary improvements is not within the application site or under the applicants' control. Whilst it is felt that traffic calming measures could be introduced to reduce speeds and hence lower visibility requirements, such proposals have not been submitted. In light of the above I would again request that the above matters be addressed before this matter is determined Powys County 23rd Mar HC6 Clear visibility shall be maintained above a height of 0.6 metres Council 2017 above carriageway level over the full frontage of the developed site Highways effective over a bandwidth of 2.4 metres measured from the edge of the new estate road. 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 for as long as the development hereby permitted remains in existence. 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 10 metres from the edge of the adjoining carriageway. Any
Page 23 of 51 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 each dwelling, provision shall be made within the curtilage of that dwelling for the parking of cars in accordance with CSS Wales Parking Standards. The parking areas shall be retained for their designated use in perpetuity. HC10 The gradient from the back of the footway/verge to the vehicle parking areas shall be constructed so as not to exceed 1 in 15 and shall be retained at this gradient for as long as the dwellings remain in existence. HC11 Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the parking of all construction vehicles together with a vehicle turning area. This parking and turning area shall be constructed to a depth of 0.35 metres in crusher run or sub-base and maintained free from obstruction at all times such that all vehicles serving the site shall park within the site and both enter and leave the site in a forward gear for the duration of the construction of the development. HC19 No building shall be occupied before the estate road carriageway and one footway shall be constructed to and including binder course level to an adoptable standard including the provision of any salt bins, surface water drainage and street lighting in front of that building and to the junction with the county highway. HC20 The estate road carriageway and all footways shall be fully completed, in accordance with the details to be agreed in writing by the Local Planning Authority, upon the issuing of the Building Regulations Completion Certificate for the last house or within two years from the commencement of the development, whichever is the sooner. The agreed standard of completion shall be maintained for as long as the development remains in existence.
HC21 Prior to the occupation of the any dwelling the area of the access to be used by vehicles is to be finished in a 40mm bituminous surface course for a distance of 10 metres from the edge of the adjoining carriageway. This area will be maintained to this standard for as long as the development remains in existence. HC31 The area of each private drive is to be metalled and surfaced in bituminous macadam, concrete or block paviours, prior to the occupation of that dwelling and retained for as long as the development remains in existence. HC32 No storm water drainage from the site shall be allowed to discharge onto the existing county highway. HC33 No development shall commence, until a Construction Method Statement has been submitted to, and approved in writing by the Local Planning Authority. The approved statement shall be adhered to throughout the construction period and shall provide detail on:-
Page 24 of 51 1. The parking and turning facilities within the site for all construction vehicles attending the site. 2. Unloading & loading areas for all construction vehicles attending the site. 3. Details of storage areas for plant & materials. 4. Wheel wash facilities. 5. Measures that control and co-ordinate deliveries of plant and materials, the disposal of waste and the movement of operatives arising from the construction activities, such that the operation of the existing highway network is safeguarded. HC34 No development shall commence until engineering drawings are submitted to and subsequently approved in writing by the Local Planning Authority. The drawings shall include detailed cross sections through the culvert structure adjacent to the site boundary of the site and the adjacent highway, pedestrian desire lines and suitable uncontrolled crossing facilities from the site to the wider highway network and car parking provision for 17 Heol Sant Cattwg. Development shall be carried out strictly in accordance with the approved engineering drawings. Powys County 8th Jun Observations: The LLFA is aware of local flooding issues in and around Council Land 2016 the proposed development site. Photographic evidence of past flooding Drainage has been documented by Glyn Tarell Community Council (as seen in Department the letter from Glyn Tarell Community Council dated 25th May 2016) and it is evident that the capacity of the various existing drainage systems, in and around the proposed development, were being exceeded. Within the submitted Drainage Strategy Report prepared by Quadconsult Limited (dated February 2016), reference is made to two 'drainage ditches' situated along both the east and west boundaries within the proposed site. However, this report does not provide any further detail on how these land drainage systems will be safeguard and or maintained. Layout Plan 01 (Drwg ref: 1569 sk01 Rev B) makes no reference to the land drainage systems and the proposed layout shown on the drawing would clearly compromise the function of both these systems. Comment: The status of the two drainage ditches mentioned in the Drainage Strategy Report are regarded ordinary watercourses, as defined within the Land Drainage Act 1991. As such the LLFA would request that no buildings, structures, fences, planting or alteration of contours shall take place within 5 metres of the top of the bank of any ordinary watercourse, or 3 metres either side of any culverted watercourse. The opinion of the LLFA, in respect to the localized flood threat, is that without further analysis it is not possible to evaluate the impacts not only on the development site itself but also any impacts the development might have on flood risk elsewhere, i.e. surrounding
Page 25 of 51 property and the public highway. There should be no detrimental effect elsewhere. The Applicant would therefore need to demonstrate that the proposed development, including any proposed flood mitigation / alleviation measures, will not have significant flood risk implications on or off the site. Following the principles of TAN15, where the risks of, and consequences of, flooding cannot be managed to an acceptable level then developing this site should be avoided. Informative: The village of Llanspyddid is currently the subject of a Welsh Government grant aid application by Powys County Council to investigate recent flood events. This study work will look at and identify the various flooding mechanisms affecting property in and around the village and provide cost effective solutions to mitigate. The study area will include areas such as Heol Sant Cattwg and the A40T Trunk Road. This application is pending Welsh Government approval. The LLFA is, in general, opposed to culverting of ordinary watercourses and whenever practical will seek to have culverted watercourses restored to open channels. Any proposed diversion or culverting of an ordinary watercourse will require the prior consent from the LLFA under the terms of the Land Drainage Act 1991 (as amended by the Flood & Water Management Act 2010). Recommendation: The LLFA recommends that this application be either refused or withdrawn until the extent of the localised flood threat is fully understood and a satisfactory solution(s) can be provided. Reason: To ensure that the proposed development does not compromise the function of the land drainage system(s) or create or exacerbate flood risk on or off-site and that any proposed alteration to these waterbodies are fully compliant with regulations and are of robust design. Notwithstanding the concerns raised above, should the LPA be minded to approve the application then the following Surface Water Run-off response has been provided for completeness. Powys County 26th Oct PCC Land Drainage has not yet responded to this consultation due to Council Land 2016 workload and other commitments. I realise the deadline has past but Drainage we would still like to submit a response for your consideration and ask Department for an extension. I would hope that we can make a return by mid to end of next week, if that is acceptable? Powys County 7th Nov Thank you for re-consulting the LLFA regarding this application. Council Land 2016 I have now had an opportunity to review the revised drainage drawings Drainage and supporting documentation. Taking into account my earlier Department comments, I note that appropriate amendments have been made. I would confirm that these revisions are generally acceptable. I would therefore recommend that pre-commencement conditions are applied as follows:-
