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

Public Document Pack

A G E N D A

27 September 2016

Dear Member,

A meeting of the PLANNING, ACCESS AND RIGHTS OF WAY will be held in at CONFERENCE ROOM, PLAS Y FFYNNON, CAMBRIAN WAY, BRECON LD3 7HP on Tuesday, 4th October, 2016 at 10.00 am when your attendance is requested.

Yours sincerely

John Cook Chief Executive

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

AGENDA

ENC1 Apologies for Absence

ENC2 Chairman's Announcements

ENC3 Declarations of Interest

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

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

ENC4 Minutes of last meeting (Pages 1 - 6)

To authorise the Chairman to sign the Minutes of the Brecon Beacons National Park Authority Planning, Access and Rights of Way Committee held on 23rd August 2016.

Planning, Access and Rights of Way - 4 October 2016 1

ENC5 Members' Declaration of Late Correspondence

Members are asked to declare any late correspondence they have received in relation to any item on the agenda. ENC6 Development Control Reports for Decision

To receive a report on Non-delegated Applications

Item 1 Non Delegated Report Enclosure 1 (Pages 7 - 24)

APPLICATION NO: 16/13690/FUL PROPOSAL Alterations and rear extensions to former A3 public house with domestic residential accommodation over to create 3 no. A1/ A2 commercial units with 3 no. C3 residential units above. Listed Building Consent 16/13691/LBC also submitted. ADDRESS 54 High Street, Crickhowell, NP8 1BH

Item 2 Non Delegated Report Enclosure 2 (Pages 25 - 36)

APPLICATION NO: 16/13691/LBC PROPOSAL Alterations and rear extensions to former A3 public house with domestic residential accommodation over to create 3 no. A1/ A2 commercial units with 3 no. C3 residential use above. Planning application 16/13690/FUL also submitted. ADDRESS 54 High Street, Crickhowell, NP8 1BH

Item 3 Non Delegated Report Enclosure 3 (Pages 37 - 68)

APPLICATION NO: 16/13788/FUL PROPOSAL Temporary soil storage in association with Section 2 of the Heads of the Valleys Road Dualling Scheme ADDRESS Ty Gwyn Farm , Ty Gwyn Road, Gilwern

ENC7 Development Control Related Matters for Noting

Item 1 Delegated Decision Report (Pages 69 - 78)

Item 2 Agricultural Notifications (Pages 79 - 80)

Item 3 Fringe Applications (Pages 81 - 84)

Planning, Access and Rights of Way - 4 October 2016 2

Item 4 Planning Obligations - September 2016 (Pages 85 - 88)

Item 5 Commuted sums committed since the adoption of LDP 20-09-16 (Pages 89 - 90)

Item 6 Enforcement Figures 20161004 (Pages 91 - 92)

Item 7 Development Management Stats 20161004 (Pages 93 - 94)

ENC8 Enforcement Reports

Access to Information

Resolved that pursuant to the provisions of Section 100A of the Local Government Act 1972, the public be excluded from the Meeting for the following item of business on the grounds that there would be disclosure to them of exempt information as defined in Paragraphs 12, 13, 17 and 18 of Part 4 of Schedule 12A of the above Act and the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Item 1 Exemption Certificate - Enforcement Delegated Decision Reports (Pages 95 - 96)

Item 2 Enforcement Delegated Decision Reports - CONFIDENTIAL (Pages 97 - 112)

Planning, Access and Rights of Way - 4 October 2016 3

This page is intentionally left blank ENC4

MINUTES OF BRECON BEACONS NATIONAL PARK AUTHORITY PLANNING, ACCESS AND RIGHTS OF WAY HELD AT CONFERENCE ROOM, PLAS Y FFYNNON, CAMBRIAN WAY, BRECON LD3 7HP ON TUESDAY, 23RD AUGUST, 2016

PRESENT:

Powys

Cllr E Morgan (Chairman), Cllr D Meredith, Cllr J Holmes and Cllr M Jones

Monmouthshire

Cllr A Webb and Cllr M Hickman

Carmarthenshire

Cllr G Davies, Cllr A James

Merthyr Tydfil

Cllr R Thomas

Blaenau Gwent

Cllr Willis

Members appointed by the Welsh Government

Prof Alan Lovell, Mr Edward Evans, Mr Ian Rowat, Mrs Margaret Underwood, Mr James Marsden, Mrs Melanie Doel, Ms Deborah Perkin and Mr Julian Stedman

1 Apologies for Absence

Apologies were received from Cllrs G Hopkins, P Pritchard, G Williams, A Furzer and Mrs J Ward.

2 Chairman's Announcements

The Chair reminded Members that should they require dispensation for items that may arise in coming months they should apply now. It is likely that there will be items that will affect Powys Members and if they have not already done so they should apply completing the relevant forms and returning them to Julia Gruffydd and Angharad Hawkes by the close of the day.

Brecon Beacons National Park Planning, Access and Rights of Way 1 23 August 2016 Page 1 The Chair also reminded Members that there will be Member Planning Training Site Visits on Friday 16th September 2016, he asked that if Members had not already informed Dani French and Angharad Hawkes they should do so by 4pm on 25th August 2016.

3 Declarations of Interest

There were no Declarations of Interest at this meeting.

4 Minutes of last meeting

The Chairman was authorised to sign the Minutes of the Brecon Beacons National Park Authority Planning, Access and Rights of Way Committee held on 5th July 2016 as a correct record.

5 Minutes of the Local Access Forum

The Members received the Minutes of the Brecon Beacons National Park Authority Local Access Forum held on 14th April 2016.

6 Local Access Forum Annual Report

Members were presented with the Local Access Forum Annual Report by Ian Mabberley, Chair of the Local Access Forum. Members noted the contents of the Report.

7 Development Control Reports for Decision

Item No

1. 15/13047/OUT – Outline application (seeking approval for access only) for construction of 19 dwellings and associated works – Former Community Centre, Off Oxford Road, Hay- On-Wye, Powys

Members were provided with a brief presentation by the Case Officer, Mr Ben Phillips

Late Info: None

Public The Chair asked it to be noted that a late application had been received Speaker: to speak at Committee on this item but it was refused.

Proposal: The Officer recommendation to permit subject to the Section 106 Agreement and conditions set out in the report was put to Members.

Proposed: Ms M Doel Seconded: Cllr A James

Decision: The Officer recommendation to permit subject to the Section 106 Agreement and conditions set out in the report was agreed.

Brecon Beacons National Park Planning, Access and Rights of Way 2 23 August 2016 Page 2 2. 16/13260/FUL – Change of use, full renovation and development of Llanbrynean Farm house and barns to a residential education facility, to include the demolitions of the existing single storey link building and provision of a new single storey link extension, minor external works to create a patio area and use of land for informal outdoor recreation activities – Llanbrynean Farm, Llanfrynach, Brecon, LD3 7BQ

Members were provided with a brief joint presentation by the Case Officer, Mrs Donna Bowhay for this application and the following application (16/13261/LBC).

Late Info: None

Public The Chair asked it to be noted that he had granted extra time for the Speaker: speaker as the Case Officer was to give only one presentation for this item and the next item (16/13261/LBC). It is to be noted that this time was not required.

The Members were addressed by Mr Luke Grattanola (Agent) in support of this application and (16/13261/LBC).

A copy of the text was provided for the file.

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

Proposed: Mrs M Underwood Seconded: Mr J Marsden

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

3. 16/13261/LBC – Change of use, full renovation and development of Llanbrynean Farm house and barns to a residential education facility, to include the demolitions of the existing single storey link building and provision of a new single storey link extension, minor external works to create a patio area and use of land for informal outdoor recreation activities – Llanbrynean Farm, Llanfrynach, Brecon, LD3 7BQ

Members were provided with a brief joint presentation by the Case Officer, Mrs Donna Bowhay on this application and the previous application (16/13260/FUL).

Late Info: None

Public The Chair asked it to be noted that he had granted extra time for the Speaker: speaker as the Case Officer was to give only one presentation for this item and the previous item (16/13260/FUL). It is to be noted that this time was not required.

Brecon Beacons National Park Planning, Access and Rights of Way 3 23 August 2016 Page 3

The Members were addressed by Mr Luke Grattanola (Agent) in support of this application and (16/13260/FUL).

A copy of the text was provided for the file.

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

Proposed: Mrs M Underwood Seconded: Cllr G Davies

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

4. 16/13577/FUL – Proposed two-storey extension to the rear of the property. Proposed single-storey extension to the rear and the side of the property. The introduction of dormer rooflights – The Former Rectory, Llangattock, Crickhowell, NP8 1PH

Members were provided with a brief presentation by the Case Officer, Miss Lisa Williams

Late Info: None

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

Proposed: Cllr J Holmes Seconded: Cllr M Hickman

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

(11:15am The Chair called for a fifteen minute comfort break. Members returned at 11:30am.)

8 Development Control Related Matters for Noting

Item 1 Delegated Decisions

The report was noted.

Item 2 Agricultural Notifications

The report was noted.

Item 3 Fringe Applications

The report was noted.

Brecon Beacons National Park Planning, Access and Rights of Way 4 23 August 2016 Page 4 Item 4 Planning Obligations – July 2016

Members were provided with an update by Ms Tracy Nettleton, Planning and Heritage Manager. The following two applications have now been signed: 15/12262/OUT – Chestnuts and Cedars Home, Hillside Road, Llangattock, Crickhowell 16/13183/FUL – Autumn View, Lower Common Barn, Gilwern.

The report was noted.

Item 5 Commuted sums committed since the adoption of the LDP – 4th August 2016

Members were provided with an update by Ms Tracy Nettleton, Planning and Heritage Manager. She informed Members that a Report would go to the National Park Authority Meeting scheduled for 23rd September 2016 with reference to the Strategy of how funds would be allocated.

Members questioned if the Settlement of Llangors should read Llanfrynach in reference to 13/10285/FUL. Ms Nettleton noted this and informed him this would be rectified.

The report was noted.

Item 6 Enforcement Figures

The report was noted.

Item 7 Development Management Figures

The report was noted.

Item 7 15/13044/FUL – demolition of dwelling at Celliwig Court, Llanwenarth

Members were provided with a brief presentation by Mr Ryan Greaney, Principal Planning Officer for the Case Officer Mr Matthew Griffiths.

(11:45am Cllr D Meredith left the meeting to attend a prior engagement.)

The report was noted.

9 Enforcement Reports

Access to Information

Brecon Beacons National Park Planning, Access and Rights of Way 5 23 August 2016 Page 5 Resolved that pursuant to the provisions of Section 100A of the Local Government Act 1972, the public be excluded from the Meeting for the following item of business on the grounds that there would be disclosure to them of exempt information as defined in Paragraphs 12, 13, 17 and 18 of Part 4 of Schedule 12A of the above Act and the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Item 1 Delegated Decisions Reports

The reports were noted.

Item 2 Enforcement report seeking authority to commence formal action

Members were provided with a brief presentation by the Case Officer, Ms Clare Brooks.

Recommendation 1. That authority be granted to issue an Enforcement Notice pursuant to Section 172 of the Town and Country Planning Act 1990 (as amended), requiring the cessation of use of the land and buildings for permanent residential use, and: 2. That in the event that the requirements of the Enforcement notice are not fully complied with, authority be granted to commence prosecution proceedings pursuant to section 179, if considered expedient to do so following legal advice.

Decision The Officer recommendation outlined above was agreed.

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

Brecon Beacons National Park Planning, Access and Rights of Way 6 23 August 2016 Page 6 ENC6Item 1

Brecon Beacons National Park Authority

PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

4 October 2016

RECOMMENDATIONS OF THE DIRECTOR OF PLANNING ON

APPLICATIONS FOR DETERMINATION BY

THE PLANNING, ACCESS AND RIGHTS OF WAY COMMITTEE

Page 7 Page 1 of 18

APPLICATION NUMBER: 16/13690/FUL APPLICANTS NAME(S): Mr Andrew Grey SITE ADDRESS: 54 High Street Crickhowell NP8 1BH GRID REF: E: 321771 N:218388 COMMUNITY: Crickhowell DATE VALIDATED: 27 June 2016 DECISION DUE DATE: 22 August 2016 CASE OFFICER: Mr Ben Phillips

PROPOSAL Alterations and rear extensions to former A3 public house with domestic residential accommodation over to create 3 no. A1/ A2 commercial units with 3 no. C3 residential units above. Listed Building Consent 16/13691/LBC also submitted.

ADDRESS 54 High Street, Crickhowell, NP8 1BH

Page 8 Page 2 of 18 CONSULTATIONS/COMMENTS

NP Heritage Officer Archaeology 9th Aug 2016 National Policy Framework Welsh planning legislation and policy guidance outlines that the desirability of preserving archaeological remains and their setting is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.1). Planning Policy Wales (Edition 8: 2016): Paragraph 6.5.1. 'The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. In cases involving lesser archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development.'

Paragraph 6.5.17 'Should any proposed development conflict with the objective of preserving or enhancing the character or appearance of a conservation area, or its setting, there will be a strong presumption against the grant of planning permission. In exceptional cases the presumption may be overridden in favour of development deemed desirable on the grounds of some other public interest. The Courts have held that the objective of preservation can be achieved either by development which makes a positive contribution to an area's character or appearance, or by development which leaves character and appearance unharmed'. Development Plan Framework

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

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

Page 9 Page 3 of 18 detailing are appropriate to the Conservation Area…'.

Archaeological sensitivity and significance of the site The site is a Grade II Listed building, located with the historic core of the planned medieval town of Crickhowell. It falls within the Crickhowell Conservation area, designated for its special historic and architectural interest.

The site itself is close to the possible location of the medieval market, which is believed to be located at the widening of High Street and the intersection with the main Abergavenny to Brecon road. Medieval burgage plots are thought to have lined either side of High Street, which can be detected within modern property boundaries, particularly to the west of High street.

The area is therefore considered to have potential to contain archaeological remains relating to the origins and development of the medieval town.

Archaeological Impact of the development The development comprises alterations and rear extensions to the former public house. 3 commercial units are proposed, with domestic residential accommodation above. The development proposals indicate that excavation will be required in the rear yard, associated with the rear extensions to the building. These are currently understood to comprise excavations for new foundations, flooring, drains and ginnel.

Mitigation Required It is considered that there is good potential for significant archaeological remains to be encountered during the development. However, it is considered that impacts on the archaeological resource could be effectively mitigated though the application of a programme of archaeological monitoring.

It is recommended that a planning condition is attached to any permission granted. An appropriate condition would be:

No development shall take place within the application area until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority. The archaeological work will be undertaken by a suitably qualified archaeological contractor to the standards laid down by the Chartered Institute for Archaeologists. On completion of the fieldwork and any post-excavation analysis required, a copy of the final report shall be submitted to the Local Planning Authority for approval; and following approval to the Royal Commission on the Ancient and Historical Monuments of Wales for inclusion in the National Monument Record, and to Glamorgan Gwent Archaeological Trust for inclusion in the Regional Historic Environment Record (HER).

Reason: To ensure that any remains of archaeological significance disturbed in the course of the development are adequately investigated, recorded and reported.

Page 10 Page 4 of 18

NP Strategy And Policy 12th Sep 2016 The development plan for the area is the Brecon Beacons National Park Local Development Plan 2007-2022 (hereafter LDP) which was adopted by resolution of the National Park Authority on the 17th December 2013.

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

Further to my comments of 20th July 2016, I have received all information necessary to undertake assessment of the scheme utilising the 3 Dragons Development Appraisal Toolkit. This toolkit assesses the viability of a scheme to provide a contribution towards affordable housing in accordance with Policy 28 of the LDP. The toolkit utilise a residual method of valuation to determine the availability of a scheme to contribute towards affordable housing. That is that scheme costs are deducted from the scheme revenue to arrive at a gross residual value.

From my assessment it has been determined that the residual value of the scheme (with an affordable housing contribution at policy level) equates to £130,178. However, having a positive residual value is not necessarily sufficient to bring forward a development, or to suggest that there is enough value in the scheme to provide an affordable housing contribution. In undertaking such an assessment the NPA must take into consideration the existing use value of the site, or even a realistic alternative use value for the site. Only where a scheme provides a reasonable positive residual value against the existing use value will a proposed development be considered viable to provide an affordable housing contribution. In this instance it is proposed to redevelop an existing pub into a retail and residential unit. The applicants are asserting that the existing use value is equivalent to their purchase price of £300,000. Although this valuation has not been verified by an independent estate agent, I have undertaken an internet search of equivalent properties in the area as follows:

Name of premises for sale Nature of Business Freehold purchase price Horseshoe Inn, Llangattock Village public house and restaurant £215,000 Usk Valley, Crickhowell Village Inn and restaurant £345,000 Askews Bakery, Crickhowell Central Town Bakery (and 4 bed owners accommodation) £499,995 The Gremlin, Brecon Central Town Public House and letting rooms £250,000 Star Inn, Talybont Canalside Public House with letting rooms £275,000

From this assessment it would appear that the existing use valuation could be estimated to be between £215,000 and £345,000. This would return a residual value against existing use value of between -£85,000 (at the lower end of the market) and -£219,822 (at the upper end of the market). In neither instance would there be enough value in the scheme to meet the requirements for affordable housing set out under policy 28. Accordingly I am of the opinion that the DAT assessment demonstrates that the scheme is unviable for the provision of any affordable housing contribution.

Recommendation

Page 11 Page 5 of 18

It has been demonstrated that the scheme is not viable for the provision of an affordable housing contribution. Accordingly it has been determined that the requirements of Policy 28 have been satisfied. Strategy and Policy have no further objection to the proposed development.

Crickhowell Town Council 22nd Jul 2016 Re alterations to 54 High Street, Crickhowell Crickhowell Town Council has no adverse comments to make regarding this application.

