(Public Pack)Agenda Document for Planning, Taxi Licensing & Rights

Public Document Pack

Planning, Taxi Licensing & Rights of Way Committee

Meeting Venue Council Chamber - County Hall, Llandrindod Wells, Powys

Meeting Date Thursday, 1 October 2015 County Hall Llandrindod Wells Meeting Time Powys 10.00 am LD1 5LG

For further information please contact Carol Johnson 24 September, 2015 01597826206 [email protected]

AGENDA

1. APOLOGIES PTLRW89 - 2015

To receive apologies for absence.

2. MINUTES OF THE PREVIOUS MEETING PTLRW90 - 2015

To authorise the Chair to sign the minutes of the previous meeting of the Committee held on 10th September, 2015 as a correct record – to follow in the Supplementary Pack.

Planning

3. DECLARATIONS OF INTEREST PTLRW91 - 2015

a) To receive any declarations of interest from Members relating to items to be considered on the Agenda. b) To receive Members' requests that a record be made of their membership of town or community councils where discussion has taken place of matters for the consideration of this Committee. c) To receive declarations from Members of the Committee that they will be acting as 'Local Representative' in respect of an individual application being considered by the Committee. d) To note the details of Members of the County Council (who are not Members of the Committee) who will be acting as 'Local Representative' in respect of an individual application being considered by the Committee.

1 4. PLANNING APPLICATIONS FOR CONSIDERATION PTLRW92 - 2015 BY THE COMMITTEE

To consider the reports of the Head of Regeneration, Property and Commissioning and to make any necessary decisions thereon.

4.1. Updates Any Updates received will be added to the Agenda, as a Supplementary Pack, wherever possible, prior to the meeting.

4.2. P/2014/0475 Plots 3 & 4, The Laurels, Waterloo Road, Llandrindod Wells, Powys, LD1 6BL (Pages 5 - 22)

4.3. P/2015/0583 Land adjacent to Pentrosfa House The report will follow in the Supplementary Pack.

4.4. P/2015/0024 Bwlchau, Bettws, Hundred House, Llandrindod Wells, Powys, LD1 5RP (Pages 23 - 54)

4.5. P/2015/0226 Plot Adj To Penygarreg, Old Radnor, Presteigne, Powys, LD8 2RH (Pages 55 - 72)

4.6. P/2015/0670 Caeau, Llanfyllin, Powys, SY22 5LF (Pages 73 - 86)

4.7. P/2015/0296 Lower Crosskeys, High Street, Llanfyllin, Powys, SY22 5AT (Pages 87 - 96)

4.8. P/2015/0312 Lower Crosskeys, High Street, Llanfyllin, Powys, SY22 5AT (Pages 97 - 106) 4.9. P/2015/0668 Glyn Farm, Van, Llanidloes, Powys, SY18 6NE (Pages 107 - 126)

4.10. P/2014/0622 Browns Coaches Site, Garth, Llangammarch Wells, Powys, LD4 4BA (Pages 127 - 140)

4.11. P/2014/0266 Crown Inn, Walton, Presteigne, Powys, LD8 2PY (Pages 141 - 156)

5. DECISIONS OF THE HEAD OF REGENERATION, PTLRW93 - 2015 PROPERTY AND COMMISSIONING ON DELEGATED APPLICATIONS

To receive for information a list of decisions made by the Head of Regeneration, Property and Commissioning under delegated powers. (Pages 157 - 172) This page is intentionally left blank PTLRW92 - 20152

Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2014/0475 Grid Ref: 306027.91 261978.56

Community Llandrindod Town Council Valid Date: Officer: Council: 15/05/2014 Holly-ann Hobbs

Applicant: Mr Robert Wynne, Chapel Cottage, Llanfihangel-Talyllyn, Brecon.

Location: Plots 3 & 4, The Laurels, Waterloo Road, Llandrindod Wells, Powys, LD1 6BL.

Proposal: Outline: Erection of two detached dwellings (Plots 3 & 4)

Application Application for Outline Planning Permission Type:

The reason for Committee determination

Members are advised that the planning application was originally ‘called in’ by Councillor Gary Price and placed on the Committee agenda for the 9th October 2014. Determination of the application was subsequently deferred and is therefore required to be placed before Members for determination.

Site Location and Description

The proposed site of development is located within the settlement boundary of Llandrindod Wells as defined by the Powys UDP. The application site is bounded by residential properties to the north, east, south and west. Access is via an existing access off Waterloo Road located to the east of the site.

Outline approval is sought in respect of the provision of two detached dwellings with all matters reserved for future consideration.

Consultee Response

Llandrindod Wells Town Council

Correspondence received 18th June 2014 –

The above planning application was placed before my Council at its meeting held on 17th June 2014.

My Council objects to this application as it is contrary to UDP Policies HP17 Backland Development, RDG 8 Backland Development.

Highway Authority

Correspondence received 23rd June 2014 –

1 Page 5

The application should be refused.

The access that was permitted for the development of three units is too narrow for two cars to pass and is not suitable for the development already approved. The potential for vehicles to be forced to reverse inot the carriageway or wait on the highway whilst the access route is cleared by existing vehicles will be increased by the inclusion of a further dwelling. This will therefore exacerbate the hazards to the detriment of highway safety

Correspondence received 7th July 2014 -

Further to our brief conversation on this application Friday I have now been informed and had checked that the measurements upon which I have based my recommendation were incorrect. I therefore withdraw my recommendation of refusal and accept that whilst not absolutely perfect, the access is adequate for the purpose proposed and I therefore do not wish to comment further.

Correspondence received 6th November 2014 –

Thank you for attending the meeting this afternoon. As per our discussions with regard to this site, I was asked to attend a site meeting last week with concerned residents who highlighted a number of issues with the access and access road serving the development site. Having reviewed the approved plans it appears that the access has not been constructed in accordance with those plans. One of my primary concerns that I noted was the lack of a turning area at the end of the access road and this turning head has been detailed on all the recent planning submissions. The access road is approximately 50 metres in length and without the turning area it can be expected that visitors, deliveries and residents will have to either reverse out of or into the site. Therefore, we are of the opinion that without a clear resolution to provide the infrastructure that should have been provided previously we will have no option than to object to the current planning submission on the grounds that the proposed increased use of the access will lead to conditions prejudicial to highway safety conditions.

Correspondence received 3rd February 2015 –

Following on from our meeting last week with Cllr Price and the residents of plot 2, I would like to emphasise our concerns with regard to the substandard access that has been constructed on site which bears little resemblance to the plans approved with the outline application.

The traffic generation from the current proposal for two additional dwellings, in combination with the two existing dwellings, will lead to conditions prejudicial to highway safety if the current access is not altered or modified. The existing access width is substandard and does not permit the safe and simultaneous two way flow within the access. The lack of adequate width will necessitate vehicles to either reverse back down the access track or into the carriageway to permit residents, visitors or service traffic to pass. The fact that the footway adjacent Waterloo Road is also a main pedestrian route will compound the dangers to highway safety if reversing movements occur on a regular basis. In addition, the lack of a turning area at the end of the private road, suitable for all vehicle types that may be expected

2 Page 6 to serve this development, will further exacerbate the potential for vehicle and pedestrian conflicts.

We therefore, must respectfully request that the current application is refused for the reasons stated above.

Correspondence received 24th July 2015 –

Following a further inspection of the access proposed to serve this development and consideration of all the issues experienced I am satisfied that the issues relating to the incomplete layout in terms of width, gradient and construction are capable of being addressed and would advise that if the Planning Committee were mindful to support the application then the Highway Authority would require conditions be attached to the consent requiring completion of the access, access road and turning area prior to any other works being commenced on the site.

However, notwithstanding the above, access visibility is still required from the access in each direction but is not shown on the plans and the required land does not appear to be within the control of the applicant. As this is now unacceptably restricted by adjacent boundary hedges and on-street parking any further development cannot be supported.

I therefore reiterate the original recommendation that this application should be refused in the interests of highway safety due to the lack of access visibility available at the existing access with the county road.

Should the applicant be in a position to rectify this matter I would advise that visibility splays of 33m in each direction from a set-back of 2.4m from the edge of the carriageway should be provided. However, in order to ensure that parked vehicles did not obstruct the visibility splays, as is the case currently, the applicant would be required to fund the advertisement, and if successful, the implementation of a Traffic Regulation Order prohibiting parking within the splays.

Building Control

Building Regulations approval will be required for this proposal.

Welsh Water

Correspondence received 17th June 2015 –

We would request that if you are minded to grant planning consent for the above development that the Conditions and Advisory Notes provided below are included with the consent to ensure no detriment to existing residents or the environment and to Dwr Cymru Welsh Water’s assets.

Sewerage

Conditions Foul water and surface water discharges shall be drained separately from the site. Reason: To protect the integrity of the public sewerage system.

3 Page 7

No surface water shall be allowed to connect, either directly or indirectly, to the public sewerage system unless otherwise approved in writing by the Local Planning Authority. Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.

Land drainage run-off not be permitted to discharge, either directly of indirectly, into the public sewerage system. Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment.

The proposed development site is crossed by a public sewer with the approximate position being marked on the attached Statutory Public Sewer Record. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. No part of the building will be permitted within 3 meters wither side of the centerline of the public sewer. Reason: To protect the integrity of the public sewer and avoid damage thereto.

Advisory Notes

The Welsh Government have introduced new legislation that will make it mandatory for all developers who wish to communicate with the public sewerage system to obtain an adoption agreement for their sewerage with Dwr Cymru Welsh Water (DCWW). The Welsh Ministers Standards for the construction of sewerage apparatus and an agreement under Section 104 of the Water Industry Act (WIA) 1991 will need to be completed in advance of any authorization to communicate with the public sewerage system under Section 106 WIA 1991 being granted by DCWW.

Welsh Government introduced the Welsh Ministers Standards on the 1st October 2012 and we would welcome your support in informing applicants who wish to communicate with the public sewerage system to engage with us at the earliest opportunity. Further information on the Welsh Ministers Standards is available for viewing on our Developer Services Section of our website-www.dwrcymru.com.

Further information on the Welsh Ministers Standards can be found on the Welsh Government website-www.wales.gov.uk.

If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water’s Developer Services on 0800 917 2652.

Councillor G Price (Local Member)

Correspondence received 29th May 2014 –

Following our telephone conversation I will to request that this application be called into Committee for determination.

The proposed outline application is within the gardens of the Laurels and I would be concerned with further back land development and highway safety on to Waterloo Road.

4 Page 8 Representations

The proposed development was advertised by site display and neighbour notification. At the time of writing this report, 5 representations comprising of 4 letters of objection and 1 of support have been received by Development Management. The comments expressed therein can be summarised as follows;

. Increased traffic numbers and associated impact on highway safety; . Failure to provide off street parking and amenity space for Ty Capel Bach as suggested in earlier submissions; . Failure to complete access and turning head as per the requirements of earlier planning consents; . Land is currently overgrown and unkept – redevelopment will ensure that the application site is tidied which in turn will benefit neighbouring properties (support).

Planning History

P/2008/0772 – Outline: Erection of three dwellings and alterations to existing access. Approved 22/12/2008.

P/2009/0297 – Reserved Matters: Erection of a dwelling and construction of access (Plot 1). Approved 17/07/2009.

P/2010/0136 – Variation of condition 2 of planning approval P/2009/0297 relating to scale and appearance substituting Plan A.288.4 with A.288.6 and plan A.288.3 with plan A.288.8 (Plot 1). Approved 17/06/2010.

P/2010/0185 – Reserved Matters: Erection of a 2 storey dwelling with integral garage (Plot 2). Approved 17/06/2010.

Principal Planning Policies

National Planning Policy

National Planning Policy Wales (2014)

Local Planning Policy

Powys Unitary Development Plan (2010)

SP2 - Strategic Settlement Hierarchy SP5 - Housing Developments SP6 - Development and Transport GP1 - Development Control GP3 - Design and Conservation GP4 - Highway and Parking Requirements HP4 - Settlement Development Boundaries and capacities HP5 - Residential Development HP17 - Backland Development T2 - Traffic Management

5 Page 9 DC10 - Mains Sewage Treatment DC13 – Surface Water Drainage

RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement

Officer Appraisal

Section 38 (6) of the Planning and Compulsory Purchase Act 2004

Members are advised to consider this application in accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, which requires that, if regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise

Having carefully considered the details provided and having visited the application site, the principal matters considered relevant to the determination of the proposed development are as follows;

Principle of Development

The proposed site of development is located within the settlement boundary as defined by the Unitary Development Plan. Within such areas, there is a presumption in favour of appropriate residential development subject to all detailed material considerations being satisfied.

The application seeks consent in outline for two detached dwellings, incorporating land which formed part of an earlier outline approval for three dwellings (P/2008/0772). Whilst two of the previously approved dwellings have now been constructed, Plot 3 was never developed and the time period for the submission of reserved matters has now expired. The current submission therefore seeks to develop plot 3 and further proposes an additional dwelling on the adjoining land.

Given the location of the site and surrounding land uses, Members are advised that the principle of residential development at this location is considered to be fundamentally acceptable.

Character and Appearance

UDP policy HP5 (Residential Development) indicates that proposals for residential development will be permitted providing that the proposal is of a scale, form, character and appearance to reflect the overall character and appearance of the settlement and the sites surroundings.

The application seeks only to establish the principle of residential development with matters including scale, layout, appearance and landscaping reserved for future consideration. Whilst the design, scale and layout of the development is unknown, Officers are satisfied that the application site is capable of accommodating two dwellings without harming the character and appearance of the area or amenities enjoyed by occupants of neighbouring properties. As

6 Page 10 such, the proposed development is considered to be in accordance with planning policy, particularly policies GP1 and HP5 of the Powys UDP.

Highway Safety and Movement

UDP policy GP4 states that permission will be dependent on adequate provision for highway access including visibility, turning, passing, dropped kerbs, circulation and servicing space.

Highway provision, in terms of visibility and standard of access has been the key consideration of the planning application and subject to on-going discussions with the Highway Authority and applicant’s agent.

In their correspondence of the 24th July 2015, the Highway Authority confirms that insufficient visibility is detailed within the submission and in any case, owing to landownership and on street parking, the required visibility cannot currently be achieved. On this basis and given the increased vehicular movements associated with the proposed development, the Highway Authority concludes that the proposal will result in the increased use of a substandard access, detrimental to highway safety. This response is consistent with advice provided in respect of the original outline approval.

Having carefully considered the Highway Authority response, Development Management acknowledges that the proposed development will result in an increased use of the existing access beyond that of the earlier outline consent (P/2008/0772). UDP policy GP4 clearly states that development proposals will be refused where inadequate highway provision including visibility is not provided. In light of the above and Highway Authority comments received, Development Management considers the proposed development to be contrary to UDP policy GP4 as it will have an unacceptable adverse impact on highway safety.

Enforcement Issues

Members will note that the Highway Authority confirms within their consultation response that the access and estate road has not been constructed in accordance with conditions attached to earlier consents (please see planning history). It is advised that this breach is currently being investigated by Development Management.

Whilst informing Members of this position, this remains a separate issue to the current planning application which is required to be determined on individual merit and in accordance with the relevant planning policies.

Recommendation

Having carefully considered the proposed residential development, Officers consider that the proposal fails to provide a suitable access in respect of visibility and therefore is considered to be contrary to planning policy, particularly policies GP1, GP4 and HP5 of the Powys Unitary Development. As such, the recommendation is one of refusal on the ground cited below;

Refusal Reason:

1. The proposed development will result in the increased use of a substandard access in respect of visibility, detrimental to highway safety. The proposed development is therefore

7 Page 11 contrary to policies GP1, GP4 and HP5 of the Powys Unitary Development Plan (2010), Technical Advice Note 18 – Transport (2007) and Planning Policy Wales (2014).

______Case Officer: Holly-ann Hobbs- Planning Officer Tel: 01597 827319 E-mail:[email protected]

8 Page 12 Page 13 The following is the previous report which was considered by the Committee on 9th October, 2014.

Page 14 Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2014/0475 Grid Ref: 306027.91 261978.56

Community Llandrindodod Wells Town Valid Date: Officer: Council: Council 15/05/2014 Matthew Griffiths

Applicant: Mr Robert Wynne, Chapel Cottage, Llanfihangel-Talyllyn, Brecon, Powys, LD3 7TH

Location: Plots 3 & 4 The Laurels, Waterloo Road, Llandrindod Wells, Powys, LD1 6BL

Proposal: Outline: Erection of two detached dwellings (Plots 3 & 4)

Application Application for Outline Planning Permission Type:

Reason for Committee Report

Application requested to be determined at by Committee by area County Councillor.

Site Location and Description

The site is located within the Llandrindod Wells settlement development boundary as detailed in the Unitary Development Plan Inset Maps. The site is accessed off Waterloo Road, the access road into the site is to the north of the property known as The Laurels and terminates in a turning head.

This is an outline application seeking consent for two detached dwellings with all matters reserved for future consideration.

Consultee Response

Llandrindod Wells Town Council E mail of 18 June 2014

The above planning application was placed before my Council at its meeting held on 17th June 2014.

My Council objects to this application as it is contrary to UDP Policies HP17 Backland Development, RDG 8 Backland Development.

Building Control E mail of 3 June 2014

Building Regulations approval will be required for this proposal.

PCC - Highways

1 Page 15 Letter of 23 June 2014:

The application should be refused.

Email of 7 July 2014: I have now been informed and had checked that the measurements upon which I have based my recommendation were incorrect. I therefore withdraw my recommendation of refusal and accept that whilst not absolutely perfect, the access is adequate for the purpose proposed and I therefore do not wish to comment further.

Welsh Water Letter of 17 June 2014

Sewerage

Conditions: Foul water and surface water discharges shall be drained separately from the site. Reason: To protect the integrity of the public sewerage system.

Land drainage run-off not be permitted to discharge, either directly or indirectly, into the public sewerage system. Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment.

Advisory Notes: The Welsh Government have introduced new legislation that will make it mandatory for all developers who wish to communicate with the public sewerage system to obtain an adoption agreement for their sewerage with Dwr Cymru Welsh Water (DCWW). The Welsh Ministers

2 Page 16 Standards for the construction of sewerage apparatus and an agreement under Section 104 of the Water Industry Act (WIA) 1991 will need to be completed in advance of any authorization to communicate with the public sewerage system under Section 106 WIA 1991 being granted by DCWW.

Welsh Government introduced the Welsh Ministers Standards on the 1 st October 2012 and we would welcome your support in informing applicants who wish to communicate with the public sewerage system to engage with us at the earliest opportunity. Further information on the Welsh Ministers Standards is available for viewing on our Developer Services Section of our website-www.dwrcymru.com.

Further information on the Welsh Ministers Standards can be found on the Welsh Government website-www.wales.gov.uk.

If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water’s Developer Services on 0800 917 2652.

Public Response

A site notice was erected on the barriers at the entrance of to the site, off Waterloo Road, no decision was made regarding this proposal for a period of 21 days from the date displayed on the site notice. Neighbouring properties were also notified by letter of the development.