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Surface and Foul Water Drainage Recommendation: No development shall commence until full engineering drawings for the surface and foul water drainage and associated works shall be submitted to and approved in writing by the LPA. The approved surface and foul water drainage scheme shall be completed before the dwellings are occupied. The scheme to be submitted shall show foul drainage being connected to the public sewerage system. Reason: To ensure that the proposed drainage systems for the site are fully compliant with regulations and are of robust design. Land Drainage/Flood Risk Recommendation: No development shall commence until full engineering details and drawings showing the safe-guarding measures for the protection/enhancement of the existing land drainage/ditch systems that cross the site been submitted to and approved in writing by the Local Planning Authority. These details shall include a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the flood risk mitigation works throughout its lifetime. These works shall be operational prior to first occupation of any dwelling. Reason: To ensure that the proposed development does not compromise the function of the existing waterbody and that any proposed alterations are fully compliant with regulations and are of robust design. Informative: Any proposed interference of any existing ordinary watercourse (open channel or culverted) will require the prior consent from Powys CC Land Drainage under the terms of the Land Drainage Act 1991 (as amended by the Flood & Water Management Act 2010). Relevant Ordinary watercourse Consent application forms and guidance notes should be sought from the Land Drainage Section. I hope the above is of assistance. Welsh 16th Nov I refer to your consultation of 28 October 2016 regarding the above Government 2016 application and advise that Transport the Welsh Government as highway authority for the A40 trunk road Department directs that permission be withheld until further notice while additional information is sought from the applicant and/or information provided by the applicant is analysed to enable appropriate highway observations to be made; 1. The applicant must provide the current and predicted (post development), traffic movements for the junction of Heol Sant Cattwg with the A40 Trunk
Page 27 of 51 Road. If you have any further queries, please forward to the following Welsh Government Mailbox [email protected]. ------2016-11-29 I refer to your consultation of 22 November 2016 regarding the above application and advise that the Welsh Government as highway authority for the A40 trunk road directs that permission be withheld until further notice while additional information is sought from the applicant and/or information provided by the applicant is analysed to enable appropriate highway observations to be made; 1. The information supplied does not consider the traffic movements to and from Heol Sant Cattwg at its junction with the A40 Trunk Road. The applicant must therefore provide information to demonstrate the current and predicted traffic movements at the junction of Heol Sant Cattwg and the A40 Trunk Road. Welsh 6th Jan I refer to your consultation of 20 December 2016 regarding the above Government 2017 application and advise that the Welsh Government as highway Transport authority for the A40 trunk road directs that permission be withheld Department until further notice while additional information is sought from the applicant and/or information provided by the applicant is analysed to enable appropriate highway observations to be made; 1. The Technical Note submitted in support of the application has identified that the traffic movement at the junction of Heol Sant Cattwg and the A40 exceeds the 500 AADT threshold and in accordance with Volume 6 Section 2 Part 6 TD 42/95 of the Design Manual for Roads and Bridges (DMRB) consideration must be give to improving the junction. This must be investigated further by the Designer. If you have any further queries, please forward to the following Welsh Government Mailbox [email protected]. Welsh 28th Feb I refer to your consultation of 21 February 2017 regarding the above Government 2017 application and advise that the Welsh Government as highway Transport authority for the A40 trunk road does not issue a direction in respect Department of this application. However further development at the site may require changes to the junction of Heol Sant Cattwg with the A40. If you have any further queries, please forward to the following Welsh Government Mailbox [email protected].
CONTRIBUTORS Mrs G Spiller, 10 Heol Sant Cattwg, LlanspyddidL Huggins, 6 Heol Sant Cattwg, LlanspyddidWT And MR Williams, 37 Heol Sant Cattwg, LlanspyddidJune M Evans, 31 Heol Sant Cattwg, LlanspyddidMr P Stoke, 29 Heol Sant Cattwg, LlanspyddidRose And Mark Bowen, 28 Heol Sant Cattwg, LlanspyddidG Millington, 2 Heol Sant Cattwg, LlanspyddidJ Moseley, 35 Heol Sant Cattwg, LlanspyddidNita James, 33 Heol Sant Cattwg, LlanspyddidM E Lynch, 36 Heol Sant
Page 28 of 51 Cattwg, LlanspyddidKM And P Dawson, 12 Meadowside, LlanspyddidJohn And Sheila Wishart, 8 Meadowside, LlanspyddidDrs Bradley And Sunita Welch, 16 Meadowside, LlanspyddidMr And Mrs D And J Timothy, 47 Heol Sant Cattwg, LlanspyddidMrs Pauline Hill, 42 Heol Sant Cattwg, LlanspyddidMr Barrie James, 46 Heol Sant Cattwg, LlansbyddidK A Davies, 13 Heol Sant Cattwg, LlanspyddidMr S J Griffin, 39 Heol Sant Cattwg, LlanspyddidGaynor White, 34 Heol Sant Cattwg, LlanspyddidG Patterson-Jones, 14 Heol Sant Cattwg, LlanspyddidMr Barry Hill, 42 Heol Sant Cattwg, LlansbyddidMr R J Cook And Miss C A Williams, 11 Heol Sant Cattwg, LlansbyddidMr Patrick L Gaule, 9 Heol Sant Cattwg, LlansbyddidP Hawes, 24 Heol Sant Cattwg, LlansbyddidJ Reid, 23 Heol Sant Cattwg, LlanspyddidMalcolm Prosser, 7 Heol Sant Cattwg, LlansbyddidMr Chris Woodward, Ty Usk, PenpontMrs R Jones, 21 Heol Sant Cattwg, LlanspyddidRonald A G Evans, 20 Heol Sant Cattwg, LlansbyddidMargaret Challenger, 17 Heol Sant Cattwg, LlansbyddidR Williams, 25 Heol Sant Cattwg, Llansbyddid
OFFICER’S REPORT
INTRODUCTION This application seeks outline permission for the construction of residential development and associated works. The means of access is to be determined now, at this outline stage, with all other matters determined at the reserved matters stage. As the application shows the development of more than 10 dwelling houses, it represents a major application, and is therefore being presented to PAROW Committee.
SITE DESCRIPTION The site comprises a rectangular parcel of land of approximately 0.36ha off Heol Sant Cattwg, in the village of Llanspyddid, which is located approximately 2km to the west of Brecon.
The site is allocated for residential development in the Brecon Beacons Local Development Plan.
The land is located to the east of properties numbers 7-17 (odds) Heol Sant Cattwyg and to the south of the rear boundary of the detached residential property known as Ty Usk.
The site comprises of predominantly pasture land used for sheep grazing. It is a gently sloping site at a height of 155m A.O.D. in the north to 159m A.O.D. in the south. The north and southern boundaries are defined by post and wire fencing, the eastern boundary consists of a line of trees situated on a low bank and the western boundary lies adjacent to a public footpath adjacent to the rear of the residential dwellings in Heol Sant Cattwg. Also within the site boundary is a road stub access off Heol Sant Cattwg and a single garage associated with the residential property of No. 17. Heol Sant Cattwg. Access to the site is gained through an existing field gate from Heol Sant Cattwg.
A public right of way known as Ref 344/11/1 extends in a north to south direction from the A470 along the site's western boundary.
Page 29 of 51 The site lies adjacent to an established residential area adjacent to the historic core of Llanspyddid. St Cattwg church lies to the northwest of the site and is listed. Further north of the site lies the A470 and the River Usk.