NP Planning Ecologist 20th Jul 2016 A. Planning Policy & Guidance o To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. o The adopted Local Development Plan for the Brecon Beacons National Park includes the following policies regarding ecological issues and safeguarding biodiversity: o SP3 Environmental Protection - Strategic Policy o Policy 3 Sites of European Importance o Policy 4 Sites of National Importance o Policy 5 Sites of Importance for Nature Conservation o Policy 6 Biodiversity and Development o Policy 7 Protected and Important Wild Species o Policy 8 Trees and Development o Policy 9 Ancient Woodland and Veteran Trees o Policy 12 Lighting

B. Legislation o Environment Act 1995 - the first Statutory Purpose of the National Park is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park o The Environment (Wales) Act came into effect in March 2016 - from 21st May 2016, Section 6 requires public authorities to seek to maintain and enhance biodiversity. A list of species and habitats of principal importance in Wales is issued under Section 7. o Conservation of Habitats & Species Regulations 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".

Page 12 Page 6 of 18 ii. That there is "no satisfactory alternative" iii. That the derogation is "not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range"

C. Comments 1. Thank you for consulting me on the above application. The development proposals are for alterations and construction of extensions to the rear (south-east) elevation of a former public house in the centre of Crickhowell. I have previously provided comments on a planning application at this site and recommended that the results of bat activity surveys would be required in support of an application as works to the roof an eaves were proposed. 2. I visited the site last year in relation to the previous application and have reviewed the documents and drawings submitted with these applications, which includes the following ecological information: o The Corn Exchange, 54 High Street, Crickhowell - Bat Survey Report by Acer Ecology dated August 2015 3. I welcome the submission of the ecological report with the application and I note that bat activity surveys were undertaken in June and July 2015; this is an optimal time of year for assessing the presence of bat roosting. No evidence of bat roosting was found, although some bat activity (pipistrelles and noctules) was recorded. There was also no evidence of active bird nesting. The recommendations in section 6.1 of the ecological report are appropriate and should be followed. 4. There will be opportunities to accommodate biodiversity enhancement measures and the ideas proposed in section 6.2 of the ecological report are appropriate; I am not sure why the ecological consultants have stated that implementation of enhancement measures is voluntary as the BBNPA is required to "protect and enhance biodiversity" under the Environment (Wales) Act 2016. I therefore recommend that at least two features are selected by the applicants for inclusion as enhancement - the easiest option is likely to be the retention of 20mm gaps under barge boards or similar. The applicants may wish to confirm this information prior to determination of this application in order to avoid the need to discharge a pre-commencement planning condition, for which there will be an additional planning fee.

D. Recommendations If this application is to be approved, I recommend the inclusion of planning conditions and informative notes to cover the following issues: 1. The development shall be carried out strictly in accordance with the recommendations in Section 6.1 of the ecological report dated August 2015. 2. Prior to the commencement of development works, a biodiversity enhancement scheme, to include provision of at least two features for bat roosting or bird nesting, shall be submitted to and approved in writing by the Local Planning Authority. The biodiversity enhancement scheme shall be undertaken and/or installed prior to the first beneficial use of the development hereby approved, in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. Following the installation of the approved scheme, a report confirming adequate installation shall be submitted to the Local Planning Authority.

Page 13 Page 7 of 18

Informative note: 1. Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 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: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the 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 Strategy And Policy 20th Jul 2016 The development plan for the area is the Brecon Beacons National Park Local Development Plan 2007-2022 (hereafter LDP) which was adopted by resolution of the National Park Authority on the 17th December 2013.

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

Proposal The proposal seeks the conversion of an existing A3 unit to provide 3no. A1/A2 units with 3 no. residential units above.

LDP Policy Context The proposal is located within the Key Settlement of Crickhowell as defined by the proposals map. The principle of the ground floor changes, are largely enabled under the General Permitted Development Order 1995 (as amended) and I offer no objection in relation to this element of the scheme.

I do however, wish to provide observations in relation to the creation of the residential accommodation. Under policy SP6 and Policy 28 of the LDP, all development which results in the net gain of dwellings, is required to provide a contribution towards affordable housing. Within Crickhowell the requirement is that 30% of the development be provided for Affordable Housing. The expectation is that this contribution should be provided on site, however, where this is not practical or the requirement equates to less than 1 dwelling, the NPA seeks the affordable housing contribution in form of a one off payment, referred to as a commuted sum. This commuted sum is usually payable prior to occupation of the proposed dwellings.

I note from the planning application file that the proposal will result in the net gain of 2 dwellings. From my calculations that would equate to a financial contribution of £28,536 . I

Page 14 Page 8 of 18 must stress that this figure, is a starting point for negotiations, as policy 28 states the NPA will adopt a robust but flexible approach to the contribution requested which will be linked to market conditions and their impact on site viability accordingly there is a procedure in place which enables applicants to request an assessment of the viability of the policy level affordable housing contribution. There are three options from such an assessment thus:- a) the contribution level is found viable and planning permission would not be granted without appropriate provision at the requested level or; b b) the scheme is found to be unviable with policy level contributions but is found able to support a reduced level contribution, again planning permission would not be granted without provision of the reduced level of contribution or c) The scheme is found unviable to provide any level of affordable housing contribution and planning permission would be granted without the need to satisfy Policy 28.

If the applicants wish to proceed with a viability assessment they will need to provide the following information. This information should be provided within the next 7 days to ensure there are no delays to the planning process.

1. Anticipated Market Value of completed scheme. This should be supplied by at least one independent estate agent. Multiple valuations provide greater certainty in the veracity of the toolkit analysis for both applicant and NPA 2. Total Build Costs, ideally this will be supplied as a bill of quantities from an independent chartered surveyor 3. Exceptional Development Costs, broken down into type of cost and amount. 4. Any other S106 contributions such as education/highways contributions 5. Capital Grant contribution (if applicable) 6. Existing use value of land (and/or alternative use values of the land) 7. Price paid for development site if different to number 6 above. 8. For the commercial element, the following information o Size of scheme (gross sqm) o Rent (£ per sq m) o Yield (%) o Build costs (£ per GIA sq m) o Return (% capital value)

If the applicants do not wish to proceed with viability assessment, it is advised that they progress to providing heads of terms for the s106 agreement to provide the above stated level of contribution. A model agreement is provided within our Adopted Affordable Housing SPG http://www.beacons-npa.gov.uk/wp-content/uploads/Adopted-Affordable- Housing-SPG.pdf

I would be happy to meet with the applicants to discuss any of the above issues to progress the scheme to positive outcome.

Recommendation: Without any progression towards compliance with Policy 28 of the LDP I have no option but to object to this proposal.

Page 15 Page 9 of 18

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 Senior Heritage Officer (Building Conservation) 27th Jul 2016 National Policy Framework Planning Policy Wales (Edition 8: Jan 2016): Paragraph 6.5.9 recognises the importance of protecting the historic environment and states that: "Where a development proposal affects a Listed Building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses" The adopted LDP states that: Policy 15 Listed Buildings All listed building consent application will be determined in accordance with National Policy as set out in Circular 61/96. Proposals for planning permission which impact on a listed building or its curtilage including the alteration, extension or change of use, whether internally or externally, will only be supported where it can be shown that there will be no significant harm to the special historic or architectural character and setting of the building or historic features.

1. Conversion / Alteration / Extension / Change of Use of a listed building The conversion, alteration, extension or change of use of a listed building will only be permitted where the following criteria are satisfied: a) The proposal conserves the contribution made by the building to the character of the National Park. b) The materials and finishes used in the building works are compatible in all respects with those of the existing structure. c) The proposal conforms with all other relevant policies of this plan and national guidance d) The development would not have a detrimental effect on the setting of a listed or traditional building.

Considerations This building has had major alterations carried out over many years. It is unclear what the section of the building to the right was originally used for and much of the historic fabric has been considerably altered or removed over the last 100 years. The proposals will provide a suitable new use for the building without major alterations being required. The main alterations that will impact on the historic fabric will be to the front elevation of the building where some of the windows on the ground floor have to be enlarged to allow for a shop display. The rear elevation will have a new externally staircase introduced to allow for access into the upper floor flats. The rear wall has major areas of the infill carried out over the last 100 years and the design has tried to use these areas to introduce

Page 16 Page 10 of 18 entrance doors/windows to the new flats. Internally the reintroduction of the sub-dividing wall near the former bar area is welcome. Although by the separation into three units at 1st and ground floor levels the layout will alter the original layout is now no longer legible in what survives anyway.

1. Prior to installation; details of each type of window (inclusive of cross-sections, mullions, transoms, glazing bar profiles and glazing details along with window furniture) shall be submitted to and approved in writing by the Local Planning Authority. 2. Prior to installation; details of each type of external door (inclusive of cross sections, frame details and door furniture) shall be submitted to and approved in writing by the Local Planning Authority. 3. Notwithstanding the details shown on the submitted plans, the external elevations are to be painted in accordance with a colour scheme submitted to and approved in writing by the Local Planning Authority. 4. Double glazing is not acceptable and should not be used. 5. Dry Lining the walls with plasterboard or other materials is not acceptable and should not be used in the development; Reason: In order to protect the character and appearance of the Listed Building.

Powys County Council Highways 30th Jun 2016 The Highway Authority does not wish to comment upon this application.

CONTRIBUTORS Brian Kemp, , Mrs Ann Chamberlain, Pen Y Dre Brecon Road, CrickhowellMr Tim Jones, Wharf Cottage, LlangattockMrs Pat Webb, Windrush Great Oak Road, CrickhowellMrs Kirsty Johns, Ty Newydd, FfawyddogMr Ian Simpson, 5 Crown Cottages, LlangattockMs Jane Bradbury, 7 High Street, CrickhowellDominica And Anthony Williams, ,

OFFICER’S REPORT

Introduction Full planning permission is sought for the change of use of this property from A3 Public House to 3 separate A1/A2 units, with 3 residential units above, 2 x one bed and 1 x two bed.

The development also includes a single storey rear extension and alterations to the front

Page 17 Page 11 of 18 elevation.

A parallel listed building consent application has also been submitted (16/13691/LBC).

Site Description No 54 High Street is known as the former Corn Exchange, is Grade II Listed (with 17th Century origins) and sited within the Crickhowell Conservation Area. The 2 storey (with additional attic space) former public house ceased trading in 2014 and is located close to the corner of the A40/Beaufort Street and the High Street.

The building has a frontage onto the High Street and a small courtyard area to the rear.

It is part of a continuous historic frontage which is characterised by a variety of styles and scale.

Proposal Description Planning permission is sought for the creation of three new residential units within the upper floors, with two 1 bed units on the first floor and one 2 bed unit on the first floor with an additional bedroom in the existing attic space. These units will replace the former residential accommodation connected to the public house.

The proposed change of use from A3 to A1/A2 on the ground floor to create 3 small units does not require planning permission, however a single storey rear extension does require permission.

In addition, alterations are proposed to the front elevation, namely the creation of a new doorway (which will provide an access route through the building via a passageway to the rear) and the enlargement of two existing windows and an existing doorway. It is also proposed that the cill to an existing window on the northern side of the frontage will be lowered. The alterations are intended to provide a clearer commercial frontage with three separate entrances to the three units.

The rear extension, sited to the rear of the main building, will project some 2m and will provide toilet space to the rear of units 2 and 3. A new external walkway (constructed of galvanised mesh, ironwork and galvanized steel) will also be provided next to this extension to provide the external access and terrace area to the 3 first floor residential units. An existing single storey projection (currently toilets) will be demolished to make way for the extension.

Two large new openings will be set into the first floor and roof at the rear to provide light and access to 2 of the residential units.

A brick chimney and existing flue will be removed, and two roof lights and a sun pipe introduced to the rear roof slope.

The impact of the internal alteration on the historic fabric of the building is considered

Page 18 Page 12 of 18 under the listed building consent application (16/13691/LBC).

Principle of development The proposal is located within the Key Settlement of Crickhowell as defined by the proposals map. As stated above, the change of use of the ground floor (from A3 to A1/A2 is permitted under the General Permitted Development Order 1995 (as amended) and therefore there is no policy objection.

However, under policy SP6 and Policy 28 of the LDP, all development which results in the net gain of dwellings, is required to provide a contribution towards affordable housing. Within Crickhowell the requirement is that 30% of the development be provided for Affordable Housing. The expectation is that this contribution should be provided on site, however, where this is not practical or the requirement equates to less than 1 dwelling, the NPA seeks the affordable housing contribution in the form of a one off payment, referred to as a commuted sum. This commuted sum is usually payable prior to occupation of the proposed dwellings.

Given the existing residential accommodation on the first floor (which serves as the pub managers accommodation), the proposal will result in the net gain of 2 dwellings.

Subject to compliance with policy 28 in this respect, no objection in principle is raised to the proposal.

Visual impact of the development As stated above, the property is Grade II listed and located within the Crickhowell Conservation Area.

Paragraph 6.5.9 of Planning Policy Wales recognises the importance of protecting the historic environment and states that:

"Where a development proposal affects a Listed Building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses"

The adopted LDP has a number of relevant planning policies which relate to this application. Policy 15 of the Brecon Beacons National Park Authority Local Plan states that all listed building consent applications will be determined in accordance with National Policy as set out in Circular 61/96.

Proposals for planning permission which impact on a listed building or its curtilage including the alteration, extension or change of use, whether internally or externally, will only be supported where it can be shown that there will be no significant harm to the special historic or architectural character and setting of the building or historic features.

1. Conversion / Alteration / Extension / Change of Use of a listed building

Page 19 Page 13 of 18

The conversion, alteration, extension or change of use of a listed building will only be permitted where the following criteria are satisfied: a) The proposal conserves the contribution made by the building to the character of the National Park. b) The materials and finishes used in the building works are compatible in all respects with those of the existing structure. c) The proposal conforms with all other relevant policies of this plan and national guidance d) The development would not have a detrimental effect on the setting of a listed or traditional building.

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

As stated by the Heritage Officer, the main alterations that will impact on the historic fabric will be to the front elevation of the building where some of the windows on the ground floor have to be enlarged to allow for a shop display.

It is not considered that these alterations, which include a new doorway, will have a detrimental impact upon the historic fabric and special character of the building frontage, and will preserve the character and appearance of the street scene and wider Conservation Area.

The Heritage Officer states that the alterations to the rear elevation will make use of the infill carried out over the past century. There is limited historic fabric prominent in the rear, and it is not considered that the new 2m rear extension (which replaces a smaller 2m projection) nor the external walkway and terrace area will have a detrimental impact on the special character of the building.

The Heritage Officer therefore has no objection to the proposals, subject to conditions relating to full details of each window and external door being submitted, along with external elevations paint details and no double glazed units to the front elevation.

As such, it is considered that the external visual impact of the development is appropriate and acceptable and complies with the above policies.

Impact upon neighbouring properties The application site is surrounded (at the rear) by other buildings, mostly commercial at ground floor but with some residential units above, and the central area of the triangle of development (High Street, Tower Street and Beaufort Street) which is made up of service areas, gardens and ad hoc ancillary structures.

The 2m rear extension, given its limited scale and siting, will have no impact upon the amenity of any neighbour, and the addition of a terrace area for each flat at first floor level

Page 20 Page 14 of 18 will not lead to unacceptable direct overlooking of any neighbour as it does not directly face any private amenity space.

As such, it is not considered that the proposal will harm the amenities of any neighbouring property.

Ecology 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"

An ecological report was submitted with the application (dated August 2015) and no evidence of bat roosting was found, although some bat activity (pipistrelles and noctules) was recorded. There was also no evidence of active bird nesting.

There will be opportunities to accommodate biodiversity enhancement measures, and subject to conditions securing the provision of at least two features for bat roosting or bird nesting and the implementation of the precautionary building measures outlined in the submitted report, the Ecology Officer has no objection to the proposal.

Affordable Housing All proposals which result in the net gain of dwellings are required to make a contribution towards affordable housing. This is implemented through Policy 28 of the LDP which sets out that the contribution will either be through on site provision, a commuted sum, or a mix of both mechanisms. The implementation of this policy is supplemented by the Affordable Housing Supplementary Planning Guidance (BBNPA September 2014).

In this case, 2 new units are being created.

The applicant has provided a great deal of detail relating to the estimated costings of the works and the Strategy and Policy Officer has studied the figures and has undertaken a comprehensive assessment of the scheme utilising the 3 Dragons Development Appraisal Toolkit.

The assessment illustrates that there is not sufficient value in the scheme (when comparing

Page 21 Page 15 of 18 the residual value against existing use value) to meet the requirements for affordable housing set out under policy 28. Therefore it is concluded that at the DAT assessment demonstrates that the scheme is unviable for the provision of any affordable housing contribution.

As such, the Strategy and Policy Officer considers that the requirements of Policy 28 have been satisfied and has no objection to the proposed development.

Highways Powys County Council Highways have stated that they do not wish to comment on this application.

As such, it is considered that the proposal is acceptable in terms of highway safety as the proposed development, being within the town centre of Crickhowell is in a sustainable location.

Archaeology Welsh planning legislation and policy guidance outlines that the desirability of preserving archaeological remains and their setting is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.1).

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

The Heritage Officer (Archaeology) states that the site itself is close to the possible location of the medieval market, which is believed to be located at the widening of High Street and the intersection with the main Abergavenny to Brecon road.

Medieval burgage plots are thought to have lined either side of High Street, which can be detected within modern property boundaries, particularly to the west of High street.

The area is therefore considered to have potential to contain archaeological remains relating to the origins and development of the medieval town.

The development proposals indicate that excavation will be required in the rear yard, associated with the rear extensions to the building. These are currently understood to comprise excavations for new foundations, flooring, drains and ginnel.

The Heritage Officer considers that there is good potential for significant archaeological remains to be encountered during the development. However, it is considered that impacts on the archaeological resource could be effectively mitigated though the application of a programme of archaeological monitoring.

Page 22 Page 16 of 18 Subject to an appropriate condition to ensure adequate monitoring, no objection is raised.

