Item Number: 5 Application Number

ITEM NUMBER: 5

APPLICATION NUMBER: 13/09596/OUT APPLICANTS NAME(S): Ms Lucinda Hawkins-Adams SITE ADDRESS: Land adjoining St John's Close, Tretower, Crickhowell, Powys GRID REF: E: 318706 N:221270 COMMUNITY: DATE VALIDATED: 27 June 2013 DECISION DUE DATE: 22 August 2013 CASE OFFICER: Mr Lloyd Jones

PROPOSAL Outline planning application for two residential units

ADDRESS Land adjoining St John's Close, Tretower, Crickhowell, Powys

CONSULTATIONS/COMMENTS Consultee Received Comments

Cwmdu And District 14th Jun 2013 Strongly opposed to the application on the following Community Council grounds:

1. Traffic generation through St John's Close and impact upon the community; 2. Land required for access belong to Powys County Council Housing Department and is designated as recreational area for the residents of St John's Close 3. There is evidence that the proposed site is liable to flooding as seen during recent flooding. Cwmdu And District 22nd Jul 2013 Strongly opposed to the application on the following Community Council grounds:

1. Traffic generation through St John's Close and impact upon the community; 2. Land required for access belong to Powys County Council Housing Department and is designated as recreational area for the residents of St John's Close 3. There is evidence that the proposed site is liable to flooding as seen during recent flooding. Heritage Officer 11th Jun 2013 To ensure that any remains of archaeological (Archaeology) significance disturbed in the course of the development are excavated, recorded and reported in order to mitigate the impact of the development on the archaeological remains.

The applicant will need to engage an archaeological contractor to undertake the Excavation, and I will need to produce a Brief for the work required to allow contractors to tender for the work and produce a written scheme of investigation for the work. Please let me know when/if the Brief is required.

Heritage Officer 2nd Jul 2013 To ensure that any remains of archaeological (Archaeology) significance disturbed in the course of the development are excavated, recorded and reported in order to mitigate the impact of the development on the archaeological remains.

NP Head Of Strategy 4th Jun 2013 Given the difficulty accessing the development site Policy And Heritage from the A40, it seems reasonable to enable access from St John's Close. As such the development represents an acceptable departure from the development plan. The policy team have no objections to the principle of this development

If you require any further comments on policy matters relating to this application not discussed above please do not hesitate to get in contact.

NP Head Of Strategy 3rd Jul 2013 My previous comments in relation to this proposal Policy And Heritage still stand and I have no further comments to make.

Powys County No response Council Building Regulations Powys County 14th Jun 2013 I have no objection, in principle, to this application Council Highways but must point out that a query has been raised regarding the true extent of the adopted highway. I note that the appropriate notice has been served.

In any event the following conditions should be included on any permission granted.

HC7 Within 5 days from the commencement of the development the area of the access to be used by vehicles is to be constructed to a minimum of 410mm depth, comprising a minimum of 250mm of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 5.5 metres from the edge of the adjoining carriageway. Any use of alternative materials is to be agreed in writing by the Local Planning Authority prior to the access being constructed.

HC21 Prior to the occupation of the dwellings the area of the access to be used by vehicles is to be finished in a 40mm bituminous surface course for a distance of 5.5 metres from the edge of the adjoining carriageway.

HC32 No storm water drainage from the site shall be allowed to discharge onto the county highway.

Powys County 12th Jul 2013 I refer to the amended plans relating to the above Council Highways site and have no additional comments to make. Powys County No response Council Land Drainage Department Welsh Government 19th Jun 2013 The Welsh Government as highway authority for Transport the A479 trunk road does not issue a direction in Department respect of this application. Welsh Government 22nd Jul 2013 The Welsh Government as highway authority for Transport the A470 trunk road does not issue a direction in Department respect of this application.

CONTRIBUTORS Graham Jenkins, 5 St John's Close, Tretower Cllr Kathryn Silk, [email protected], J.M Nicholls, 6 St Johns Close, Tretower A. J. Caton, 4 St Johns Close , Tretower G Grant, 4A St Johns Close , Tretower J.M Williams, 4B St Johns Close , Tretower Mrs H.G. Sweeting, 1 St John's Close, Tretower

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

A total of ten letters of objection have been received and can be summarised as:

1. Inappropriate development; 2. Lead to additional traffic and congestion; 3. Loss of amenity land; 4. Increased risk of flood risk; 5. Loss of parking for residents on St John's Close; 6. Dwellings for own personal gain; 7. Dwelling will not harmonise with bungalows and stone cottages; 8. Site is not vacant, grazed by sheep; 9. Should not have installed gate in existing fence; 10. Loss of view; 11. Poor drainage; 12. Not in keeping and not sympathetic;