The site lies within the Middle Usk Valley: Brecon and Llangorse Landscape of Special Historic Interest. The site is of low ecological interest, apart from the hedgerow along the eastern boundary which is a valuable biodiversity feature. There are no watercourses on the site but there are drainage ditches along the western and eastern boundaries of the site.
PROPOSED DEVELOPMENT The proposed development seeks to develop the site for residential development. The application is supported by an indicative layout which illustrates that the site is capable of accommodating 11 dwellings. These are shown as a mixture of semi-detached and terraced houses, comprising an indicative mix of 5no. 2 bed properties and 6no. 3 bed properties along with an associated adopted highway, car parking provision and landscaping.
Two of the 11 units would be provided for affordable housing, with the remaining provision being offered as an off- site commuted sum.
The minimum and maximum proposed dimensions of the dwellings, as amended by the applicant’s email dated 10 April 2017, are as follows:-
Unit type - Width Depth Height 2 bed unit - 4.5-5.0m, 6.0m-8.5m 7.5m – 8.5m 3 bed unit - 4.5m-5.5m 6.0m-9.0m 7.5m – 8.5m
The access will be taken from Heol St. Cattwg, which will necessitate the removal of an existing garage which is being used by No. 17 Heol St. Cattwg.
The public right of way which runs along the western boundary is proposed to be diverted to run along the carriageway of Heol St Cattwg. The overhead electricity line along the western boundary of the site is to be buried, as part of the proposed development.
The application is submitted with the following supporting information:- Planning Statement Design and Access Statement Extended Phase I Habitat Survey Archaeological Desk-Based Assessment (dated 25.01.2016) Archaeological Evaluation (dated July 2016) Pollution Prevention Plan Statement of Community Consultation Transport Technical Note Since the original submission, a number of amendments and/or additional information
Page 30 of 51 has been provided as follows:- i) A revised site layout plan showing a reduction in the number of units from 12 to 11, ii) A revised Design and Access Statement and Planning Statement to reflect the change in number of units and layout. iii) Site sections iv) Engineering layout and sections v) Constraints Plan and Combined Attenuation Layout vi) Drainage Strategy Report vii) Flood Consequences Assessment viii) Transport Technical Note
PLANNING HISTORY None
RELEVANT POLICIES Policy 1 Appropriate Development in the National Park SP1 National Park Policy SP3 Environmental Protection - Strategic Policy Policy 3 Sites of European Importance Policy 4 Sites of National Importance Policy 5 Sites of Importance for Nature Conservation Policy 6 Biodiversity and Development Policy 7 Protected and Important Wild Species Policy 8 Trees and Development Policy 9 Ancient Woodland and Veteran Trees Policy 10 Water Quality Policy 11 Sustainable Use of Water Policy 12 Light Pollution Policy 14 Air Quality Policy 21 Historic Landscapes Policy 22 Areas of Archaeological Evaluation Policy 28 Affordable Housing Contribution Policy CYD LP1 Enabling Appropriate Development in the Countryside Policy S LP1 Definition of Settlements Policy S LP2 Settlements Appropriate Development Policy S LP3 Mitigating Impact Policy 56 Water and Sewage Supply for New Development Policy 58 Sustainable Drainage Systems Policy 59 Impacts of Traffic Policy 60 Provision for cycling and walking Policy 61 Dwelling Density Policy SP5 Housing Policy SP17 Sustainable Transport Policy SP18 Sustainable Use of Land
Page 31 of 51 Supplementary Planning Guidance Landscape and Development (October 2014) Guidance for Sustainable Design in the National parks of Wales (October 2008) Affordable Housing (2014)
In the determination of a planning application, regard should also be given to the requirements of National Planning Policy which are not duplicated in the Local Development Plan. The following Welsh Government Planning Policy is relevant to the determination of this planning application:-
Planning Policy Wales Chapter 4 - Planning for Sustainability, Chapter 5 - Conserving and Improving Natural Heritage and the Coast, Chapter 6 - Conserving the Historic Environment, Chapter 8 - Transport, Chapter 12 - Infrastructure and Services, Chapter 13 - Minimising and Managing Environmental Risks and Pollution. Planning Policy Wales Technical Advice Notes: TAN 5 - Nature Conservation and Planning, TAN 11 - Noise, TAN 12 - Design, TAN 15- Development and Flood Risk, TAN 18 -Transport WO Circular 60/96 Planning and the Historic Environment: Archaeology
NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY
This application has been advertised through the erection of a site notice and a public notice in the paper as being a major development. The application was re-advertised following the receipt of the further information as set out above. As a result of this publicity, 38 letters/emails have been received raising the following comments:- Residential amenity o overlooking and lack of light, privacy, two storey would overshadow existing bungalows, o additional noise, dust, air pollution, general disturbance, volume of traffic, detrimental to health and wellbeing of residents ( mostly elderly and some ill and disabled) o construction -Increased traffic, concern of heavy plant dangerous especially for children, elderly, noise, dirt and dust, disturbance and vibration PROW o PROW is well used, redirecting PROW onto road is inappropriate, dangerous due to parked vehicles, The Ramblers Cymru should be consulted. PROW should be incorporated into development. Drainage o stream disregarded o surface water drainage is inadequate and development will exacerbate problem o foul water drainage system problems and development will exacerbate problem o existing flooding issues are unresolved and will be exacerbated. Submitted report underestimates issue. Flooding issue in village frequently, land drainage issue,
Page 32 of 51 ditches overflow directly onto A40, (potential for a traffic accident), the River Usk (SAC and SSSI) site has high water table and is water logged throughout year. Flooding overloads sewage system. Storm drains are a long lasting problem. During heavy rainfall water on road is heavy which in winter often freezes - dangerous. More concrete and road surface will worsen matters. Uncertain who is responsible Council or DCWW. o question height of raising of ground to achieve attenuation of surface water and maintenance requirements o sewerage infrastructure insufficient for more properties, o water main prone to bursting o question impact on surface water drainage and utilities of any future house extensions
Highway infrastructure o Access to village from the A40 main road substandard, poor sight lines, dangerous due to speed of traffic, scene of many accidents, further hazard to safety issues, increased traffic will increase risk of accidents o parking and access problems with lack of off-road parking, roadside parking, limited width of estate road for two cars to pass, already congested, more vehicles, and service deliveries will exacerbate these problems and lead to more accidents, danger to pedestrians particularly the elderly and children, road surface not designed for heavy traffic o additional traffic make it less safe for young children in village using playground and church field o footpath to Brecon is inadequate, in poor condition, in order to use public transport need to cross A40 (60mph) more traffic could cause more accidents o poorly served by public transport o adequate parking required for No. 17 during construction and on completion Development site o village inappropriate as no shop, post office, public house, village hall, toilets, running water or communal building to create sense of community. Development should provide contributions or improvements o no. of houses excessive - not in keeping with area o development will not enhance village, loss of greenfield site in countryside o unacceptable impact on community and its wellbeing, exacerbating problems with infrastructure and amenity. Other matters o More street lighting, light pollution will affect dark Skies status o Impact on o/h line and electricity sub station o Destruction of habitat for wildlife, not optimum timing for survey o Historical cross on site should be investigated before development o Notification letter should have been sent to all residents of village o Pre app consultation didn't include trunk road agency or community council o Not all regulatory bodies have been consulted Other non-planning issues are also raised.