Conclusion

It is recommended that the proposed development is acceptable and should be approved subject to the following conditions:

RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v1 (P101), NP2v1 (P102), NP3v1 (P103), NP4v1 (P104),), unless otherwise agreed in writing by the Local Planning Authority. 3 Prior to installation; details of each type of window (inclusive of cross-sections, mullions, transoms, glazing bar profiles and glazing details along with window furniture) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. 4 Prior to installation; details of each type of external door (inclusive of cross sections, frame details and door furniture) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. 5 Notwithstanding the details shown on the submitted plans, prior to the application of the external finish, a colour scheme shall be submitted to and approved in writing by the Local Planning Authority. The external elevations shall be painted in accordance with the approved details. 6 Notwithstanding the details shown on the submitted plans, double glazing is not hereby approved on the front elevation and should not be used. 7 The development shall be carried out strictly in accordance with the recommendations in Section 6.1 of the ecological report dated August 2015. 8 Prior to the commencement of development works, a biodiversity enhancement scheme, to include provision of at least two features for bat roosting or bird nesting, shall be submitted to and approved in writing by the Local Planning Authority. The biodiversity enhancement scheme shall be undertaken and/or installed prior to the first beneficial use of the development hereby approved, in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. Following the installation of the approved scheme, a report confirming adequate installation shall be submitted to the Local Planning Authority. 9 No development shall take place within the application area until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority. The archaeological work will be undertaken by a suitably qualified

Page 23 Page 17 of 18 archaeological contractor to the standards laid down by the Chartered Institute for Archaeologists. On completion of the fieldwork and any post-excavation analysis required, a copy of the final report shall be submitted to the Local Planning Authority for approval; and following approval to the Royal Commission on the Ancient and Historical Monuments of Wales for inclusion in the National Monument Record, and to Glamorgan Gwent Archaeological Trust for inclusion in the Regional Historic Environment Record (HER). 10 Prior to the commencement of the development details of the proposed drainage arrangements shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented before the first use of the residential units hereby permitted. 11 The development hereby granted is for 3 A1/A2 commercial units and 3 C3 residential units and no other use, notwithstanding the provisions of Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking, amending and re-enacting that Order).

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 In order to protect the character and appearance of the Listed Building. 4 In order to protect the character and appearance of the Listed Building. 5 In order to protect the character and appearance of the Listed Building. 6 In order to protect the character and appearance of the Listed Building. 7 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the Brecon Beacons National Park Authority. 8 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 9 To ensure that any remains of archaeological significance disturbed in the course of the development are adequately investigated, recorded and reported. 10 In order to ensure that satisfactory drainage arrangements are provided. 11 In the interests of clarity

Informative Notes:

1 Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 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

Page 24 Page 18 of 18 ENC6Item 2

Brecon Beacons National Park Authority

PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

4 October 2016

RECOMMENDATIONS OF THE DIRECTOR OF PLANNING

ON APPLICATIONS FOR DETERMINATION BY

THE PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

Page 25 Page 1 of 11

APPLICATION NUMBER: 16/13691/LBC APPLICANTS NAME(S): Mr Andrew Grey SITE ADDRESS: 54 High Street Crickhowell NP8 1BH GRID REF: E: 321771 N:218388 COMMUNITY: Crickhowell DATE VALIDATED: 21 June 2016 DECISION DUE DATE: 16 August 2016 CASE OFFICER: Mr Ben Phillips

PROPOSAL Alterations and rear extensions to former A3 public house with domestic residential accommodation over to create 3 no. A1/ A2 commercial units with 3 no. C3 residential use above. Planning application 16/13690/FUL also submitted.

ADDRESS 54 High Street, Crickhowell, NP8 1BH

Page 26 Page 2 of 11 Consultee Comments Received

Page 27 Page 3 of 11 areas to introduce entrance doors/windows to the new flats. Internally the reintroduction of the sub-dividing wall near the former bar area is welcome. Although by the separation into three units at 1st and ground floor levels the layout will alter the original layout is now no longer legible in what survives anyway.

Conclusion That the proposals will not have a detrimental impact on the special character or historic fabric of the building and therefore can be supported from a built heritage perspective. However I would request a number of conditions to be placed on any consents that may be granted. These are:- 1. Prior to installation; details of each type of window (inclusive of cross-sections, mullions, transoms, glazing bar profiles and glazing details along with window furniture) shall be submitted to and approved in writing by the Local Planning Authority. 2. Prior to installation; details of each type of external door (inclusive of cross sections, frame details and door furniture) shall be submitted to and approved in writing by the Local Planning Authority. 3. Notwithstanding the details shown on the submitted plans, the external elevations are to be painted in accordance with a colour scheme submitted to and approved in writing by the Local Planning Authority. 4. Double glazing is not acceptable and should not be used. 5. Dry Lining the walls with plasterboard or other materials is not acceptable and should not be used in the development;. Reason: In order to protect the character and appearance of the Listed Building.

Page 28 Page 4 of 11 B. Legislation o Environment Act 1995 - the first Statutory Purpose of the National Park is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park o The Environment (Wales) Act came into effect in March 2016 - from 21st May 2016, Section 6 requires public authorities to seek to maintain and enhance biodiversity. A list of species and habitats of principal importance in Wales is issued under Section 7. o Conservation of Habitats & Species Regulations 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"

Page 29 Page 5 of 11 may wish to confirm this information prior to determination of this application in order to avoid the need to discharge a pre-commencement planning condition, for which there will be an additional planning fee.

D. Recommendations

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

1. The development shall be carried out strictly in accordance with the recommendations in Section 6.1 of the ecological report dated August 2015. 2. Prior to the commencement of development works, a biodiversity enhancement scheme, to include provision of at least two features for bat roosting or bird nesting, shall be submitted to and approved in writing by the Local Planning Authority. The biodiversity enhancement scheme shall be undertaken and/or installed prior to the first beneficial use of the development hereby approved, in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. Following the installation of the approved scheme, a report confirming adequate installation shall be submitted to the Local Planning Authority.

Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the 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

Crickhowell Town Council 22nd Jul 2016 Crickhowell Town Council has no adverse comments to make regarding this application.

CONTRIBUTORS Ann Williams, Brian Kemp, Mr Tim Jones, Wharf Cottage, LlangattockMr Rodney Reames, Field House Coed-Yr-Ynys Road, LlangynidrMrs Pat Webb, Windrush Great Oak Road, Crickhowell Dominica And Anthony Williams

Page 30 Page 6 of 11

OFFICER’S REPORT

Introduction Listed Building Consent is sought for the change of use of this property from A3 Public House to 3 separate A1/A2 units, with 3 residential units above, 2 x one bed and 1 x two bed.

The development also includes a single storey rear extension and alterations to the front elevation.

A parallel full planning application has also been submitted (16/13690/FUL).

The building has a frontage onto the High Street and a small courtyard area to the rear.

It is part of a continuous historic frontage which is characterised by a variety of styles and scale.

The property is listed due to its group value.

Proposal Description Listed Building Consent is sought for the creation of three new residential units within the upper floors, with two 1 bed units on the first floor and one 2 bed unit on the first floor with an additional bedroom in the existing attic space. These units will replace the former residential accommodation connected to the public house.

The creation of 3 small commercial units on the ground floor is also proposed.

In addition a single storey rear extension is proposed, along with alterations to the front elevation, namely the creation of a new doorway (which will provide an access route through the building via a passageway to the rear) and the enlargement of two existing windows and an existing doorway. It is also proposed that the cill to an existing window on the northern side of the frontage will be lowered.

The alterations are intended to provide a clearer commercial frontage with three separate entrances to the three units.

The rear extension, sited to the rear of the main building, will project some 2m and will provide toilet space to the rear of units 2 and 3. A new external walkway (constructed

Page 31 Page 7 of 11 of galvanised mesh, ironwork and galvanized steel) will also be provided next to this extension to provide the external access and terrace area to the 3 first floor residential units. An existing single storey projection (currently toilets) will be demolished to make way for the extension.

Two large new openings will be set into the first floor and roof at the rear to provide light and access to 2 of the residential units.

A brick chimney and existing flue will be removed, and two roof lights and a sun pipe introduced to the rear roof slope.

Internally, the following works are proposed:

O Subdivision of the ground floor into three separate commercial units using existing doorway access points on the High Street elevation. Alterations to two window openings to support new commercial use and new joinery to existing windows and doors as appropriate. O A new staircase up to an access walkway and entrance terraces to three separate residential units at first floor level. O Structural work to support existing masonry chimney, roof structure, walls and floors to be agreed with local authority following further structural assessment. O Repairs and replacement of internal finishes, like for like where appropriate. O Alterations to fabric to meet building regulation requirements mainly with regard to sound and fire compartmentalisation of the separate units. This is anticipated to involve cladding of existing structure where practical.

Impact of the development upon the historic fabric of the Grade II listed building. Planning Policy Wales (Edition 8: 2016): Paragraph 6.5.9 recognises the importance of protecting the historic environment and states that: "Where a development proposal affects a Listed Building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses"

Policy 15 of the Brecon Beacons National Park Authority Local Development Plan states that all listed building consent applications will be determined in accordance with National Policy as set out in Circular 61/96.

The internal alterations on the ground floor mainly involve the removal of subdivisions and the creation of the passageway through to the rear courtyard. It is not considered

Page 32 Page 8 of 11 that any substantial historic fabric will be lost by the works proposed.

Similarly, the Heritage Officer states that the alterations to the rear elevation will make use of the infill carried out over the past century. There is limited historic fabric prominent in the rear, and it is not considered that the new 2m rear extension (which replaces a smaller 2m projection) or the new openings will have a detrimental impact on the special character of the building.

The internal works proposed on the first floor involve more alterations to the layout, however the main historic walls will not be effected.

The Heritage Officer has no objection to the proposals, subject to conditions relating to full details of each window and external door being submitted, along with external elevations paint details and no double glazed units to the front elevation. In addition a condition is proposed that will require further LB consent prior to any dry lining to the internal walls.

As such, and subject to these conditions, it is considered that the proposal will not harm the historic fabric of the listed property in accordance with the above polices, and will preserve its special architectural and historic interest.

Page 33 Page 9 of 11 Conclusion It is recommended that the proposed development is acceptable and should be approved subject to the following conditions:

RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v1 (P101), NP2v1 (P102),), unless otherwise agreed in writing by the Local Planning Authority. 3 Prior to installation; details of each type of window (inclusive of cross-sections, mullions, transoms, glazing bar profiles and glazing details along with window furniture) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. 4 Prior to installation, details of each type of external door (inclusive of cross sections, frame details and door furniture) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. 5 Notwithstanding the details shown on the submitted plans, prior to the application of the external finish, a colour scheme shall be submitted to and approved in writing by the Local Planning Authority. The external elevations shall be painted in accordance with the approved details. 6 Notwithstanding the details shown on the submitted plans, double glazing is not hereby approved on the front elevation and should not be used, and Dry Lining the walls with plasterboard or other materials is not approved and should not be used in the development, unless agreed in writing by the Local Planning Authority. 7 The development shall be carried out strictly in accordance with the recommendations in Section 6.1 of the ecological report dated August 2015. 8 Prior to the commencement of development works, a biodiversity enhancement scheme, to include provision of at least two features for bat roosting or bird nesting, shall be submitted to and approved in writing by the Local Planning Authority. The biodiversity enhancement scheme shall be undertaken and/or installed prior to the first beneficial use of the development hereby approved, in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. Following the installation of the approved scheme, a report confirming adequate installation shall be submitted to the Local Planning Authority.

Reasons:

Page 34 Page 10 of 11 1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 In order to protect the character and appearance of the Listed Building. 4 In order to protect the character and appearance of the Listed Building. 5 In order to protect the character and appearance of the Listed Building. 6 In order to protect the character and appearance of the Listed Building. 7 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the Brecon Beacons National Park Authority. 8 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

Informative Notes:

Page 35 Page 11 of 11 This page is intentionally left blank ENC6Item 3

Brecon Beacons National Park Authority

PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

4 October 2016

RECOMMENDATIONS OF THE DIRECTOR OF PLANNING

ON APPLICATIONS FOR DETERMINATION BY

THE PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

Page 37 Page 1 of 31

APPLICATION NUMBER: 16/13788/FUL APPLICANTS NAME(S): Mr Mark Young SITE ADDRESS: Ty Gwyn Farm Ty Gwyn Road Gilwern Abergavenny NP7 0HL GRID REF: E: 325421 N:214185 COMMUNITY: Llanelly DATE VALIDATED: 29 July 2016 DECISION DUE DATE: 7 October 2016 CASE OFFICER: Donna Bowhay

PROPOSAL Temporary soil storage in association with Section 2 of the Heads of the Valleys Road Dualling Scheme

ADDRESS Ty Gwyn Farm , Ty Gwyn Road, Gilwern

Page 38 Page 2 of 31 Consultee Comments Received National Grid UK Transmission 22nd Aug 2016 Thank you for your enquiry which was received on 04/08/2016. Please note this response and any attached map(s) are valid for 28 days. An assessment has been carried out with respect to National Grid Electricity Transmission plc's and National Grid Gas plc's apparatus. Please note it does not cover the items listed in the section "Your Responsibilities and Obligations", including gas service pipes and related apparatus. For details of National Grid's network areas please see the National Grid website (http://www.nationalgrid.com/uk/Gas/Safety/work/) or the enclosed documentation. Are My Works Affected? National Grid has identified that it has apparatus in the vicinity of your enquiry which may be affected by the activities specified. Can you please inform National Grid, as soon as possible, the decision your authority is likely to make regarding this application. If the application is refused for any other reason than the presence of National Grid apparatus, we will not take any further action. Please let us know whether National Grid can provide you with technical or other information that may be of assistance to you in the determination of the application. As your proposed activity is in close proximity to National Grid's Transmission assets we have referred your enquiry/consultation to our Asset Protection team for further detailed assessment. We request that you do not commence work or take further action with regards to your proposal until you hear from us. We will endeavour to contact you within 21 days from the date of this response. Please contact us at [email protected] if you have not had a response within this time frame. Due to the presence of National Grid apparatus in proximity to the specified area, the contractor should contact National Grid before any works are carried out to ensure our apparatus is not affected by any of the proposed works. Your Responsibilities and Obligations The "Assessment" Section below outlines the detailed requirements that must be followed when planning or undertaking your scheduled activities at this location. It is your responsibility to ensure that the information you have submitted is accurate and that all relevant documents including links are provided to all persons (either direct labour or contractors) working for you near National Grid's apparatus, e.g. as contained within the Construction (Design and Management) Regulations. This assessment solely relates to National Grid Electricity Transmission plc (NGET) and National Grid Gas plc (NGG) apparatus. This assessment does NOT include:

National Grid's legal interest (easements or wayleaves) in the land which restricts activity in proximity to National Grid's assets in private land. You must obtain details of any such restrictions from the landowner in the first instance and if in doubt contact National Grid. Gas service pipes and related apparatus Recently installed apparatus l

Page 39 Page 3 of 31 Apparatus owned by other organisations, e.g. other gas distribution operators, local electricity companies, other utilities, etc. It is YOUR responsibility to take into account whether the items listed above may be present and if they could be affected by your proposed activities. Further "Essential Guidance" in respect of these items can be found on the National Grid Website (http://www2.nationalgrid.com/WorkArea/DownloadAsset.aspx?id=8589934982). This communication does not constitute any formal agreement or consent for any proposed development work; either generally or with regard to National Grid's easements or wayleaves nor any planning or building regulations applications. NGG and NGET or their agents, servants or contractors do not accept any liability for any losses arising under or in connection with this information. This limit on liability applies to all and any claims in contract, tort (including negligence), misrepresentation (excluding fraudulent misrepresentation), breach of statutory duty or otherwise. This limit on liability does not exclude or restrict liability where prohibited by the law nor does it supersede the express terms of any related agreements. If you require further assistance please contact the National Grid Plant Protection team via e-mail (click here) or via the contact details at the top of this response.

Llanelly Community Council 2nd Aug 2016 Further to the above planning application. The community council next meeting will be convened in September 2016 which will be outside the consultation period. The community council would ask for a deferral for a further four weeks, this is due to the holiday recess. I would like to make an observation the cover letter is dated 29 July and post marked the 1 August 2016, therefore 4 days are omitted from the 21 day consultation period. This deferral will enable elected members to consider the proposed application.