One third party representation has been received, within which the following concerns were raised: • Request a restriction on height to protect privacy • The access track remains unfinished and is hazardous • The turning head is too small to accommodate

Planning History

P/2008/0772: Outline consent for three dwellings and alteration to access (Consented, 22 December 2008)

P/2010/0185: Erection of a two storey dwelling with integral garage, Plot 2, The Laurels (Consented, 17/06/2010)

Principal Planning Policies

National Planning Policy National Planning Policy Wales (7th Edition, July 2014)

Local Planning Policy-Unitary Development Plan for Powys UDP SP2: Strategic Settlement Hierarchy UDP SP5: Housing Developments UDP SP6: Development and Transport UDP GP1: Development Control UDP GP3: Design and Conservation UDP GP4: Highway and Parking Requirements UDP HP4: Settlement Development Boundaries and capacities

3 Page 17 UDP HP5: Residential Development UDP HP17 Backland Development UDP T2: Traffic Management UDP DC10: Mains Sewage Treatment Residential Design Guide for Powys (October 2014)

RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement

Officer Appraisal

Principle of development

This site is within Llandrindod Wells settlement boundary as defined by the Unitary Development Plan Inset Maps, within these defined areas there is a presumption in favour of development, subject to meeting all the detailed considerations.

This application seeks consent for two plots of land which previously formed part of the initial application for four residential dwellings at The Laurels (P/2008/0772), while two of the plots have been developed, the timeframe for submission of reserved matters on plot 3 has now lapsed and as such a new application has been submitted.

Impact of amenity and suitability of design

This application seeks outline consent for two dwellings with all matters reserved, as such design is reserved for consideration at a later date, the level of detail on the submitted plans reflect this approach. The block plans detail the footprint of the properties, these are small in scale and as such is in keeping with the size of each plot.

Llandrindod Town Council objected to the proposal on the grounds it constitutes backland development. UDP policy HP17 permits backland development provided there would be no unacceptable adverse effect to amenity and privacy of existing or proposed dwellings and uses in terms of overlooking, vehicular access, noise and other disturbance. The impact on neighbouring amenity has been raised as a concern within third party representations.

This application does not include the details or location of fenestration on the properties, these details are reserved for consideration under reserved matters. However, the separation distances between the adjacent properties and the proposed dwellings meets the criteria set out in Powys’s Residential Design Guide (October 2004) and is considered to be sufficient to ensure that the amenity currently enjoyed by existing dwellings can be safeguarded.

The existing access passes close to the existing property known as The Laurels and the existing bungalow known as Ty Capel Bach, this access is already in use and serves the properties on the original plots referenced on the plans as plots 1 and 2. Furthermore, there is no fenestration on the side elevations of either of the properties flanking the access way. In order to avoid impact through vehicle noise during construction, any forthcoming consent shall include a condition limiting construction work to normal working hours.

While the detailed design, layout, scale, access and landscaping details have been reserved for future consideration, the size and location of the plots are considered to be of sufficient

4 Page 18 scale to achieve a design and layout which would safeguard the amenity of neighbouring properties.

Highway safety There is an existing access way off Waterloo Road into the site and there is existing infrastructure within the site, primarily a turning head, to allow vehicles to turn and enter and exit in a forward gear.

The highway department initially objected to the proposal based on the width of the site access, however they provided an amended response withdrawing the objection on 7 July 2014. In light of the Highway Authority’s comment no objection on highway safety and infrastructure grounds is considered to be justified.

Recommendation The proposed development is considered to comply with the relevant national and local planning policies. The recommendation is therefore one of conditional consent.

Conditions

1. No development shall commence until matters reserved for further submission of details and plans in this application, namely siting , design, external appearance, means of access, landscaping, have been submitted to and approved in writing and by way of plans stamped approved by the Local Planning Authority.

2. Application for approval of reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

3. 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, whichever is the later.

4. Submission of reserved matters shall include contoured plans of the site and immediately adjoining land and cross sections through the site itself sufficient to demonstrate the existing and proposed levels including finished floor levels of buildings and levels and gradients of roads and driveways.

5. Foul water and surface water discharges shall be drained separately from the site.

6. No surface water shall be allowed to connect, either directly or indirectly, to the public sewerage system unless otherwise approved in writing by the Local Planning Authority.

7. Land drainage run-off not be permitted to discharge, either directly or indirectly, into the public sewerage system.

8. The proposed development site is crossed by a public sewer with the approximate position being marked on the attached Statutory Public Sewer Record. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

5 Page 19 No part of the building will be permitted within 3 meters wither side of the centerline of the public sewer.

Reasons 1. To enable the Local Planning Authority to exercise proper control over the development in accordance with 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. Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 4. In order that the Local Planning Authority can be satisfied that impact on neighbours and internal siting and gradients are acceptable in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan. 5. To protect the integrity of the public sewerage system. 6. To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment. 7. To prevent hydraulic overload of the public sewerage system and pollution of the environment. 8. To protect the integrity of the public sewer and avoid damage thereto.

Notes The Welsh Government have introduced new legislation that will make it mandatory for all developers who wish to communicate with the public sewerage system to obtain an adoption agreement for their sewerage with Dwr Cymru Welsh Water (DCWW). The Welsh Ministers Standards for the construction of sewerage apparatus and an agreement under Section 104 of the Water Industry Act (WIA) 1991 will need to be completed in advance of any authorization to communicate with the public sewerage system under Section 106 WIA 1991 being granted by DCWW.

Further information on the Welsh Ministers Standards can be found on the Welsh Government website-www.wales.gov.uk.

If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water's Developer Services on 0800 917 2652.

6 Page 20 Page 21 This page is intentionally left blank PTLRW92 - 20154

Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2015/0024 Grid Ref: 311749.61 258650.13

Community Glascwm Valid Date: Officer: Council: 07/01/2015 Holly-ann Hobbs

Applicant: Mr Richard Jones, Bwlchau, Bettws, Hundred House, Llandrindod Wells, Powys, LD1 5RP.

Location: Bwlchau, Bettws, Hundred House, Llandrindod Wells, Powys, LD1 5RP.

Proposal: Full: Erection of a single wind turbine 27.13m to blade tip, 20.58 to hub height and 13.10m blade diameter

Application Application for Full Planning Permission Type:

The reason for Committee determination

The proposed wind turbine measures in excess of 24 metres to blade tip.

Site Location and Description

Bwlchau Farm is located within the open countryside approximately 1.6 miles north of Glascwm. The proposed site of development is located approximately 95 metres to the north of the farmhouse and associated buildings and is bounded by agricultural land. Access to the application site is facilitated via an existing access of an unclassified highway.

Consent is sought in full in respect of the erection of a single wind turbine measuring approximately 27.13 metres to blade tip, 20.58 metres to hub. The rotor diameter measures approximately 13.10 metres. The estimated power output is 20kW.

Consultee Response

Glascwm Community Council

Correspondence received 5th February 2015 –

At the last meeting of Glascwm Community Council planning application P/2015/0024 was discussed and the following questions were raised as a concern: 1) Does a turbine have to be placed a minimum number of metres away from a highway and if so what is the distance? 2) Can you please explain what the classification of the bridal way is now if it has been diverted as it is now called a permissive route. What does this mean and who would have access to this?

Correspondence received 18th February 2015 –

1 Page 23 Please be aware that at the last Glascwm Community Council meeting the above application for a wind turbine at Bwlchau was discussed with the outcome that 5 members supported the application with 1 member opposed.

Correspondence received 12th March 2015 -

Please be informed that Glascwm Community Council have no further comment to make on the additional information supplied for application P/2015/0024.

Highway Authority

Correspondence received 13th January 2015 -

The County Council as Highway Authority for the County Unclassified Highway, U1306 wish the following recommendations/observations be applied

Recommendations/Observations

On the basis that the largest component part is as detailed at 6.275m length I am satisfied that delivery to the site will be no different to standard agricultural activity to the farm. I therefore do not wish to comment on this application.

Environmental Health

Correspondence received 20th January 2015 –

Having looked at this application this service would recommend refusal on the grounds that insufficient information has been supplied.

The following list summarises the minimum requirements in respect of noise assessment for all applications for small and medium sized wind turbine developments:-

1. Identification of the nearest noise sensitive premises and details of their respective distances from the proposed development.

2. A modelled assessment detailing the level of turbine noise (LA90) for each identified receptor for all wind speeds up to and including 10m/s.

3. A full and detailed description of the above assessment.

In circumstances where applicants can demonstrate compliance with the simplified methodology contained within ETSU-R- there is no need to proceed with a further assessment.

If however compliance cannot be demonstrated then the applicant will have to proceed with a full assessment under ETSU-R-97.

Cumulative Impact

2 Page 24 One of the most complex scenarios in respect of noise impact from wind turbines occurs when there are multiple turbines in a location.

In respect of cumulative impact ETSU-R-97 states that:-

‘Noise limits and margins above background should relate to the cumulative effect of all wind turbines in the area contributing to the noise received at the properties in question.’

In situations where a turbine already exists or multiple turbines are proposed a cumulative noise impact assessment will be required.

Correspondence received 23rd March 2015 –

Following the submission of a noise report the application has shown that they can comply with the simplified methodology so if members be minded to grant this application then I would recommend the following conditions be attached.

ETSU-R-97 provides a method for determining operational noise limits for wind farm developments. For single turbines or developments where there are large separation distances between turbines and sensitive receptors, a simplified method can be adopted whereby, if operational noise is limited to LA90, 10 min of 35 dB(A) at the closest receptors in wind speeds up to 10 ms at 10m height. This limit may be increased to 45 dB where the occupier of a property has a financial involvement in the application.

1. The wind turbine noise level measured shall be in accordance with the guidance contained within the Department of Trade and Industry Report ‘The Assessment and Rating of Noise from Wind Farms’ (ETSU-R-97) and, as such, shall not exceed an absolute noise level of 35 dB expressed as L A90 10min at any existing dwelling with a non-financial involvement, up to on-site wind speeds of 10m/s measured at a height of 10m.

Bwlchau can be afforded a higher noise level of 45 dB expressed as L A90 10 min as it has a financial involvement.

2. The level of noise emitted by the wind turbine shall be demonstrated at the request of the Local Planning Authority. Should the wind turbine be identified as operating at an absolute noise level that exceeds 35 dB expressed as L A90 10min at any existing dwelling that is not financially involved, and 45 dB at Bwlchau up to on-site wind speeds of 10m/s measured at a height of 10m, the turbine shall be taken out of use until such time as maintenance or repair is undertaken sufficient to reduce the absolute noise level of the operating turbine to within the parameters specified in condition 1.

Reason: In order to maintain and protect the amenity of nearby residents by the reduction of ambient noise levels to an acceptable level in accordance with the requirements of Section 13.13 (Reducing Noise and Light Pollution) of Planning Policy Wales, Edition 4 (February 2011); Technical Advice Note (Wales) 11 (October 1997) and; Policy SP12 (Energy Conservation and Generation) of the Powys Unitary Development Plan, adopted 1st March 2010.

Correspondence received 26th August 2015 –

3 Page 25 I wonder if you could clarify a point please, the Noise Impact Assessment has identified the nearest noise sensitive properties with the exception of Cwm Mawr, West of the proposed turbine, clearly the closest property so I wonder why this has not been included in the calculations.

It is unlikely to breach the 35dB limit but for clarity purposes could the question be asked.

Countryside Services

Correspondence received 22nd January 2015 -

I am writing to express Countryside Services’ views on the proposed development. Countryside Services recommend that turbines are kept at least tip height from footpaths and 200m from public rights of way of bridleway status or higher. The proposed turbine would be 72m from Bridleway BT1615. Therefore, this turbine fails to meet our recommended distance from a bridleway.

The Landscape and Visual Report erroneously refers to the path as a footpath in section 8.5, it is in fact a bridleway. This raises concerns that the impact on horse-riders has not been properly addressed. Please could the visual impact on the bridleway users, especially horse- riders, be assessed by PCC?

The Design and Access Statement is also incorrect. A ‘bridleway diversion order’ is not in progress. The applicant has offered a permissive alternative route, there is nothing in progress to alter the line of bridleway BT 1615. After being on site, the line of the offered alternative permissive bridleway is not acceptable due to the layout of the land and because the route is a dead end. The suggested permissive route ends on a track with no public access.

As the turbine fails to meet our recommended distance from a bridleway and the offered alternative permissive route is unacceptable, Countryside Services object to this application.

Please could the applicant be made aware that at no time should any public right of way be obstructed during the development process and that no materials are to be placed or stored on the line of any public right of way. Any damage caused to the surface of any public right of way must be made good to at least its current condition or better.

Correspondence received 5th May 2015 –

Following a site visit I am writing to express Countryside Services’ updated views on the proposed development. Countryside Services recommend that turbines are kept at least tip height from footpaths and 200m from public rights of way of bridleway status or higher. The proposed turbine would be 72m from Bridleway BT1615. Therefore, this turbine fails to meet our recommended distance from a bridleway.

There is the potential for an additional, permissive alternative route as proposed by the applicant, which keeps more than 200m from the proposed turbine. For the route to be acceptable there would need to be high quality gates installed in two fence lines, minor groundworks at a couple of places, the route would need to be regularly cut in one area due to bracken and vegetation growth, overhanging branches kept clear and all existing gates

4 Page 26 maintained to a high standard for the life of the wind turbine. All of this work should be to the standard as agreed with Countryside Services. I would want to see that a maintenance condition for the permissive route is agreed in writing before we consider removing our objection.

When on-site it was noted that there is a dead-end bridleway in close proximity to the proposed additional permissive bridleway. If the landowner could extend the permissive route to meet with bridleway BT1614 (to the north-west of Ty’n-y-coed buildings) this would be viewed as a positive enhancement to the local bridleway network.

I will wait to hear back about the maintenance of the proposed permissive bridleway and the link to bridleway BT1614.

Correspondence received 14th September 2015 –

Following the receipt of additional information I am writing to express Countryside Services’ updated views on the proposed development. Countryside Services recommend that turbines are kept at least tip height from footpaths and 200m from public rights of way of bridleway status or higher. The proposed turbine would be 72m from Bridleway BT1615. Therefore, this turbine fails to meet our recommended distance from a bridleway.

The applicant has now outlined an additional, permissive alternative route, which keeps more than 200m from the proposed turbine. For the route to be acceptable there would need to be high quality gates installed in two fence lines, minor groundworks at a couple of places, the route would need to be regularly cut in one area due to bracken and vegetation growth, overhanging branches kept clear and all existing gates maintained to a high standard for the life of the wind turbine. The route would also need to be signed and waymarked. All of this work should be to the standard as agreed with Countryside Services. I ask that this be secured through an appropriately worded condition.

They have also put forward an additional permissive route linking BT1614 to the public road. BT 1614 is currently a dead-end bridleway, therefore this is a desirable improvement to the network. The map supplied on the 3rd September does not show the permissive route exactly meeting the end of the bridleway, however I have been assured that this was the intention. Therefore, I wish to see an appropriately worded condition that ensures that the permissive route to be supplied meets the end of bridleway BT1614.

If appropriate conditions can be included to secure the permissive link to meet the end of bridleway BT1614 and to outline that the routes need to be signed and maintained for the life of the wind turbine, Countryside Services can withdraw their objection to this wind turbine.

County Ecologist

No comments received at the time of writing this report.

Natural Resources Wales

Correspondence received 30th January 2015 -

Thank you for your consultation referring to the above proposals.

5 Page 27

Natural Resources Wales brings together the work of the Countryside Council for Wales, Environment Agency Wales and Forestry Commission Wales, as well as some functions of Welsh Government. Our purpose is to ensure that the natural resources of Wales are sustainably maintained, enhanced and used, now and in the future.

Natural Resources Wales (NRW) does not object to the proposal provided the proposed great crested newt avoidance measures are conditioned in any permission your authority is minded to give.

European Protected Species

In our view, the great crested newt and bats are the European protected species considered most likely to be potentially affected by the proposals. These species are protected under the provisions of the Wildlife and Countryside Act 1981 (as amended); the EC Habitats and Species Directive (as implemented by the Conservation of Habitats and Species Regulations 2010 (as amended).

Correspondence received 24th March 2015 –

Thank you for your consultation.

We provided advice regarding this planning application in our response letter sent on the 30/01/2015. We had no objection to the proposal provided that great crested newt avoidance measures are conditioned in any permission your authority is minded to give. In view of the additional information submitted in support of the application, we consider that the advice provided in our previous letter is still relevant

Correspondence received 12th August 2015 -

Thank you for your consultation dated 6th August 2015 referring to the above proposal.

Natural Resources Wales previously responded to this case on 30th January 2015 (Reference NRW-15-018611) and the advice given is still applicable to the proposal. Therefore, Natural Resources Wales does not object to the proposal subject to the conditions that we set out in our response of 30 January 2015.

Natural Resources Wales (NRW) brings together the work of the Countryside Council for Wales, Environment Agency Wales and Forestry Commission Wales, as well as some functions of Welsh Government. Our purpose is to ensure that the natural resources of Wales are sustainably maintained, used and enhanced, now and in the future.

Great Crested Newts

We can confirm that the measures set out in the ecological report would fulfil the condition we requested to avoid impacts on great crested newts.

Landscape

6 Page 28 NRW notes that the Landscape and Visual Impact Assessment (LVIA) was revised during July 2015. We confirm that the latest LVIA does not change our advice and that we do not object because the proposal will not affect a National Park, AONB or a site on the Register of Historic Landscapes in Wales.

Natural Resources Wales does not object to the proposal provided the proposed great crested newt avoidance measures are conditioned in any permission your authority is minded to give.

If the Local Planning Authority should require any further information or clarification, Natural Resources Wales may be contacted at the above address.

Ministry Of Defence

No comments received at the time of writing this report.

Clwyd Powys Archaeological Trust

Correspondence received 22nd July 2015 –

Thank you for the consultation on this single turbine application.

We note the content of the LVIA and the included viewpoints in the new application. The visual impact to the nearest scheduled monument at 1.2km from the turbine is predicted to be slight adverse and we would agree with this. The turbine will lie below the skyline and is partially hidden by topography and intervening vegetation. The turbine is small in overall size and will not form a dominant feature of the landscape for any of the designated sites examined. The turbine will not have a significant impact on the setting of any designated site. There are no other recorded archaeological sites within the application area which would be affected by this development.

We therefore have no objection to this single turbine proposal.

Correspondence received 17th August 2015 –

Thank you for the additional consultation on this single turbine application.

I noted the content of the revised LVIA document and can confirm that there are no archaeological implications for the proposed turbine at this location.

Cadw

Correspondence received 2nd February 2015 -

Thank you for your letter of 9 January 2015 inviting Cadw’s comments on the planning application for the proposed development as described above.

Cadw’s role in the planning process is not to oppose or support planning applications but to provide the local planning authority with an assessment concerned with the likely impact that the proposal will have on scheduled ancient monuments or Registered Historic Parks and

7 Page 29 Gardens. It is a matter for the local planning authority to then weigh Cadw’s assessment against all the other material considerations in determining whether to approve planning permission. The advice set out below relates only to those aspects of the proposal, which fall within Cadw’s remit as a consultee. Our comments do not address any potential impact on the setting of any listed building, which is properly a matter for your authority. These views are provided without prejudice to the Welsh Government’s consideration of the matter, should it come before it formally for determination.

Applications for planning permission are considered in light of the Welsh Government’s land use planning policy and guidance contained in Planning Policy Wales (PPW), technical advice notes and circular guidance. PPW explains that 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 not. Furthermore, it explains that where nationally 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. Paragraph 17 of Circular 60/96, Planning and the Historic

Environment: Archaeology, elaborates by explaining that this means a presumption against proposals which would involve significant alteration or cause damage, or which would have a significant impact on the setting of visible remains.

The proposed development is for a wind turbine of limited scale but in a prominent hilltop location which will be visible from various upland locations in the surrounding landscape. The proposal will be visible from Graig Camp RD112, a later prehistoric hillfort almost 2km to the east of the development site.