Page 33 of 51 MATERIAL CONSIDERATIONS
The main material planning considerations for this proposed development are the potential impacts upon the following matters:- o principle of the development and affordable housing provision, and o character and appearance of the area o highway infrastructure, o drainage infrastructure, flood risk and pollution control o ecology/biodiversity and protected species, o archaeology, o amenities of nearby residents.
Principle of the development and Affordable Housing Contribution.
The site is located within the Level 3C Settlement of Llanspyddid which is defined within the LDP as a place which has the environmental capacity to accommodate appropriately scaled development. Within these settlements the LDP sets out that the focus of development should be enabling residential development to support the vitality and viability of the area.
This strategic position is enabled through the LDP in two ways:- through policy SLP2 which sets out the forms of development which are acceptable within Llanspyddid and through appropriate land allocations which seek to define areas of land for specific purposes such as housing.
The proposed development is allocated for housing on site, DBR-LPD-A, through policy SP 5 and table 6.1 as defined by the LDP Proposals Map. As such, the principal of residential development on this site is considered acceptable. The indicative layout shows 11 dwellings, one more than the allocation of the site for 10 dwellings. This indicates that a density of 30.5 dwellings per hectare would be achieved. This would comply with Policy 61 of the LDP which requires a minimum density of 30 dwellings. Strategy and Policy have therefore raised no objections in principle to the development of the site.
Representation has raised concerns about the principle of developing the site for residential purposes and the lack of services and community facilities to support the development, however, in view of the policy position as set out above, it is considered that an objection on this basis cannot be substantiated.
The potential for the development to impact negatively on the social, physical and environmental infrastructure is recognised in the LDP. The LDP has identified that for development within the settlement of Llanspyddid the identified constraints which will need to be addressed are highways, water and sewerage Infrastructure and the Historic Landscape. In addition, policy S LP3 requires development proposals on allocated sites within class 3C settlements to demonstrate how the design and nature of the scheme
Page 34 of 51 has been developed in collaboration with the community through an appropriate and thorough process of engagement. These matters are discussed later in the report.
In accordance with policy 28 of the LDP, all new development which results in the net gain in dwellings will be required to provide a contribution towards affordable housing. Llanspyddid lies within the Brecon and Rural Hinterland Submarket area where the level of affordable housing contribution is set at 20% of the total development. The site is allocated for 10 dwellings, two of which should be affordable units. For the proposed scheme, which seeks up to 11 dwellings on the site, this equates to a contribution of 2.2 dwellings. The applicant proposes to meet this contribution on site, through the construction of 2 dwellings with the remaining 0.2 contribution being provided as a commuted sum to the National Park Authority. This contribution will be used to fund affordable housing schemes within the National Park area.
Appendix 5 of the Authority's adopted Affordable Housing SPG sets out the formula for the calculation of the commuted sum. It is calculated on the basis of a percentage of Welsh Government Acceptable costs Guidance (ACG) which is a recognised measure of the cost of providing affordable housing in different communities in Wales.
Therefore the calculation of commuted sums is based on the principle of equating the developer contribution with the accepted Welsh Government Grant level of 58% of the ACG.
The formula for the calculation for the calculation of the commuted sum is A x B x C, where: A= number of units, B= 58% of ACG (for relevant property type and band area) and C= % of relevant submarket area.
The commuted sum is required to be provided as a contribution by means of a legal agreement under Section 106 of the Town and Country Planning Act. Due to the potential delay between any outline permission and eventual construction, the formula for the contribution will be detailed within the s106 rather than the financial amount. This will ensure that up to date ACG levels are utilised at the point at which the contribution is payable. Furthermore, in accordance with Appendix 4 of the Affordable Housing SPG, if it can be reasonably demonstrated in writing by the applicant to the satisfaction of the NPA that there are significant factors which mean that the scheme is unviable at the target affordable housing contribution, as set out in policy 28, the NPA will seek to verify this using the 3 Dragons Development Appraisal Toolkit (or equivalent process) with a final recourse to the District Valuer. Disputes of viability referred to the District Valuer will be charged at cost to the Developer. Affordable Housing will still be required at a level proven to be viable through the above verification process.
Conclusion The principal of the proposed development is acceptable in accordance with policies SP5; S LP1; S LP2; and policy 28 of the LDP, subject to the prior signing of a s 106 Agreement to secure the affordable housing contribution on site and any required
Page 35 of 51 financial contribution for the remaining off site contribution. On this basis, Strategy and policy have no objection to the proposed development.
Impact on the character and appearance of the area
Policy 1 of the LDP is an overarching policy, criterion (i) of which seeks to ensure that the scale, form, design, layout, density, intensity of use and use of materials of any development, including a conversion, would be appropriate to the surroundings and will maintain or enhance the quality and character of the Park's natural beauty, wildlife, cultural heritage and built environment. Criterion (ii) seeks to ensure that developments are integrated into the surrounding landscape through planting and appropriate management of native species and creation of appropriate boundary features as necessary.
Policy S LP2 of the LDP requires development within settlements to contribute positively to their setting and enhance the quality of the landscape without adverse impact on the wildlife, natural beauty, cultural heritage, environmental assets or biodiversity of the area. Criteria 1 accepts proposals that strengthen and enhance the mix of dwelling types and tenure options including the provision of a proportion of affordable housing in accordance with the identified need within the community.
Policy 61 requires all residential development to be developed at a minimum density of 30 dwellings to the hectare, where this is compatible with the existing character of the area.
Representation has raised concern about the number of dwellings proposed, whether the development would enhance the village and light pollution.
As this proposal seeks outline approval it is difficult to determine the scheme against the details of all the above policies and concerns raised. However, there is an indicative layout which shows 11 dwellings, which indicates that a density of 30.5 dwellings per hectare would be achieved. This density is considered to be generally compatible with the existing character of the area, and this number of dwellings could be secured by condition.
In terms of the scale and form of the proposed development, the indicative layout shows that the 11 dwellings, would comprise a mix of 5 no. 2 bed properties and 6 no. 3 bed properties. Two dwellings are to be provided on site as affordable dwellings. This is considered acceptable in order to meet the requirements of policy S LP2 (1) in providing an appropriate mix of dwelling types and tenure options to meet local needs, and these matters can be secured by a s 106 Agreement and by condition.
As originally submitted, the scale parameters of the proposed dwellings were considered to be excessive in view of the scale and character of the adjacent dwellings, which comprise of a mixture of semi-detached and bungalows. Amended parameters have therefore been provided which stipulate that the proposed dimensions will not
Page 36 of 51 exceed 5.5m (width) x 9.0m (depth) x 8.5m (height). These revised dimensions are considered reasonable to enable a development which would be more in keeping with the character of the area.