31-08-16

Llanelly Community Council has significant concerns with the proposed development as submitted. Llanelly Community Council recommends that planning permission should only be granted by your Planning Authority if the following requirements can be met. If these requirements are not met, Llanelly Community Council would formally object to this application. The proposed extension to the site is for the use of a number of fields as areas for temporary storage of excavated inert materials and soils in association with the improvements to section 2 of the A465 Heads of the Valleys trunk road. The proposed site will be in the open countryside and will be visible from a number of advantage points. The proposed site is approximately 300 metres to the South East of Gilwern and a similar distance from the village of Govilon. Set out in National Park LDP document, CYD LP1: this policy states: 'to enable appropriate development within countryside and be required to contribute positively to their countryside setting and enhance the quality of the landscape without adverse impact on the wildlife, and natural beauty, cultural heritage, environmental assets or

Page 40 Page 4 of 31 biodiversity of the area'. It is clear that the amount of material that is proposed to be stored in this proposed location is in conflict with this policy. The applicants should have sufficient land available to store material which is in the ownership of the Welsh Government and included in the draft orders. After considering the drawing that has been provided and local knowledge of the location of the proposed storage area, the possibility of further hedges being removed will be a great possibility. The removal of Hedge 53 and that being extended to hedges 52 and 56 will be a possibility due to the pinch point of the field layout in this location. Concern must also be expressed regarding the proposed haul route. Drawing number HOV2-TGF-002 shows the haul route accessing the proposed storage area which is outside the proposed development area identified on the plan number above. This haul route is proposed to pass through a number of hedges that are not indicated on the plans H20, H21 H16 plus H23 and H15. Concern must also be expressed that a further haul route is proposed to cross the existing Ty-Gwyn Road. This proposed haul route will to cross an unclassified road, but this unclassified road allows visitors and local residents use the temporary car park the main contractor constructed after closing the hammer head and car park on Ty-Gwyn Road. This proposal would appear to have no traffic management or assessment plan to ensure the safety of residents or visitors. This proposed haul route would seem to be outside the proposed development area that is being considered, and a number of hedges will be removed or damaged with the plant that will be crossing this haul route. H31 H26 H59 Drawing number HOV2-TGF-002 indicates that a proposed settlement pond will be constructed in the North East corner of the proposed storage site. Concern must be expressed if this settlement pond is due to be constructed there is no clear indication how the discharge will be managed in line with Policy 58 Sustainable Drainage Systems. This policy clearly states new development will be required to consider the incorporation of appropriate SUDS. The applicant has not demonstrated how the discharged water will be managed before interning the main water course through the existing tributaries or if the discharge will be discharged into the Brecon and Mon Canal system. Concern must be expressed that the applicant has not taken into account Policy 56 Water and Sewage Supply for New Development. The properties that are located east of the proposed storage side are fed by the local springs, and with this amount of storage and other associated works that will be involved, the applicant has no mitigating polices if these water courses are disturbed or the water quality is affected. Development should only be permitted if adequate water and mains sewerage infrastructure exists or can be provided without detriment to water quality, nature conservation interests or residential amenity. Where appropriate the NPA will impose a planning condition or obligation to ensure that adequate services are available to serve the development. Potential impacts relate to the Air Quality Management Plan. Concern has been expressed over the current management of the air quality and dust control since the project commenced. The main contractor has not undertaken any preplanning assessments relating to the existing air quality east of the contractors main compound and the surrounding areas. Identified under section 3 of the Air Quality Management Plan, the applicant has not provided evidence in the application that sufficient sensitive receptors have been located

Page 41 Page 5 of 31 east of the existing main compound. A number of complaints have been made to the contractor about air quality during the construction works. The contractor has acknowledged that they are unable to provide sufficient water to manage the control of dust and air quality. If this application is considered and granted consent how will the dust and adverse air quality be managed regarding additional storage of 85,000m3 of inert material. The contractors have a number of other storage areas within the boundaries of the site, but within these areas the contractor with its subcontractors are crushing excavated rock to use as retaining fill on site. Concern has been expressed over the current working practise. The main contractor and their subcontractors are failing to follow the Noise, Vibration and Lighting (Visual Intrusion) Management Plan. The subcontractors are not adhering to the timelines identified in the management plan and the noise level restrictions. It has been reported that working outside these times are unacceptable to local residents, and with these proposal to store an estimated 86K m3 of material and use crushing equipment to reuse the materials will be totally unacceptable. Conclusion: The council object to this application on the following grounds. The proposed location is unsuitable under policies:- CYD LP1: Policy 58: Storage of material in the open countryside; No community engagement has taken place before the planning application has been submitted, as section 8 of the report; Insufficient water supply to manage existing and proposed controls; Under the Environmental Permitting Reg's 2010, any crushing or screen on site should need special consideration by the EHO. No report attached to the application.

Monmouthshire County Council Highways 18th Aug 2016 No objection (subject to any specified conditions below) OBSERVATIONS / COMMMENTS The application is for the temporary soil storage on land adjacent to Ty Gwyn Farm, Gilwern in association with the ongoing Heads of the Valleys dualling scheme.

Having assessed the plans and supporting information it is noted that access to the storage area will be via temporary haul roads directly off the existing works area off Ty Gwyn Road. The haulage associated with the soil store will be kept off the highway network as much as possible in order to minimise disruption. The works are not likely to exceed the HGV movements currently experienced under the ongoing dualling operations therefore there are no highway grounds to object to the temporary soil storage area. Monmouthshire County Council Environmental Health 20th Sep 2016 Further to our telephone conversation last week I can confirm that I have no objection to this application.

As discussed a number of Consents have been issued by this section under section 61

Page 42 Page 6 of 31 Control of Pollution Act 1974 which set out constraints and conditions to control noise and vibration from the A465 work. Each Consent has been issued for a 6 month period and are in response to an initial application from Costain Ltd. If planning permission is granted I would expect the working practices on site to meet the same conditions adopted for the rest of the Section 2 work. Please note current agreed working hours under the terms of the current Consent are:

Monday to Fridays 07:30 - 19:00 hrs Saturdays 08:00 - 13:00 hrs Sundays 09:00 - 13:00 hrs delivery and unloading of materials to site compounds which are directly accessed off the A465 Public Holidays No permissible hours

However inevitably there are operations which need to be undertaken outside these hours for safety reasons, to minimise impact on road users etc. I approve each of these occasions having first considered the reason for the variation, the plant/equipment involved and specific control measures for noise mitigation including notifying local residents.

I note that the documentation submitted with the application includes the Air Quality Management Plan dated November 2014 agreed with this section.

Finally I understand that there may be a spring(s) providing a private water supply to properties located to the south east of the proposed site. I therefore recommend that any grant of planning permission is subject to a condition requiring a plan to be submitted and agreed for the prevention / management of spillages of fuel/oil from vehicles, equipment and machinery used in association with the soil storage facility, prior to the use commencing.

If you have any queries please do not hesitate to contact me.

Monmouthshire County Council Land Drainage No comments received

NP Heritage Officer Archaeology 19th Aug 2016 National Policy Framework Welsh planning legislation and policy guidance outlines that the desirability of preserving archaeological remains and their setting is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.1). Planning Policy Wales (Edition 8: 2016): Paragraph 6.5.1. 'The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development,

Page 43 Page 7 of 31 there should be a presumption in favour of their physical preservation in situ. In cases involving lesser archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development.'

This means that Local Planning Authorities in Wales have to take into account archaeological considerations and deal with them from the beginning of the development control process (WO Circular 60/96 Para. 10), and need to be fully informed about the nature and importance of archaeological remains, and their setting, and the likely impact of any proposed development upon them (WO Circular 60/96, Para. 15). Development Plan Framework The adopted Local Development Plan sets out the Brecon Beacons National Park's policies and proposals to guide development in the National Park, , including Policy SP3 f): 'All proposals for development or change of use of land or buildings in the National Park must demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of … archaeological features'. Archaeological sensitivity and significance of the site I welcome the submission of the Heritage Assessment with application. The assessment clearly outlines the background to the proposal, the planning framework, and the methodology used to undertake the assessment, and presents the results in a clear and structured way. It is considered that the Heritage Assessment properly addresses the archaeological and landscape context of the site. The assessment addresses potential settings issues in relation to the Blaenavon Industrial Landscape World Heritage Site, Blaenavon Landscape of Outstanding Historic Interest, and the Cwm Clydach Landscape of Special Historic Interest, and makes convincing argument that the effects on these landscapes, whilst acknowledged to be present, are temporary. They also address the potential setting from listed buildings within the vicinity of the site, including the Grade II* listed Llanwenarth House, and conclude that the effects are temporary, and slight, particularly when seen against the backdrop of Heads of the valley Duelling scheme. I concur with these conclusions. The assessment also acknowledges the potential for a site of this scale to contain previously unrecognised archaeological features. Whilst an evaluation of the area has been considered, it is felt that with the information submitted regarding the low density of archaeological remains identified within the earlier geophysical survey and evaluation of the current compound and storage area to the north of the site, the recommendation that a Watching Brief, in the form of a controlled strip and map of the area undertaken during ground works, followed by fencing off and excavation of any exposed remains, is reasonable. I welcome the submission of the specification for an archaeological watching brief. However the following amendments need to be made before this document can be approved: o Please clarify the form of Watching Brief: Intensive, with an archaeologist actively monitoring the strip. This will ensure that any areas of archaeological sensitivity are identified quickly, clearly fenced off and protected from machine movement, and facilitating controlled excavation of any identified remains.

Page 44 Page 8 of 31 o Please clarify: the resultant report will need submission to the local planning authority for approval, before the condition can be discharged. o Please add: That copy of the final report is submitted to the appropriate regional Welsh Historic Environment Record within two months of the completion of the work. o Please specify: Health and Safety arrangements.

Mitigation Required I would recommend that a condition be applied to any consent granted for this application, specifying the requirements for an archaeological watching brief. The following would be an appropriate condition to use: The developer will ensure that a suitably qualified archaeological contractor is present during the undertaking of any ground works in the development area, so that an archaeological watching brief can be maintained. The archaeological watching brief will be carried out in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority and must meet the standards laid down by the Institute for Archaeologists in their Standard and Guidance for an Archaeological Watching Brief. The Local Planning Authority must be informed at least 2 weeks prior to the commencement of the development of the name of the archaeological contractor appointed to undertake the Watching Brief. A copy of the Watching Brief report shall be submitted to the Local Planning Authority, the National Park Archaeologist and the local Welsh Archaeological Trust for inclusion in the Regional Historic Environment Record (HER). Reason: To ensure that any remains of archaeological significance disturbed in the course of the work are excavated, recorded and reported.

NP Heritage Officer Archaeology 26th Aug 2016 I have reviewed the amended WSI, and this can be approved now.

NP Planning Ecologist 22nd Aug 2016 A. Planning Policy & Guidance o To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. o The adopted Local Development Plan for the Brecon Beacons National Park includes the following policies regarding ecological issues and safeguarding biodiversity: o SP3 Environmental Protection - Strategic Policy o Policy 3 Sites of European Importance o Policy 4 Sites of National Importance o Policy 5 Sites of Importance for Nature Conservation

Page 45 Page 9 of 31 o Policy 6 Biodiversity and Development o Policy 7 Protected and Important Wild Species o Policy 8 Trees and Development o Policy 9 Ancient Woodland and Veteran Trees o Policy 12 Lighting

C. Comments 1. Thank you for consulting me on the above application. The development proposals are for the use of a number of fields as areas for temporary storage of soil in association with the major roadworks to improve the Heads of the Valleys Road. The site is in the open countryside 300 metres to the south of Gilwern and immediately adjoins the works compound associated with the roadworks. 2. I visited the site last week and have reviewed the documents and drawings submitted with the application, which includes the following ecological information: o A465 Heads of the Valleys Section 2 - Ty Gwyn Farm, Ecology and Nature Conservation Report by RPS dated June 2016 3. I welcome the submission of the ecological report with the application and I note that the fields that are the subject of this application are improved grassland and of limited botanical interest. The fields are bounded by hedgerows some of which are intact and regularly cut whilst others are gappier and have become quite tall. Some of the hedgerows have stone walls or remains of walls at the base and there is also a section of stone wall that will need to be removed to allow access to the site. 4. During our site visit, the possibility of reducing the amount of hedgerow loss between the tow fields was discussed with the applicants and their ecologist and it was agreed in principle that this could probably be achieved. The drawings should be

Page 46 Page 10 of 31 amended to show that the gap between the fields will be reduced to approximately 12 metres including the existing gateway; therefore, a shorter section of Hedge 53 and its associated stone wall will be lost at the northern end of the hedgerow. 5. Hedgerow mitigation measures include the implementation of buffer zones along the hedgerows to avoid damage to root protection areas and the reinstatement of the hedgerow and stone walls following completion of the works. The NPA tree consultant can provide further guidance on the acceptability of the buffer zones that have been identified in relation to trees. 6. There is mention of the potential need for external lighting [as required] in the ecological report, but there is no information regarding this. I suggest that any required lighting is controlled through a planning condition, or further detail is submitted at this stage. 7. The application site is over 800 metres from the River Usk SSSI and SAC, but is only just over 100 metres from the Baiden Brook which is a tributary of the River Usk. A series of drainage ditches are proposed across the site as well as a settlement pond in the north-east corner to control surface water and sediments. During the site visit, it was noted that there is soil storage on an adjacent field and that it appears to be being appropriately managed. A planning condition should be imposed to secure the implementation of the Air Quality Management Plan and the Contaminated Land Management Plan as submitted with this application; provided this is implemented, No Likely Significant Effects on the River Usk SAC are anticipated as a result of these development proposals. Natural Resources Wales have also raised no objection to approval of this application. 8. The BBNPA is required under the Environment (Wales) Act 2016 to seek opportunities for biodiversity enhancement through the planning process. There will be opportunities to accommodate biodiversity enhancement measures as part of the reinstatement and restoration of the site following completion of the development. This could take the form of supplementary planting of native-species hedgerow in places where there are gaps in the existing hedgerow and/or the installation of stock-proof fencing to protect the bases of the hedgerows from damage by stock. The hedgerow mix that is specified on drawing NP4v1 is acceptable for new hedgerow planting. A planning condition should be imposed to secure a biodiversity enhancement scheme, but the developers may wish to submit this information at this stage to avoid the need for discharge of planning conditions. A planning condition should also be imposed to ensure that the restoration scheme is implemented in full.

D. Recommendations

The drawings should be amended to address the reduction of proposed hedgerow loss at the site.

A biodiversity enhancement scheme is required; this can be secured through an appropriately worded planning condition, but information could be submitted prior to determination if desired.

No information about external lighting has been submitted; please can it be clarified if

Page 47 Page 11 of 31 any will be required.

If the revised drawings are acceptable and this application is to be approved, I recommend the inclusion of planning conditions and informative notes to cover the following issues:

1. The development shall be carried out strictly in accordance with Section 4.3 of the Ecology and Nature Conservation report dated June 2016, the Air Quality Management Plan dated November 2014 and the Contaminated Land Management Plan dated December 2014. 2. Within 6 months of the implementation of the planning permission hereby approved, a biodiversity enhancement scheme shall be submitted to and approved in writing by the Local Planning Authority. The biodiversity enhancement scheme shall include a timetable for implementation and provision for long-term management to ensure good establishment and shall be implemented in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. Following the implementation of the approved scheme, a report confirming adequate installation shall be submitted to the Local Planning Authority. 3. No external lighting shall be installed until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with wildlife corridors and shall be implemented as approved.

NP Planning Ecologist 13th Sep 2016 I can confirm that the proposals are now acceptable - a planning condition should be imposed to secure their implementation.

NP Strategy And Policy 17th Aug 2016

Page 48 Page 12 of 31 I refer to the above which has been forwarded to the Strategy and Policy Team for comment.

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

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

Proposal The proposal seeks the temporary storage of soil in association with Section 2 of the Heads of the Valleys Road Duelling Scheme

LDP Policy Context The proposal is located in an area of open countryside as defined by the LDP Proposasls Map. Within countryside locations, development is limited to that which can be proven to be necessary and essential to a countryside location. The forms of development which are considered acceptable in such a location are set out in policy CYD LP1 of the LDP. There is no provision for the proposed development within this policy.

However, notwithstanding the above, strategy and policy believe that there is a case to be made to enable this as a departure to the development plan in relation as follows. 1. The proposed development is necessary and essential to the successful completion of the consented works to the A465. 2. The proposed development is temporary in nature, and will not have a long lasting impact on the quality of the landscape policy CYD LP1 seeks to control.

Accordingly strategy and policy believe that the scheme is justified, however advise that the scheme is a departure from the development plan and should be advertised as such.

Recommendation: 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 Rights Of Way Officer No comments received

NP Tree Consultant 31st Aug 2016 I have considered the submitted information and set out my comments below:

1) The application is for temporary soil storage at Ty Gwyn Farm, Gilwern in association with section 2 of the Heads of the Valleys Road dualling scheme.

Page 49 Page 13 of 31 2) The applicant has not provided a separate tree survey report, but the trees present on site are listed in a tree survey schedule within the Existing Vegetation Schedule document, dated June 2016. 3) A specific tree location plan has also not been provided, but the Landscape Design Plan (drawing no. HOV2-TGF-005, Rev. P1.1, dated 14/07/16) does show the tree locations of the trees listed in the tree schedule. 4) Of the larger, mature trees listed in the tree schedule, only T104 (Ash) is present on the site boundary, and no soil storage is shown in it's immediate vicinity.

I have no overall objection to the proposal, and recommend that the following condition is placed on any planning permission granted:

1) T104 (Ash) is to be fenced off at a 15m distance from the tree, in accordance with the protective tree fencing specification as set out in section 6.2 and Figure 2 of the 'British Standard 5837 : 2012 - Trees in relation to design, demolition and construction - recommendations', PRIOR to any works commencing on site.

Reason - to protect the rooting area of the tree from any possible damage caused during the proposed works.

Natural Resources Wales/Cyfoeth Naturiol Cymru 19th Aug 2016 Thank you for consulting Natural Resources Wales (NRW) regarding the above planning application on 01 August 2016. NRW do not object to the development and we have the following comments regarding waste and pollution control management; and landscape aspects. We note from comments in the Planning Statement (Ref: HOV2- BWF-Planning Statement-160718, rev 2, dated 18.07.16) that this application relates to land to the south of Section 2 of the A465, Heads of the Valleys Road dualling project (HoV2). Further the assessments confirm that, taking into account the mitigation measures incorporated within the proposals, the proposed temporary soil storage is not likely to result in any significant adverse environmental impacts in relation to landscape, amenity, biodiversity, transport, drainage and flood risk, land use and recreation, and cultural heritage.

Storage of Materials, Waste and Pollution Control Management While we note from the Planning Statement that the material to be stored at the site will be inert, we would ask for those materials being stored on site to be screened in order to provide certainty that they are uncontaminated. We refer you to the document entitled 'Contaminated Land Management Plan (Protocol for the discovery of unexpected contamination)' by Costain (their ref: Rev 1; dated December 2014) and comments made in Section 7, Discovering Potentially Contaminated Land or Materials, which outlines the steps to be adopted. We agree with Step 3, where an approach will be agreed with the Local Authority and NRW in the event that contamination is suspected; and in order to identify the extent of the contamination and its management. As part of this management, we would require any contaminated materials (or materials requiring processing) being brought onto site to be stored in a fully bunded area. We

Page 50 Page 14 of 31 further recommend that all material brought onto site should be stored in a manner, which prevents entry of suspended solids into the drainage system. Storage of such materials on site may require an Environmental Permit from NRW.