RELEVANT POLICIES

G3: “Development in the National Park” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) ES28: “Provision of Open Space in Housing Sites” (Unitary Development Plan 2007) Q11: “Sites of Archaeological Importance” (Unitary Development Plan 2007) Q12: “Archaeological Evaluation” (Unitary Development Plan 2007) LPG2: “Allocation of Land for development.” (Local Plan 1999) LPG3: “Development in the National Park.” (Local Plan 1999) LPG7: “Design and energy conservation.” (Local Plan 1999) LPCL9: “Archaeology and cultural features.” (Local Plan 1999) LPCL10: “Archaeology and cultural features.” (Local Plan 1999) LPH2: “New housing in larger settlements.” (Local Plan 1999)

PLANNING HISTORY App Ref Description Decision Date

12/08786/FUL Erection of two dwellings. Application 8th Mar 2013 Refused

08/02046/OUT Proposed erection of 2 No. Application 22nd Apr 2009 dwellings Permitted

13/09463/OUT Outline planning application for Application 31st May 2013 two residential units Withdrawn

OFFICER’S REPORT

Introduction

Outline planning permission with all matters reserved is sought for the provision of two dwellings on land adjacent to St John's Close, Tretower. The application is being reported to PAROW as the application comprises a technical departure from the development plan.

Site Description

The application site comprises an irregular shaped parcel of land that measures 0.18 hectares. The site lies at the edge of the settlement of Tretower, and has a direct frontage of 38.0m on to the A479. This boundary is demarked by a traditional stone wall, although the application site itself lies at a lower level and slopes gently downwards to its southern boundary. A stream runs along the north eastern boundary of the application site. Set at a minimum of 4.0m off the western boundary is a pair of semi-detached bungalows, Nos. 3 and 4 St John's Close, which is one of a pair of three similarly designed properties that are served by this cul-de-sac. Open countryside lies beyond the southern and eastern boundaries of the site. Tretower Court, a scheduled monument lies approximately 100m to the south.

Members should note that at the end of the cul-de-sac, a grass verge separates the site from the metalled road. In the determination of the previous outline planning application (08/02046/OUT) Powys County Council Highway Section confirmed that this grass verge formed part of the adopted Highway network. Notwithstanding this, Powys County Council Legal Section advised on 11th June 2013 that this land forms an amenity area, which is maintained by the Council's Housing Department, for the benefit of the residents of St John's Close housing estate rather than being maintained as part of the adopted highway network. The applicant has completed Certificate B and served the appropriate notice on Powys County Council Housing Department.

Planning History

Outline planning permission (08/02046/OUT) for the provision of two dwellings on the site was approved on 22nd April 2009. A full planning application (12/08786/FUL) for the provision of two dwellings was refused on design grounds on 8th March 2013. More recently an outline planning application (13/09463/OUT) was withdrawn on 31st May 2013.

Proposal

The planning application is made in Outline with all matters reserved for subsequent approval. The submitted indicative layout identifies that the site will be accessed via St John's Close, Tretower.

The application details the provision of two dwellings on land adjacent to St John's Close. The indicative layout indicates the provision of two dwellings with plot 1 set 1.8m off the north western boundary of No.3 St Johns Close and having the maximum dimensions of 15m by 8m. The dwelling will have a maximum height of 6.8m.

The dwelling on plot 2 will be sited some 1.4m to the east of the dwelling on plot 1. The dwelling will have maximum dimensions of 12m by 9m. The dwelling will have a maximum height of 6.8m

Planning Policy Context

Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework. This application is considered against policies G3, G4, G6, ES28, Q11and Q12 of the Beacons National Park Unitary Development Plan (UDP) and policies LPG2, LPG3, LPG7, LPCL9, LPCL10 LPH2 and LPH4 of the Local Plan. Whilst the development proposal will be considered against both the Approved UDP and Adopted Local Plan policies, greater weight shall be given to the more up to date UDP policies unless the Local Plan policies materially differ to warrant a departure from the UDP.

The Brecon Beacons National Park Authority Local Development Plan (LDP) has been published and is now at public examination. Legal advice is that whilst the emerging LDP is now material, little weight can be given to it in planning decision making at this stage.

Principle of Residential Development

The application site lies at the southern edge of Tretower. The proposed layout identifies that the two units will be located within the "white areas" of the settlement of Tretower as defined by policy G3 (ii). However, it does show that the access into the site will be via St John's Close and as a result the section of the access road is located outside the settlement limit. The only alternative means of access would be off the A479, which the application site directly fronts. The Mid Wales Trunk Road Agency has previously advised that the sole means of access shall be from St John's Close to safeguard the free flow and safety of trunk road traffic. In this particular case, it is considered that as a small proportion of the site falls outside the defined settlement limits and in light of the previous comments received from the Trunk Road Agency, the inclusion of land outside the defined settlement is justified on highway grounds, and as such does not represent a significant departure. The Head of Strategy, Policy and Heritage have no objections to the principle of the residential development of the site. The principle of the residential development of this site is therefore considered to be acceptable.