The LVIA accompanying the application considers the impact to be reduced by the limited accessibility to the site however, Cadw do not consider public accessibility to a monument a factor in assessing setting of an ancient monument. The views from the monument are likely to be adversely affected by the proposals which will introduce a distracting man-made structure into this landscape which is likely to be seen above the skyline when viewed from the monument. However, the impact although adverse, is unlikely to be considered significant due to the distance between the proposed structure and the monument as well as the limited height of the proposals.

Correspondence received 26th August 2015 –

Thank you for your letter of 6 August 2015 inviting Cadw’s comments on the planning application for the proposed development as described above.

Cadw’s role in the planning process is to provide the local planning authority with an assessment concerned with the likely impact that the proposal will have on scheduled monuments or registered historic parks and gardens. It is a matter for the local planning authority to then weigh Cadw’s assessment against all the other material considerations in determining whether to approve planning permission, including issues concerned with listed buildings and conservation areas. Cadw has no further comments to add to our letter of 2 February 2015 on this application (copy attached).

Built Heritage Conservation Officer

8 Page 30 Correspondence received 31st July 2015 –

Thank you for consulting me on the above application. My comments are solely related to a consideration of the impact of the proposal on the heritage aspects of the landscape only (and not the ecological aspects). However I acknowledge that the landscape cannot be treated in distinct categories as geology, archaeology, ecology and history usually are intertwined in the landscape, with one being the reason for the presence of another.

I would refer to Cadw guidance “caring for Historic Landscapes” ISBN 1 85760 164 5.

The first page sets out guidance for consideration of historic landscapes, “Imagine that you have just one piece of paper of which to write everything. You have to reuse it time and time again, rubbing out some words each time in order to add new information. Eventually you end up with a mixture of lines relating to different times and uses; some of the writing will make sense, but some will be fragmentary. Our present landscape is like that. It is a single landscape but, because it has continually undergone change for around 10,000 years and bears the traces of past use and re-use it is also historic”

The Powys Unitary Development Plan describes the Powys landscape as “Apart from the broad river valleys of the Severn, Wye and Usk and their tributaries, Powys is an area of upland mountain and moorland, well suited to grazing livestock, outdoor pursuits and forestry, but with limited scope for other forms of economic development. However, these characteristics also combine to provide a high quality landscape throughout the area, one which is attractive to tourists and day visitors as much for its remoteness and rugged natural beauty as for its distinctive market towns and remote villages. Statutory designations may receive individual protection but the UDP starts out with the premise that all of the landscape and environment of Powys is of high quality, worthy of conservation, careful management and enhancement”.

National Guidelines from Cadw reiterate that statement

“The entire rural and urban landscape of Wales is an historic asset. However, it is also possible to define individual components of the historic environment, small or large, and including those under the ground or under water, that can be identified as specific historic assets. Historic assets, or combinations of historic assets, of any size, including historic buildings, archaeological sites, historic areas or landscapes, need to be understood and managed at different levels for different purposes. Every historic asset also occupies a site which will have natural environmental values as well as heritage values.

The historic environment is constantly changing, but each significant part of it represents a finite resource. If it is not sustained, its heritage values will be eroded or lost. In addition, its potential to give distinctiveness, meaning and quality to the places in which people live, and provide people with a sense of continuity and a source of identity will be diminished. The historic environment is a social and economic asset and a cultural resource for learning and enjoyment.”

The historic landscape as opposed to the natural landscape, (although the both are often so interlinked to be impossible to differentiate between them) is characterised by mans impact on the landscape throughout millennium. These range through Bronze age hill forts on hill tops, to fortified dwellings, to historic farmhouses of more recent construction religious

9 Page 31 buildings, illustrating pre-reformation, post reformation and non-conformism, and mans impact on the landscape by means of evidence of cultivation, ploughing, enclosure of land, Theme ID Area name Classification Evaluation 3a Visual & Sensory RDNRVS112 Upland Moor Moderate 3b Visual & Sensory RDNRVS107 Rocky Moorland Moderate 3c Visual & Sensory RDNRVS119 Improved Upland Moderate 3d Visual & Sensory RDNRVS108 Upland Moor High 3e Visual & RDNRVS164 Upland Moor High Sensory 4a Historic RDNRHL427 Gelli Hill Outstanding 4b Historic RDNRHL950 Fedw High 4c Historic RDNRHL371 Glascwm Hill Outstanding 5 Cultural RDNRCL017 River Edw Valley Moderate etc.

The application site sits within a landscape that contains many heritage assets, and it would appear that within the 5km area there are;

42 Listed buildings - identified in Appendix 1 43 Scheduled Ancient Monuments - identified in Appendix 1

The above list is merely an indication as to quality and significance of the historic landscape and nothing more, however I note that the listed buildings have been referred to.

I acknowledge that an analysis of land map has been referred to in the submission, I note a recent appeal decision within Powys where the Inspector referred to” the lack of specific references to all of LANDMAP’s 5 aspects and an analysis of how the proposed development would relate to these, particularly in terms of the historic and cultural significance, in my view, diminishes the weight that can be accorded to (her)LVIA. One of the purposes of LANDMAP is to allow a consistent evaluation of the quality of the landscape and if all the factors are not taken into account then this evaluation is likely to be flawed”.

I note the LANDMAP classifications on the site of the wind turbine to be;

Theme ID Area name Classification Evaluation 1 Geological RDNRGL663 Camnant Undulating upland terrain High 2a Landscape habitat RDNRLH023 Mosaic Moderate 2b Landscape habitat RDNRLH051 Improved grassland Moderate 3 Visual & Sensory RDNRVS133 Rolling Hills Hill and lower plateau grazing Moderate 4 Historic RDNRHL914 Edw Irregular Fieldscapes Outstanding 5 Cultural RDNRCL014 Radnor Forest Sense of Place High

I note the Landmap classifications in the wider area within the 5Km zone to be; The number of classifications as outstanding (1) and high (2) compared to moderate are duly noted, and the quality of the landscape is acknowledged.

10 Page 32 I have expanded on the historic and cultural LANDMAP themes as listed above, however this expansion is not complete and other disciplines may have more comments on the other themes.

4. Historic RDNRHL914 Edw Irregular Fieldscapes Outstanding

The LANDMAP summary justifies this designation as a large sinuous area covering the entire length of the Edw and its tributaries. The land is enclosed with systems of irregular fields and is intensely settled and farmed and contains significant archaeological remains of all periods.

The area is classified as outstanding on the historic layer of LANDMAP and classified as very rare in the evaluation due to the multi-layered combinations of monuments. The number of Scheduled Ancient Monuments surrounding the site illustrates this.

As the historic landscape is classified as outstanding and contains a number of heritage assets many of which have been referred to in the LANDMAP summary, I would not consider that the impact of the proposal on the historic landscape has been fully addressed.

5. Cultural RDNRCL014 Radnor Forest Sense of Place High

The LANDMAP summary description identifies this aspect area as remote, inhospitable, unpopulated and convoluted mass of hills with strong historical associations.

The area is classified as high because it is valued as much for its symbolic presence and name for the leisure opportunities it affords in the 21st centuries. The proximity of Sus trans National route 825 is noted

Given the significance of the landscape, I would not consider that the impact of the proposal on the cultural landscape has been fully addressed in the application given the significance of the cultural landscape.

4a Historic RDNRHL427 Gelli Hill Outstanding

I note that this area to the east of Llandrindod Wells is classified as having an outstanding value, and is in a high class of condition and classified as very rare with significant later prehistoric hill forts medieval fragments and mining remains.

Given the significance of the landscape, I would not consider that the impact of the proposal on the historic landscape has been fully addressed in the application given the outstanding value to this very rare landscape.

4b Historic RDNRHL950 Fedw High

This small area on the western edge of the Radnor Forest contains early prehistoric burial mounds, late prehistoric hillforts, medieval settlememt and earthwork castles. It is classed as having a high value and is rare.

11 Page 33 Given the significance of the landscape, I would not consider that the impact of the proposal on the historic landscape has been fully addressed in the application given the outstanding value to this very rare landscape.

4c Historic RDNRHL371 Glascwm Hill Outstanding

This area of unenclosed common runs along an upland ridge, and evidence of early activity indicated by scattered prehistoric burial mounds on hill tops nad medieval building platforms. The area is classified as having an outstanding value and it classed as being very rare.

I am aware that Powys County Council UDP policies support the national aims namely;

 UDP SP 3 - NATURAL, HISTORIC AND BUILT HERITAGE  POLICY GP1 – DEVELOPMENT CONTROL  POLICY ENV2 - SAFEGUARDING THE LANDSCAPE  POLICY ENV 14 - LISTED BUILDINGS  POLICY ENV 17 - ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES  POLICY E3 – WINDPOWER

I am minded of the advice within Cadw document caring for Historic Landscapes which states, “Despite the intensity, variety and scale of landscape change that has happened in many parts of Wales, the fundamental nature of the terrain and the stewardship exercised over centuries by landowners and farmers, along with only limited intensive cultivation and urbanization, have proved ideal conditions for the survival of a great complexity of historic character in the Welsh landscape.

The contribution of local landscapes to people’s quality of life and to the economic well-being of local communities should not be underestimated. Recent research amongst individuals and businesses has clearly shown that one of the main reasons why people invest so much of their time and money in Wales is the quality of the local environment and landscape. Historic landscapes also have a significant role to play in education and tourism, as well as in the recognition of a sense of place, as people increasingly search for a context from the past in the changing world. The Register of Landscapes of Historic Interest in Wales and the results of historic landscape characterisation are now becoming increasingly available on the internet. This information can play an important role in raising awareness, particularly among schoolchildren and students, about the historical development of the area in which we live, helping us to unravel the pattern of the landscape around us through the shape of the fields, the type of field boundaries, the character of the buildings and the archaeological and historical remains.”

Whilst acknowledging that the landscape around the proposed wind turbine is not a landscape on the Landscape Register it is maintained that the landscape is significant in terms of its archaeological interest, cultural interest, architectural and historic interest.

12 Page 34 I am aware of the requirements of Planning Policy Wales (July 2014) which identifies among others the following priorities;

• A thriving and diverse local economy where agriculture-related activities are complemented by sustainable tourism and other forms of employment in a working countryside’; and • An attractive, ecologically rich and accessible countryside in which the environment and biodiversity are conserved and enhanced

These aims are also reiterated in Policies ENV13 and ENV14 of the Powys Unitary Development Plan (adopted March 2010).

I would also refer to Environment Strategy for Wales (2006) which states that ” The strategy recognises that the economy and the environment are closely linked and that a healthy, attractive environment will play a key role in attracting and retaining people to live and work in Wales. “The diversity of the Welsh landscape, and the cities, towns and villages that form part of it, gives Wales its unique sense of place. The landscape and coast is high quality, including large areas which are internationally recognised for their beauty, heritage or biodiversity value.”

The Strategy continues and identifies the challenge of managing the pressures of development, energy use and agriculture on the environment, and to address climate change amongst other challenges relating to the built heritage such as;

 loss of landscape and heritage quality and distinctiveness  poor quality local environments

The Strategy has a summary of 39 outcomes, of which several are relevant in this case including,

 Outcome 23 - The quality and diversity of the natural and historic character of our landscape and seascape is maintained and enhanced.  Outcome 24 - The built environment is high quality and vibrant, reflecting local distinctiveness and supporting strong communities, which are actively engaged in the management of their local environment.  Outcome 26 - The historic building stock and character is maintained to a high standard.

The Strategy identified Local Authorities as the organisation responsible for meeting these outcomes.

I note the classifications of the landscape and would consider that the site is within an outstanding historic landscape, and adjacent to two other outstanding historical landscapes and a 3 high classifications of historical landscape. I would therefore consider that the impact on the landscape should be carefully considered and I would not consider that it has been addressed in this application.

I also note the proximity of Graig Camp and Nant Brook Enclosure Scheduled Ancient Monuments to the site, and the fact that they are identified in the Landscape and Visual Impact Assessment as being within the area of Theoretical Visibility. I note that 7 other SAMs were identified as being within the area of Theoretical Visibility between distances of

13 Page 35 2.8 – 4.3 Km. I would consider that there could be more SAMS than those listed either within the 5 Km study or just beyond, most notably Cefnllys Castle.

I note that the outstanding classifications as identified in Landmap have been referred briefly to in the Landscape and Visual Impact Assessment, however, given the outstanding historical significance of the landscape which is manifested in the number of designated Scheduled Ancient Monuments in that area, I would not consider that the impact on the historic landscape has been fully addressed.

Given the topography of the area and which affords short glimpses when on the roads or cyclepaths, the short range views and medium range views of the turbine may be manageable. However it is noted that there is the potential for longer views when viewed from the footpaths on the upper ground.

I have concerns with the level of information submitted with the application in relation to the historic environment and would not consider that the impact on the historic landscape has been fully addressed given the significance of the landscape, both in terms of the areas where there could be an impact and also from where the turbine would not be visible. This is not a conclusion that there will be an adverse impact on the heritage assets, merely a comment that given the significance of the historic landscape the impact on the proposal has not been fully addressed in the application to enable the impact of the proposal to be assessed within local plan policies. I could therefore not support the approval of this application on the basis of the information submitted.

The listed buildings and scheduled ancient monuments have been identified in the appendices, and in the absence of specific guidance regarding the extent of settings of heritage assets from Cadw, I would refer to guidance from English Heritage which may be useful in the assessment of the heritage assets. https://content.historicengland.org.uk/images-books/publications/gpa3-setting-of-heritage- assets/gpa3.pdf/

APPENDIX 1

Listed buildings within 5 KM

Address of listed building Cadw Reference

Nantddu Farmhouse 9323 Outbuilding at Nantduu Ffarmhouse 9324 Upper Graig Old House 9318 Graig Farmhouse 9316 Outbuilding range 30m SW 0f Graig 9317 Carnau 9310 Ffaldau 9309 Little Graig 9314 Outbuildings at Little Graig 9315 Y-Fraillen 9307 Burton House 9306 Church of St Tecla 9305

14 Page 36 Milestone by road N of Llanloggin 9312 Larch Grove 9313 Vronlase Old Farmhouse 9325 Barn range 50m SW at Vronlase 9327 Cowhouses SW at Vronlase 9326 Little Trewern Farmhouse 9298 Outbuilding attached to Little Trewern 9299 L plan farm ranges to NW of Little Trewern 9300 Llanevan 9257 Barn opposite Llanevan 9258 Cowhouse 10m of Llanevan 9259 Milestone at CornHill 9326 Milestone in verge to E of Gwernargllwydd 9250 Milestone in grass verge below the Van Hill 9268 Milestone in verge 300m w of Fforest Inn 9269 Milestone in verge 500m SW of Llanwenny 9262 Gwern Hwsmon 8804 Upper Llaneon including former cowhouse 83491 Tynycoed including farm range 83490 The Old Mill Hundred House 8811 Fforest Farmhouse 8812 Road bridge E of Crossway 83489 Carneddau 83487 Barn and Stable at Carneddau 83485 Lower Trelowgoed 9368 Neuadd 9302 Church of St Michael Cefnllys 9301 Bailey Einon 9068 Upper Llanoley 9069

Scheduled Ancient Monuments within 5 km of the application site

Address of SAM Cadw Reference

Llandegley Rocks Hillfort RD264 Nant Brook Enclosure RD147 Graig Camp RD112 Crug Eryr Mound and Bailey castle RD003 Llanerch Cup marked rock RD234 Bryn y Maen Round Barrow RD109 Bryn y Maen Alignment RD069 The Fedw Circle RD027 Cwm- Maerdy standing stone RD113 Cwm Twrch Medieval settlement RD165 Giant Grave round Cairn RD218 The Mount Hundred House RD036 Hundred House round barrow RD230 Colwyn Castle RD035 Bryntwppa Stone Row RD236 The Gaer Hillfort RD237

15 Page 37 Castle Barn Ring cairn RD228 Castle Bank Hill fort RD149 Cwm Standing Stone RD229 Gwernfach Round Cairn RD227 Court Stone Row RD224 Court Standing Stone RD225 Upper House platform House RD175 Upper House round Cairns RD223 Pant y Rhiw medieval settlement RD158 Garnfawr deserted medieval settlement RD184 Gelli Hill Round Barrow RD034 Gelli Hill Stone Circle RD028 Gilwern Hill Round Cairn RD239 Gilwern Hill Round Cairn RD240 Pawl Hir ring Cairn RD167 Ffrwd standing stone RD238 Carreg – Wibber Bank Earthwork RD031 Bank House medieval settlement RD159 Cwmbrith round cairn RD156 Cefnllys Castle RD008 Cefnllys medieval settlement & field systems RD150 Bongam bank Round Barrows RD007 Pant Purlas round barrow RD010 Old Castle Mound RD077 LIttle Hill Round Barrows RD009 Broomy Hill Standing Stone RD233 Broomy Hill Standing Stone RD232

Correspondence received 17th September 2015 –

Thank you for consulting me on the revised information in respect of the impact of the proposal on heritage assets.

I am referring to the revised Landscape and Visual Impact Assessment (LVIA) prepared by Lingard Styles dated 31 July 2015.

I note the reference in section 6.1 that expands on the Landmap classifications with High being of regional or county importance and Outstanding being of national or international importance. I would refer to Figure 4B Landmap Historic Landscape Historic Areas, that illustrates the location of the turbine within the Historic Landmap layer and note its location within a cluster of outstanding classifications which are surrounded by both high and moderate classifications.

I acknowledge the analysis into the cultural and historic character areas and note that 3 out of the 4 have a classification of outstanding with the fourth receiving a high classification

I note that the Landmap area RDNRHL914, which has an outstanding classification and is valued to be very rare, is summarised as “Fieldscape of irregular fields occupying the upland valley of the river Edw and its tributaries to the east of Builth Wells. Small to medium sized fields of irregular and regular shape with predominantly hedged boundaries. Early prehistoric

16 Page 38 settlement and land use represented by chance finds and burial and ritual monuments. Later prehistoric activity represented by an Iron Age hillfort. Strategically sited Roman fort and Colwyn Castle. The area includes extensive evidence of medieval settlement and land use denoted by small medieval nucleated church settlements at Aberedw, Llanbadarn-y-garreg, Cregrina, Glascwm, Llansantfraid-in-Elvel, and Rhulen and by scattered earthwork castles. Dispersed farmsteads of possibly of medieval and early post medieval origin, Discrete areas of possibly medieval ridge and furrow cultivation. Small post-medieval roadside settlements at Hundred House and Franksbridge. Post-medieval water corn and woollen mills.”

I note that the Iron Age Fort referred to is Graig Fawr (RD112) some 1.3Km east of the site. I note the conclusion on page 29 of the revised Landscape and Visual Impact Assessment (LVIA) prepared by Lingard Styles dated 31 July 2015, that the anticipated visual effects on the setting of this SAM caused by the proposal are likely to be small scale, localised and of very low magnitude of change giving rise to a slight nature of effect.

I would refer to panorama viewpoint 2 of the revised Landscape and Visual Impact Assessment (LVIA) July 2015 that illustrates the location of the turbine, and note that the Scheduled Ancient Monument of Graig Fawr is immediately out of shot, however would be visible in the same eyeline from anyone stood at that location, and would be visible from public roads and footpaths. It is considered that the locations that both turbine and Scheduled Ancient Monument would be in the eyeline in the medium view would be for some distance along the unclassified roads to the south of Graig Fawr, and from the A44.