Landscape Aspects The proposed site lies within the Brecon Beacons National Park, and to the north of the Blaenavon Industrial Landscape World Heritage Site and Blaenavon Landscape of Outstanding Historic Interest. It lies to the west of the Cwm Clydach Landscape of Special Historic Interest. It is our opinion that the development would not have a significant adverse landscape or visual impact on any of these designations. We agree with the applicant's assessment that there would be temporary disturbance and moderate adverse effects on the site locality. We would suggest that where possible, a 4m offset from the centre of the hedges is applied rather than 2m from the drainage ditches to the hedge face because the hedge face could vary with clipping and a 2m distance may include the root zone. The protected area should be fenced out from all works, including haul roads, soil stacking and ditches. The protected area should also include the RPAs of hedgerow trees, as described in the information. Guidance on matters within NRW remit Our comments above only relate specifically to matters that are included on our checklist, Natural Resources Wales and Planning Consultations (March 2015), which is published on our website at the following link: (https://naturalresources.wales/planning-and-development/planning-anddevelopment/? lang=en).

We have not considered potential effects on other matters and do not rule out the potential for the proposed development to affect other interests, including environmental interests of local importance. The applicant should be advised that, in addition to planning permission, it is their responsibility to ensure that they secure all other permits/consents relevant to their development. If the applicant requires guidance on matters within our remit then this can be found on our website at www.naturalresourceswales.gov.uk. We trust our representation is of assistance. However, if you have do have any queries then please contact us.

Ramblers Association Monmouth No comments received

Welsh Government Transport Department 11th Aug 2016 No objections

Welsh Government Environmental And Sustainbable Development No comments received

NP Senior Heritage Officer (Building Conservation) 25th Aug 2016

Page 51 Page 15 of 31

POLICY CONTEXT Planning Policy Wales (Edition 8: 2016): Paragraph 6.5.9 recognises the importance of protecting the historic environment and states that: "Where a development proposal affects a Listed Building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses" Brecon Beacons National Park Local Development Plan (December 2013)

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

Policy 21 Historic Landscapes `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.

ASSESSMENT The following comments are written with regard to the heritage and conservation aspects of the proposal.

The Heritage Assessment accompanying the application gives a good account of the heritage assets in the area surrounding the site. The listed buildings comprise of Llanwenarth House (grade II*) approximately 250 metres from the edge of the site; The Old House at Pentre Farm (grade II) approximately 330m from the site; and a grade II listed bridge over the Canal to the north of the site. There is also a listed signpost on the lane to the south of the site. The Assessment has also considered the proximity of the Blaenavon Industrial Landscape World Heritage Site; the Cwm Cydach Landscape of Special Historic Interest to the west; and the Blaenavon Landscape of Outstanding Historic Interest.

The Assessment provides an analysis of the setting issues in regard to the above assets. Regarding the designated built heritage, the two assets most likely to be affected in terms of setting are Llanwenarth House and the Old House at Pentre Farm. In both cases the Assessment acknowledges that there will be slight harm to the setting but that the effects are temporary. I agree with this assessment and do not wish to raise an objection provided that the landscape can be restored to an acceptable condition following the re-use of the soil as described in the application.

Conclusion No objection.

Page 52 Page 16 of 31 CONTRIBUTORS Mr Anthony Corfield, Llanwenarth Lodge Cottage, Merthyr Road

OFFICER’S REPORT Introduction The application seeks full permission for the temporary soil storage in association with the Section 2 of the A465 Heads of the Valleys Road Dualling Scheme HoV 2 Scheme). The application is necessary as it involves placing material outside of the Highways Order for the HoV 2 Scheme on land at Ty Gwyn farm. It would consist of inert material arising from the construction areas east of Saleyard and would be used as landscape fill to create an embankment over the existing A465 truck road between Saleyard and Glanbaiden when traffic is switched onto the new a465 alignment.

The material would be stored at this location until the end of 2017 with restoration of the land being completed by summer 2018.

Site Description The site comprises an irregular parcel of land of approximately 4.975ha which contains two fields to the north east of Ty Gwyn Farm buildings and east of Ty Gwyn Road. The site lies to the south east of Gilwern, south of the Clydach Gorge and the A465 and lies immediately to the south of the existing HoV 2 Scheme compound. The site comprises of agricultural grazing land which is assessed as mainly Grade 3a quality with a small area of Grade 3b. Along the boundary of the site there are hedgerows/hedgebanks and trees. There are no nature conservation designations within the site; the nearest designations are the River Usk Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI) approximately 0.8km to the north of the site. At approximately 420 metres to the south of the site lies the Blaenavon Industrial Landscape World Heritage Site and approximately 730 metres west of the site lies the Cwm Clydach landscape of Special Historic Interest.

There are no heritage assets within the site although approximately 250 metres to the south east of the site lies the Grade II* Listed Llanwenarth House, The Old House at Pentre Farm (Grade II) approximately 330m from the site and a bridge over the Brecon Canal is Grade II listed approximately 150 metres to the north east of the site. There is also a listed signpost on the lane to the south of the site.

Public Footpath 336/189/1 runs immediately to the south of the site.

A 132KV overhead electricity line crosses the northern part of the site in a west-east direction. The site is located within Flood Zone A and is not in an area at risk of flooding as identified within the Development Advice Map ( DAM) referred to in Technical Advice Note 9 TAN) 15 Development and Flood Risk. There are no water features within the site. The nearest residential properties are Ty Gwyn farm (approximately 38m to south west), Llanwenarth Barn (approximately 180 m east) and Llanwenarth Lodge (approximately 250m east).

Page 53 Page 17 of 31 Proposed Development The proposed development is for the temporary soil storage for a period of two years including restoration to agricultural grazing land. The site proposes to store 85,000 cubic metres of material up to a maximum height of 4 metres. The material would consist of the topsoil and subsoil from the fields to be stored up to 3m in height and general fill storage to be stored up to 4 metres in height. No material would be placed within the safety zone of the Overhead Power Line or within a 2 metre buffer zone of the existing bordering hedgerows/hedge banks. Access to and from the site will be gained directly to the site from two new access points which will lead to a haulage route within land part of the existing highway dualling scheme which are accessed directly off the A465. A 6 metre length of stone wall and 6 metre length of hedgerow will need to be removed to facilitate access to the site. A network of drainage ditches will be created over the site to link into a settlement pond at the north eastern end of the site. The works will be undertaken in accordance with the existing environmental management plans for the HoV 2 Scheme. These cover mitigation measures in relation to the management of air quality, contaminated land, noise, vibration, lighting and water. The restoration works include stripping and storing the top soils and subsoils and reinstating the soils to reinstate the fields to their original profile and agricultural condition, replanting the small sections of hedgerow to be removed as part of the access and reinstating the stone wall. Since the application was originally submitted the application has been amended by the submission of revised plans and proposals received on 5th September and 9th September which have reduced the extent of hedgerow to be lost, provided a biodiversity enhancement plan, following comments raised by the National Park's Planning Ecologist. A soil management plan and traffic management plan have also been submitted. The details of the proposed works and mitigation measures and monitoring schemes are fully detailed within the submitted documentation, as set out below:- Planning Supporting Statement, Design and Access Statement Heritage Assessment Ecology and nature Conservation Report Existing Vegetation Schedules Written Scheme of Investigation for an Archaeological Watching Brief Noise, Vibration and Lighting (Visual Intrusion) Management Plan Contaminated Land Management Plan (protocol for the discovery of unexpected contamination) Air Quality Management Plan Water Management Strategy Traffic Management Plan

Planning History M16093 - Reconducting of 132kv AE Line. Permitted 25.09.1998.

Policy Context Policy 1 Appropriate Development in the National Park SP1 National Park Policy

Page 54 Page 18 of 31 SP3 Environmental Protection - Strategic Policy Policy 6 Biodiversity and Development Policy 7 Protected and Important Wild Species Policy 8 Trees and Development Policy 10 Water Quality Policy 12 Light Pollution Policy 13 Soil Quality Policy 14 Air Quality Policy 17 Settings of Listed buildings Policy 21 Historic Landscapes Policy CYD LP1Enabling Appropriate Development in the Countryside Policy 58 Sustainable Drainage Systems Policy 59 Impacts of Traffic Policy SP4 Climate Change Landscape and Development (October 2014) Guidance for Sustainable Design in the National parks of Wales (October 2008)

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 Note 5 - Nature Conservation and Planning WO Circular 60/96 and 61/96

Material Considerations The main material planning considerations for a proposal of this nature are the potential impacts upon the following matters:- The principle of the development, the effects on:- the character and appearance of the area, the character and appearance of the historic landscape and listed buildings, archaeology, ecology/biodiversity and landscape features, existing soils, amenities of nearby residents, highway infrastructure and drainage, flood risk and pollution control.

Summary of Representations This application has been advertised through the erection of a site notice and a public notice in the paper as being a major development on a site having an area of 1 hectare or more and representing a departure from the Local Development Plan. One letter has been received, at the time of writing the report raising the following comments:- o Suffer from light pollution and dust from crushing within existing site office compound o The Construction Environmental Plan is not specific to application o Possible contamination of potable water

Page 55 Page 19 of 31

Appraisal

Principle of the development The proposed development relates to works required for the construction of the Heads of the Valleys 2 A465 Road Dualling Scheme which covers an 8km section of the A465 between Brynmawr and Gilwern.

The Heads of the Valleys Road Dualling Scheme of the A465 was consented under the Highways Act 1980 following a public inquiry in 2014. It is a strategic road improvement scheme programmed to provide opportunities for growth, through regenerating the area including the key settlements of Merthyr Tydfil and Ebbw Vale.

The site of the proposed development is located within the open countryside as defined in the Brecon Beacons National Park Local Development Plan. In these areas there is a presumption against development except where there is a defined essential need for a countryside location as set out in Strategy Policy CYD LP1. There is no provision for the proposed development within this policy.

However, notwithstanding the above, the strategy and policy section consider that there is a case to be made to enable the proposed development as a departure to the development plan for the following reasons:- o The proposed development is necessary and essential to the successful completion of the consented works to the A465 dualling scheme. o The proposed development is temporary in nature, and will not have a long lasting impact on the quality of the landscape, which policy CYD LP1 seeks to control.

Accordingly, strategy and policy raise no objection to the proposed development but advise that as the scheme is a departure from the development plan it should be advertised as such. This was undertaken on 4th August. It is therefore considered that the principle of the development is acceptable.

The effect 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, 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.

The impact of the proposed development upon the landscape and its visual effects has been assessed within the accompanying documentation. The base line of the assessment is the consented works of the Heads of the Valleys 2 Scheme. The assessment recognises that there will be some temporary adverse landscape effects during the

Page 56 Page 20 of 31 works, due to the area of disturbance of the road scheme being increased, however the effects would be limited to the local area and once the site is restored to its original condition there would be no additional permanent long term effects.

In terms of visual effects, the assessment considers that the significance of the effects would remain as stated in the Environmental Statement which accompanied the HoV 2 scheme, apart from views from some sections of the existing public footpath which runs to the south of the site where effects are stated to be increased to a temporary minor to moderate adverse effect. Other views would be available from the canal towpath to the north of the site (although these would be filtered by existing vegetation) and from LLanwenarth Barn, Llanwenarth Lodge and House. The significance of views from these local receptors are stated to remain as temporary moderate adverse effects.

Following the restoration of the site the landscape and visual impact is assessed as neutral. NRW agree with the applicant's overall landscape and visual assessment.

The mitigation measures submitted to accompany the application, including the reinstatement of the hedgerow and stone wall, hedgerow and tree protection, agricultural restoration and a five year aftercare scheme should ensure that the proposed development would not be detrimental to the rural character and appearance of the site and the existing landscape.

It is considered that whilst there would be a moderate adverse effects within the vicinity of the site this would be a temporary disturbance and the development is therefore compliant with the LDP.

Impact on the character and appearance of the historic landscape and listed buildings PPW recognises the importance of protecting the historic environment and states at Para 6.5.9 that: Where a development affects a Listed Building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses" which reflects Section 66 of the Planning (Listed Building and Conservation Areas) Act 1990 (as amended). Policy 17 of the LDP states that development proposals which would adversely affect the setting of a listed building will not be permitted. 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.

The Heritage Officer (Building Conservation) has considered the application and has advised that the Heritage Assessment accompanying the application provides a good account of the heritage assets in the area surrounding the site. The Assessment has also considered the proximity of the Blaenavon Industrial Landscape World Heritage Site; the Cwm Clydach Landscape of Special Historic Interest to the west; and the Blaenavon Landscape of Outstanding Historic Interest. The Assessment provides an analysis of the

Page 57 Page 21 of 31 setting issues in regard to the above assets concluding that the proposed development would have a negligible effect. Regarding the designated built heritage, the two assets most likely to be affected in terms of setting are Llanwenarth House and the Old House at Pentre Farm. In both cases the Assessment acknowledges that there will be slight harm to the setting but that the effects are temporary.

The Heritage Officer (Building Conservation) agrees with this assessment and raises no objection provided the landscape can be restored to an acceptable condition. NRW have advised that that the development would not have a significant adverse landscape or visual impact on any of the above designations.

It is therefore concluded that subject to the imposition of conditions to secure the restoration of the site the proposed development would not detrimentally harm the setting of the nearby listed buildings or the adjacent historic landscapes and as such is considered to comply with policies 17 and 21 of the LDP along with guidance set out in PPW and Circular 61/96.

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.

Policy SP3 f) requires all proposals for development or change of use of land or buildings in the National Park to demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of … archaeological features.

The National Park's Heritage Officer (Archaeology) has commented on the application as provided in full above. In summary, it is considered that the Heritage Assessment properly addresses the archaeological and landscape context of the site. The assessment also acknowledges the potential for a site of this scale to contain previously unrecognised archaeological features. The proposed Written Scheme of Investigation for the proposed Watching Brief, in the form of a controlled strip and map of the area to be undertaken during ground works, followed by fencing off and excavation of any exposed remains, is considered reasonable subject to some amendments. These amendments have now been submitted to the approval of the National Park's Heritage Officer (Archaeology).

It is therefore considered that subject to the imposition of a condition to secure the approved watching brief 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.

Page 58 Page 22 of 31 Impacts on ecology/biodiversity and landscape features The accompanying ecological report shows that the fields the subject of this application are improved grassland and are of limited botanical interest and the bordering hedgerows provide habitat for smaller mammal species and farmland birds.

The existing hedgerows and mature trees which form the boundaries of the site form an important landscape feature and contribute to the rural character of the area. Some of the hedgerows are intact and regularly cut whilst others are gappier and have become quite tall, others have stone walls or remains of walls at the base.

Since the original submission, the applicant has amended the proposals to reduce the amount of hedgerow loss for access purposes within a Hedge identified as Hedge S3. The scheme also includes the implementation of a 2 metre buffer zone from the edge of the hedgerows (which is 2.5 metre from the centreline of the hedges) in order to avoid damage to root protection areas and the reinstatement of the Hedge S3 and the stone wall following completion of the works.

Following a request for biodiversity enhancement, the applicant has subsequently submitted a scheme to include the supplementary planting of native-species hedgerow where there are gaps in the existing hedgerow and the installation of stock-proof fencing to protect the bases of the hedgerows from damage by stock.

The National Park's Planning Ecologist has welcomed the ecological report, the reduction in hedgerow loss and the submitted biodiversity enhancement scheme. LLanelly Community Council have expressed concern regarding the potential for further loss of hedgerows for the proposed haul routes. The applicant's agent has confirmed that vegetation removal for the haul routes has already been considered and undertaken between fields within the consented HoV 2 Scheme and that these will be replaced with new hedgerow planting as part of the approved scheme. The access into the site from Hedge 21 will utilise an existing gap and field access.

In terms of the potential impact on the River Usk SSSI and SAC, the application site is over 800 metres away, but is only just over 100 metres from the Baiden Brook which is a tributary of the River Usk. The National Park's Planning Ecologist has advised that adherence to the submitted management schemes including the surface water drainage scheme, the Air Quality Management Plan and the Contaminated Land Management Plan should ensure that there would be No Likely Significant Effects on the River Usk SAC as a result of the development proposals.

The National Park's Planning Ecologist has raised no objections subject to the imposition of conditions to secure adherence to the submitted Ecology and Nature Conservation Report, the Air Quality and Contaminated Land Management Plans, implementation of the full restoration scheme, the biodiversity enhancement Plan and details of any external lighting.

The National Park's Arboriculturist has advised that whilst a separate tree survey report

Page 59 Page 23 of 31 has not been submitted, the trees present on site are listed in a tree survey schedule within the Existing Vegetation Schedule document, dated June 2016 and the tree locations of the trees listed in the tree schedule are shown within the Landscape Design Plan (drawing no. HOV2-TGF- 005, Rev. P1.1, dated 14/07/16). There is only one large mature tree within the site boundary, identified as T104 (Ash) and no soil storage is to be undertaken in its immediate vicinity. The National Park's Arboriculturist has raised no objection subject to a condition to secure tree protection fencing.

Natural Resources Wales have raised no objection on ecological matters in relation to this application and in terms of landscape aspects have recommended the fencing of the protection area for the hedgerows and hedgerow trees.

It is therefore considered that ecological, biodiversity and landscape issues within the proposed development can be appropriately accommodated by the imposition of appropriate conditions as set out above. The proposed development is therefore considered to be consistent with policies SP3, policies 3, 4, 5, 6, 7 and 12 of the Local Development Plan as well guidance set out in PPW.

Existing Soils Policy 13 of the LDP requires development proposals to demonstrate adherence to the sustainable use of soils to ensure that soils are maintained and improved during and post construction.

The submitted documentation shows that the site comprises mainly of Grade 3a land, of soils which are well drained over a stony substrate. There is an average of 25cm of topsoil across the site. The site comprises part of Ty Gwyn Farm which is a sheep grazing farming enterprise.

The proposals provide for the reinstatement of the site to its original profile for agricultural purposes. Prior to any storage of materials the top soils and subsoils would be stripped, stored and replaced to the same depth of 0.25metres and 0.20 metres respectively. Following restoration of the soil materials the land would be cultivated, seeded with an appropriate agricultural grassland mix and maintained for a five year aftercare period.

As the site includes best and most versatile agricultural land classification Grade 3a, advice has been sought from the Welsh Government Agricultural Land Use Officer. Welsh Government (Agricultural Land Use) have advised that there is a need to ensure that the top soils and subsoils are stripped from the site and stored separately to those imported, and the location and volume are documented in accordance with the MAFF Good Practice Guide for Handling Soils Sheets 1 and 2. In addition, the original stone base material will need to be comprehensively ripped before replacing the soils to ensure compaction is relieved and natural free drainage is not impeded. A comprehensive list of matters have been recommended to be inserted as conditions to any consent issued.