Impact on Character and Appearance of Area

Policy G3 (iii) aims to ensure that the scale, form, design, layout, density, intensity of use and use of materials will be appropriate to the surrounding and will maintain or enhance the quality and character of the Park's landscape and built environment. Policy G6 refers to design and states that development will be expected to meet the WAGs key design objectives and respond to the local context. Furthermore TAN 12 Design (2009) sets out national policy guidance on how to achieve good design.

As the application is made in outline with all matters reserved for subsequent approval there are no specific details available relating to the appearance of the proposed dwellings, and this will be addressed as part of any future reserved matters application. Notwithstanding this it is considered that the submitted illustrative layout demonstrates that two dwellings can be provided on the site, which respects the adjacent pattern of development.

Overall, it is considered that subject to the applicant adopting a sensitive design approach the site could be developed that would maintain the character of this part of the National Park.

Sustainable Design

The application identifies that the dwelling will achieve a Code Level 3 under the Code for Sustainable Homes. The proposal, by achieving Code Level 3, will satisfy the provisions set out in Technical Advice Note 22: Planning for Sustainable Buildings (June 2010).

Neighbour Amenity

Policy G3 (v) of the Beacons National Park Unitary Development Plan aims to ensure that any proposed development does not have an unacceptable impact on the amenity of the area, adjacent properties or the general public.

The design details of the scheme are reserved for future approval and, as a result, it is not possible at this stage to fully assess the potential impacts upon neighbouring residents by way of loss of privacy, loss of light or overbearing effect. Notwithstanding this, the indicative layout drawings illustrate that the proposed dwellings would not be orientated to face directly into neighbouring habitable room windows. Officers consider that the scheme can be designed to eradicate any potential overlooking or excessive overshadowing of other adjoining. These matters will be considered in further detail and ultimately determined at the 'Reserved Matters' stage. Accordingly the proposal is considered to accord with policy G3 (v) of the UDP.

Highway Safety

Policy G3 (ix) of the Beacons National Park Unitary Development Plan identifies that adequate means of access and parking space can be provided to cater for the traffic generated by the proposal.

The proposed access will be via St John's Close. The Welsh Government Transport Department and Powys County Council Highways Section do not have any objection to the proposal. The proposal is therefore considered to be satisfactory on highway grounds.

Archaeological Implications

Policy Q11 relates to sites of archaeological importance and development will only be permitted where archaeological remains can be protected in situ by appropriate design and siting or in the opinion of the NPA, the benefits of the proposal outweigh any adverse effects.

The submitted Archaeological Assessment identifies that a total of four trenches were excavated on the application site. The report concluded that the majority of the proposed development site is likely to be archaeologically sterile, although the area of trench 2 and between trenches 2 and 4 is likely to be more archeologically sensitive.

The National Park Archaeologist highlights that there is medieval archaeology potentially relating to a timber framed building and associated deposits such as pits, gullies and post holes. It is recommended that an appropriately worded condition be added to any planning permission to ensure the provision of a programme of archaeological excavation is submitted for the written approval of the LPA. It is therefore considered that, subject to this condition, the proposal is acceptable in terms of its impact on the archaeological interests of the site.

Third Party Representations, Cwmdu and District Community Council and Councillor Response

In relation to the concerns raised by third parties and the Community Council the report above has addressed many of the issues raised. In relation to the development being inappropriate and not sympathetic, the fundamental issue for consideration in this application is the principle of the residential development of this site, which as discussed above is considered to be acceptable. At the reserved matters of scale, appearance, layout and landscaping will be carefully assessed to ensure the development maintains the character of this part of the National Park. As discussed in the main body of the report above, the strip of land at the end of St John's Close was previously considered to be highway verge and Powys County Council consider this to be land forms amenity land for the benefit of the residents of St John's Close. Officers consider that the loss of a proportion of land measuring 4.4m by 3.2m is considered to be acceptable to allow a safe means of access into the site and would not warrant the refusal of the application on these grounds. Notwithstanding this, the applicant or successor in title will need to secure a resolution with Powys County Council regarding using this land to achieve access to the development. In relation to the loss of parking, traffic generation and the impact on highway safety, the Welsh Government Transport Department and Powys County Council Highway Section has no objection to the proposal. With regards to flood risk, the site falls outside the flood risk zones as defined in TAN 15: Development and Flood Risk. It is, therefore considered that the proposal will not be at any increased risk to flooding. In relation to drainage, an appropriately worded condition could be added to any planning permission to ensure satisfactory disposal of foul and surface water drainage. It should be noted that the loss of a view and the occupants of the future dwellings is not a relevant material planning consideration. Finally, the insertion of the gate in the existing fence is a matter between Powys County Council and the applicant.