I also note photomontage viewpoint 1, which is taken from close to Castell Crugerydd, another Scheduled Ancient Monuments some 4.1 Km from the site and note that the proposed turbine and erected turbine P/2011/115 are both clearly visible. I note that the A44 permits viewpoints looking westwards and as such the proposed turbine will be visible from several locations. I note that P2011/115 is sited closer to the Graig Camp than the proposal, and also that that turbine is lower in height than the proposed turbine that forms this application being 20.4M from ground to tip, and is sited approximately 1KM further west than the current proposal and as such the impact of the existing turbine P2011/115 is clearly indicated on the photomontage. It is considered that the fact that the turbine that is being considered by this application is almost 7M higher and 1Km closer to the A44 and Castell Crugerydd, and as such it is anticipated that its impact could be greater than the existing turbine. I also note that due to its location very close to the northern boundary of Graig Camp and at a lower height than the summit of Graig Camp that the turbine P2011/115 cannot be readily viewed from the south, and medium viewpoints, however the impact on longer term views such as this one is acknowledged.

Figure 5 of the revised Landscape and Visual Impact Assessment (LVIA) July 2015 Illustrates the locations where the proposed turbine would be visible and acknowledge the fact that within the locations where the turbine will be visible the Scheduled Ancient Monuments in close proximity would also have the potential to be visible. Most noteably Graig Hill which is an iron Age Hill Fort and as such located on a prominent hilltop.

Given the significance of Graig Fawr Iron Age Hill Fort and its prominent defensible location, I could not agree with the conclusion on page 29 of the revised Landscape and Visual Impact Assessment (LVIA) prepared by Lingard Styles dated 31 July 2015, that the anticipated visual effects on the setting of this SAM caused by the proposal are likely to be small scale, localised and of very low magnitude of change giving rise to a slight nature of effect. I would

17 Page 39 consider that the impact of the proposal on this Scheduled Ancient Monument would be significantly higher than the slight nature of effect as suggested.

I also note that photomontage Viewpoint 01 A44, illustrates Gilwern Hill some 3-4 KM to the west of Graig Fawr, and acknowledge that the summit of Gilwern Hill is littered with 8 Scheduled Ancient Monuments on its summit and a further 7 on the lower slopes of the Hill. The view from the A44 westwards across the landscape illustrates the historical significance of the landscape – which is characterised as outstanding and the outstanding classifications cover quite a large area (Figure 4B Landmap Historic Landscape Historic Areas).

I would therefore question whether a turbine that is as visible as the turbine proposed as detailed in the Zone of Theoretical Visibility in an outstanding Landmap classification would meet the criteria of Policy E3 of Powys UDP in terms of criteria 1 in terms of adversely affecting the environmental and landscape quality of Powys, and criteria 4 in terms of unacceptably impact upon any buildings or features of conservation or archaeological interest.

I could therefore not support the application which I would consider would have a damaging effect on an outstanding historic landscape and the setting of a significant archaeological landscape and features and Scheduled Ancient Monument Graig Fawr (RD112) in particular.

Penybont & District Community Council

No comments received at the time of writing this report.

New Radnor Community Council

Correspondence received 12th September 2015 -

Please note New Radnor Community Council has no further comment to make on the additional information for the following applications.

Gladestry Community Council

No comments received at the time of writing this report.

Painscastle Communit Council

No comments received at the time of writing this report.

Aberedw Community Council

Aberedw Community Council have no comments to make.

Llanelwedd Community Council

The Council have not received any objections regarding this application but concerns were raised about the number of turbines being applied for in the vicinity and ask if the County Council have agreed on the number which can or will be acceptable. The Councillors have

18 Page 40 had residents expressing unease regarding the number which have come to their notice in the last year.

Disserth & Trecoed Community Council

Correspondence received 14th January 2015 –

The above application was placed before my Council for discussions at its meeting held on 13th January 2015.

My Council wish to object to this application due to visual impact and clustering effect within the area.

Llandrindod Wells Town Council

Correspondence received 20th January 2015 –

The above application was placed before my Council at its meeting held on 20th January 2015.

No objections were made.

Representations

At the time of writing this report 16 representations have been received by Development Management comprising of 10 letters of objection, 4 of support and 2 observations. The comments expressed therein can be summarised as follows;

. Landscape and Visual Impact – Individual and Cumulatively; . Inadequacy and inaccuracy of Landscape and Visual Impact Assessment; . Impact on highway safety and movement; . Impact on the setting of listed buildings; . Impact on the setting of Scheduled Ancient Monuments; . Noise Impact; . Impact on Biodiversity – Protected species and birds; . Impact on tourism . Impact on public rights of way, particularly adjoining bridleway.

Planning History

P/2014/0151 – Application withdrawn.

Principal Planning Constraints

. Listed buildings within proximity of the application site; . Scheduled Ancient Monuments within proximity of the application site; . Bridleway within close proximity of the application site.

Principal Planning Policies

19 Page 41 National Planning Policy

- Planning Policy Wales (2014)

- Technical Advice Note 5 – Nature Conservation and Planning (2009)

- Technical Advice Note 6 – Planning for Sustainable Rural Communities (2006)

- Technical Advice Note 8 – Renewable Energy (2005)

- Technical Advice Note 11 – Noise (1997)

- Technical Advice Note 13 – Tourism (1997)

- Technical Advice Note 16 – Sport, Recreation and Open Space (2009)

- Technical Advice Note 18 – Transport (2007)

- Techncial Advice Note 23 – Economic Development (2014)

-Welsh Officer Circular 61/96: Planning and the Historic Environment: Historic Buildings and Conservation Areas

- Welsh Office Circular 60/96: Planning and the Historic Environment: Archaeology

Local Planning Policy

- Powys Unitary Development Plan (2010)

SP3 – Natural, Historic and Built Heritage SP12 – Energy Conservation and Generation GP1 – Development Control GP3 – Design and Energy Conservation GP4 – Highway and Parking Requirements ENV2 – Safeguarding the Landscape ENV3 – Safeguarding Biodiversity and Natural Habitats ENV7 – Protected Species ENV14 – Listed Buildings ENV17 – Ancient Monuments and Archaeological Sites EC1 – Business, Industrial and Commercial Developments EC7 – Farm/Forestry Diversification for Employment Purposes in the Open Countryside T2 – Traffic Management T3 – Transport Assessment and Travel Plans TR2 – Tourist Attractions and Development Areas RL6 – Rights of Way and Access to the Countryside E3 – Wind Power E4 – Removal of Redundant Wind Turbines DC3 – External Lighting DC9 – Protection of Water Resources DC13 – Surface Water Drainage

20 Page 42 Other:

- The University of Edinburgh, Tourism Impact of Wind Farms (April 2012)

- Wales Tourist Board (2003) Investigation into the Potential Impact of Wind Farms on Tourism in Wales, Cardiff: Wales Tourist Board.

- The Economic Impact of Wind Farms on Tourism – Study into the potential economic impact of wind farms and associated infrastructure on the Welsh Tourism Sector (2014)

RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement

Officer Appraisal

Section 38 (6) of the Planning and Compulsory Purchase Act 2004

Having carefully considered the details submitted, the principal matters considered relevant to the proposed turbine development are as follows;

Principle of Development

Planning Policy Wales acknowledges that the generation of wind energy is a key feature in achieving the vision for renewable electricity production in Wales. It also provides an opportunity to sustain and diversify farming activities within rural areas. Policy therefore seeks to promote proposals for renewable energy developments where appropriate however emphasises that the generation of renewable energy should not be at the expense of the character and appearance of the landscape and therefore a careful balance is needed.

Information submitted in support of the proposed turbine development indicates that the proposal will reduce the existing farm’s reliance on imported electricity but also generate an additional source of income by virtue of the feed in tariffs. On this basis, it is acknowledged that the combined benefits would diversify the farms income sources and reduce expenditure thus securing the future sustainability of the existing enterprise.

In light of the above, it is considered that the proposed development is broadly supported by both national and local planning policy guidance and therefore is considered to be fundamentally acceptable in principle.

Landscape and Visual Impact (including cumulative: existing, proposed and consented schemes)

21 Page 43 Policy E3 states that proposals for wind turbine development will only be permitted where they do not unacceptably adversely affect the environmental and landscape quality of Powys.

The application site is located within the ‘Rolling hills, central south-east aspect area which comprises of two large convoluted areas extending from Wye/Ithon Valleys across to New Radnor Basin. The landscape is recognised as being generally peaceful, with pleasant views comprising of gently rolling hills and valleys with strong pastoral field patterns, wooded watercourses, scattered tress, small woodlands together with numerous small villages and scattered farms. Whilst Landmap recognises the scenic value of the landscape, the aspect area is recognised as being of moderate visual and sensory value. The historic and cultural values are regarded as Outstanding and High respectively.

The application is accompanied by a Landscape and Visual Impact Assessment (LVIA) and includes a Zone of Theoretical Visibility (ZTV’s) together with photomontages and wireframes. A series of sensitive viewpoints have been identified within the 5km study area and includes points along the public highway, neighbouring settlements, public rights of way (including bridleways), Common Land and Scheduled Ancient Monuments.

Development Management acknowledges that the proposed development will introduce a man-made, vertical feature within the landscape, which in some locations will be visible through intrusion and obstruction. Nevertheless, the submitted ZVT’s are based upon bare terrain and do not take account of minor topographical features, vegetation and built structures which reduce the extent of the turbine that will be visible from any one location. Views of the turbine from the public highway are likely to be fleeting along short stretches of road and the views of the proposed turbine from the surrounding public rights of way network (including Bridleways) would be reduced by intervening landscaping, distance and topography. Of particular relevance is the bridleway located within approximately 70 metres of the proposed turbine which is assessed within Bridleway Study (February 2015). Notwithstanding the noted distance, it is considered that potential visual impact will be mitigated through the implementation of a permissive route as discussed later within the report. Furthermore, given the noted distances from adjoining residential properties, it is considered unlikely that their visual amenity would be unacceptably adversely affected.

In light of the above observations, notwithstanding the sensitivity of the surrounding landscape together with the concerns expressed by interested parties, given the scale of the proposed turbine (27.13 metres to blade tip), existing landscape features, topography and relative distances from the identified receptors, it is not considered that the proposed turbine will have an unacceptable impact on the character and appearance of the landscape.

In considering landscape and visual impact, UDP policy E3 requires consideration to be given to potential cumulative impact and as such asks that the proposal be assessed in combination with all existing, proposed and consented wind turbines. Based upon GIS records, it is noted that there are a number of wind turbine developments within a 5km radius of the site and include;

. P/2013/0971 – Variation of Condition 2 of planning approval P/2010/1009 (reduction in hub height to 24.50m and blade tip height to 35.40m at Ty Gwyn Farm, Llandrindod Wells. Operational; . P/2011/0111 – Full: Erection of a 5kw turbine (approximately 18 m to blade tip) at Brynmelys, Hundred House. Consented;

22 Page 44 . P/2011/1115 – Full: Erection of a 15.4 metre (to hub) wind turbine at Cwmmaerdy, Hundred House. Operational; . Full: Erection of 7 wind turbines with maximum tip height of 110m and maximum hub height of 69m together with ancillary development comprising substation, control building, new and upgraded access points and tracks, hardstanding and temporary compound and associated works. Pending determination.

Whilst located outside of the study area, there are a number of turbines located within approximately 10km of the application site which are detailed below;

. P/2012/0870 – Full: Erection of a wind turbine measuring 20.97 metres to blade tip at Eaglestone, Penybont. Operational. . P/2010/1393 – Full: Erection of a turbine measuring 27 metres to blade tip at Cae Banal, New Radnor. Operational. . P/2013/1064 – Full: Installation of a single wind turbine measuring 34.5 metres and associated equipment housing at Penllanerch, Hundred House. Operational (pending determination). . P/2012/0959 – Full: Erection of a single wind turbine measuring 15.5 metres to hub and associated works at Upper Llwyn Tudor, Rhulen. Operational. . P/2013/0489 – Full: Erection of a single wind turbine measuring 27.13 metres to blade tip at Tremaen, Llanfaredd. Operational. . P/2013/0648 – Full: Installation of single wind turbine measuring 34.2 metres to blade tip with control box and all associated works at Maencowyn, Llanelwedd. Operational.

Having carefully considered potential cumulative impact, given the distance of the proposed turbine from existing, proposed and consented wind turbines in the area, scale, topography and intervening landscape features, it is not considered that the proposed development will have an unacceptable adverse impact on the character and appearance of the landscape by reasons of cumulative impact.

In light of the above observations, Development Management is satisfied that the proposed turbine development is in accordance with planning policy, particularly UDP policies ENV2 and E3 of the Powys UDP and as such will not have an unacceptable adverse impact on the landscape.

Highway Safety and Movement

UDP policy E3 indicates that turbine proposals will only be permitted where the site is capable of being served by an acceptable means of highway access and any new or improved roads and accesses required would not have unacceptable environmental impacts.

The application details indicate that the site will be accessed via the public highway and utilise an existing farm track. There are no Abnormal Indivisble Loads associated with the delivery of the proposed turbine.

Following consultation, the Highway Authority has confirmed that they do not wish to object to the proposed turbine development based upon the information provided, particularly the size and nature of the associated loads. In light of the comments received and notwithstanding the concerns expressed within third party representations, it is considered that the turbine components are capable of being delivered to site without having an unacceptable adverse

23 Page 45 impact on highway safety and movement. It is therefore considered that the proposed development is in accordance with planning policy, particularly policies GP4 and E3 of the Powys Unitary Development Plan.

Biodiversity and Ecology

UDP policies ENV3, ENV7 and E3 seek to safeguard biodiversity, protected species and their habitats. This is further supported by Technical Advice Note 5, Planning Policy Wales and legal duties placed on the Local Planning Authority.

The application is accompanied by an Ecological Appraisal which was forwarded to both Natural Resources Wales and the County Ecologist for consideration. The ecological appraisal confirms that the proposal is unlikely to adversely affect bats and birds given the location and scale of the proposal. The report however does indicate that a nearby pond provides a suitable breeding habitat for Great Crested Newts although no presence was confirmed on site.

Following consultation, Natural Resources Wales has confirmed that they do not object to the proposed development providing a suitable condition is attached to any grant of consent requiring reasonable avoidance measures (Great Crested Newts) to be agreed and implemented.

Subject to the above and in light of the advice received, it is not considered that the proposed development will have an unacceptable adverse impact on protected species, their habitats or biodiversity. The proposed development is therefore considered to be in compliance with the aforementioned planning policie in respect of biodiversity and ecology.

Cultural Heritage

Listed Buildings

Planning Policy Wales 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.

There are a number of listed buildings within a 5km radius of the application site, the closest being approximately 2.1 km to the south of the proposed turbine (Gwern Hwsmon). Given the noted distances and scale of the proposed turbine, it is not considered that the proposed development will adversely affect surrounding listed buildings and their settings. In light of the above and notwithstanding the concerns expressed within third party representations, it is considered that the proposed development is in accordance with UDP policies ENV14 and E3.

Scheduled Ancient Monuments

The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application. Where nationally important archaeological remains and their setting 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

24 Page 46 archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development.

There are a number of Scheduled Ancient Monuments within a 5km radius of the application site (please see Built Heritage response above). Within their consultation response, Cadw makes specific reference to Graig Camp (RD112) which is located approximately 2km to the east of the application site (closest SAM). Cadw acknowledges that the views from the monument are likely to be adversely affected by the proposal which will introduce a distracting man-made structure into the landscape which is likely to be seen above the skyline when viewed from the monument. Nevertheless, whilst acknowledging that the impact may be adverse, due to the intervening distances and scale of the proposed turbine, Cadw indicates that the impact is unlikely to be significant.

Further assessment of the potential impact on Graig Fawr is made within the Built Heritage response which challenges the impact as detailed within the submitted Landscape and Visual Impact Assessment (LVIA). Contrary to the conclusions within this document, the Built Heritage Officer considers that the impact of the proposal on the said Scheduled Ancient Monument would be higher than the slight nature of effect as suggested within the LVIA. In addition to the above observations, the Built Heritage response makes reference to Gilwern Hill which comprises of 8 Scheduled Ancient Monuments on its summits and a further 7 on the lower slopes of the hill emphasising the historical significance of the landscape which is characterised by LANDMAP as outstanding.

Whilst acknowledging the scale and noted distances, given the outstanding classification of the landscape and visibility of the turbine as demonstrated in the submitted LVIA, the Built Heritage response concludes that the proposed development would have a damaging effect on an outstanding historic landscape and the setting of a significant archaeological landscape and its features, particularly the nearest Scheduled Ancient Monument – Graig Fawr.

In determining the application, Members needs to carefully consider the impact on the identified Scheduled Ancient Monuments and their settings, in particular whether the harm identified by Cadw and the Built Heritage Officer is outweighed by other factors such as the need for the proposed development and likely benefits. In this instance, whilst Officers acknowledge the scale of the proposed turbine and noted distances, it is considered that the proposed development would have an unacceptable impact the historic landscape and Scheduled Ancient Monuments contrary to policies ENV17, ENV18 and E3 of the Powys UDP, Welsh Office Circular 60/96 and Planning Policy Wales.

Noise and Shadow Flicker Impact

UDP policy E3 indicates that wind turbine proposals will only be permitted where they do not unacceptably adversely affect the occupants or users of sensitive properties or their amenities by reasons of noise, vibration, shadow flicker or reflected lights.

The closest non-associated residential property (Tyn-y-Coed) is located approximately 555 metres south west of the proposed turbine. There are a further 2 residential properties (Gelynen and Hendy) located within 620 metres of the proposed turbine. The application is accompanied by details which indicate that the predicted noise levels will not exceed the 35 decibels specified within ETSU guidance for non-associated properties. The said details were forwarded to the Council’s Environmental Health Officer for assessment.

25 Page 47

Following consultation, a response has been received which confirms that subject to the standard noise conditions being imposed on any future grant of consent, it is not considered that the proposed development will have an unacceptable adverse impact on the amenities enjoyed by occupants of neighbouring properties by reasons of noise.

Guidance suggests that shadow flicker occurs at distances no more than ten rotor diameters. The proposed turbine has a rotor diameter of approximately 13.1 metres. As highlighted, the nearest non-associated residential property is located approximately 555 metres from the proposed turbine which is in excess of 131 metres and as such, it is not considered that the proposed development will have an unacceptable impact resulting from shadow flicker.

In light of the above and on the basis of the advice received, Officers are satisfied that the proposed development is in accordance policy E3 of the Powys UDP, Technical Advice Note 11 – Noise and Planning Policy Wales.

Public Rights of Way

UDP policy E3 indicates that turbine proposals will only be permitted where they do not unacceptably adversely affect the enjoyment and safe use of highways and the public rights of way network especially bridleways (including during the construction period).

Members are advised that Countryside Services recommend that turbines are kept at least tip height from footpaths and 200m from public rights of way of bridleway status or higher. The proposed turbine would be located approximately 72m from Bridleway BT1615 and therefore fails to meet the recommended distance from a bridleway. Nevertheless, Members are advised that a permissive route has been proposed by the applicant which maintains a distance of 200 metres between the bridleway and proposed wind turbine.

Countryside Services have confirmed that the proposed permissive route is acceptable however would need to be waymarked and the route maintained free from obstruction (overhanging branches, bracken and vegetation) for the lifetime of the development. Furthermore, the provision of high quality gates would be needed in two of the existing fence lines.

Having carefully considered the proposed details and comments received, Officers consider that the potential impact on users of the bridleway could be appropriately managed through the implementation of an alternative route. In light of the above and subject to appropriate conditions securing an implementation and maintenance scheme, it is considered unlikely that the proposed development will have an unacceptable adverse impact on the enjoyment and safe use of the public rights of way network.