Page 60 Page 24 of 31 It is therefore considered that whilst there would be temporary loss of the best and most versatile agricultural land during the temporary storage period, the site should be able to be satisfactorily restored with a five year period of aftercare to ensure that the land is returned to its former agricultural use. Subject to the imposition of conditions to secure appropriate mitigation, the proposed development would be compliant with Policy 13 of the LDP.

A planning condition should also be imposed to ensure that the restoration scheme is implemented in full.

Impacts on amenities of nearby residents 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 in the countryside and approximately 38 metres north east of the nearest residential property of Ty Gwyn Farm, Llanwenarth Barn (approx. 180 m east) and Llanwenarth Lodge (approx. 250m east). The proposed development therefore has the potential to have an effect on nearby residential amenity.

Whilst the proposed development does bring the storage of materials closer to additional residential properties, there are a number of management schemes which, whilst not specific to the proposed development, relate to all the works associated with the whole dualling scheme regarding noise, vibration and lighting and air quality. These show that the operations will be controlled to reduce such effects within acceptable parameters.

The submitted management schemes include the following measures:- o Hours of working would be 07:30 to 19:00 Monday to Friday, 08:00 to 13:00 Saturdays, 09:00 to 13:00 on Sundays for delivery and unloading to site compounds, (which are directly accessed off the A465) all excluding all public holidays o Any "out of hours" working will be sought from Monmouthshire CBC giving at least 7 days notice and local residents informed o Work not to exceed noise levels as agreed under HoV 2 scheme by Monmouthshire CBC o Noise, air quality and light monitoring o Air quality mitigation measures to minimise generation of dust - which includes measures for handling, storage and disposal of materials o Community engagement during the works o Complaints procedure

In respect of nearby residential amenity, concern has been raised by LLanelly Community Council that the existing road works are not complying with the existing

Page 61 Page 25 of 31 approved working practices regarding noise, vibration and lighting, there is insufficient water to manage dust, subcontractors not adhering to times of working and noise level restrictions and that no crushing or screening should take place within these new storage areas. A local resident has also raised concern about light pollution and that the Construction Environmental Plan is not specific to the application.

The applicant's agent has confirmed that the site will be treated as a priority area in relation to the provision of water supply for dust control, the site will not be used for crushing, no exceedances of noise limits have occurred on the overall scheme and that all working outside normal permitted hours have been undertaken by formal agreement with Monmouthshire Environmental Health Officer with public notification.

The existing Heads of the Valleys 2 Dualling Scheme is overseen by Welsh Government and the relevant environmental health and drainage bodies for the land affected by the works. BBNP have no jurisdiction in relation to these matters.

In respect of this application, no objections have been received from Welsh Government Transport Division. The concerns raised above have been brought to the attention of Monmouthshire County Council Environmental Health Officer and Drainage Section who have raised no objections. The Environmental Health Officer has confirmed that the working hours should meet the same as those adopted for the rest of the HoV Scheme, apart from any operations outside the agreed working hours consented (for a six month period at a time) under Section 61 of the Control of Pollution Act 1974. The submission of the air quality management plan has also been noted.

In conclusion, whilst the schemes submitted are general to the overall dualling scheme, they show how the proposed operations would be controlled to acceptable levels. As no objections have been raised from the Environmental Health Officer of Monmouthshire CBC, it is considered 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. No provision is proposed for external lighting within the proposed development and therefore light pollution is not a relevant issue at present. However, a condition is recommended to be imposed to require a scheme of external light should it be necessary, for the prior written approval of the local planning authority.

Subject to the imposition of appropriate conditions the development is therefore considered acceptable in terms of residential amenity.

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 materials to be stored on the site will be transported via access points at the

Page 62 Page 26 of 31 eastern and western ends of the site adjacent to the existing HoV 2 scheme works compound area. A designated haul route has been incorporated within the existing Heads of the Valleys 2 scheme boundary between Saleyard and Gilwern to access the site which will reduce the number of vehicle movements along the public highway and traffic congestion on the existing A465 trunk road.

The access point at the western end of the site would cross Ty Gwyn Lane where appropriate traffic management measures would be put in place in order for vehicles to reach the main compound at Gilwern. This should ensure the safety of vehicles and pedestrians using this road.

A public footpath runs to the south of the site, however, there would be no effects on the use of this footpath. Welsh Government Transport Division have raised no objection or comment on the application.

Monmouthshire County Council Highways Development Control have been consulted on the application and have raised no objection to the proposed development. This is based on the submitted information which shows use of temporary haul roads directly off the existing works area off Ty Gwyn Road to minimise disruption to road users. The works are also not likely to exceed the hgv movements currently experienced within the existing road dualliing works.

It is therefore considered that the proposed development would not lead to a detrimental impact on the existing highway infrastructure or on highway safety and complies with policy SP17 and policy 59 of the LDP subject to the imposition of a condition to secure the required traffic management measures.

Impacts on drainage, 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.

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.

The proposed development is not located within an area at risk of flooding. Surface water is proposed to be secured by sustainable drainage systems which include the provision of drainage ditches across the site leading to a settlement pond located in the north-east corner to control surface water and sediments.

Llanelly Community Council have raised concern regarding the adequacy of the drainage measures and its compliance with Policies within the LDP concerning sustainable drainage and water supply. Whilst these concerns are noted, the proposed works would be implemented in accordance with the existing environmental management

Page 63 Page 27 of 31 measures which are being implemented as part of the Heads of the Valleys 2 Scheme.

The Water Management Strategy Plan, includes measures to manage surface water run- off and to protect watercourses and follows standard guidance. The applicant's agent has advised that in storm conditions additional silt net fencing would be installed to retain suspended solids/sediment. Works would not be likely to impact on the nearby spring as the topography of the land is falling away to the north and the nearest properties lie to the east and south.

The Contaminated Land Management Plan identifies the steps to be adopted if potentially contaminated land or materials is discovered, although the material to be stored will be inert. NRW have raised no objections to this management plan and have some recommendations regarding the storage of any suspected contaminated material. No objections have been received in relation to the proposals from NRW nor Monmouthshire Drainage Section.

It is therefore considered that the drainage provisions, flood risk and pollution control of the proposed development, subject to the imposition of conditions, are considered to comply with policy 56 of the LDP, and PPW.

Conclusion It is considered that the proposed temporary development would not have a significant detrimental impact upon the main material considerations as set out above. It is considered that the application complies with policies of the LDP, PPW and relevant guidance and should be approved subject to the recommended conditions. RECOMMENDATION: Permit, subject to the following conditions:-

RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development hereby permitted for the temporary storage of material shall cease no later than 31.12.2017. 2 No later than 30.09.2018 the site shall be fully restored to agricultural purposes in accordance with the submitted restoration details and restoration scheme as approved in accordance with Conditions 3, 4, 8 and 9 below. 3 The development shall be carried out in all respects strictly in accordance with the approved plans [Drawing nos. NP1v1 (Drwg HOV2-TGF-001), NP2v2 Drwg No HOV2-TGF-002 Rev PO3), NP3 v2 (Drwg HOV2-TGF-005 Rev PO3), NP4v1 (Drwg HOV2-TGF-003 Rev P1.1), NP5v1 (Drwg HOV2 - TGF-004 Rev PO1), NP6v1 (Drwg HOV2-TGF-004 Rev PO1), NP7v1 (Drwg HOV2-TGF-004 Rev PO1), NP8v1 (Drwg HOV2-TGF-004 Rev PO1) unless otherwise agreed in writing by the Local Planning Authority. 4 The development hereby permitted shall be carried out fully in accordance with the recommendations in the submitted documents, Water Management Strategy

Page 64 Page 28 of 31 dated October 2014 Land Use and Recreation Technical Report dated June 2016, Planning Supporting Statement , Design and Access Statement, Contaminated Land Management Plan (Protocol for the discovery of unexpected contamination) dated December 2014, Air Quality Management Plan dated November 2014, Noise, Vibration and Lighting (Visual Intrusion) Management Plan dated November 2014 and Section 4.3 of the Ecology and Nature Conservation Report dated June 2016. 5 There shall be no screening, crushing of material within the site at any time, unless otherwise approved in writing by the Local Planning Authority. 6 No operations within the site shall be carried out other than in accordance with the following times, unless otherwise agreed in writing with the Local Planning Authority:- o 07:30 to 19:00 Monday to Friday o 08:00 to 13:00 Saturdays o No operations other than environmental monitoring and water pumping at the site shall take place on Sundays or bank/public holidays 7 Prior to the commencement of the development hereby permitted, a scheme shall be submitted for the written approval of the Local Planning Authority for the storage of any contaminated material within a fully bunded area and the prevention/management of spillages of fuel/oil from vehicles, equipment and machinery used in association with the development herby permitted. The development shall be carried out in accordance with the approved details. 8 No external lighting shall be installed until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with wildlife corridors and shall be implemented as approved. 9 Prior to the commencement of the development hereby permitted a method statement for the stripping, full retention and storage of soils to include full details of the position, volume and soil type of stored soils, the reuse of the soils, treatment of soil storage areas, and full agricultural restoration details shall be submitted for the written approval of the local planning authority. The development shall be carried out fully in accordance with the approved details. 10 The site shall be subject to a five year aftercare period. All planting and seeding comprised in the approved details of landscaping and restoration (shown within plans NPNP3v2 and Para's 5.3.6 and 5.3.7 of the Design and Access Statement) , and the reinstatement of the stone wall ( as stated in Para 5.3.8 of the Design and Access Statement ) shall be carried out in the first planting and seeding seasons following the cessation of storage on the site. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. 11 A five year agricultural aftercare scheme to ensure good establishment shall be submitted to and approved in writing by the Local Planning Authority, at least three months before the spreading of any subsoil commences. Following the implementation of the approved scheme, a report confirming adequate installation shall be submitted to the Local Planning Authority. 12 Prior to any works commencing on site, the installation of the protective fencing

Page 65 Page 29 of 31 is to be carried out for all the existing hedgerows on the existing filed boundaries within the site to provide at least a 2 metre buffer zone. The tree shown as T104 (Ash) on approved plan NP2v2 is to be fenced off at a 15m distance from the tree, in accordance with the protective tree fencing specification as set out in section 6.2 and Figure 2 of the 'British Standard 5837 : 2012 - Trees in relation to design, demolition and construction - recommendations'. No materials, plant or machinery shall be stored within the protective fencing of the existing hedgerows and trees on the existing field boundaries within the site. The protective fencing shall remain in place for the duration of the permission hereby permitted. 13 The development shall be carried out in accordance with the submitted Traffic Management Plan for Ty Gwyn Road Crossing dated 19 September 2016, unless otherwise approved in writing with the Local Planning Authority. 14 The developer will ensure that a suitably qualified archaeological contractor is present during the undertaking of any ground works in the development area, so that an archaeological watching brief can be maintained. The archaeological watching brief will be carried out in accordance with the approved written scheme of investigation. The Local Planning Authority must be informed at least 2 weeks prior to the commencement of the development of the name of the archaeological contractor appointed to undertake the Watching Brief. A copy of the Watching Brief report shall be submitted to the Local Planning Authority, the National Park Archaeologist and the local Welsh Archaeological Trust for inclusion in the Regional Historic Environment Record (HER).

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure a satisfactory form of development that enhances the quality of the environment. 3 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 4 To ensure adherence to the approved documents in the interests of a satisfactory form of development and the environment. 5 In the interests of environmental amenity and to safeguard the amenity of local residents 6 To safeguard the amenity of local residents. 7 In the interests of the environment and prevention of water pollution. 8 In the interests of environmental amenity and to comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the 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 9 To ensure the stripping, storage and replacement of soils is carried out in accordance with best practice and in the interests of the satisfactory restoration

Page 66 Page 30 of 31 of the site. 10 In the interests of the satisfactory restoration of the site. 11 In the interests of the satisfactory restoration of the site. 12 To protect the rooting area of the hedgerows and tree from any possible damage caused during the proposed works. 13 In the interests of highway safety. 14 To ensure that any remains of archaeological significance disturbed in the course of the work are excavated, recorded and reported

Informative Notes:

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APPLICATIONS DELEGATED TO THE NATIONAL PARK OFFICERS

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

14/11355/REM N: 234222 BS Estates Ltd for Proposed Residential Permit 8 September Delegated E: 315405 Development Comprising 27 No. Units 2016 Decision and Associated Infrastructure and Landscaping. (Approval of Reserved Matters) at Land North Of Doctor's Surgery, Talgarth, Brecon Powys LD3 0AR

16/13183/FUL N: 215863 Mr Pompeo And Katherine Casa for Permit 12 August Delegated E: 324738 Conversion of the existing garage to a subject to 2016 Decision residential annex for the existing Section dwelling "Autumn View" (Full 106 Application) at Autumn View, Lower Agreement Common, Gilwern Sir Fynwy NP7 0EE

16/13214/LBC N: 228657 Mr T Van Rees for Internal works to Permit 23 August Delegated E: 304447 facilitate conversion of first and second 2016 Decision floors to three flats. Replacement of ground floor (north side elevation) window with door. Full planning permission (16/13213/FUL) also submitted. (Listed Building Consent) at 29 High Street Superior, Brecon, Powys LD3 7LE

16/13361/FUL N: 228707 JD Wetherspoon PLC for Change of Permit 25 August Delegated E: 304495 Use from existing C1 hotel to A3 public 2016 Decision house. New single storey side extension and kitchen extract/cooling equipment. New opening to side and widening of side gate. Listed Building Consent 16/13362/LBC also submitted. (Full Application) at George Hotel , George Street, Brecon Powys LD3 7LD

16/13369/LBC N: 225121 Mr & Mrs Richard & Sarah Price for Permit 11 August Delegated E: 309213 Internal alterations to the existing 2016 Decision house. Replacement slate roof, replacement of windows and removal of single storey rear projection to south elevation. Replacement of cat slide dormer to existing ground floor western projection with pitched gable. (Listed Building Consent) at Menascin, Pencelli, Brecon Powys LD3 7LX

16/13490/CON N: 217510 Rhiannon Davies for Variation of Permit 25 August Delegated E: 308049 condition 2 of development of Barn to 2016 Decision form self-contained dwelling (P17291) (Variation/Renewal of Conditions) at Abercynafon Farm, Talybont-On-Usk,

Page 69 Brecon Powys LD3 7YT

16/13525/LBC N: 217420 Mrs Beryl Evans for Conversion of Permit 8 August 2016 Delegated E: 320843 adjacent barn/outbuilding to residential Decision accommodation together with renovations and minor amendments to the existing house (Listed Building Consent) at Pen-y-pentre, Llangattock, Crickhowell Powys NP8 1LD

16/13532/LBC N: 242604 Ms Mandy Houghton for The installation Permit 9 August 2016 Delegated E: 322994 of three new windows and one Decision doorway, replacing one existing window and a fire exit door. (Listed Building Consent) at The Globe , Newport Street, Hay-On-Wye HR3 5BG

16/13539/FUL N: 217410 Mr James Roberts for New build stabling Permit 9 September Delegated E: 330164 facilities; housing up to 3no. horses with 2016 Decision a tack room/feed store and area of hardstanding proposed in front of stabling to allow car and horse box access. (Full Application) at Triley Court Nursing Home , Old Hereford Road, Pantygelli NP7 7HR

16/13561/LBC N: 228547 Mr Mark James for Remove partition Permit 8 August 2016 Delegated E: 304853 wall between pantry and kitchen Decision Replace tile flooring with limestone flagstones Replace UPVC kitchen door with wooden door Install 3 conservation style rood windows in kitchen roof Remove cast iron fireplace surround in "Middle" reception room to create open fireplace (Listed Building Consent) at 7 Camden Road, Brecon, Powys LD3 7BU

16/13570/REM N: 229974 Mr John Powell for Approval of Permit 6 September Delegated E: 277266 Reserved Matters (Approval of Reserved 2016 Decision Matters) at Site Adjoining Old Smithy, Myddfai, Llandovery Carmarthenshire SA20 0NX

16/13579/FUL N: 213702 Mr Robert Eyre for Proposed rear single Permit 17 August Delegated E: 326516 storey extension and raised patio and 2016 Decision steps (Full Application) at 7 Station Road, Govilon, Monmouthshire NP7 9RG

16/13577/FUL N: 217872 Mr Rory O'Connell for Proposed two- Permit 23 August Delegated E: 320942 storey extension to the rear of the 2016 Decision property. Proposed single-storey extension to the rear and side of the property. The introduction of dormer rooflights. (Full Application) at The

Page 70 Former Rectory , Llangattock, Crickhowell NP8 1PH

16/13589/LBC N: 216276 Mr & Mrs John Glyn and Susan McAdam Permit 9 August 2016 Delegated E: 323994 for 1. Change of cowl and installation of Decision metal liner within the existing chimney flue. 2. Installation of extra bathroom facilities in the attic with new lighting and insulation. (Listed Building Consent) at White Hall , Glangrwyney, Crickhowell NP8 1EW

16/13616/FUL N: 233931 Mrs Michelle Bevan for Change of use Refuse 5 September Delegated E: 315375 from B1 to A1 (Full Application) at Unit 2016 Decision 5, Talgarth Workshops, Bronllys Road Talgarth Brecon Powys Reason/s for refusal:- Insufficient information has been submitted in order to illustrate that the loss of existing general employment land is acceptable and complies with the criteria of Policy 37 of the Brecon Beacons National Park Local Development Plan.