Policy S LP3 requires development proposals on allocated sites within Settlements classed as 3C to demonstrate how the design and nature of the scheme has been developed in collaboration with the community through an appropriate and thorough process of engagement. However, as the proposed development is in outline with all matters reserved save for access, there are no design issues to be resolved with the community at this stage. Accordingly, it is considered that such community engagement should be at the reserved matters stage where the detail of the scheme can be determined with community input. An appropriate condition can be imposed requiring the detail of the scheme to be subject to appropriate and thorough consultation, prior to the submission of reserved matters.
The site is located within the Middle Usk Valley: Brecon & Llangorse Landscape of Special Historic Interest. Policy 21 Historic Landscapes states that Development which directly or indirectly either alone or in combination affects those areas listed within Part 2 of the 'Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales' will only be permitted if the essential integrity and coherence of the area, as defined in the Register, is preserved or enhanced. NRW, have considered the proposal and have advised that the proposal is unlikely to have more than a local impact on the registered landscape.
In terms of the impact on the character and appearance of the area and impact on the setting of any heritage assets, the site lies adjacent to the historic core of Llanspyddid and St Cattwg church lies to the northwest of the site and is listed. Views of the site are also available from the nearby A40 and the adjacent public right of way. The appearance of the development will need to reflect the traditional character, and appearance of the village, and ensure that the development is assimilated with its surroundings. Due to the limited scale and form of the proposed development it is considered that the proposed development is unlikely to have significant adverse landscape or visual impacts, but any reserved matters will need to ensure that the design and use of materials are appropriate to reflect the local distinctiveness of the site and the rural character of the area. In addition, any reserved matters should ensure that there would be only minor alterations to the topography of the site.
Trees Policies 8 and 9 of the Local Development Plan seek to ensure that trees are retained and protected as part of any development and that where there are losses appropriate replacement is provided to secure mitigation/compensation measures.
The existing trees and hedgerow along the site eastern boundary of the site form an important landscape feature and contribute to the character and setting of the site. The illustrative layout and documentation shows the retention of these existing landscaping features and its reinforcement with the introduction of additional planting, which
Page 37 of 51 together with long term maintenance should help assimilate the development into the existing landscape and ensure that the development would not be detrimental to the visual amenities of nearby local residents.
The National Parks Arboriculturist has been consulted on the application and has raised no objections subject to conditions to require a tree survey for the individual trees which mainly comprise of hazel along the eastern boundary and protection fencing, prior to any clearance or construction works commencing. An additional condition has also been requested to provide the location of any services and water drainage features to ensure that any such features would not have an adverse impact on the roots of these trees.
Lighting
Policy 12 of the Local Development Plan requires lighting to be appropriate and not to have a significant adverse impact on a number of matters including the character of the area, local residents, pedestrians and the visibility of the night sky.
In terms of lighting it will important to ensure that, as part of any reserved matters application, lighting is of an appropriate design and sensitively located to ensure it avoids light spillage towards the nearby residential properties, public footpath and does not have an adverse impact on the dark skies status of the National Park.
Conclusions
It is considered that in view of the limited scale and form of the development, the proposed development is unlikely to have a significant adverse impact on the landscape character and appearance of the area or the visual amenities of nearby local residents, subject to the imposition of conditions to secure the matters raised above, and that the development would be compliant with policies 1, 8, 9, 12, 21, 61, S LP2 and S LP3 of the LDP.
Impacts on ecology/biodiversity and protected species
To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures.
The Local Development Plan includes a number of policies regarding ecological issues and safeguarding biodiversity as set out in the report above.
An Extended Phase One Survey dated January 2016 accompanies the application. This includes a walkover survey of the site which shows that the majority of the site is of minimal ecological interest being improved grassland with recommendations provided to
Page 38 of 51 retain the line of trees/hedge line along the western boundary, with a root protection zone, and biodiversity enhancements with the provision of 6 bird boxes and enhancement planting along the hedge line or provision of hedgerows instead of fencing. The National Parks Planning Ecologist and Natural Resources Wales have been consulted to provide their expert comments in relation to the potential impact of the proposals on protected species.
The National Parks Planning Ecologist has provided comments on the application. Whilst it is noted that the survey was undertaken outside the optimal season for a survey of this nature, it is appreciated that the field is improved grassland of limited ecological interest and the site is allocated for housing development in the LDP and as such the principle of development at the site has already been subject to scrutiny under the Conservation of Habitats & Species Regulations 2010 (as amended).
The National Parks Planning Ecologist considers that the hedgerow along the eastern boundary is a valuable biodiversity feature and will need to be retained and appropriately managed. No objections are raised to the proposed development subject to recommended conditions to include the protection and long term management of the hedgerow, habitat enhancement for bat roosting and nesting birds (at least 12 features), a landscape and biodiversity enhancement scheme and details of external lighting will also be required to be submitted to ensure that it is appropriately designed and sensitively located to avoid light-spill towards bat roosting areas or wildlife corridors.
The site is located approximately 70 metres from the River Usk SAC and SSSI. A screening assessment of the Likely Significant Effects on the River Usk SAC, as required under Regulation 61 of the Conservation of Habitats and Species Regulations 20110 (as amended) has been undertaken. This has concluded that there are not likely to be significant effects. NRW has reviewed the screening assessment and has accepted the conclusion bearing in mind the submitted pollution prevention plan, drainage strategy and the requirement for a Construction Environmental Management Plan.
In conclusion, no ecological objection has been raised to the proposed residential development from NRW or the National Park's Planning Ecologist, subject to the imposition of a number of conditions.
It is therefore concluded that ecological issues and safeguarding of biodiversity within the proposed development can be appropriately accommodated by the imposition of appropriate conditions The proposed development is therefore considered to be consistent with policies SP3, policies 3, 4, 6, 7, 9 and 12 of the Local Development Plan.
Impacts on drainage infrastructure, flood risk and pollution control
Policy 56 of the LDP requires development to have adequate water and mains sewerage infrastructure and that conditions should be imposed to ensure adequate services are available to serve the development.
Page 39 of 51 Chapter 13 of PPW advises that the planning system has an important role in avoiding or minimising the adverse effects of any environmental risks on present or future land use, minimising risk from land contamination and that development does not increase the risk of flooding or surface water run-off.
Concern has been raised about the impact on flooding, surface water drainage and foul drainage infrastructure within the village.
Surface water is proposed to be disposed of by collection, attenuation and discharge to an existing watercourses and the proposed development is to dispose of foul drainage to the public foul sewer.
A Flood Consequence Assessment (FCA) and Drainage Strategy Report were submitted on 15 September to accompany the application.
The FCA shows that the site is located within Zone A of the Development Advice Map and considered to be little or no risk of fluvial flooding, such that the site would not be expected to flood and safe routes of access and egress can be provided. The River Usk lies approximately 150m to the north of the proposed development site and the nearest area subject to flooding lies 100m to the north of the site. The site therefore lies outside of the areas of historical flooding and at an elevated position. In terms of flood risk the development is therefore considered to be acceptable.