On the basis of the above, the proposed development is considered to be in accordance with planning policy, particularly policies E3 and RL6 of the Powys UDP.

Socio-economic Impact

26 Page 48 character. The proposed turbine is located within proximity of recreational and tourism assets including public rights of way (including bridleways), cultural heritage assets and open access land.

Policy TR2 of the Unitary Development Plan states that development of any kind which would have an unacceptable adverse effect upon the environmental setting of established tourist attractions will be opposed.

Having researched the subject of the socio-economic impact of wind turbine development; it is considered that there is limited information available. Notwithstanding this, there are two relatively recent Inspector’s Reports that may help Members address this issue which are detailed below. Members however need to ensure that they determine this application on its own merits.

Fullabrook Down Wind Farm (2007): Inspector’s Report (page 48):

“The question of impacts on tourism is extremely nebulous and vulnerable to assessment by assumption rather than by evidence; it is an area where it is easy to hold opinions but harder to back them up with firm data. There is also the fact that in15 or so years of wind farm development no evidence has ever emerged from developed sites that tourism has suffered as a result”.

Middlemoor Wind Farm: Inspector’s Report (2008): (page 89):

“There appears to be no evidence from other parts of the country or abroad to suggest that the presence of wind farms in open countryside has harmed the tourism industry. Both Cumbria and Cornwall have experienced a rise in tourist numbers since the first wind farms were installed. According to the presentation prepared by the British Wind Energy Association to the All-party Parliamentary Group on Tourism, 24 May 2006, surveys and reports investigating wind energy and tourism demonstrate that the effect on tourism is negligible at worst, with many respondents taking a positive view of wind farms.

The presentation argues that the judgement of acceptability based on landscape protection will provide ample protection from tourism since, in general, landscape is more vulnerable to wind farm development than is tourism. Therefore, if there is deemed to be no damage to landscape at the planning stage, there is unlikely to be damage to tourism”

Research has been carried out in the United Kingdom to establish whether wind farms are seen as having a negative impact on tourism. A study carried out by the University of Edinburgh as a submission to the Renewables Inquiry of the Scottish Government entitled “Tourism impact on wind farms”1 provided the following conclusion:

“In conclusion, the findings from both primary and secondary research relating to the actual and potential tourism impact of wind farms indicate that there will be neither an overall decline in the number of tourists visiting an area nor any overall financial loss in tourism- related earnings as a result of a wind farm development.”

27 Page 49 piece of research and is Welsh specific. It is an extensive report (145 pages long), takes in a wide variety of literature and uses case studies to look at the impact of wind farm development. The study is complex, but it is considered reasonable to state that it emphasises the need to look at each case and situation on its own merits. The study offers the following advice in relation to the scale of development and potential considerations:

“5.54 The authors of this study argue that it is the degree to which a development changes the character of the landscape rather than its absolute size that is the driving factor. While there is clearly a relationship between turbine size and number of turbines and the impact on landscape character these findings suggest that landscape context is as important as the characteristics of the development itself in determining impact. That is, a large wind farm in a landscape with lots of other man-made structures could have less of an impact than a single turbine in an area of particularly high landscape value.

5.55 This suggests that the context for the development is a critical factor in determining potential tourism impacts. The findings of relevant studies suggest that the context for the development influences three inter-related factors: the nature of the landscape, the importance of landscape in an area’s tourism offer and the characteristics and interests of visitors to a particular tourism area.”

The report tends to focus on the large scale wind farm development where there is significant landscape change. Paragraphs 5.54 and 5.55 do it is considered highlight the potential for harm to tourism from a single turbine in an inappropriate location. The suggested considerations in 5.55 are considered helpful in assessing this issue e.g. the need to consider the nature of the landscape (and the nature of the change from the turbine), the importance of the landscape in an area’s tourism offer and the characteristics and interests of visitors to a particular tourism area.

The report also identifies that there may be higher sensitivity to wind farms for certain visitor markets in close proximity to wind farms, stating:

9.17 While most of the evidence points toward limited impacts on tourism from wind farms, there are examples of certain locations which are, on balance, more sensitive to wind farm development. This is on account of their landscapes, types of visitor, limited product diversity and proximity to wind farms. This is particularly the case where the key visitor markets are older people visiting for the tranquillity, remoteness and natural scenery offered in some parts of Wales. Remoter parts of Powys are the most notable examples of where this may be the case.

9.18 In these locations, the study has concluded that the potential negative effect on visitor numbers may still be low overall, but in some circumstances could be moderate. The case studies have revealed that there is clearly a great deal of uncertainty around the potential impact which may arise in practice. Greatest concern exists amongst areas and businesses closest to wind farms and appealing to visitor markets most sensitive to changes in landscape quality. The case studies did highlight some businesses reporting negative reaction from visitors and also holding back investment on account of the uncertain impact, although a majority were not affected negatively at all.

9.19 Although these areas account for a small proportion of tourism employment in Wales as a whole, the narrow economic base in these areas means the sector is an important source

28 Page 50 of local employment and income. The businesses in these locations may be sensitive even to small changes in visitor numbers as a result of wind farm development. They may have a particular challenge for businesses replacing those visitors which are deterred in areas where there may be limited appeal for other visitor markets.

The research is not considered to be a categorical statement on the positive or negative impact of wind turbines on tourism. There is also likely to be other research available, but as a Local Planning Authority we are not aware of robust evidence of a detrimental impact. To paraphrase the Inspector’s decision notice above the whole issue of detrimental tourism impacts is a nebulous issue vulnerable to assessment by assumption rather than by evidence. There is little general evidence to support the assertion that the development of wind turbines will always have a detrimental economic impact on tourism.

Whilst the above considers the general situation and identifies some points raised by relevant research; the important consideration to take into account is the impact of this specific proposal on tourism. The area has a scenic value and there are a number of recreational assets as highlighted previously within the report, all of which are likely to be appreciated by tourists, including horse riders and ramblers.

Notwithstanding the Landmap moderate value for the visual sensory aspect area, the area in which the proposed turbine will be located is considered to be generally attractive and relatively tranquil. No particular tourism issue has been drawn to the attention of the local planning authority, beyond the identification of Public Rights of Way and Highways in the locality and the potential of certain groups to be sensitive to the impact of turbines, particularly those engaged in outdoor recreation/horse riding. This should be seen in the context of relatively low tourist numbers and the suggestion that areas of Powys maybe more sensitive due to their remote unspoilt nature and tourism offer as indicated in the 2014 Welsh Government research.

As articulated in the section relating to Landscape and Visual Impact, Development Management considers that the proposed turbine, by virtue of its scale and location is unlikely to have an unacceptable adverse impact on the character and appearance of the landscape. Advising on the impact on tourism is difficult and the Local Planning Authority must be wary of straying into areas of un-evidenced assumption. While it may seem reasonable to consider that some visitors or that particular types of tourists such as horse riders could be put off by wind farm development in this general area, this is not well evidenced. Given the lack of evidence, Members are advised that a recommendation for refusal on the grounds of an adverse impact on tourism is considered difficult to sustain.

Recommendation

Having carefully considered the proposed wind turbine development, Officers consider that the proposed turbine development will have an unacceptable adverse impact on the historic landscape and its features, namely Scheduled Ancient Monuments. Whilst noting the potential farm diversification benefits, it is not considered that this outweighs the harm on the identified historical assets and their settings. The recommendation is therefore one of refusal on the ground cited below;

Reason for Refusal:

29 Page 51 1. The proposed turbine development will have an unacceptable adverse impact on the historic environment including a Scheduled Ancient Monument and its setting. The proposed development is therefore contrary to policies ENV17, ENV18, E3 and TR2 of the Powys Unitary Development Plan (2010), Welsh Office Circular 60/96: Planning and the Historic Environment: Archaeology and Planning Policy Wales (2014).

______Case Officer: Holly-ann Hobbs- Planning Officer Tel: 01597 827319 E-mail:[email protected]

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Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2015/0226 Grid Ref: 324857.09 259116.15

Community Old Radnor Valid Date: Officer: Council: 19/03/2015 Holly-ann Hobbs

Applicant: Mr Terry Griffiths, 6 Courtfold, Old Radnor, Powys, LD8 2RL

Location: Plot Adj To Penygarreg, Old Radnor, Presteigne, Powys, LD8 2RH

Proposal: Outline: Erection of a two storey dwelling and alterations to access

Application Application for Full Planning Permission Type:

The reason for Committee determination

The application is a departure from the Unitary Development Plan.

Site Location and Description

The site subject to this application adjoins the settlement development boundary of Old Radnor. The application site is bounded by residential properties to the east. Located to the north, south and west is agricultural land.

Outline consent is sought in respect of the erection of a two storey dwelling, provision of an access road. The proposal further includes visibility improvements adjacent to the Church Wall. Approval is sought in respect of access, layout and scale whilst appearance and landscaping have been reserved for future consideration.

Consultee Response

Old Radnor Community Council

The Community Council accepts this application.

Highway Authority

Correspondence received 24th April 2015 –

I am sorry for the delay in offering any comment on the above application.

In the first instance I am attempting to establish whether the area around the church wall, which it is proposed will be lowered, forms part of the highway or not. Although I do not dispute the quotation from Jon Maynard Boundaries Ltd it does not actually state that this section of rock is highway just surmises that it is on the basis of other general evidence.

1 Page 55 I would also appreciate signed confirmation of the agreements made at the meeting with St Mary’s Church and their Historical Architect. Clearly the church has an extremely valid interest in the outcome of any works which may be approved to the area outside the wall.

Finally, whilst the description of the works proposed are reasonable they do not satisfactorily depict the extent of removal likely to be necessary to achieve the desired visibility. I consider sections through the affected area at approximately 0.5m centres would assist in the consideration of this important and sensitive work and would be grateful if you would request this additional detail. If it is possible to quantify the extent of soil on rock this will offer greater clarity to the impact of the rock removal.

Thank you for your assistance in this matter.

Correspondence received 19th June 2015 –

Following on from negotiations between the applicant and the Parochial Church Council regarding the works to the bank outside the church wall I have now received a communication indicating that St. Stephen’s Church does not object to the proposals outlined by Mr. Griffiths.

Clearly these works remain a sensitive subject with descendants of those buried just inside the wall for obvious reasons. I must also point out that I do not believe land ownership of this area has been fully clarified.

However on the basis that all works will be carried out with hand tools in a cautious manner and that a condition be imposed which requires details of the work methods and traffic management to be provided before commencement, I do not consider I have further grounds to object to the application.

I therefore recommend inclusion of the following highway conditions on any permission granted:-

HC1 Prior to the occupation of the dwelling any entrance gates shall be set back at least 5.5 metres distant from the edge of the adjoining carriageway and shall be constructed so as to be incapable of opening towards the highway and shall be retained in this position and form of construction for as long as the dwelling/development hereby permitted remains in existence.

HC2 The gradient of the access shall be constructed so as not to exceed 1 in 15 for the first 5.5 metres measured from edge of the adjoining carriageway along the centre line of the access and shall be retained at this gradient for as long as the development remains in existence.

HC4 Within 5 days from the commencement of the development the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 45.0 metres distant in each direction measured from the centre of the access along the edge of the adjoining carriageway and 2.4 metres distant from the edge of the adjoining carriageway and 20 metres in an easterly direction. Nothing shall be planted, erected or allowed to grow

2 Page 56 on the area(s) of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction for as long as the development hereby permitted remains in existence.

HC7 Within 5 days from the commencement of the development the area of the access to be used by vehicles is to be constructed to a minimum of 410mm depth, comprising a minimum of 250mm of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 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.

HC8 Prior to the occupation of the dwelling, provision shall be made within the curtilage of the site for the parking of not less than 3 cars excluding any garage space provided together with a turning space such that all vehicles serving the site may both enter and leave the site in a forward gear. The parking and turning areas shall be retained for their designated use for as long as the development hereby permitted remains in existence.

HC11 Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the parking of all construction vehicles together with a vehicle turning area. This parking and turning area shall be constructed to a depth of 0.3 metres in crusher run or sub-base and maintained free from obstruction at all times such that all vehicles serving the site shall park within the site and both enter and leave the site in a forward gear for the duration of the construction of the development.

HC12 The width of the access carriageway, constructed as Condition HC7 above, shall be not less than 5.0 metres for a minimum distance of 6.0 metres along the access measured from the adjoining edge of carriageway of the county highway and shall be maintained at this width for as long as the development remains in existence.

HC21 Prior to the occupation of the dwelling the area of the access to be used by vehicles is to be finished in a 40mm bituminous surface course for a distance of 5.5 metres from the edge of the adjoining carriageway. This area will be maintained to this standard for as long as the development remains in existence

HC30 Upon formation of the visibility splays as detailed in HC4 above the centreline of any new or relocated hedge should be positioned not less than 1.0 metre to the rear of the visibility splay and retained in this position as long as the development remains in existence.

HC31 The area of each private drive and any turning area is to be metalled and surfaced in bituminous macadam, concrete or block paviours, prior to the occupation of that dwelling and retained for as long as the development remains in existence.

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

HC33 No development shall commence, until a Construction Method Statement has been submitted to, and approved in writing by the Local Planning Authority. The approved statement shall be adhered to throughout the construction period. The statement shall provide details relating to the timing of the works, the contractor, the method of construction

3 Page 57 including engineering drawings where necessary, details of the proposed signing and guarding to the highway and details of measures to minimise disruption to highway users.

I trust compliance with all conditions, particularly HC33, will be secured and for your information include copies of recent correspondence received directly as a result of this submission.

Correspondence received 29th July 2015 –

I refer to the amended plans relating to the above site and have no further comments to make.

Correspondence received 28th August 2015 –

I have received a further two letters from Mr Ellway expressing continued concern about the ownership of the land on which works have been proposed and the rights to carry out those works. As I stated in my response of 19th June there does seem to remain some uncertainty as to who owns and who can give permission for the visibility improvement works on the outside of the churchyard wall.

However, I note the letter from Balfours on the portal which would appear to bring together the owner as stated by Mr Ellway and his support for the works. My final query then remains in respect of the need for permission under the Commons Act 2006 as referred to in Mr Ellway’s 8th August letter.

I am satisfied that the conditions I have recommended can secure the least invasive and safest method of working and do not wish to vary my opinion. I trust the applicant will have fulfilled the necessary requirements for permission to carry out the works before approaching us with the details to discharge the pre-commencement condition if permitted.

Wales & West Utilities

With regards to your above request, this is not Wales & West Utilities area. This falls within National Grid’s area

Countryside Services

Thank you for the opportunity for Countryside Services to comment on the above mentioned application.

From the information made available at this time it is evident to see that public rights of way are going to be affected; namely public footpaths RB1384 and RB1385. Countryside Services understands that the applicant is aware of the public footpaths and has applied for a public path diversion.

Countryside Services would therefore like to state that subject to the granting of planning permission of the outlined application, it would be a requirement that no works take place on the current definitive lines of the two public footpaths until a diversion order has been confirmed. In case the diversion application is not successful, it is requested as a condition of

4 Page 58 the granting of planning approval that no works are able to take place that would interfere with the current legal lines of the footpaths.

Countryside Services therefore has no objection to the outline planning application subject to the condition that the diversion of the public rights of way must be completed before works can take place on the lines of the two footpaths.

Commons Registration

Correspondence received 24th March 2013 –

Thank you for your consultation email concerning the above application at Grid Ref: 324857.09/259116.15.

The proposed access from the adopted highway, unclassified road U1490, to the dwelling involves crossing a small area of land that is registered under the Commons Registration Act 1965 as register unit (Radnorshire) CL 37 – Cross-Stones Common. A copy of the register map is attached.

Commons Registration Records show that:

 The owners of this part of Cross-Stones Common are the Harpton Estate  The Agent for the Harpton Estate is Mr Paul Segrott of Balfours  The common is not subject to any grazing rights

Please be advised that the construction of a new gravel driveway across the area of common land would be unlawful under section 38 of the Commons Act 2006 without additional consent from the Welsh Ministers. The Applicant should consider whether, in addition to the consent of the land-owner, an application for Consent under Section 38 of the Commons Act 2006 is required. Section 38 applies to all registered common land and prohibits the carrying out of ‘restricted works’ without the consent of the appropriate national authority i.e. the Welsh Government. ‘Restricted works’ are defined in the 2006 Act as:-

(a) works which have the effect of preventing or impeding access to or over any land to which this section applies; (b) works for the resurfacing of land (c) the digging of ditches and trenches and the building of embankments

Subsection (4) explains that “…works are for the resurfacing of land if they consist of the laying of concrete, tarmacadam, coated roadstone or similar material on the land…”

Application Forms and Guidance Notes about how to obtain Consent for ‘restricted works’ on common land in Wales are available on the Planning Inspectorate Wales website: http://www.planningportal.gov.uk/planning/countryside/commonland/commonland

Note: Please ensure that you are viewing the Welsh site by checking the flag in the top RH corner; the Application Forms and Guidance for Wales are slightly different to those available for England.

5 Page 59 The Registration Authority also recommends the reading of the Welsh Government ‘Common Land Consents Guidance’ that was published in August 2014, in particular points 4.8 and 4.9. This document is also available via the above website.

Correspondence received 31st July 2015 –

Thank you for your consultation email dated 24th July concerning the amended proposals, specifically, the road junction improvements outlined in red on the Site & Location Plans.

The Commons Registration Authority has noted comments made regarding the ownership of the bank surrounding the churchyard wall. As shown on the Commons Register Map supplied with my email dated 24th March the southern section of the bank is registered as common land under the Commons Registration Act 1965 as CL37(Radnor). The Registration Authority received a claim to ownership, (but not evidence of legal title) in June 1968 from Sir Andrew C L Duff Gordon for CL37 and therefore would advise that consent for the bank improvements should also be sought from the agent for the Harpton Estate.

The applicant should consider whether making an application for consent for the additional works on common land under section 38 of the Commons Act 2006 is required. Further advice can be obtained from the Planning Inspectorate Wales website: http://www.planningportal.gov.uk/planning/countryside/commonland/commonland

Open Spaces Society

No comments received at the time of writing this report.

Ramblers Association

The design and access statement states that the proposed footpath modification has been discussed with the Ramblers Association. I don’t know with whom at RA it has been discussed but it wasn’t me. Now that appendix B is available on your website I have reviewed it and on paper it looks acceptable. I trust that the modifications will be in place before the existing footpaths become obstructed.

Welsh Water

We refer to your planning consultation relating to the above site, and we can provide the following comments in respect to the proposed development.

We would request that if you are minded to grant Planning Consent for the above development that the Conditions and Advisory Notes provided below are included within the consent to ensure no detriment to existing residents or the environment and to Dwr Cymru Welsh Water’s assets.

Sewerage:

Conditions

Foul water and surface water discharges shall be drained separately from the site.

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Reason: To protect the integrity of the public sewerage system.

No surface water shall be allowed to connect, either directly or indirectly, to the public sewerage system unless otherwise approved in writing by the Local Planning Authority.

Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.

Land drainage runoff shall not be permitted to discharge, either directly or indirectly, into the public sewerage system.

Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment.