16/13623/FUL N: 218335 Mr Nigel Rowe for Erection of 24m x Permit 1 September Delegated E: 321743 6m Marquee with apex height of 3.7m in 2016 Decision rear garden on a temporary basis (Full Application) at The Dragon Inn, High Street, Crickhowell Powys NP8 1BE

16/13627/ADV N: 228528 Father Steven Griffith for There are Permit 24 August Delegated E: 304521 3no. existing notice boards on the 2016 Decision church building. One at the north entrance and two adjacent to the west end of the north aisle. All 3no. existing notice boards are tired and in need of replacement/ overhaul. The proposal is to have 2no. new stainless steel proposed notice boards with etched writing depicting the name of the building and the opening times. The proposed notice boards are to be located at the north entrance and the south porch entrance. One of the notice boards at the west end of the north aisle is to be overhauled and the other one located at the west end of the north aisle is to be replaced like for like. (Application to Display Adverts) at St Mary's Church, St Marys Street, Brecon LD3 7AA

16/13628/REM N: 213955 Mr C Holborow for Reserved matters Permit 15 August Delegated E: 273425 application, with details relating to 2016 Decision layout, scale, appearance and landscaping (pursuant to planning permission 13/08916/OUT for 2 dwellings). (Approval of Reserved Matters) at Land adjoining Min y Mynydd , Cwmgarw

Page 71 Road, Rhosaman Rhosaman Carmarthenshire

16/13634/FUL N: 212132 Mr And Mrs M 'O'Brien for Proposed Permit 16 August Delegated E: 322464 Garage Extension and Replacement of 2016 Decision Roughcase Render External Finish of Dwelling and New Extension with a Spar Finish (Full Application) at 3 Penallt Estate, Llanelly Hill, Monmouthshire NP7 0RA

16/13647/REM N: 213936 Mr Mark Jones for One residential Permit 10 August Delegated E: 273533 dwelling (seeking consent for access into 2016 Decision site from Cwmgarw Road, appearance of new dwelling and scale, landscaping and boundary treatments) (Approval of Reserved Matters) at Land Adjoining Erw Lon, Cwmgarw Road, Rhosaman SA18 1DP

16/13656/FUL N: 215065 Mr Ian Morgan for Erection of a single- Permit 18 August Delegated E: 325498 storey building ancillary to the existing 2016 Decision operation at Northern Automotive Systems Ltd. (Full Application) at Unit C and D Gilwern Park Industrial Estate , Ty Mawr Road, Gilwern NP7 0EB

16/13661/FUL N: 214037 Mr And Mrs Thomas for Two storey Permit 11 August Delegated E: 326599 extension to the rear of the house 2016 Decision replacing a single storey structure in the same location (Full Application) at Larch Cottage, Mill Lane, Govilon Monmouthshire NP7 9SA

16/13664/DISC N: 213540 Mr And Mrs Clarke for Discharge Permit 11 August Delegated ON E: 323819 Conditions 4, 6 and 7 purusant to 2016 Decision Planning Application 15/13017/FUL - Construction of new residential annex to the existing house. (Approval of details reserved bycondition) at Dan Y Lan Farm, Twyn-Wenallt, Gilwern Monmouthshire NP7 0HP

16/13682/DISC N: 217505 Brownfield Green Ltd for To discharge Split 10 August Delegated ON E: 330171 pre commencement conditions and Decision 2016 Decision notice of commencement of strip out Discharge works pursuant to planning permisison Conditions 12/08573/FUL( Only Conditions 4, 11, 12 and 15 discharged, 5, 7, 8, 14 still outstanding) (Approval of details reserved by condition) at Triley Court Nursing Home, Old Hereford Road, Pantygelli Abergavenny NP7 7HR

16/13680/ADV N: 228601 Mr Mark Fryer for 2 x Fascia and 1 x Permit 10 August Delegated

Page 72 E: 304586 Projecting Sign (Application to Display 2016 Decision Adverts) at 14-15 Bethel Square, Brecon, LD3 7BA

16/13684/DISC N: 217505 Brownfield Green Ltd for To discharge Split 10 August Delegated ON E: 330171 pre commencement conditions and Decision 2016 Decision notice of commencement of strip out Discharge works pursuant to listed building Conditions consent 12/08574/LBC (Approval of details reserved by condition) at Triley Court Nursing Home, Old Hereford Road, Pantygelli Abergavenny NP7 7HR

16/13685/FUL N: 228131 Mr Peter Orton for Single storey side Permit 17 August Delegated E: 305489 extension (Full Application) at 10 Cwrt 2016 Decision Y Camden, Brecon, LD3 7RR

16/13699/DISC N: 220677 Mr Graham Norton for Discharge Permit 22 August Delegated ON E: 329189 conditions 5 and 6 pursuant to Planning 2016 Decision Application M21301 - Proposed conversion of existing barn to two bedroom dwelling (Approval of details reserved by condition) at Springett Barn, Coalpit Farm, Fforest Coalpit Abergavenny NP7 7LL

16/13697/FUL N: 233778 The Co-operative Group for The Permit 19 August Delegated E: 315482 installation of new condensers and 2016 Decision acoustic screen. (Full Application) at The Co-operative , Hay Road, Talgarth LD3 0BW

16/13701/FUL N: 232188 Miss Sarah Maliphant for Change of use Permit 22 August Delegated E: 325195 of building from ancillary residential 2016 Decision accommodation to enable either self- catering holiday accommodation or serviced holiday accommodation (Full Application) at Trwyn Tal, Capel-y-Ffin, Nr Abergavenny Powys NP7 7NP

16/13703/FUL N: 228570 Mrs Penelope Weston for A single Permit 17 August Delegated E: 304205 storey extension to the original house, 2016 Decision by providing a ground floor WC, an additional window to the rear of the kitchen, and appropriate insulation to the walls and ceilings (Full Application) at 9 Bridge Street, Llanfaes, Brecon Powys LD3 8AH

16/13700/FUL N: 216606 Mr & Mrs Clive Owen for Replacement Permit 19 August Delegated E: 284846 outbuilding (Full Application) at 10 Heol 2016 Decision Callwen, Penycae, Swansea SA9 1GR

16/13705/DISC N: 220600 Mr Harry Adshead for Discharge Refuse 24 August Delegated ON E: 270548 Condition 4 Pursuant to Planning 2016 Decision

Page 73 Permission 15/12906/FUL (Approval of details reserved bycondition) at Pantydderwen , Gwynfe, Llangadog Carmarthenshire SA19 9RP Reason/s for refusal:- The information that has been submitted does not comply with the requirements of the planning condition. In order to comply with the planning condition, it would probably be advisable for the applicant to get his ecological consultant to inspect the site and provide a new Method Statement.

16/13722/FUL N: 217080 Mr R Stratford for Extension & Refuse 25 August Delegated E: 264677 Alteration to Outbuilding to Provide 2016 Decision Ancillary Accommodation (Full Application) at Coel Bren, Llandyfan, Ammanford SA18 2TY

Reason/s for refusal:- The proposed development, by reason of its size, scale and level of accommodation proposed will result in a detrimental impact on the character and appearance of the host dwelling and would not be subordinate to the host dwelling. The development is therefore contrary Policies 1(i) and 27 (a) of the Local Development Plan 2013.

16/13733/FUL N: 227906 Mr Ralph Goddard for Construction of Permit 9 September Delegated E: 303116 industrial shed annexed to unit 12A (Full 2016 Decision Application) at Unit 12A, Ffrwdgrech Industrial Estate, Brecon Powys LD3 8LA

16/13725/FUL N: 228547 Mr Mark James for To install 3 Permit 1 September Delegated E: 304853 conservation style roof windows into 2016 Decision the roof of the single storey rear kitchen (Full Application) at 7 Camden Road, Brecon, Powys LD3 7BU

16/13727/FUL N: 221911 Mr & Mrs I E Mitchell for The Permit 16 August Delegated E: 328267 replacement of a dilapidated corrugated 2016 Decision metal shed with a new log store with bat loft over. (Full Application) at Gwern Y Bustach , Forest Coal Pit, Abergavenny NP7 7LT

16/13730/FUL N: 222265 Mr Steven Evans for Improvement of Refuse 31 August Delegated E: 293151 access gate and access driveway to barn 2016 Decision and house (Full Application) at Wern Fawr Barn, Heol Senni, Brecon Powys LD3 8SU Reason/s for refusal:- The information submitted in support of this application does not provide justification to demonstrate that the loss of agricultural land is either necessary or essential. It is therefore considered that the development is contrary to the provisions of Policy SP1 and CYD LP1 of the Brecon Beacons National Park Local Development Plan 201. The scale and design of the access track results in an incongruous feature being added to a countryside location, which is uncharacteristic and detracts from the character and appearance of the wider area. The application is therefore considered to be contrary to Policy 1 (i) of the Local Development Plan 2013. The ecological information submitted in support of this application is not considered to be sufficient. The proposed development does not therefore comply with the requirements of Policies 6 and 7 of the Brecon Beacons National Park Local Development Plan 2013.

Page 74 The level of detail provided to satisfy highway safety is insufficient. The proposed development is thus not compliant with Policy 59 of the Brecon Beacons National Park Local Development Plan 2013.

16/13731/FUL N: 222265 Mr Steven Evans for Small store shed/log Permit 1 September Delegated E: 293151 store (Full Application) at Wern Fawr 2016 Decision Barn, Senni, Brecon Powys LD3 8SU

16/13732/FUL N: 214654 Jill Bevan for Retention of two storey Permit 16 August Delegated E: 325208 gable end extension and single storey 2016 Decision rear extension. (Full Application) at 2 Crossroads Cottages, Abergavenny Road, Gilwern Monmouthshire NP7 0AB

16/13734/FUL N: 226111 Mr Paul Lewis for To tile my Permit 1 September Delegated E: 299447 conservatory roof in Tapco grey pewter 2016 Decision lightweight tiles on existing polycarbonate roof. (Full Application) at 11 Pen Y Fan Close, Libanus, Brecon LD3 8EJ

16/13742/FUL N: 228791 Colin Treanor for Removal of existing Permit 5 September Delegated E: 292224 chimney and repairs to roof. (Full 2016 Decision Application) at Bradford House , High Street, Sennybridge Brecon LD3 8PG

16/13743/FUL N: 233771 Wye And Usk Foundation for Change of Permit 8 September Delegated E: 315487 use Bank Premises to sui generis plus 2016 Decision minor modifications to parapet Walls and New Signage (Full Application) at Nat West Bank, Bronllys Road, Talgarth Brecon Powys LD3 0BW

16/13755/FUL N: 229644 Dr Alan Bloss for Retrospective Retrospect 30 August Delegated E: 297100 permission for insertion of a velux ive 2016 Decision window into the sloping roof of a rear Application ground floor utility room (Full Permitted Application) at 2 Pentrebach Cottage, Trallong, Brecon Powys LD3 8HS

16/13761/FUL N: 228016 Mrs Helen Fraser for Erection of a 2 Permit 6 September Delegated E: 292537 Storey Extension, including 1 storey 2016 Decision toilet block, demolition of existing toilet block and rear entrance lobby (Full Application) at The Old Yew Tree, Defynnog, Brecon Powys LD3 8SB

16/13763/FUL N: 220445 Mr Steve Booker for Single storey, flat Permit 30 August Delegated E: 323860 roof garden shed/outbuilding. (Full 2016 Decision Application) at Henberllan, Llanbedr, Crickhowell Powys NP8 1SR

16/13767/DISC N: 219711 Mr Karl And Mrs Martine Wills for Permit 1 September Delegated

Page 75 ON E: 316564 Submission of details pursuant to 2016 Decision Condition 7 (schedule of materials) of Planning Permission 16/13125/FUL approved 20/4/16. (Approval of details reserved bycondition) at Brook Cottage, Cyffredyn Lane, Llangynidr Crickhowell Powys NP8 1LR

16/13777/FUL N: 219286 Mr Leonard Spooner for Two storey Permit 8 September Delegated E: 315313 side extension & alteration of rear roof 2016 Decision plane pitch (Full Application) at Wesley Cottage , Duffryn Road, Llangynidr Crickhowell NP8 1NT

16/13779/FUL N: 219714 Mr & Mrs Karl & Martine Wills for Permit 31 August Delegated E: 316566 Demolition and rebuilding of part of 2016 Decision main dwelling and replacement of stables with new office and store (Full Application) at Brook Cottage , Cyffredyn Lane, Llangynidr Crickhowell NP8 1LR

16/13780/FUL N: 225933 Mr & Mrs Roberts for Change of use Permit 13 September Delegated E: 317772 from Barn to Textile Craft Studio and 2016 Decision Workshop (Full Application) at Pencaeau Farm , Cwm-Du, Crickhowell NP8 1RT

16/13781/FUL N: 220218 Mr Howard Marlow for Two-storey side Refuse 9 September Delegated E: 315161 extension and single storey rear 2016 Decision extension (Full Application) at Walnut Tree Stores , Coed-Yr-Ynys Road, Llangynidr Crickhowell NP8 1NA Reason/s for refusal:- The proposed extension to the existing annex, by reason of its size, scale and intensification of use, will have a detrimental impact on the traditional character of the annex as an ancillary unit of accommodation serving the host dwelling. The extension will change the character and appearance of the annex from a subservient element in connection with the host dwelling at Walnut Tree Stores. The application is therefore contrary to Policy 1 and Policy 27(a) of the Brecon Beacons National Park Authority Local Development Plan (December 2013).

16/13786/FUL N: 221545 Mr Christopher Higgs for Insertion of Permit 30 August Delegated E: 271395 rooflights into rear elevations 2016 Decision (Resubmission 16/13282/FUL) (Full Application) at Gwynfe Cottage, Gwynfe, Llangadog Sir Gar SA19 9RF

16/13794/ADV N: 219923 The Glanusk Family Ltd Partnership for Permit 1 September Delegated E: 319569 New freestanding sign (Application to 2016 Decision Display Adverts) at Field Adjacent To The A40 Between Crickhowell - Brecon, Directly Adjacent To The South Of Nantyffin Cider Mill, ,

16/13897/DISC N: 228654 Mohammed Mahmood for Discharge of Permit 10 August Delegated ON E: 304437 Condition 7 relating to pursuant to 2016 Decision

Page 76 Planning Permission 13/09860/LBC (Approval of details reserved by condition) at 30 High Street , Brecon, Powys LD3 7AN

16/13791/DISC N: 214776 Mr Jason Price for Discharge Condition Permit 18 August Delegated ON E: 325357 3 Pursuant to Planning Permission 2016 Decision 13/10295/FUL (Approval of details reserved bycondition) at Land at The Alders, Cae Meldon, Gilwern, ,

16/13792/FUL N: 229697 Mr & Mrs J Thomas for Construction of Permit 14 September Delegated E: 312701 treehouse (Full Application) at 2016 Decision Trewalter House , Llangors, Brecon LD3 0PS

16/13795/CON N: 228339 Mr Jonathan Smith for Proposed Permit 1 September Delegated E: 303641 residential annexe to the existing 2016 Decision dwelling, (Condition 2 - 15/12547/FUL) (Variation/Renewal of Conditions) at 17 Penpentre, Newgate Street, Llanfaes Brecon Powys LD3 8DG

16/13796/DISC N: 205801 Mr Marc Cohen for Discharge Split 14 September Delegated ON E: 298029 Conditions 7, 8 (Completed), 9 and 11 Decision 2016 Decision pursuant to Planning Permission Discharge 15/12390/FUL (Approval of details Conditions reserved bycondition) at The Dell, Croes Bychan Road, Llwydcoed Aberdare Rhondda Cynon Taff CF44 0EJ

16/13801/DISC N: 217140 Bowyer for Discharge of Conditions 3 Permit 14 September Delegated ON E: 323171 (details of materials), 4 (tree protection 2016 Decision measures) and 5 (biodiveristy enhancement scheme) pursuant to Planning Permision 16/13111/FUL (Erection of storage building), approved 16/3/16. (Approval of details reserved bycondition) at Joint Services Hang Gliding Paragliding Centre Mod Training Establishment , Deans Drive, Cwrt Y Gollen Crickhowell NP8 1TE

16/13808/DISC N: 217802 Mrs C Thomas for Discharge condition Permit 6 September Delegated ON E: 321039 3 pursuant to planning permission 2016 Decision 16/13457/FUL (Approval of details reserved bycondition) at Cwrt Isaf Farm Llangattock, Crickhowell NP8 1PH

16/13844/DISC N: 228222 Mr Chris Burgess for Discharge Permit 6 September Delegated ON E: 303044 condition 8 pursuant to planning 2016 Decision permission 15/12846/FUL (external lighting) (Approval of details reserved by condition) at BVG Airflo, Brecon Enterprise Park, Brecon Powys LD3 8BT

Page 77

16/13847/MINO N: 214278 Mr Oliver Carter for Minor amendment Permit 31 August Delegated R E: 323819 to planning permission 14/11520/FUL - 2016 Decision change of roofing material from concrete tiles to natural slate and change of internal kitchen lay-out, replacing back door with small window (Non-Material Changes (Minor Amendments)) at Holly Cottage, Park Place, Maesygwartha Gilwern Abergavenny NP7 0ES

16/13891/MINO N: 218124 Mr And Mrs C Morgan for Minor Permit 31 August Delegated R E: 334041 amendment to 16/13419/FUL to retain 2016 Decision existing garage roof profile and link extension roof in at right angles (Non- Material Changes (Minor Amendments)) at The West, Llandewi Skirrid, Monmouthshire NP7 8AW

16/13893/DISC N: 228547 Mr Mark James for Discharge Permit 5 September Delegated ON E: 304853 Conditions 3 pursuant to Planning 2016 Decision Permission 16/13561/LBC (Approval of details reserved bycondition) at 7 Camden Road, Brecon, Powys LD3 7BU

16/13913/MINO N: 214507 Mr J Aylett for Minor amendment to Permit 1 September Delegated R E: 324105 Planning Application 16/13162/FUL for 2016 Decision extension, to create single door access to rear and side gardens (Non-Material Changes (Minor Amendments)) at 17 Orchard Close, Gilwern, Monmouthshire NP7 0EN

16/13910/MINO N: 228983 Mr Crispin Flower And Mrs Naomi Law Refuse 8 September Delegated R E: 304094 for Minor amendment to Planning 2016 Decision Application 16/13370/FUL for slightly different siting and design (Non-Material Changes (Minor Amendments)) at 1 Fronwen Terrace, Cradoc Road, Brecon Powys LD3 9HB Reason/s for refusal:- The proposed amendments are not considered to be non-material minor amendments to the approved scheme, and therefore a variation of condition application or householder application would be required to deal with the proposed alterations in order for a full consultation to be undertaken.