Conclusion

Overall, the principle of the development of this site for two dwellings is considered to be acceptable. It is considered that the provision of two dwellings will not result in any visual harm to this part of the National Park, will not unduly impact on residential amenity or lead to a significantly adverse impact on highway safety or the archaeological interest at the site. The proposal therefore accords with policies G3, G4, G6, ES28, Q11and Q12 of the Beacons National Park Unitary Development Plan (UDP) and policies LPG2, LPG3, LPG7, LPCL9, LPCL10 LPH2 and LPH4 of the Local Plan.

RECOMMENDATION: Permit

Conditions and/or Reasons:

1 Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. 2 The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last reserved matters to be approved, whichever is the later. 3 Approval of the details of the layout, scale, appearance, access and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced. 4 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v2, NP2v2), unless agreed otherwise in writing by the Local Planning Authority. 5 There shall be no vehicular or pedestrian access from the development site to the trunk road (A479) and the sole means of access shall be from St John's Close. 6 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 excavation in accordance with a written scheme of investigation which has been submitted to the applicant and approved in writing by the local planning authority. The archaeological work shall be undertaken to the standards laid down by the Institute of Field Archaeologists. On completion of site works and any post-excavation analysis a report on the investigation shall be submitted for written approval to the Local Planning Authority, to the Royal Commission on the Ancient and Historical Monuments for Wales for inclusion in the National Monument Record and of the Clwyd-Powys Archaeological Trust inclusion in the Regional Historic Environmental Record (HER). 7 Foul and surface water discharges shall be drained separately from the site and no surface water shall be allowed to connect directly, nor indirectly to the public sewerage system unless otherwise agreed in writing by the Local Planning Authority. 8 Prior to the commencement of development, details of any external lighting proposed to illuminate the development shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details and there shall be no other external illumination of the development. 9 Details of any walls, railings or fences to be erected on the site, including location, height, materials and a timetable for their erection shall be submitted to and approved in writing by the Local Planning Authority before the development commences. The walls, railings or fences shall be constructed in accordance with the details and timetable agreed with the Local Planning Authority. Timber or panel fencing shall not be used fronting any highway. 10 The dwellings hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 6 credits under category 'Ene1 - Dwelling Emission Rate' in accordance with the requirements of the Code for Sustainable Homes: Technical Guide 2010. The development shall be carried out entirely in accordance with the approved assessment and certification. 11 Construction of the dwellings hereby permitted shall not begin until an 'Interim Certificate' has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 6 credits under 'Ene1 - Dwelling Emission Rate', has been achieved for that individual dwelling or house type in accordance with the requirements of the Code for Sustainable Homes: Technical Guide 2010. 12 Prior to the occupation of the dwellings hereby permitted, a Code for Sustainable Homes 'Final Certificate'' shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 6 credits under 'Ene1 - Dwelling Emission Rate', has been achieved for that dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide 2010. 13 No development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 14 The number of dwellings on the site shall not exceed two. 15 No building on any part of the development hereby permitted shall exceed 6.8 metres in height. 16 Within 5 days from the commencement of development the area of the access to be used by vehicles is to be constructed to a minimum of 410mm depth, comprising a minimum of 250mm of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 5.5 metres from the edge of the adjoining carriageway. Any use of alternative materials shall first be agreed in writing by the Local Planning Authority. 17 Prior to the occupation of the dwellings, the areas of the access to be used by vehicles shall be finished in a 40mm bituminous surface course for a distance of 5.5metres form the edge of the adjoining carriageway. 18 No storm water shall be allowed to discharge onto the county highway.

Reasons:

1 Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 2 Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 3 To enable the Local Planning Authority to exercise proper control over these aspects of the development. 4 To ensure adherence to the approved plans in the interests of a satisfactory form of development 5 In order to preserve the free flow and safety of trunk road traffic 6 To ensure that any remains of archaeological significance disturbed in the course of the development are excavated, recorded and reported in order to mitigate the impact of the development on the archaeological remains. 7 In the interest of the integrity of the public sewerage system. 8 To maintain the character of the neighbouring area. 9 In the interests of the amenity of the area. 10 To satisfy the requirements of Technical Advice Note 22: Planning for Sustainable Buildings (June 2010) 11 To satisfy the requirements of Technical Advice Note 22: Planning for Sustainable Buildings (June 2010) 12 To satisfy the requirements of Technical Advice Note 22: Planning for Sustainable Buildings (June 2010) 13 To ensure that the materials harmonise with the surroundings. 14 To allow the Local Planning Authority to retain control over the final scale of development 15 To safeguard the character of the area 16 In the interests of highway safety 17 In the interests of highway safety 18 In the interests of highway safety

Informative Notes:

1. Pre-commencement conditions