Advisory Notes

The Welsh Government have introduced new legislation that will make it mandatory for all developers who wish to communicate with the public sewerage system to obtain and adoption agreement for their sewerage with Dwr Cymru Welsh Water (DCWW). The Welsh Ministers Standards for the construction of sewerage apparatus and an agreement under Section 104 of the Water Industry Act (WIA) 1991 will need to be completed in advance of any authorisation to communicate with the public sewerage system under Section 106 WIA 1991 being granted by DCWW. Welsh Government introduced the Welsh Ministers Standards on the 1st October 2012 and we would welcome your support in informing applicants who wish to communicate with the public sewerage system to engage with us at the earliest opportunity. Further information on the Welsh Ministers Standards is available for viewing on our Developer Services Section of our website - www.dwrcymru.corr) Further information on the Welsh Ministers Standards can be found on the Welsh Government website - www.wales.gov.uk

If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water’s Developer Services on 0890 917 2652.

Sewage Treatment:

Advisory Note

We would like to make the developer aware that the proposed site is within close vicinity to a sewage treatment works. DCWW would normally advise that no habitable buildings be developed within a minimum of 150 metres of a sewage treatment works as by the very nature of its operation may give rise to possible effects of noise, fly and odour nuisance.

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

Clwyd Powys Archaeological Trust

Correspondence received 15th June 2015 –

7 Page 61

Thank you for this consultation on P/2015/0226 – Are we talking about the same plot as in application P/2013/0907? If so I think there would be no archaeological implications, as that plot has now been archaeologically evaluated with trial trenching by Nick Tavener in May 2014 and nothing of archaeological value discovered. I think that Mark must have seen the application P/2015/0226 (resubmission?) on planning list and found Nick’s report which was submitted with the application. Our file informs that Mark was happy for development to progress following the evaluation with its negative results for archaeology, and that he confirmed no archaeological implications for the new application P/2015/0226, back in March 2015, I think. We haven’t a copy in the file of the actual email or letter sent to LPA, unfortunately.

Cllr Michael Jones

As local member I wish to call above application. Reason: sustained local interest.

Public Response

At the time of writing this report, 86 representations have been received by Development Management comprising of 81 letters of support and 5 objections. The comments expressed therein can be summarised as follows;

Objections;

. Unjustified development in the open countryside; . Impact on the character and appearance of Old Radnor; . Housing need; . Siting and layout of the proposed dwelling; . Impact on highway safety and movement; . Inadequacy of proposed highway improvements; . Impact on the existing church wall; . Land ownership.

Planning History

P/2012/1120 – Full: Erection of a rural enterprise dwelling and workshop to include creation of an access. Refused.

P/2013/0907 – Full: Erection of a detached dwelling with drive and access. Refused.

Principal Planning Constraints

Public Right of Way within close proximity of the application site Radnor Common Land

Principal Planning Policies

National Planning Guidance

Planning Policy Wales (2014)

8 Page 62 Technical Advice Note 1 Technical Advice Note 5 – Nature Conservation and Planning (2009) Technical Advice Note 6 – Planning for Sustainable Rural Communities (2010) Technical Advice Note 12 – Design (2009) Technical Advice Note 16 – Sport, Recreation and Open Space (2009) Technical Advice Note 18 – Transport (2007)

- Welsh Office Circular 60/96: Planning and the Historic Environment: Archaeology

Local Planning Guidance

Powys Unitary Development Plan (2010)

GP1 – Development Control GP3 – Design and Energy Conservation GP4 – Highway and Parking Requirements ENV1 – Agricultural Land ENV2 – Safeguarding the Landscape ENV3 - Safeguarding Biodiversity and Natural Habitats ENV17 – Ancient Monuments and Archaeological Sites ENV18 – Development Proposals Affecting Archaeological Sites HP4 – Settlement Development Boundaries and Capacities HP6 – Dwellings in the Open Countryside EC1 – Business, Industrial and Commercial Developments EC4 – Local Employment Sites within or adjoinging settlements RL6 - Rights of Way and Access to the Countryside DC8 – Public Water Supply DC9 – Protection of Water Resources DC10 – Mains Sewage Treatment DC13 – Surface Water Drainage

RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement

Officer Appraisal

Section 38 (6) of the Planning and Compulsory Purchase Act 2004

Having carefully considered the details submitted, the principal matters considered relevant to the proposed development are as follows;

Principle of Development

9 Page 63 For the purposes of the Powys Unitary Development Plan, the site subject to this application lies within the open countryside and proposes an open market dwelling which is not intended to meets the needs of a rural enterprise. On this basis, the proposed development is considered to be a departure from the adopted Powys Unitary Development Plan.

Members are advised that a lawful decision to approve a departure can only be made where other material considerations outweigh the provisions of the development plan. Such material considerations include Planning Policy Wales (2014) and UDP policy HP3, which require the Local Planning Authority to ensure that sufficient land is genuinely available or will become available to provide a 5-year supply of land for housing.

The Powys Joint Housing Land Availability Study 2014 (JHLAS) provides information on land availability and indicates a land supply of 1.5 years (as of 01/04/2014) within Powys. Whilst it is anticipated that the new local development plan will allocate land for residential development to address the shortfall in supply, the current figure is below the supply stated within both national and local planning policy and as such, the current application has been submitted on this basis.

In considering the proposed development, Members are asked to consider whether the provision of a dwelling in this location will contribute to the noted shortfall and whether this is regarded as a sustainable location for new residential development. Whilst noting that the provision of a single dwelling is unlikely to significantly impact the current supply, the proposal will provide a family home within a rural area thereby providing a mix of housing which is located within reasonable proximity of larger settlements such as Presteigne and Knighton. In addition to the above, it is understood that there is limited potential for the allocated housing site to be developed as this is within the ownership of Tarmac who we understand currently have no intention to develop the land for housing purposes.

In light of the above and notwithstanding the concerns expressed within third party representations, Officers consider that on balance sufficient information has been submitted to demonstrate the current housing shortfall whilst providing suitable justification for the proposed new dwelling. It is therefore considered that the proposed development is fundamentally in accordance with policy HP3 of the Powys Unitary Development Plan and Planning Policy Wales.

Layout and Siting

UDP policy HP5 (Residential Developments) indicates that proposals for residential development will only be permitted where the scheme is of a scale, form and design which reflects the general character and appearance of the settlement and the surrounding area.

Having visited the application site, it is noted that Old Radnor comprises of a mixed style of housing in terms of form, appearance and external materials. Whilst noting the character and appearance of the properties vary, the layout of the settlement follows a linear pattern which residential properties fronting the highway network.

The proposed site of development adjoins the settlement development boundary and by reasons of siting, it is acknowledged that the proposed dwelling would be located beyond the natural envelope of the settlement. Notwithstanding the above, Officers consider that a

10 Page 64 dwelling is capable of being integrated within the village subject to an appropriate design and landscaping.

Given the topography of the application site it is envisaged that ground levels will be altered thereby providing an opportunity to minimise potential landscape and visual impact, safeguarding existing character and appearance. Furthermore, given the respective ground levels, distance from the existing properties, orientation and design of the proposed dwelling together with the existing vegetation, it is not considered that the proposed dwelling will have an unacceptable adverse impact on the amenities enjoyed by occupants of neighbouring dwellings.

Whilst details relating to appearance and landscaping have not been submitted to date, Officers consider that a suitable design, reflective of existing character and appearance is capable of being secured whilst also safeguarding the amenities enjoyed by occupants of neighbouring properties.

On the basis of the above observations, Officers consider that the proposed development is in accordance with planning policy, particularly policies GP1, ENV2 and HP5 of the Powys Unitary Development Plan.

Highway Safety and Movement

Policy GP4 of the Powys UDP requires adequate highway provision is respect of access including visibility, parking and turning. Access to the proposed dwelling house will be provided via an shared entrance whilst parking and turning provision will be provided within the application site boundary.

Members are advised that an adverse impact on highway safety was cited as a reason for refusal on the two earlier refusals (P/2012/1120 & P/2013/0907). The proposed development includes alterations to the verge adjoining the Church Wall which seek to improve forward visibility thereby enhancing highway safety and addressing the earlier grounds for refusal.

Following the consultation, the Highway Authority has confirmed that they have no objection to the proposed development subject to appropriate conditions, including a requirement for a Construction Method Statement to be submitted prior to development commencing. Subject to the recommended conditions, Officers consider that adequate highway provision is capable of being secured and therefore, on this basis, it is considered unlikely that the proposed development will have an unacceptable adverse impact on highway safety. The proposed development is therefore considered to be in accordance with UDP policy GP4.

Public Rights of Way

The application site is crossed by two public rights of way. Members are advised that details of alternative routes as discussed with Countryside Services accompany the planning application. Any diversion would be subject to a Diversion Order. Members are advised that no objection has been offered by Countryside Services and as such it is not considered that the proposed developments impact on the public rights of way network justifies a refusal in this instance.

Third Party Representations

11 Page 65

Land Ownership

Members are advised that land ownership has been queried within public representations received. The concerns expressed relate specifically to the ground bounding the Church Wall which will subject to the proposed highway improvements should consent be granted.

Whilst the land in question is registered as Common Lane under the Commons Registration Act 1965 (CL37 - Radnor), it is understood that a claim to ownership, (but not evidence of legal title) was received in June 1968 from Sir Andrew C L Duff Gordon. On this basis, Members are advised that notice has been served on the Harpton Estate and confirmation received that there is no objection to the proposed works being undertaken.

Officers are therefore satisfied that the appropriate procedures have been followed in this instance and therefore do not believe that sufficient weight can be given to this in justifying a refusal.

Stability of the Church Wall

Concern has been expressed within third party representations regarding the potential impact of the proposed highway improvements on the stability of the Church Wall. Whilst noting the concerns, it is understood that the works will be undertaken by hand and therefore unlikely to result in significant harm. In any case, upon receipt of the Construction Method Statement, consultation will be undertaken with the Council’s Built Heritage Officer and CPAT.

In light of the above, it is not considered that sufficient weight can be given to this matter in justifying a refusal.

Decision

Having carefully considered the proposed development, Officers consider that the proposal broadly complies with planning policy. Whilst a departure from the development plan, in this instance, the provision of housing in a rural area and lack of development opportunities within Old Radnor is considered to outweigh the plan and therefore justifies the grant of consent as an exception to normal housing policies. On this basis, the recommendation is one of approval subject to the conditions detailed below.

Conditions:

1. The development shall begin 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 of the reserved matters to be approved, whichever is the later.

2. Details of the access, appearance, landscaping, layout, and scale, (hereinafter called ""the reserved matters"") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

3. Any application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission.

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4. The development shall be carried out strictly in accordance with the plans received 19th March 2015 and amended plan received 21st July 2015 stamped as approved.

5. Prior to the commencement of development, full details of the existing and proposed ground levels of the application site together with the proposed finished floor levels of the proposed residential units shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be undertaken in full accordance with the details so approved.

6. Notwithstanding the provisions of Article 3 and Parts 1 and 2 of the second Schedule to the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2013, (or any Order revoking and re-enacting that Order), no development as specified in Part 1, Classes A,B,C,D and E within the curtilage of the dwelling houses hereby authorised shall be carried out without planning permission.

7. Foul water and surface water discharges shall be drained separately from the site.

8. No surface water shall be allowed to connect, either directly or indirectly, to the public sewerage system unless otherwise approved in writing by the Local Planning Authority.

9. Land drainage runoff shall not be permitted to discharge, either directly or indirectly, into the public sewerage system.

10. Prior to the occupation of the dwelling any entrance gates shall be set back at least 5.5 metres distant from the edge of the adjoining carriageway and shall be constructed so as to be incapable of opening towards the highway and shall be retained in this position and form of construction for as long as the dwelling/development hereby permitted remains in existence.

11. The gradient of the access shall be constructed so as not to exceed 1 in 15 for the first 5.5 metres measured from edge of the adjoining carriageway along the centre line of the access and shall be retained at this gradient for as long as the development remains in existence.

12. Within 5 days from the commencement of the development the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 45.0 metres distant in each direction measured from the centre of the access along the edge of the adjoining carriageway and 2.4 metres distant from the edge of the adjoining carriageway and 20 metres in an easterly direction. Nothing shall be planted, erected or allowed to grow on the area(s) of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction for as long as the development hereby permitted remains in existence.

13. 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

13 Page 67 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.

14. Prior to the occupation of the dwelling, provision shall be made within the curtilage of the site for the parking of not less than 3 cars excluding any garage space provided together with a turning space such that all vehicles serving the site may both enter and leave the site in a forward gear. The parking and turning areas shall be retained for their designated use for as long as the development hereby permitted remains in existence.

15. Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the parking of all construction vehicles together with a vehicle turning area. This parking and turning area shall be constructed to a depth of 0.3 metres in crusher run or sub-base and maintained free from obstruction at all times such that all vehicles serving the site shall park within the site and both enter and leave the site in a forward gear for the duration of the construction of the development.

16. The width of the access carriageway, constructed as Condition 13 above, shall be not less than 5.0 metres for a minimum distance of 6.0 metres along the access measured from the adjoining edge of carriageway of the county highway and shall be maintained at this width for as long as the development remains in existence.

17. Prior to the occupation of the dwelling the area of the access to be used by vehicles is to be finished in a 40mm bituminous surface course for a distance of 5.5 metres from the edge of the adjoining carriageway. This area will be maintained to this standard for as long as the development remains in existence.

18. Upon formation of the visibility splays as detailed in condition 12 above the centreline of any new or relocated hedge should be positioned not less than 1.0 metre to the rear of the visibility splay and retained in this position as long as the development remains in existence.

19. The area of each private drive and any turning area is to be metalled and surfaced in bituminous macadam, concrete or block paviours, prior to the occupation of that dwelling and retained for as long as the development remains in existence.

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

21. No development shall commence, until a Construction Method Statement has been submitted to, and approved in writing by the Local Planning Authority. The approved statement shall be adhered to throughout the construction period. The statement shall provide details relating to the timing of the works, the contractor, the method of construction including engineering drawings where necessary, details of the proposed signing and guarding to the highway and details of measures to minimise disruption to highway users.

Reasons:

1. Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

2. To enable the Local Planning Authority to exercise proper control over the development in accordance with Section 92 of the Town and Country Planning Act 1990.

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3. Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

4. To ensure adherence to the plans stamped as approved in the interests of clarity and a satisfactory development.

5. In order that the Local Planning Authority can assess changes in levels in the interest of the character and appearance of the area. This is in accordance with policies GP1, ENV2 and HP5 of the Powys Unitary Development Plan (2010).

6. In order to control future development at this location in the interest of the character and appearance of the building and surrounding area. This is in accordance with policies GP1 and ENV2 of the Powys Unitary Development Plan (2010).

7. To protect the integrity of the public sewerage system in accordance with policy DC10 of the Powys Unitary Development Plan.

8. To prevent hydraulic overloading of the public sewerage system in the interests of the health and safety of existing residents and ensure no detriment to the environment in accordance with policies DC9, DC10 and DC13 of the Powys Unitary Development Plan (2010).

9. To prevent hydraulic overloading of the public sewerage system in the interests of the health and safety of existing residents and ensure no detriment to the environment in accordance with policies DC9, DC10 and DC13 of the Powys Unitary Development Plan (2010).

10. In the interest of highway safety and movement in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan (2010).

11. In the interest of highway safety and movement in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan (2010).

12. In the interest of highway safety and movement in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan (2010).

13. In the interest of highway safety and movement in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan (2010).

14. In the interest of highway safety and movement in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan (2010).

15. In the interest of highway safety and movement in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan (2010).

16. In the interest of highway safety and movement in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan (2010).

17. In the interest of highway safety and movement in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan (2010).

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18. In the interest of highway safety and movement in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan (2010).

19. In the interest of highway safety and movement in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan (2010).

20. In the interest of highway safety and movement in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan (2010).

21. In the interest of highway safety and movement in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan (2010).

Notes

Building Control - This development will need separate prior approval under the Building Regulations before it may proceed - if you have not already done so please contact Building Regulations 01874 612290

Welsh Water - We would like to make the developer aware that the proposed site is within close vicinity to a sewage treatment works. DCWW would normally advise that no habitable buildings be developed within a minimum of 150 metres of a sewage treatment works as by the very nature of its operation may give rise to possible effects of noise, fly and odour nuisance. Our response is based on the information provided by your application. Should the proposal alter during the course of the application process we kindly request that we are re- consulted and reserve the right to make new representation.

______Case Officer: Holly-ann Hobbs- Planning Officer Tel: 01597 827319 E-mail:[email protected]

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Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2015/0670 Grid Ref: 316962.74 318427.57

Community Llanfyllin Valid Date: Officer: Council: 17/07/2015 Kate Bowen

Applicant: Mr Peter Lewis, Caeau, Llanfyllin, Powys, SY22 5LF

Location: Caeau, Llanfyllin, Powys, SY22 5LF

Proposal: Full: Conversion of a barn to a single holiday unit, alterations to access and associated works

Application Application for Full Planning Permission Type:

Reason for Committee determination

The applicant is a County Councillor.

Site Location and Description

Caeau is located approximately 2.5km east of Llanfyllin and approximately 200m north of the A490 highway. The building the subject of the application is attached to the north western part of the property and buildings of Caeau and protrudes at right angles. The building comprises a stone built superstructure with timber frame infill with a traditional formed rafter and purlin roof under a slate roof.

Planning permission was granted under reference M/2006/0057 for conversion of the barn to create two holiday units and alterations to existing vehicular access on 16th March 2006. This application seeks permission for amendments to that previous consent, namely conversion of the barn to a single holiday unit and associated amended external alterations together with alterations to the existing access.

Consultee Response

Llanfyllin Town Council

The Town Council wish to let your office know that they have no objections to the above planning application.

PCC Highway Authority

First response:

1 Page 73 I understand that the previous approval M2006/0057 was subjected to highway improvements and was conditioned accordingly. Can you please verify that that these improvements have been carried out and if not please proceed with enforcement action.

If enforcement cannot be taken can you please attach the same conditions as before.

Second response:

In that case can we ensure the same conditions are used as before then.

PCC Building Control

No response received

Wales & West Utilities

According to our mains records Wales & West Utilities has no apparatus in the area of your enquiry. However Gas pipes owned by other GT's and also privately owned may be present in this area. Information with regard to such pipes should be obtained from the owners.

Safe digging practices, in accordance with HS(G)47, must be used to verify and establish the actual position of mains, pipes, services and other apparatus on site before any mechanical plant is used. It is your responsibility to ensure that this information is provided to all persons (either direct labour or contractors) working for you on or near gas apparatus.

Please note that the plans are only valid for 28 days from the date of issue and updated plans must be requested before any work commences on site if this period has expired.

PCC Environmental Health

First response:

I require further detail relating to the existing foul drainage system, size condition and plan to show its location.

I will also require the agent to confirmation that the system will accommodate the additional waste.

Second response:

Thank you for the additional information.

I have no objection to the application.

PCC Countryside Services

Thank you for consulting Countryside Services on the above application.

A Public Right of Way – Footpath 2 – passes near to the site of the proposed development, across the access road, but does not appear directly affected.

2 Page 74

The right of way must remain open and available for safe unimpeded public use at all times, both during development and following completion. The right of way must not be obstructed.

Clwyd Powys Archaeological Trust

First response:

Thank you for the consultation on this application.

Information held within the Regional Historic Environment Record indicates that although the development appears to have limited sub-surface archaeological implications the proposals will affect a late 18th - 19th century traditional barn which retains some features of local architectural interest including timber-framed elements. It would be unfortunate if this building is now permanently altered for residential use without a basic record of the current form and layout of the structure.