The Drainage Strategy reviews the existing site and surface water drainage regime and how the surface and foul water proposals will impact on the surrounding area. The Drainage Strategy shows that the existing drainage is conveyed via ditches/shallow swales along the eastern and western site boundaries of the site and discharges in a northerly direction. In the event of the development causing increased impermeability, water would flow at increased rates towards the River Usk which would have negative impacts on the existing flooding issues in the vicinity of the A40 and St Cattwg Church. However, the development proposes that the means of dealing with surface water drainage is collection, attenuation with suitable flow control device to discharge at a restricted green field run-off rate, as infiltration techniques are not suitable due to the low percolation rates. This attenuation system is considered to effectively manage surface water drainage.
In terms of other sources of flooding, such as groundwater, surface, foul and combined sewer infrastructure flows, flood risk is considered to be negligible and manageable. The strategy shows that a gravity foul connection should be achievable to the existing foul sewer immediately adjacent to the north western boundary of the site, as DCWW have advised that foul flows can be accommodated within the public sewerage system with no restrictions envisaged within the waste water treatment works.
The Drainage Strategy shows that the location and levels of the attenuation structures can be determined when the road alignment is firmed up. Additional measures are also proposed to manage surface water drainage including the investigation of porous
Page 40 of 51 systems to reduce impermeable areas, water butts should be incorporated to prevent discharge of surface water resulting from the first 5mm of any rainfall event and the existing ditches to the east and west should form part of the interception of surface water run off with adequate maintenance and access provision.
Powys County Council Land Drainage have been consulted as the Lead Local Flood Authority regarding the application. The Council is aware of local flooding issues in the village and the local concern which has been expressed in relation to past flooding, including representation from Glyn Tarell Community Council.
Powys County Council has advised that, following the receipt of the additional supporting documentation, (the FCA and Drainage Strategy) and appropriate revisions to the proposed drainage provisions within the development, in principle the proposed development is acceptable. No objections are therefore raised subject to the imposition of conditions to secure full details of: the proposed surface and foul water drainage works and their implementation prior to first occupation, and the safeguarding, enhancement and maintenance of the existing land drainage ditch systems.
Dwr Cymru Welsh Water have confirmed there is sufficient capacity in the public sewerage network to accommodate the development. DCWW have raised no objections to the proposed development subject to the imposition of conditions securing details of the means of disposal of foul, surface and land water.
In relation to pollution of the watercourse, a draft pollution prevention plan has been submitted which shows how pollution of the watercourse is to be prevented during the construction phase and operation of the development. The submitted draft Pollution Prevention Plan is broadly acceptable in principal and a detailed final version can be secured through an appropriately worded planning condition.
It is therefore considered that the drainage provisions, flood risk and pollution control measures of the proposed development, subject to the imposition of conditions, are considered to comply with policy 56 of the LDP, and PPW.
Impacts on highway infrastructure
Policy 59 of the LDP specifies that development will only be permitted where appropriate access can be achieved commensurate with the level of development proposed.
The proposed development proposes a new access onto the public highway off Heol Sant Cattwg, which will necessitate the removal of an existing garage which is being used by No. 17 Heol Sant Cattwg.
Representation questions the suitability of the existing access onto the A40 and the estate road to cope with additional traffic and raises concerns about highway safety. As originally submitted, Welsh Government, as highway authority for the A40 trunk
Page 41 of 51 road, requested that permission be withheld until further information was provided regarding the current and predicted traffic movements at the junction of Heol Sant Cattwg and the A40 Trunk Road, to enable appropriate highway comments to be made. A Technical Note, produced by Asbri Transport was submitted on 20 February 2017. The Note includes a 24 hour junction classified traffic count at the A40/Heol Sant Cattwg priority junction, in order to determine the current traffic flow through the junction and to calculate Annual Average Daily Traffic (AADT) flows along the A40 and Heol Sant Cattwg. The Technical Note states that the vehicle trips generated by the proposed development will have a minimal impact on the existing highway network, as demonstrated by the predicted trip generation and resultant percentage impact assessment. It shows that the proposed development would have a 1.02% increase over and above the existing traffic flows along the A40 and a 13.2% increase on the existing traffic flows along Heol Sant Cattwg. It has confirmed that no junction improvements off the A40 are required as part of the development proposals, due to a number of reasons. At the A40 Junction the predicted traffic movement is below the 500 AADT threshold of requiring an upgrade; there is not a right turning accident problem (as the one accident at the junction over the last five year period, based on available accident data, does not relate to right turning traffic); only 15% of vehicles turn right into Heol Sant Cattwg and this is not expected to significantly change as a result of the proposed development.
Welsh Government has considered the additional information submitted and has advised that it does not wish to issue a direction in respect of the application.
Powys County Council, as the local highway authority, originally requested additional information to accompany the application in order to assess the application. Accordingly, additional drawings were submitted on 15 September 2016 to show that suitable gradients, visions splays at the junction with Heol Sant Cattwg and parking and turning facilities could be provided to serve the residential development. Powys County Council has considered the additional information and has raised no objections subject to the imposition of conditions. The conditions will secure a number of matters including the detailed design, geometry and engineering design and construction, construction method statement, parking and turning provision, timescales for occupation and suitable uncontrolled crossing facilities from the site. In addition, as the garage for No. 17, Heol Sant Cattwg is to be displaced, a condition is recommended to provide this parking provision within the development site.
It is therefore considered that the highway implications of the proposed development have been considered by the relevant authorities and is has been determined that the development of the site would not lead to a detrimental impact on the existing highway infrastructure or on highway safety subject to the imposition of conditions to secure the matters raised above. The proposed development therefore complies with policy SP17 and policy 59 of the LDP.
Impacts on amenities of nearby residents.
Page 42 of 51 Para 3.1.7 states that the planning system does not exist to protect the private interests of one person against the activities of another. Proposals should be considered in terms of their effect on the amenity and existing use of land and buildings in the public interest, and it is therefore valid to consider the effect of a proposal on the amenity of neighbouring properties.
The application site lies on the edge of the settlement of Llanspyddid and in close proximity to residential properties. The proposed construction phase and future use of the development therefore has the potential to have an effect on nearby residential amenity and neighbouring residents have raised concerns about these matters.
In terms of the construction phase, a number of conditions can be imposed on the subsequent reserved matters application in order to ensure that the effects of the proposed development can be adequately controlled such that there would not be a significant detrimental effect on the amenity of nearby residents in terms of dust, air quality, noise and lighting. Conditions can secure the provision of a construction method statement and environmental management plan in order to control noise and dust during the construction and landscaping phases and also working and delivery times are restricted during normal working hours.
In terms of the future use of the development, concern has been raised about the potential for detrimental impacts in relation to overlooking, overshadowing, lack of light and privacy of the existing dwellings in Heol Sant Cattwg. A sketch layout accompanies the application, to show how the proposed 11 dwellings could be sited on the site, but this is submitted for information purposes as the detailed layout, scale appearance and landscaping of the site will be determined at the reserved matters stage. Nevertheless, in order to ensure that the subsequent development is acceptable, in terms of its relationship to the existing dwellings it is considered necessary to impose conditions to secure the following matters:- an adequate distance is maintained, restriction of the height of the new dwellings and provision of appropriate high boundary treatment.