16/13956/MINO N: 210947 Mike Williams for Minor amendment to Permit 15 September Delegated R E: 305468 application number 15/12555/REM to 2016 Decision change colour of UPVC windows (Non- Material Changes (Minor Amendments)) at Parcel Of Land At Penradwy House, Pontsticill, Merthyr Tydfil CF48 2TU

Page 78 ENC7Item 2

AGRICULTURAL NOTIFICATIONS DELEGATED TO THE NATIONAL PARK OFFICERS

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

16/13766/AGR N: 218908 Mr G Greenstock for Steel portal frame AGR 8 August 2016 Delegated E: 268334 extension to existing building Permitted Decision (Agricultural Notification) at Glynllydan Developm Gwynfe, Llangadog SA19 9RU ent

16/13774/AGR N: 223408 Mr Owen Morgan for The 'building' is an AGR 1 September Delegated E: 293309 earth-walled excavation formed by Planning 2016 Decision excavating ground material and using Permission this to form the surrounding earth Required banks. Upon completion of the earthworks, an impermeable liner will be laid inside the Lagoon profile to prevent any possible digestate egress. Filling and emptying will be carried out using portable pipework. A floating cover will be used to minimise any atmospheric pollution. (Agricultural Notification) at Gorslwyd Farm , Senni, Brecon LD3 8SU

16/13789/AGR N: 220217 Mr John Pearson for Required as a haul AGR 16 August Delegated E: 298687 access into the woodland to enable Permitted 2016 Decision woodland operations and management Developm to progress (Agricultural Notification) ent at Woodland , National Trust, Pont Ar Daf. Brecon LD3 8NL

16/13903/AGR N: 215740 for Farm track to join existing farm AGR Prior 14 September Delegated E: 327520 track (Agricultural Notification) at Approval 2016 Decision Celliwig Court, Llanwenarth, Abergavenny Monmouthshire NP7 7EY

Page 79 This page is intentionally left blank ENC7Item 3

FRINGE APPLICATIONS DELEGATED TO THE NATIONAL PARK OFFICERS

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

16/13848/FRI N: 213181 Monmouthshire County Council for Full Fringe 9 September Delegated E: 329438 planning application for a care facility, Comments 2016 Decision access, car parking, landscaping and associated works (Fringe Consultation) at Land At Westgate, A465 Heads Of The Valley Road, Llanfoist NP7 9AQ

The National Park Authority, based on the current information available, objects to the proposed development on grounds that the proposed development, by reason of its scale, mass and elevated position in very close proximity the National Park boundary, would have a detrimental impact on views into and out of the National Park and be to the detriment of the National Park's special qualities.

The Environment Act (1995) Section 63 of the Environment Act (1995) sets out the statutory purposes of the National Park as follows:- o To conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park; and o To promote opportunities for the public understanding and enjoyment of the special qualities of the National Park

In accordance with section 62(2) of the Environment, any relevant Authority shall have regard to National Park purposes when performing any functions in relation to, or so as to affect, land in a National Park. Relevant Authorities include public bodies, government departments, local authorities and statutory undertakers.

Policy Context Planning Policy Wales (Edition 8: 2016) (PPW) acknowledges the statutory purposes of National Parks. In particular, PPW states that National Parks "must be afforded the highest status of protection from inappropriate developments" (paragraph 5.3.6) and that issues are not confined by administrative boundaries and that the duty to have regard to National Park purposes applies to activities affecting these areas, whether those activities lie within or outside the designated area (paragraph 5.3.7).

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

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

Similarly Policy LC 3 of the Monmouthshire Local Development Plan states that development in the vicinity of the Brecon Beacons National Park should only be permitted where it would: a) preserve or enhance the landscape setting, as defined through the LANDMAP process; b) have no serious adverse effect on significant views into and out of the National Park. and that "development that would cause unacceptable harm to the qualities that justify the designation of the Brecon Beacons National Park or its setting will not be permitted".

Policy LC 2 of the Monmouthshire Local Development Plan places similar requirements on developments that affect the setting of a World Heritage Site.

Page 81

Proposal The application site is located in an elevated position, and at its nearest, is approximately 1km east of the Brecon Beacons National Park boundary. The boundary follows the Brecon and Monmouthshire Canal before turning north towards the southern boundary of Neville Hall Hospital. The Blaenavon World Heritage Site also partly shares the National Park's boundary at this location. It is understood from the application documentation that the proposal involves the erection of a care home on a site area of 0.6 ha. The proposed care home will be a 'horse-shoe' shaped building. The eastern elevation will measure some 33 m long, the northern elevation some 27 m long, the ridge height of the proposed building will be some 10 m above ground level.

It is acknowledged that this proposal is located within a wider area that is designated within the Monmouthshire Local Development Plan for employment purposes. However, significant concerns are raised in relation to the landscape and visual impact of this development on the National Park.

The Landscape and Character Assessment for the Brecon Beacons National Park (2012) seeks to identify specific landscape characteristics of the National Park and particularly seeks to inform means in which these landscape characteristics should be protected and/or enhanced. The application site is generally at its nearest to the Blorenge Hill and Slopes Landscape Character Area where the impact of surrounding settlements outside of the National Park is acknowledged and the need to reduce the visual impact of development on the National Park is highlighted.

Serious concerns are raised in relation to the proposed development in terms of its scale, mass and elevated siting. In particular, it is considered that the proposal would interrupt views into and out of the National Park and would introduce a highly visible building which would be to the detriment of the overall character of this area and the setting of the National Park and the area of the Blaenavon World Heritage site within the National Park boundary.

In summary, the Authority objects to the proposal as it would result in the introduction of an intrusive form of development in an elevated position that would interrupt views into and out of the National Park and would result in detriment to the special qualities of the National Park.

Notwithstanding the above, if the Council is minded to approve the proposal, it is respectfully requested that the following condition is imposed and that the National Park Authority are consulted when the relevant detail is submitted for consideration:

No development shall take place until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of all proposed external lighting as well as details of their use. The development shall be carried out strictly in accordance with the approved details.

I trust the above information is clear, if you have any further queries in relation to these matters please do not hesitate to get in touch.

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

16/13924/FRI N: 212876 Monmouthshire County Council for The Fringe 1 September Delegated E: 329093 development of up to 120 residential Comments 2016 Decision dwellings (C3), open space, landscaping, vehicular access off Gypsy Lane, Pedestrian accesses and related infrastructure and engineering works (Fringe Consultation) at Land At Grove Farm, (Off Gypsy Lane), Llanfoist NP7 9FF The methods behind the Landscape and Visual Impact Assessment of the impact on the National Park and support for the conclusions drawn are not considered to be fully justified and should be supported by specific considerations of any impact on the National Park’s special qualities.

The BBNPA accept that there is scope to mitigate the impact and provide enhancement to the landscape. However the elements of the proposed development contains illustrative and outline information only. The strategic landscaping particularly on the southern boundary should be provided in detail and it is our view that this element of the development

Page 82 should be approved at the outline stage to ensure that it is effective in integrating the development into the wider landscape.

In conclusion, the BBNPA currently OBJECT pending clarification of the matters raised above, principally a fully detailed landscape mitigation and enhancement scheme. The scale of the development and potential impact on the National Park and the limited detail of the mitigation offered at present have led to our view that it is necessary to request this information prior to determination.

Page 83 This page is intentionally left blank Planning Obligations 15th September 2016

Key:

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

With other party/parties With the Authority / Authority’s external solicitors Current Application Applicant/ Site/ Development/ Planning Committee Date Status Number Developer Location Proposal Obligations Date Completed

Residential development comprising Land off High Street, Talgarth, Powys, LD3 13/10186/FUL Wyro Developments Limited of 8 no. dwellings with associated AH, HIW, EDU 21/10/2014  0PG gardens and car parking

Alterations, extension and subdivision

of the West End Fish Bar (22 Orchard West End Fish Bar. 22 Orchard Street, 13/09649/FUL Mr Murat Ongun Street) to form one Class A3 unit and AH 29/07/2014 

Page 85 Page Llanfaes, Brecon two units of residential

accommodation Residential Development (Outline with

Access, Layout and Scale) (Appearance 13/10289/OUT Mr Dai Hawkins Ty Clyd Close, Govilion AH,EDU,REC 21/10/2014  and Landscaping reserved for

subsequent approval) Removal/Demolition of a stable building and construction of 3 No. affordable housing units as an 13/09974/OUT Mr John Thomas Ty Mawr, Llangorse exception site and 2 No. open market AH 10/12/2013  dwellings within the settlement boundary on unused land at Ty Mawr, ENC7Item 4 Llangorse Land opposite The Meadows, Gypsy Castle Development of 80 residential units Persimmon Homes AH, REC  12/12443/FUL Lane, Hay-on-Wye and associated works Re-development of the former army camp at Cwrt y Gollen for mixed use development comprising residential 12/0875/OUT AH, REC, BIO, Crickhowell Estates Cwrt y Gollen Army Camp, Crcikhowell development, employment, a pre- 09/09/2014  HER, school day nursery, open space and community provision and associated infrastructure works

Page 1 of 3 Current Application Applicant/ Site/ Development/ Planning Committee Date Status Number Developer Location Proposal Obligations Date Completed Residential development with access 15/12223/OUT Mr Edward Lewis Land adjacent to Noddfa Cray for consideration, all other matters AH N/A (Delegated) 

reserved Demolition of existing house and

construction of replacement house 15/13044/FUL Camlea Limited Cellwig Court, Llanwenarth, Abergavenny OTH 01/03/2016  with associated access and

landscaping works

Erection of 17 dwellings and garages Chestnuts and Cedars Home, Hillside including 4 affordable dwellings and 15/12262/OUT Mr Chris Morton AH 12/04/2015 11/08/2016 COMPLETED Road, Llangattock, Crickhowell related works, landscaping and infrastructure

Conversion of the existing garage to a Autumn View, Lower Common Barn, residential annexe for the existing 16/13183/FUL Mr Pompio Casa OTH N/A (Delegated) 11/08/2016 COMPLETED Gilwern, dwelling ‘Autumn View’

Page 86 Page Proposed change of use of former craft workshop and first floor extension to form annex residential 16/13153/FUL Emma Harrison and Peter Harrison The Star Bunkhouse, Bwlch, Brecon OTH N/A (Delegated)  accommodation to the Star Bunkhouse

Variation of condition 1 of planning Former Gas Chamber, Cwrt-y-Gollen, permission 09/02985/FUL to allow for  15/12972/CON Mr Michael Rees – LRM Planning OTH N/A (Delegated) Crickhowell an additional 5 years to commence  development Change of Use from a chapel to a 16/13164/FUL Mr and Mrs Edwards Trinity Chapel, Defynnog, Brecon dwelling AH N/A (Delegated) 

15/11949/FUL Mrs Jane Randall (Richard Randall) Site at Captain’s Walk, Brecon Erection of new build house AH N/A (Delegated) 

Page 2 of 3 Current Application Applicant/ Site/ Development/ Planning Committee Date Status Number Developer Location Proposal Obligations Date Completed Demolition of existing modern single storey extensions and change of use and conversion of existing building to form 6 dwellings. Erection of a single Triley Court Nursing Home, Old Hereford 16/13266/FUL Brownfield Green (Triley) Limited storey extension to create one new AH/OTH 24/05/2016 12/09/2016 COMPLETED Road, Pantygelli dwelling. Change of use of existing staff cottages to form 3 dwellings and associated landscaping works

Change of use of studio used as a sewing room and drawing office, with

The Studio, Upper House Farm, double garage ancillary to the 14/11036/FUL Ian and Jacqueline Pickford AH N/A (Delegated)  Crickhowell residential use of number 28 Upper

House Farm to a separate residential dwelling. Conversion of first and second floors to three flats. Part conversion of ground floor and basement from Page 87 Page commercial to residential (access), Mr T Van Rees 29 High Street Superior, Brecon AH N/A (Delegated)  16/13213/FUL part conversion of ground floor from residential to commercial. Replacement of ground floor (north side elevation) window with door. Proposed pair of semi-detached 15/12528/FUL houses on a building plot to the rear Mr & Mrs Chris Phillips Coed Duon, 20 Bronant, Talgarth AH N/A (Delegated)  of 20 Bronant Talgarth

Page 3 of 3 This page is intentionally left blank Affordable Housing Commuted Sums Monitoring (as of 04.08.2016)

Application SM Amount Date Received Date Allocated number Date Permission granted Proposal area Settlement detailed in S106 13/10295/FUL Permitted 07.10.2014 Construction of 92 dwellings, Cae Meldon A,C&H Gilwern £175,200.60 13/09841/FUL Permitted 27.10.2015 Construction of one dwelling at Ael Y Bryn B&R Bwlch £15,056.80 13/10278/OUT Permitted 09.12.2014 New dwelling, Tyr Berllan A,C&H Crickhowell £31,163.40 13/10285/FUL Permitted 30.09.2014 Erection of 1 dwelling - Roayl Oak, Pencelli B&R Llangors £16,251.60 13/10289/OUT Minded to permit S106 21.10.14 Multiple Housing Development - Ty Clyd Close A,C&H Govilon £5,045.84 14/11036/FUL Minded to permit S106 1.12.14 The studio, Upper House Farm A,C&H Crickhowell £5000** 14/11337/FUL Permitted 01.02.2016 Canal Bank Gardens, Brecon B&R Brecon £24,151.20 14/11607/FUL Permitted 12.06.2016 Single Dwelling, 19 Fairhome, Gilwern A,C&H Gilwern £24,377.40 14/11655/FUL Permitted 07.04.2015 Dan Y Castell, Crickhowell A,C&H Crickhowell £2,000** 15/11949/FUL Minded to permit S106 9.11.2015 Captain's Walk, Brecon B&R Brecon £17,144.80 15/12528/FUL Minded to permit S106 25.09.15 2 Dwellings to the rear Bronant B&R Talgarth £15,000** 15/12509/FUL Permitted 18.03.2016 1 dwelling, Green Meadows B&R Brecon £19,105.20 16/13164/FUL Minded to permit 22.03.2016 Change of use of chapel to dwelling B&R Maescar £20,450.80 15/13000/FUL Permitted 26.05.2016 1 dwelling, Peppercorn Lane B&R Brecon £2,465.53

Page 89 Page 16/13189/FUL Minded to permit 12.04.2016 Divide House into 2 flats A,C&H Hay £17,730.00* 16/13266/FUL Minded to permit S106 25.4.16 Conversion Triley Court Nursing Home A,C&H Abergavenny £25,000** 14/11593/CON Permitted 11.03.2015 Variation of Planning obligation to 11/06647/FUL A,C&H Llangynidr £89,262 01.04.2016 16/13533/OUT Minded to permit S106 11.08.16 Outline application detached dwelling B&R Libanus £22,190.80* 16/13213/FUL Minded to permit S106 07.08.16 Conversion to 3 flats 29 High Street B&R Brecon £15,000**

£541,595.97 £89,262 Total £374,779.24 Total Abergavenny, Crickhowell and Hay Sub Market area £166,816.73 ENC7Item 5 Total Brecon and Rural Hinterland and Sub Market area £0 Total Heads of the Valleys and Rural South area £311,972.13 Total Powys £0 Total Carms £229,623.84 Total Mons *Final figures are under negotiation ** Reduction in contribution agreed following viability assessment This page is intentionally left blank ENC7Item 6

ENFORCEMENT FIGURES (September 2016)

Number Investigated Investigated Resolved in Resolved in of new in 84 days or in more than 180 days or more than cases fewer 84 days fewer 180 days received March 2016 9 20 1 10 3

April 2016 11 14 0 5 2

May 2016 10 14 1 5 2

June 2016 13 23 4 19 12

July 2016 15 13 1 6 3

August 2016 1 10 0 9 1

Current Cases

Current Cases (under Backlog Cases (over 180 Total Cases 180 days) days) March 2016 34 74 108

April 2016 36 74 110

May 2016 23 69 92

June 2016 34 76 110

July 2016 36 71 107

August 2016 29 73 102

Relevant Definitions

Investigated means that the authority has considered the alleged breach of planning control and advised the complainant of their investigation

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

Page 91 This page is intentionally left blank Brecon Beacons National Park Authority ENC7Item 7

Internal Reporting: Planning Performance Figures From: 01 August 2016 To: 31 August 2016

Received Online Online% Decided OnHand 61 37 60.7 53 191

Approvals

Granted Refused %Approved 50 3 94

8 Week Performance

Under8Weeks Over8Weeks 8Wks% 44 8 85

Householder 8 Week Performance

Under8Weeks Over8Weeks 8Wks% 14 0 100

Agreed Extentions Performance

AEunder AEover AE% 5 0 100.0

Age of Applications

>8Wks >13Wks >16Wks >2Yrs 53 39 37 11

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

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

AUTHORS: Enforcement Officers

MEETING AND DATE OF Planning, Access and Rights of Way Committee MEETING: 4th October 2016

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

Exemptions applying to the report:

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

Factors in favour of disclosure:

 Facilitate the accountability and transparency of our decisions;

 Facilitate accountability and transparency in the spending of public money;

 Allow individuals to understand decisions made by the authority

Prejudice which would result if the information were disclosed:

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

Page 95 My view on the public interest test is as follows:

I have considered the enforcement cases contained within the aforementioned reports to be presented to PAROW on the 4th October 2016 and have measured each case against the public interest test. For the reasons outlined above, I consider that the factors in favour of disclosure are outweighed by those against.

Recommended decision on exemption from disclosure:

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

Date: 14/09/16

Signed:

Post: Principal Planning Officer

I accept the recommendation made above.

______Proper Officer

Date: 16/09/2016

Page 96 ENC8Item 2 By virtue of paragraph(s) 12, 13, 17, 18 of Part 1 of Schedule 12A of the Local Government Act 1972.

Document is Restricted

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