I would therefore ask that the applicant is required to carry out a photographic survey (comprising photographs in high resolution digital format showing each existing internal and external elevation and the site's general location) before development commences, in order to preserve a record of this building in it's original form and layout. To facilitate this I would ask that an appropriate planning condition is attached to any permission granted, and I include below a suggested condition which you may wish to consider using:

Suggested planning condition to facilitate a photographic survey of the building, in accordance with an English Heritage Level 1 specification, prior to development

Development shall not begin until an appropriate photographic survey, equivalent to an English Heritage Level 1 study, of the existing building has been carried out in accordance with details to be submitted to, and approved by, the Local Planning Authority. The resulting digital photographs should be forwarded on a CD to the Local Planning Authority and the Development Control Archaeologist (Clwyd-Powys Archaeological Trust, 41Broad Street, Welshpool, Powys, SY21 7RR. Email: [email protected] Tel: 01938 553670). After approval by the Local Planning Authority, a copy of the photographs should also be sent to the Historic Environment Record Officer, Clwyd-Powys Archaeological Trust for inclusion in the regional Historic Environment Record

Reason: To secure a full photographic record of the original building prior to alteration/conversion

I have also attached a guidance note on completing photo surveys which should be forwarded to the applicant.

Second response:

Thank you for the amended details. In this case our advice for a photographic survey and the already submitted condition will remain the same.

PCC Contaminated Land Officer

3 Page 75 In relation to Planning Application P/2015/0670 the following advice is provided for the consideration of Development Control.

Advice for Development Control Former barns and agricultural land could contain potential sources of contamination depending on what they were used for in the past such as: pesticides, fuels and oils, slurry tanks and pits, fire sites, animal burial pits or other buried waste, fertiliser, sheep dip pits, asbestos, old machinery, waste chemical drums and ammunition. Therefore, the following informant is recommended.

Barn Conversion Informant The development site is identified as potential contaminated land due to its former use as a barn. Due to the potential for contamination issues as a result of this historical industrial use, should any made ground and/or contamination be identified during the works it would be prudent to investigate the potential for such contamination and inform the Councils Senior Contaminated Land Officer immediately.

PCC Ecologist

No response received

Representations

Following display of a site notice and publicity in the local press, one public representation of objection received and summarised as follows:

1. Application lacks an appropriate and thorough investigation of bats commonly resident in traditional farm buildings (as is normal in these types of applications without exception). It is important that a bat survey is undertaken to safeguard and protect their continued existence. 2. In compliance with correct planning protocol, it is essential that all applications should be accompanied by a sound justification.

Planning History

M/2005/0894 - Conversion of barn to create two holiday units and formation of vehicular access. Refused 01.11.2005

M/2006/0057 - Conversion of barn to create two holiday units and alterations to existing vehicular access (resubmission of M2005 0894). Condiitonal consent 16.3.2006

Principal Planning Constraints

 Public Right of Way  A490 Highway  Located within Visual and Sensory LANDMAP Aspect Area of River Severn Flood plain - Flat Open Lowland Farmland (MNTGMVS650). Evaluated as moderate

Principal Planning Policies

4 Page 76 National Planning Policy

Planning Policy Wales (Edition 7, July 2014)

TAN 5 - Nature Conservation and Planning (2009) TAN 6 – Planning for Sustainable Rural Communities (2010) TAN 23 – Economic Development (2014)

Welsh Office Circular 22/87: Development of Contaminated Land

Welsh Government Circular 016/2014: The Use of Planning Conditions for Development Management

Local Planning Policy

Powys Unitary Development Plan (2010)

UDP DC11 - Non-mains Sewage Treatment UDP DC15 – Development on Unstable or Contaminated Land UDP ENV2 – Safeguarding the Landscape UDP ENV3 - Safeguarding Biodiversity & Natural Habitats UDP ENV7 - Protected Species UDP GP1 - Development Control UDP GP4 - Highway and Parking Requirements UDP GP6 - Conversion of Buildings in the Countryside UDP RL6 - Rights of Way and Access to the Countryside UDP TR2 - Tourist Attractions & Development Areas UDP SP3 – Natural, Historic and Built Environment

Affordable Housing for Local Needs Supplementary Planning Guidance (SPG) Approved September 2010, Updated July 2011

RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement

Officer Appraisal

Section 38 (6) of the Planning and Compulsory Purchase Act 2004

Policy and Principle of development

Members are reminded that the principle of converting the building into two holiday units was accepted under the M/2006/0057 permission. That historical permission was considered

5 Page 77 under the Montgomeryshire Local Plan policies and as such consideration of the amended proposal is required under the Powys Unitary Development Plan.

The key local planning policy for conversion of buildings in the countryside is UDP Policy GP6. This policy is hierarchical and encourages preferred uses, firstly an employment use providing industrial, office or research and development premises; followed by a residential conversion as part of a scheme for economic re-use or as a rural workers dwelling; followed by a residential development to meet a proven need for affordable housing. Only where these uses are proven to be unsuitable will conversions to permanent residential use, holiday accommodation or other tourism, leisure and recreation uses be considered.

The comments within the public representations refer to justification for the proposal. UDP Policy GP6 allows two options with which to demonstrate that the first uses in the hierarchy are not suitable. The first is a marketing exercise for a period of at least 6 months and the second is a written justification demonstrating that the first three uses in the hierarchy are impractical. Although a marketing exercise has not been carried out, a Justification Statement has been provided as to why the first three preferred uses would be impractical for this particular development.

In relation to the first use; industrial, office or research and development premises for uses within class B1, the justification statement indicates that there is no demand for such rural buildings for office use because small local businesses operate from their own home or use an office space within the town. In addition, most businesses would prefer to locate within the larger towns of Oswestry or Welshpool, rather than Llanfyllin to increase their business profile. In addition there are vacant properties in Llanfyllin to adequately serve business needs. Furthermore the cost of purchasing and converting a building would be greater than using office space elsewhere. In terms of industrial uses, the justification statement explains that such uses would generate noise and pollution which is unacceptable where there is an adjacent residential occupier. Furthermore, there are vacant industrial units within the locality which would serve such a use.

The second use within the hierarchy is for a residential conversion as a subordinate part of a scheme for economic reuse. The justification statement does not address this section of the hierarchy, however it is accepted that consideration of this tier is similar to the first tier, where there is no local commercial/industrial use to requiring accommodation.

The justification statement indicates in relation to the third use in the hierarchy; a residential development to meet a proven local need for affordable housing that the conversion costs of £1,000 to £1,500 per square metre in comparison to a new dwelling of approximately £1,000 square metre is too costly for an affordable dwelling. In addition, it is stated that the size of the accommodation provided exceeds the size of an affordable dwelling. These per square metre conversion costs are considered reasonable. The internal floor space of the building has been calculated as 124 square metres (accommodation comprising kitchen/dining, living room, utility and wc on the ground floor and three bedrooms, two en-suites and a bathroom on the first floor) which does not exceed the 130 square metres size restriction advised within the Council’s Affordable Housing SPG. However, it is accepted that given the previous planning permission, that Development Management cannot insist upon the provision of an affordable dwelling.

6 Page 78 It is accepted that conversion into one of the uses in tiers I to III are impractical and therefore conversion to permanent residential use, holiday accommodation or other tourism, leisure and recreation uses can be considered. The application seeks consent for a holiday use which TAN 6 highlights as potentially contributing more to the rural economy than residential conversions and may reduce pressure to use other houses in the area for holiday use. On this basis, it is recommended that holiday occupancy conditions are attached to any consent granted.

On the basis of the discussion above and the planning history, it is considered the principle of such use could not be resisted subject to occupancy conditions and consideration of the remaining requirements of UDP policy GP6 and other planning considerations.

Conversion and design

The second part of policy GP6 requires the building to have a history of bona fide agricultural use, with its change of use and associated development not leading to pressure for replacement buildings and the building being of a suitable size and structurally sound and capable of conversion without significant rebuilding or the need for major alterations or extensions.

The building has clearly been used for agricultural purposes historically and as such there is no question of it having a bona fide agricultural use.

In terms of the pressure for replacement buildings, there is no indication that a replacement building is required at Caeau. However if a building is required, the siting and design of such a building in this landscape classified as moderate by the LANDMAP system could be considered at the time of submission. Therefore, it is not considered necessary to include a condition to remove permitted development rights for new buildings on the same holding.

In respect of the third section of Part B of the policy (capability of conversion), the Structural Report indicates that the structural condition and stability of the building means that there is no doubt that the building would provide a structurally adequate base for conversion into a single holiday let. The lack of evidence to suggest that any part of the existing buildings has been subject to significant structural movement, settlement or subsidence damage or to have been affected in anyway by ground movement further emphasises its structural stability for its future use. On the basis of the conclusions of the structural report, it is considered that the proposal complies with the third section of Part B of Policy GP6.

In respect of the need for major alterations or extension, it is proposed to remove the existing lean to log store on the rear elevation and construct an open sided timber porch on the front elevation. In consideration of the size of the porch, this minor extension is considered acceptable. Otherwise the alterations consist of the insertion of roof lights and windows. In considering proposals for conversion of traditional buildings, good design seeks to retain the character and appearance of the building as far as possible and advises that domestic additions and features should be avoided. It is noted that the proposal introduces a substantial amount of glazing on the rear elevation, however the submission explains that these openings are located where the historic structural members have been replaced by modern studwork and the design seeks to provide the ‘wow factor’ to assist in letting the property as a viable business. In addition, additions such as porches are not usually encouraged due to their domestic appearance. However, the porch would be located on the

7 Page 79 elevation facing the dwelling and this area of the site already possesses a domestic characteristic. In consideration of the overall design, the location of the building, attached to a domestic property along with the proposed end use, it is considered that the proposal would not have a detrimental impact upon the character and appearance of the building in accordance with UDP Policy GP6. It is recommended that a condition removing permitted development rights is attached to any consent granted to ensure that the property is not extended or altered in the future without applying for planning permission and ensuring that development is sensitive to the character of the building.

The proposal does not include details of boundary treatments and therefore in order to ensure such treatments are appropriate to the rural location, it is recommended that a condition is attached to any consent granted to require the submission of a hard and soft landscaping and boundary treatment plan and its implementation.

Overall, it is considered that subject to the conditions discussed above, the conversion and design of the proposal is acceptable and would not warrant refusal of the application.

Amenity

The dwelling of Caeau is within the same ownership as the building the subject of the application and as such any concerns over the impact upon the amenities enjoyed by the occupiers of Caeau are alleviated by this ownership and the proposed use as a holiday let. If it was proposed to use the building as a residential dwelling, further consideration may be required in respect of amenity and in particular privacy.

Otherwise the nearest neighbouring property is located over 100 metres distant and as such there are no concerns over the impact upon the amenities enjoyed by the occupiers of neighbouring properties.

Highway access and parking

The M/2006/0057 consent was granted approval subject to a number of conditions requiring improvements to the existing access off the A490. Following a site visit with the Highways Officer it is clear that the requirements under conditions 9 (visibility) and 12 (width of first 11 metres of access) have not been implemented yet. Given that the holiday use has not been commenced under the 2006 permission, additional traffic generation from the use has not yet occurred and as such no harm has been caused by this. The Highway Officer has recommended that all the relevant highways conditions are reapplied and this approach is agreed with in consideration of the traffic speeds along the A490 at this location and the nature of the existing access and proposed increase in vehicular movements. The site includes ample parking and turning facilities for the proposed use within the yard area to the front of the building.

Ecology

The application is not accompanied by an ecological survey to assess the impact upon protected species, in particular bats. As the public representations comment, proposals for barn conversions are normally required to be accompanied by a protected species survey to allow assessment of the impact upon such species.

8 Page 80 The submission states that a survey has not been carried out because the barn has recently been re-roofed. This work involved re-felting, re-battening on new timbers and the reclaimed slates being re-laid. Therefore it is asserted that the risk of disruption to protected species is low. Ecological enhancements in the form of the provision of a bat box, some bird boxes and native planting are proposed.

This situation is uncommon but not unheard of and as such advice has been sought from the Council’s Ecologist. Hopefully, a response will be provided prior to the Committee meeting for inclusion as an update for Members.

Contaminated Land

The Council’s Contaminated Land Officer has advised that former barns and agricultural land could contain potential sources of contamination depending on what they were used for in the past such as: pesticides, fuels and oils, slurry tanks and pits, fire sites, animal burial pits or other buried waste, fertiliser, sheep dip pits, asbestos, old machinery, waste chemical drums and ammunition. Therefore, to ensure that the applicant/landowner is aware of this potential an informant has been recommended. It is considered that the inclusion of such an informant would be useful and should be included within any decision notice issued.

Disposal of foul sewage

Planning policy encourages mains disposal of foul sewage unless such connection is not physically possible or acceptable. Given the location, mains connection is not considered possible and it is proposed to use an existing septic tank. Following the submission of additional details relating to the existing septic tank, the Environmental Health department have confirmed that there is no objection to the application. On the basis of this advice, it is considered that the proposal would provide an adequate means of foul sewage disposal without causing pollution in compliance with UDP Policy DC11.

Historic Interest of the building

CPAT have advised that the proposal will affect a late 18th - 19th century traditional barn which retains some features of local architectural interest including timber-framed elements. It would be unfortunate if this building is now permanently altered without a basic record of the current form and layout of the structure. Therefore it is recommended that a photographic survey of the building is carried out prior to works taking place. In order to ensure that the building is recorded prior to alteration, it is considered reasonable to attach such a condition.

Impact upon public right of way

IIt is noted that a Public Right of Way (Footpath 2) passes near to the building, across the access road at a distance of approximately 40 metres.

The proposed alterations to the barn itself would not directly affect the route, however it is recommended that the advisory comemnts from the Countryside Services department are attached to any consent granted for information purposes.

In terms of impact upon the environmental setting of the public right of way, given the distance involved between the right of way and the building the subject of the application

9 Page 81 together with the character of the site already being in some residential use, it is considered that the proposal would not be out of character or scale in the locality and as such the proposal would not unacceptably adversely affect the environmental setting of the public right of way as a tourist attraction in accordance with UDP Policy TR2.

Conclusion

Taking into account that the principle of conversion has been established by the M/2006/0057 permission, conversion to a single holiday let is considered to comply with the requirements of the first part of UDP Policy GP6 subject to the use of holiday occuoancy conditions. Subject to the receipt of the Ecologist’s advice on protected species and the use of conditions the proposal is considered to comply with the remainder of UDP Policy GP6 and other material planning considerations. The recommendation is one of conditional consent.

Recommendation

Conditional Consent 1. The development to which this permission relates shall be begun no later than the expiration of five years from the date of this permission. 2. The development shall be carried out strictly in accordance with the plans stamped as approved on xxxx (drawing no's: 359/01). 3. Notwithstanding the provisions of schedule 2, part 1 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended for Wales) (or any order revoking and re-enacting that order with or without modification), no extensions, additions, buildings, porches, chimneys etc shall be erected other than those expressly authorised by this permission and shown on plan number 359/01. 4. Prior to the occupation of the holiday unit hereby approved a plan indicating the positions, height, design, materials and type of boundary treatment to be erected shall be submitted to and approved by the local planning authority. The boundary treatment shall be completed as approved before the use is commenced. 5. Prior to first use of the holiday unit a scheme of landscaping shall be submitted to and approved in writing by the local planning authority. The scheme shall include indications of all existing trees (including spread and species) and hedgerows on the land, identify those to be retained and set out measures for their protection throughout the course of development together with proposed landscaping measures. 6. The unit hereby approved shall only be occupied as holiday accommodation and not as permanent residential accommodation. 7. The owners/operators shall maintain an up to date register of all the names of owners/occupiers of the unit and of their main home addresses. This information should be available to the planning authority on an annual basis and be maintained and retained for inspection at all reasonable hours. 8. The holiday unit shall not be occupied as a person's sole or main place of residence. 9. Any entrance gates shall be set back at least 15 metres distant from the edge of the adjoining carriageway and shall be constructed so as to be incapable of opening towards the highway and shall be retained in this position and form of construction for as long as the development hereby permitted remains in existence. 10. The gradient of the access shall be constructed so as not to exceed 1 in 15 for the first 9 metres measured from edge of the adjoining carriageway along the centre line of the access and shall be retained at this gradient for as long as the development remains in existence.

10 Page 82 11. The centre line of the first 9 metres of the access road measured from the edge of the adjoining carriageway shall be constructed at right angles to that edge of the said carriageway and be retained at that angle for as long as the development remains in existence. 12. Within 5 days from the implementation of this permission the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 187 metres distant in each direction measured from the centre of the access along the edge of the adjoining carriageway and 5.5 metres distant from the edge of the adjoining carriageway and 12 metres in each direction. Nothing shall be planted, erected or allowed to grow on the area(s) of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction for as long as the development hereby permitted remains in existence. 13. 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 450mm 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 15 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. 14. Prior to the occupation of the holiday unit, provision shall be made within the curtilage of the site for the parking of not less than two cars per unit excluding any garage space provided together with a turning space such that all vehicles serving the site may both enter and leave the site in a forward gear. The parking and turning areas shall be retained for their designated use for as long as the development hereby permitted remains in existence. 15. The width of the access carriageway shall be no less than 5.5 metres for a minimum distance of 11 metres along the access measured from the adjoining edge of the A490 highway. 16. A radius of 9 metres shall be provided from the carriageway of the county highway on each side of the access to the development site. 17. The centreline of any new or relocated hedge should be positioned not less than 1.0 metres to the rear of the visibility splay. 18. Development shall not begin until an appropriate photographic survey, equivalent to an English Heritage Level 1 study, of the existing building has been carried out in accordance with details to be submitted to, and approved by, the Local Planning Authority. The resulting digital photographs should be forwarded on a CD to the Local Planning Authority.

Reasons 1. Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2. To ensure adherence to the plans stamped as approved in the interests of clarity and a satisfactory development. 3. In order to control further development which has the potential to have adverse effects on the character and appearance of the building in accordance with Policy GP6 of the Powys Unitary Development Plan (2010). 4. To ensure that the proposal shall not have an unacceptable adverse effect on the character and appearance of the landscape in accordance with Policies ENV2 and GP6 of the Powys Unitary Development Plan (2010). 5. To ensure that the proposal integrates into the surrounding landscape and that ecological enhancement is provided in accordance with Policies ENV2, ENV3 and GP6 of the Powys Unitary Development Plan (2010).

11 Page 83 6. In order to ensure proper control of the use of the holiday unit and to prevent the establishment of permanent residency. 7. In order to ensure proper control of the use of the holiday unit and to prevent the establishment of permanent residency. 8. In order to ensure proper control of the use of the holiday unit and to prevent the establishment of permanent residency. 9. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 10. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 11. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 12. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 13. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 14. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 15. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 16. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 17. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 18. To secure a full photographic record of the historic interest of the building prior to alteration/conversion.

Notes

- Advice from Contaminated Land Officer:

The development site is identified as potential contaminated land due to its former use as a barn. Due to the potential for contamination issues as a result of this historical industrial use, should any made ground and/or contamination be identified during the works it would be prudent to investigate the potential for such contamination and inform the Councils Senior Contaminated Land Officer immediately.

- A Public Right of Way - Footpath 2 - passes near to the site of the proposed development, across the access road, but does not appear directly affected.

The right of way must remain open and available for safe unimpeded public use at all times, both during development and following completion. The right of way must not be obstructed.

- Advice from Wales & West Utilities:

12 Page 84

Please note that the plans are only valid for 28 days from the date of issue and updated plans must be requested before any work commences on site if this period has expired.

- Please see the attached guidance note on completing photo surveys.