It is therefore considered that, subject to the imposition of conditions, the proposed development should not have a significant detrimental effect on the amenity of nearby residents in terms of noise and disturbance, loss of privacy, overshadowing, light pollution and is acceptable in terms of residential amenity.
Impacts on archaeology
Para 6.5.1 of PPW outlines the desirability of preserving archaeological remains and their setting is a material consideration in the determination of planning applications. Similar advice in Circular 60/96 requires Authorities to take into account archaeological considerations at the early stages of development and to be fully informed about the nature and importance of archaeological remains and their setting and the likely impact of any proposed development upon them.
Local Development Plan Policy SP3 f) requires all development proposals to
Page 43 of 51 demonstrate that they do not have an unacceptable impact on, nor detract from or prevent the enjoyment of … archaeological features. Policy 22 requires that where important archaeological remains are known or may exist within an area for archaeological evaluation, the archaeological implications of development proposals shall be evaluated by qualified and independent archaeologists before planning applications are determined.
As originally submitted a desk based assessment accompanied the application. However, this was determined to comprise of insufficient information to assess how the proposed development might impact upon potential archaeological remains or to advise on any appropriate mitigation measures. However, an archaeological evaluation was subsequently undertaken at the site and was received on 20 July 2017, in order to identify how the proposed development might impact upon potential archaeological remains.
The archaeological evaluation consisted of 3 trenches excavated across the proposed development site, in accordance with a WSI submitted by the applicant, and approved by the BBNPA. The evaluation confirmed the absence of any significant archaeological remains on the site.
The BBNP Archaeologist has advised that the results of the assessment and evaluation has shown that there are no archaeological implications in respect of the proposed development and that no further information is required.
It is therefore considered that the proposed development would be consistent with policy SP3 f) of the Local Development Plan as well guidance set out in PPW and Circular 60/96.
Other Matters
In relation to the overhead electricity line along the western boundary of the site, this is proposed to be buried, as confirmed by the applicant's agent on 15 September 2016. In relation to the PROW which runs along the western boundary of the site, this is proposed to be diverted onto Heol Sant Cattwg. The BBNP PROW officer has advised that this will require to be undertaken under separate procedures of the Town and Country Planning Act.
Representation has also been made concerning the acceptability of the consultation exercise regarding the proposed development by the planning authority. The publicity concerning the planning application has followed planning regulations.
Overall Conclusions It is concluded that the residential development of the site is supported in principle being sited on an allocated site which would provide a small proportion of the housing requirement for the National Park, at an appropriate density.
Page 44 of 51 The residential development would not have a significant detrimental impact upon the main material considerations as set out above, subject to appropriate conditions.
RECOMMENDATION: Permit, subject to the following matters:- i) the prior signing of a s 106 Agreement under the Town and Country Planning Act 1990, the heads of terms of which would be to secure the affordable housing contribution in accordance with the requirements of the Brecon Beacons National Park's adopted Affordable Housing SP, to secure the affordable housing contribution on site and any required financial contribution for the remaining off- site contribution, and ii) the imposition of the recommended conditions set out below.
RECOMMENDATION: Permit
Conditions and/or Reasons:
1 The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last reserved matters to be approved, whichever is the later. 2 The development shall be carried out in all respects strictly in accordance with the approved plan, numbered NP1v2, and an adequate distance is maintained to the existing adjacent dwellings as shown on submitted plan NP4v1, and the maximum dimensions of the new dwellings shall be restricted to those shown on submitted plan NP2v3, unless otherwise agreed in writing by the Local Planning Authority. 3 Approval of the details of the layout, scale, appearance and landscaping of the site (including provision of appropriate high boundary treatment) (hereinafter called 'Reserved Matters') shall be submitted to and approved in writing by the Local Planning Authority in writing before any development is commenced and the development shall be carried out as approved. 4 The number of dwellings to be constructed on the site shall be a minimum of 10, and comprise of a mixture of house types, unless otherwise approved in writing by the Local Planning Authority. 5 Prior to the submission of the Reserved Matters, the design, nature and appearance of the proposed development shall be subject to appropriate and thorough consultation in collaboration with the community consultees and all the comments received shall be considered by the developer. A report of the outcome of the community exercise shall accompany any Reserved Matters application and show how the issues raised have been addressed. 6 A new vehicular and pedestrian access for the development site shall be taken from the stub off Heol Sant Cattwg, as shown on NP8v1. The Clear visibility shall be maintained above a height of 0.6 metres above carriageway level over the full frontage of the developed site effective over a bandwidth of 2.4 metres
Page 45 of 51 measured from the edge of the new estate road. 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 for as long as the development hereby permitted remains in existence. 7 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 10 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. 8 Prior to the occupation of each dwelling, provision shall be made within the curtilage of that dwelling for the parking of cars in accordance with CSS Wales Parking Standards. The parking areas shall be retained for their designated use in perpetuity. 9 The gradient from the back of the footway/verge to the vehicle parking areas shall be constructed so as not to exceed 1 in 15 and shall be retained at this gradient for as long as the dwellings remain in existence. 10 Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the parking of all construction vehicles together with a vehicle turning area. This parking and turning area shall be constructed to a depth of 0.35 metres in crusher run or sub-base and maintained free from obstruction at all times such that all vehicles serving the site shall park within the site and both enter and leave the site in a forward gear for the duration of the construction of the development. 11 No building shall be occupied before the estate road carriageway and one footway shall be constructed to and including binder course level to an adoptable standard including the provision of any salt bins, surface water drainage and street lighting in front of that building and to the junction with the county highway. 12 The estate road carriageway and all footways shall be fully completed, in accordance with the details to be agreed in writing by the Local Planning Authority, upon the issuing of the Building Regulations Completion Certificate for the last house or within two years from the commencement of the development, whichever is the sooner. The agreed standard of completion shall be maintained for as long as the development remains in existence 13 Prior to the occupation of any dwelling the area of the access to be used by vehicles is to be finished in a 40mm bituminous surface course for a distance of 10 metres from the edge of the adjoining carriageway. This area will be maintained to this standard for as long as the development remains in existence. 14 The area of each private drive for any dwelling shall be metalled and surfaced in bituminous macadam, concrete or block paviours, prior to the occupation of that dwelling and retained for as long as the development remains in existence. 15 No storm water drainage from the site shall be allowed to discharge onto the existing county highway. 16 No development shall commence, until a Construction Method Statement has
Page 46 of 51 been submitted to, and approved in writing by the Local Planning Authority. The approved statement shall be adhered to throughout the construction period and shall provide detail of:- 1. The parking and turning facilities within the site for all construction vehicles attending the site. 2. Unloading & loading areas for all construction vehicles attending the site. 3. Details of storage areas for plant & materials. 4. Wheel wash facilities. 5. Measures that control and co-ordinate deliveries of plant and materials, the disposal of waste and the movement of operatives arising from the construction activities, such that the operation of the existing highway network is safeguarded. 6. The hours, of working delivery times and all other works and ancillary operations during normal working hours. 7. The means for the control of noise and dust during the construction, demolition and landscaping phases. 17 No development shall commence until engineering drawings are submitted to and approved in writing by the Local Planning Authority. The drawings shall include detailed cross sections through the culvert structure adjacent to the site boundary of the site and the adjacent highway, pedestrian desire lines and suitable uncontrolled crossing facilities from the site to the wider highway network and car parking provision for 17 Heol Sant Cattwg. Development shall be carried out strictly in accordance with the approved engineering drawings. 18 Prior to commencement of development works and prior to any vegetation clearance, a Construction and Environmental Management Plan (CEMP) shall be submitted to the Local Planning Authority and shall be implemented as approved. The method statement shall cover pollution prevention measures, hedgerow protection measures, the ground preparation of the site and the construction phase. 19 Prior to the commencement of development, an external lighting plan shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with neighbouring properties and bat mitigation/enhancement measures and woodland/ hedgerow habitats and shall be implemented as approved. 20 Prior to the commencement of the development, a landscaping plan shall be submitted to and agreed in writing with the Local Planning Authority. The plan shall include details of the planting specifications - the species, sizes and planting densities - and a timetable for implementation and future management to ensure good establishment. The plan shall be implemented prior to or during the first planting season following first occupation or beneficial use of any part of the development and shall be maintained thereafter. Any shrubs or trees that become diseased or die in the first five years after planting shall be replaced with the same or similar native species. Notwithstanding the above, the landscaping plan shall include the retention, reinforcement and management of existing landscape features and no topsoil shall be applied to the wildflower grassland areas 21 Prior to the commencement of development works, a biodiversity enhancement
Page 47 of 51 and management scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include reference to the Biodiversity in the Towns of the Brecon Beacons Supplementary Planning Guidance, the Section 7 List of Priority Habitats and Species under the Environment (Wales) Act 2016 and particularly the following measures: a) Provision of at least twelve features for bat roosting and bird nesting b) Provision and management of areas of wildflower meadow c) Provision for the long-term management of the grassland and hedgerow habitats d) Biodiversity enhancements within the surface water drainage strategy (ditches and attenuation features) e) A programme of habitat monitoring and provision for remedial measures as necessary The scheme shall be implemented in accordance with the approved details and maintained thereafter. 22 No development shall commence until full engineering drawings for the surface and foul water drainage and associated works have been submitted to and approved in writing by the Local Planning Authority. The approved surface and foul water drainage scheme shall be completed before the dwellings are occupied. The scheme to be submitted shall show foul drainage being connected to the public sewerage system and no surface water and /or land drainage being connected directly or indirectly with the public sewerage system. The surface water drainage shall be based on the recommendations within the Drainage Strategy Report dated February 2016. 23 No development shall commence until full engineering details and drawings showing the safe-guarding measures for the protection/enhancement of the existing land drainage/ditch systems that cross the site have been submitted to and approved in writing by the Local Planning Authority. These details shall include a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the flood risk mitigation works throughout its lifetime. These works shall be undertaken in accordance with the approved details and operational prior to first occupation of any dwelling. 24 Prior to the commencement of any works on site, a tree survey in accordance with 'BS5837 : 2012 Trees in relation to design, demolition and construction - Recommendations' shall be submitted to and approved in writing by the Local Planning authority. Notwithstanding the above, the tree survey shall include all trees around the development boundary which shall be plotted onto a tree location plan, a tree constraints plan clearly showing the root protection areas for the trees and any trees to be removed, and a tree protection plan showing the type and position of the protective fencing around retained trees. The development shall be carried out in accordance with the approved details. 25 Tree protection fencing shall be installed in accordance with the approved tree protection plan, and shall be inspected by the BBNPA tree consultant and approved in writing, prior to any site clearance or construction works commencing.
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Reasons:
1 Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 4 To ensure that the development meets the minimum density of 30 dwellings per hectare and secures a mixture of house types. 5 To secure community consultation regarding the detailed appearance and nature of the application. 6 To ensure a satisfactory form of development and to ensure the safety and free flow of traffic using the adjoining highways. 7 To ensure a satisfactory form of development and to ensure the safety and free flow of traffic using the adjoining highways. 8 To ensure a satisfactory form of development and to ensure the safety and free flow of traffic using the adjoining highways. 9 To ensure a satisfactory form of development and to ensure the safety and free flow of traffic using the adjoining highways. 10 To ensure a satisfactory form of development and to ensure the safety and free flow of traffic using the adjoining highways. 11 To ensure a satisfactory form of development and to ensure the safety and free flow of traffic using the adjoining highways. 12 To ensure a satisfactory form of development and to ensure the safety and free flow of traffic using the adjoining highways 13 To ensure a satisfactory form of development and to ensure the safety and free flow of traffic using the adjoining highways. 14 To ensure a satisfactory form of development and to ensure the safety and free flow of traffic using the adjoining highways 15 To ensure a satisfactory form of development and to ensure the safety and free flow of traffic using the adjoining highways. 16 To ensure a satisfactory form of development and to ensure the safety and free flow of traffic using the adjoining highways. 17 To ensure a satisfactory form of development and to ensure the safety and free flow of traffic using the adjoining highways. 18 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5, Policies SP3, 3, 4, 6, 7 and 10 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 20 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5, Policies SP3, 3, 4, 6, 7 and 10 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as
Page 49 of 51 amended) and the Environment (Wales) Act 2016. 21 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5, Policies SP3, 3, 4, 6, 7 and 10 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 22 To ensure that the proposed drainage systems for the site are fully compliant with regulations and are of robust design. 23 To ensure that the proposed development does not compromise the function of the existing waterbody and that any proposed alterations are fully compliant with regulations and are of robust design. 24 To ensure a satisfactory form of development that enhances the quality of the environment. 25 To ensure a satisfactory form of development that enhances the quality of the environment.
Informative Notes:
1 All nesting birds, their nests, eggs and young are protected by law and it is an offence to: o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally take or destroy the egg of any wild bird o intentionally (or recklessly) disturb any wild bird listed on Schedule1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird. The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine of up to 5,000 pounds, six months imprisonment or both. The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) to remove or work on any hedge, tree or building where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built, (usually between late February and late August). If a nest is discovered while work is being undertaken, all work must stop and advice sought from Natural Resources Wales. 2 Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000. 3 Any proposed interference of any existing ordinary watercourse (open channel or culverted) will require the prior consent from Powys CC Land Drainage under the terms of the Land Drainage Act 1991 (as amended by the Flood & Water Management Act 2010). Relevant Ordinary watercourse Consent
Page 50 of 51 application forms and guidance notes should be sought from the Land Drainage Section. 4 A Public Right of Way (No. 344/11/1) will be affected by the proposed development. An order under section 257 of the Town and Country Planning Act 1990 will be required to extinguish the section of footpath that is affected. Development must not be substantially completed over the footpath until the order process has been completed and the road leading into the development must also be adopted (assuming that is the plan) before the footpath is extinguished. A cul-de-sac footpath will otherwise be created. It is presumed that the remaining footpath will link to the adopted estate road.
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