______Case Officer: Kate Bowen- Planning Officer Tel: 01938 551268 E-mail:[email protected]

13 Page 85 Page 86 PTLRW92 - 20157

Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2015/0296 Grid Ref: 314285.78 319479.76

Community Llanfyllin Valid Date: Officer: Council: 02/04/2015 Kate Bowen

Applicant: Mr & Mrs Mayor , Coed Llan Lane, Beulah, Llanfyllin, Powys, SY22 5AT

Location: Lower Crosskeys, High Street, Llanfyllin, Powys, SY22 5AT

Proposal: LBC: Listed building consent for various internal and external alterations including new fire escape to side and rear in connection with proposed conversion of public house to community meeting place and refurbishment of flats

Application Application for Listed Building Consent Type:

Reason for Committee determination

One of the applicants is a County Councillor.

Site Location and Description

Lower Crosskeys is a grade II listed building situated on the northern side of High Street within Llanfyllin. The Lower Crosskeys was previously a public house which ceased trading in approximately 2011. The first floor comprises of two flats with the ground floor remaining as it was when the public house closed with a bar and associated facilities.

The listing description states that the property has origins as a sixteenth century hall house with three-gabled front probably added in the eighteenth century. The building is two storey with three gables facing the road with the main range parallel to the road. The listing description states that the front is of local brick which is painted, however the property is not currently painted. The listing description indicates that the property was listed for its group value.

The application seeks listed building consent for the following works:

Front elevation 1. Painting of existing brickwork of front elevation with breathable paint; 2. Replacement of main front entrance door;

Ground floor 3. Painting of existing windows; 4. Grinding of existing aggregate concrete floor to reveal aggregate in bar/lounge area; 5. Repair/re-fix existing parquet flooring and fix new edge profile to protect flooring edge in bar/lounge area;

1 Page 87 6. Replacement of exterior staircase at rear with a new steel spiral staircase; 7. Installation of external steel staircase to provide separate access to first floor flat; 8. Alteration to first floor rear window into doorway; 9. Replacement of existing door on side ground floor with a new door; 10. Enlarge rear ground floor opening for installation of bi-fold door to rear ground floor elevation modern flat roof extension; 11. Provide new plumbing, radiators and electrics; 12. Reconfiguration of the old mens’ toilets; 13. Replacement of modern window on rear elevation with French doors;

First Floor 14. Creation of new opening (in modern brickwork) in side elevation for new separate flat access; 15. Formation of new stud work over existing stairs, blocking existing route; 16. Removal of modern stud work and joinery and reconfiguration of space; 17. Removal of studwork and plasterboard around existing internal truss and expose existing historic timber members; 18. Installation of new bedroom fire escape window to side elevation (west) with obscured glazing and installation of new low profile window over; 19. Removal of ceiling joists and plasterboard (over modern section) and fully vaulted ceiling, providing new steel ridge purlin and support larch trusses. New sloping ceiling to be insulated with breathable rock wool and wood fibre board and finished with lime plaster; 20. Install direct glazing over the modern section of the roof; 21. Introduction of high external opening in proposed kitchen, opening to be vaulted and in filled with direct glazed paint timberwork; 22. Enlargement of external opening in proposed dining room opening to be vaulted and in filled with direct glazed paint timberwork; 23. Replacement of deteriorated timber dormer window with new softwood framework and new window; 24. Exposition of existing covered staircase; 25. Installation of two log burning stoves, one with new stainless steel flue (to penetrate modern fibre slate roof) and other stove is to connect to existing chimney stack; 26. Removal of modern staircase from the existing first floor flat into public house section; and 27. Provision of new plumbing, radiators and electrics.

Consultee Response

Llanfyllin Town Council

The Council wish to thank you for giving them the opportunity to comment on the above applications.

The Town Council fully supports the applications.

PCC Building Control

No response received

PCC Built Heritage Officer

2 Page 88

Correspondence received 03/06/2015:

Thank you for consulting me on the above application, and for the additional information and amendments.

I note the works that have been undertaken to the property by the previous owner, some of which may have been without listed building consent, and I note the fact that works were underway are referred to in the list description.

The interior of the building has been compromised and I would not consider that the current proposal would have an impact on the interior of the property, and that the little remaining timber work on the first floor is to be exposed.

I would therefore have no objections to the internal works.

The external works are mainly at the rear, which again have been compromised by the modern flat roofed extension, and the conversion of the outbuildings.

I would not consider that the proposed works to the rear of the property would have an adverse impact on the character or appearance of the building. However, I note however that the existing flue which are stainless steel, and the proposed flue is to be stainless steel and note that at the meeting on site the flues were to be coloured black to minimise the impact, and would request that that new flue be coloured black/slate grey, and would request that consideration be given to the colouring of the existing flue.

There appears to be insulation indicated on the roof light cross section, however the proposed vaulted section indicates that a breathable rockwool would be used as insulation. I would suggest that a notwithstanding condition be applied to the details shown on the roof light drawings for the avoidance of doubt.

I would suggest a condition requiring the details of the colour of the fenestration on the rear elevation.

On the front elevation, I note that the proposed glazed door to the current blocked up doorway, and whilst I note that there was a doorway in the LHS section, it is considered that a fully glazed door is not appropriate for the new opening, or for the front door. I had understood that this element of the application was to be amended with a glazed internal door on the internal lobby and to retain a solid front door. I would wish to see amended plans on this aspect of the proposed works, as the introduction of two fully glazed doors would not be considered appropriate for a building of this age, character or appearance and as such I would not consider that this element would satisfy Policy ENV14 of the Powys UDP and should be omitted from the application.

I am mindful of the advice in Sections 16 and 66 of the Planning (Listed Buildings and Conservation areas) Act 1990, and paragraph 11 of Welsh Office Circular 61/96 which states “Sections 16 and 66 of the Act require authorities considering applications for planning permission or listed building consent for works which affect a listed building to have special regard to certain matters, including the desirability of preserving the setting of the building.”

3 Page 89 However, I would also refer to more recent guidance in paragraph 6.5.9 of Planning Policy Wales 7th edition 2014 which states, “Where a development proposal affects a listed building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses.”

I note that the proposal also includes an intention to paint the front elevation, I note the old photograph within the design and access statement and also the original within the building. I note the colour of the brickwork and that the three gables are slightly different brickwork, which indicates different construction periods that is interesting. However I also note the predominant materials within the town, which are a mixture of red brick, render some stone and to a lesser extent the more buff coloured brick.

Given the photographic evidence and the character of the building, I would not wish to object to the painting of the building, however, I would request that details of the paint be submitted to ensure that the paint is breathable.

I would request that amendments be sought with regard to the doors on the front elevation and the colour of the flues, and upon receipt of the amended details I would suggest the following conditions be applied in this instance

No new plumbing, pipes, soil stacks, flues, vents, ductwork grilles, security alarms, lighting, cameras or other fixtures shall be attached to the external faces of the building other than those shown on the approved drawings or otherwise first approved in writing by the Local Planning Authority. Reason: To ensure the special character, architectural interest and integrity of the building is preserved

All windows and doors in the external elevations shall be fabricated in timber, which shall be painted a colour to be submitted to and first approved in writing by the Local Planning Authority and they shall be retained in such a form thereafter. The new windows shall be set back the same depth from the elevation as the other windows within the property. The windows shall be puttied not beaded and the new windows shall be painted a colour to be first agreed in writing, and shall remain painted, and of the same design, materials and appearance thereafter. The development shall be carried out in accordance with the approved details. Reason: To safeguard the character and appearance of this grade ll listed building in accordance with policy ENV 14 of the Powys Unitary Development Plan.

Details or trade descriptions of the external paint (which shall be breathable) including the colour shall be submitted to and approved in writing by the Local Planning Authority before any work on site commences. The development shall be carried out in accordance with the approved materials. To safeguard the character and appearance of this grade ll listed building in accordance with policy ENV 14 of the Powys Unitary Development Plan.

All new materials to be introduced to the site, not previously agreed by condition shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved materials. To safeguard the character and appearance of this grade ll listed building in accordance with policy ENV 14 of the Powys Unitary Development Plan.

4 Page 90

Any alterations to the external elevations shall be made good using matching and where available original materials. Prior to works commencing details of the proposed materials and means of application shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved materials and details. To safeguard the character and appearance of this grade ll listed building in accordance with policy ENV 14 of the Powys Unitary Development Plan.

Correspondence received 10/09/2015:

Thank you for consulting me on the amended plans on the above.

I note my comments with regard to the front door being replaced have been taken into account and I would withdraw my objection to that element of the works.

I note that the flue will be coloured slate grey which is preferable to the stainless steel.

I note the further amendment to the rear elevation in that the modern window is to be replaced with French doors and I would not consider that this amendment is such to revise my comments in regard to the works to the rear elevation.

Clwyd Powys Archaeological Trust

Correspondence received 09/04/2015:

Thank you for the consultation on this LBC application.

Information held within the Regional Historic Environment Record indicates that although the development appears to have limited archaeological implications the proposals will affect a Grade II listed building, which is of national architectural and historical interest.

The proposed alterations are generally sympathetic to the historic fabric of the structure with no intervention into the original medieval hall-house timber framing. There will also be some beneficial opening up of partially visible framing so that the history and plan of the earlier building will actually become more visible.

We would therefore have no objection to the proposed alterations.

Correspondence received 17/08/2015:

Thank you for the consultation on this LBC application.

The proposed internal and external works appear to be sympathetic to the original timber framed structure inside and appear to wholly relate to the alteration of modern features.

We would therefore have no archaeological requirements relating to this application.

Representations

5 Page 91 Following display of a site notice, publicity in the local press and neighbour notification, no public representations have been received.

Planning History

P/2015/0312 - Full: Change of use of public house to form community meeting place with catering facilities, refurbishment of residential flats, alterations of internal layout, erection of new door openings and roof lights and external fire escape staircases and associated works. Parallel application pending determination P/2014/0260 - Lawful development certificate for an existing use: use as dwelling house - annex at Crosskeys – Approved 19/06/2014 P/2014/0259 - Lawful development certificate for an existing use: use as two residential flats – Approved 11/07/2014 M/1997/301 - Full planning permission (retrospective) for change of use of workshop to dwelling - Conditional Consent 09/06/1997 M10041 Advertisement consent for an illuminated sign – Consent 1968

Principal Planning Constraints

Flood Zone Grade II Listed Building Llanfyllin Conservation Area

Principal Planning Policies

National Planning Policy

Planning Policy Wales (Edition 7, July 2014)

Welsh Office Circular 61/96 Planning and the Historic Environment: Historic Buildings and Conservation Areas

Welsh Government Circular 016/2014 – The Use of Planning Conditions for Development Management

Local Planning Policy

UDP ENV 14 - Listed Buildings UDP GP1 - Development Control UDP SP3 - Natural, Historic and Built Heritage

RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement

Officer Appraisal

UDP Policy ENV 14 (Listed Buildings) and Welsh Office Circular 61/96 seek to ensure that proposals preserve or enhance the special character of the building and area. Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires authorities to have special regard to the desirability of preserving the building or its setting or any features of architectural or historic interest which it possesses. In addition, circular 61/96 advises that applicants will need to show why works which would affect the character of a listed building are desirable or necessary.

The works are proposed in connection with the change of use of part of the building (previously public house) to create a flexible community use. Members will note that the use of the first floor as two residential flats has been certified as lawful by the planning authority and the last known use of the ground floor is as a public house; this use ceasing approximately four years ago. A planning application for change of use of public house to community meeting place is being considered parallel to this application.

The interior of the building has been compromised by works carried out historically by previous owners. Taking the condition of the interior into account along with the Built Heritage Officer’s comments it is considered that the proposed works would not have an impact upon the interior of the property and the exposition of the little remaining timber work on the first floor is welcomed.

The external works are mainly confined to the rear which has been compromised by the modern flat roofed extension and the conversion of the outbuildings. Taking into account the appearance of the rear of the property and the comments from the Built Heritage Officer, it is considered that the proposals are acceptable, subject to the conditions recommended by the Built Heritage Officer. Members will note that it is proposed to paint the façade of the building which would result in different external appearance in comparison to the current brickwork. However photographic evidence has been submitted to demonstrate that the building was previously painted and in addition, the listing description refers to the façade being painted brickwork. On the basis of this evidence and subject to the use of breathable paint of an agreed colour, this alteration is considered acceptable.

Members will note that revised plans and proposals have been submitted through the application process which have addressed the initial queries raised. In consideration of the current condition of the building, the submitted design and materials and the merits of the proposals in assisting in securing an alternative use of the building, it is considered that the proposal would not unacceptably adversely affect the listed building subject to the conditions recommended by the Built Heritage Officer. Therefore, the proposal complies with the guidance set out in national and local planning policy, in particular Welsh Office Circular 61/96 and UDP Policy ENV14 and the recommendation is one of conditional consent.

Recommendation

Consent

Conditions:

1. The works hereby permitted shall be begun before the expiration of five years from the date of this consent.

7 Page 93 2. The development shall be carried out strictly in accordance with the plans stamped as approved on xxxx (drawing no's: 331/01, 331/02 Rev B, 331/04, 331/05 Rev B, 331/10). 3. Details or trade descriptions of the external paint (which shall be breathable) including the colour shall be submitted to and approved in writing by the Local Planning Authority before any work on site commences. The development shall be carried out in accordance with the approved materials. 4. All windows and doors in the external elevations shall be fabricated in timber, which shall be painted a colour to be submitted to and first approved in writing by the Local Planning Authority and they shall be retained in such a form thereafter. The new windows shall be set back the same depth from the elevation as the other windows within the property. The windows shall be puttied not beaded and the new windows shall be painted a colour to be first agreed in writing, and shall remain painted, and of the same design, materials and appearance thereafter. The development shall be carried out in accordance with the approved details. 5. No new plumbing, pipes, soil stacks, flues, vents, ductwork grilles, security alarms, lighting, cameras or other fixtures shall be attached to the external faces of the building other than those shown on the approved drawings or otherwise first approved in writing by the Local Planning Authority. 6. All new materials to be introduced to the site, not previously agreed by condition shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved materials. 7. Any alterations to the external elevations shall be made good using matching and where available original materials. Prior to works commencing details of the proposed materials and means of application shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved materials and details.

Reasons:

1. Required to be imposed by Section 18(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990. 2. To ensure adherence to the plans stamped as approved in the interests of clarity and a satisfactory development. 3. To safeguard the character and appearance of this grade ll listed building in accordance with policy ENV 14 of the Powys Unitary Development Plan. 4. To safeguard the character and appearance of this grade ll listed building in accordance with policy ENV 14 of the Powys Unitary Development Plan. 5. To ensure the special character, architectural interest and integrity of the building is preserved in accordance with UDP Policy ENV14. 6. To safeguard the character and appearance of this grade ll listed building in accordance with policy ENV14 of the Powys Unitary Development Plan. 7. To safeguard the character and appearance of this grade ll listed building in accordance with policy ENV14 of the Powys Unitary Development Plan.

Case Officer: Kate Bowen- Planning Officer Tel: 01938 551268 E-mail:[email protected]

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Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2015/0296 Grid Ref: 314285.78 319479.76

Community Llanfyllin Valid Date: Officer: Council: 02/04/2015 Kate Bowen

Applicant: Mr & Mrs Mayor , Coed Llan Lane, Beulah, Llanfyllin, Powys, SY22 5AT

Location: Lower Crosskeys, High Street, Llanfyllin, Powys, SY22 5AT

Application Application for Listed Building Consent Type:

Reason for Committee determination

One of the applicants is a County Councillor.

Site Location and Description

The application seeks listed building consent for the following works:

Front elevation 1. Painting of existing brickwork of front elevation with breathable paint; 2. Replacement of main front entrance door;

1 Page 97 6. Replacement of exterior staircase at rear with a new steel spiral staircase; 7. Installation of external steel staircase to provide separate access to first floor flat; 8. Alteration to first floor rear window into doorway; 9. Replacement of existing door on side ground floor with a new door; 10. Enlarge rear ground floor opening for installation of bi-fold door to rear ground floor elevation modern flat roof extension; 11. Provide new plumbing, radiators and electrics; 12. Reconfiguration of the old mens’ toilets; 13. Replacement of modern window on rear elevation with French doors;

Consultee Response

Llanfyllin Town Council

The Council wish to thank you for giving them the opportunity to comment on the above applications.

The Town Council fully supports the applications.

PCC Building Control

No response received

PCC Built Heritage Officer

2 Page 98

Correspondence received 03/06/2015:

Thank you for consulting me on the above application, and for the additional information and amendments.

I would therefore have no objections to the internal works.

The external works are mainly at the rear, which again have been compromised by the modern flat roofed extension, and the conversion of the outbuildings.

I would suggest a condition requiring the details of the colour of the fenestration on the rear elevation.

3 Page 99 However, I would also refer to more recent guidance in paragraph 6.5.9 of Planning Policy Wales 7th edition 2014 which states, “Where a development proposal affects a listed building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses.”

4 Page 100

Correspondence received 10/09/2015:

Thank you for consulting me on the amended plans on the above.

I note my comments with regard to the front door being replaced have been taken into account and I would withdraw my objection to that element of the works.

I note that the flue will be coloured slate grey which is preferable to the stainless steel.

Clwyd Powys Archaeological Trust

Correspondence received 09/04/2015:

Thank you for the consultation on this LBC application.

We would therefore have no objection to the proposed alterations.

Correspondence received 17/08/2015:

Thank you for the consultation on this LBC application.

The proposed internal and external works appear to be sympathetic to the original timber framed structure inside and appear to wholly relate to the alteration of modern features.

We would therefore have no archaeological requirements relating to this application.

Representations

5 Page 101 Following display of a site notice, publicity in the local press and neighbour notification, no public representations have been received.

Planning History

Principal Planning Constraints

Flood Zone Grade II Listed Building Llanfyllin Conservation Area

Principal Planning Policies

National Planning Policy

Planning Policy Wales (Edition 7, July 2014)

Welsh Office Circular 61/96 Planning and the Historic Environment: Historic Buildings and Conservation Areas

Welsh Government Circular 016/2014 – The Use of Planning Conditions for Development Management

Local Planning Policy

UDP ENV 14 - Listed Buildings UDP GP1 - Development Control UDP SP3 - Natural, Historic and Built Heritage

RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement

Officer Appraisal

Recommendation

Consent

Conditions:

1. The works hereby permitted shall be begun before the expiration of five years from the date of this consent.

7 Page 103 2. The development shall be carried out strictly in accordance with the plans stamped as approved on xxxx (drawing no's: 331/01, 331/02 Rev B, 331/04, 331/05 Rev B, 331/10). 3. Details or trade descriptions of the external paint (which shall be breathable) including the colour shall be submitted to and approved in writing by the Local Planning Authority before any work on site commences. The development shall be carried out in accordance with the approved materials. 4. All windows and doors in the external elevations shall be fabricated in timber, which shall be painted a colour to be submitted to and first approved in writing by the Local Planning Authority and they shall be retained in such a form thereafter. The new windows shall be set back the same depth from the elevation as the other windows within the property. The windows shall be puttied not beaded and the new windows shall be painted a colour to be first agreed in writing, and shall remain painted, and of the same design, materials and appearance thereafter. The development shall be carried out in accordance with the approved details. 5. No new plumbing, pipes, soil stacks, flues, vents, ductwork grilles, security alarms, lighting, cameras or other fixtures shall be attached to the external faces of the building other than those shown on the approved drawings or otherwise first approved in writing by the Local Planning Authority. 6. All new materials to be introduced to the site, not previously agreed by condition shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved materials. 7. Any alterations to the external elevations shall be made good using matching and where available original materials. Prior to works commencing details of the proposed materials and means of application shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved materials and details.

Reasons:

Case Officer: Kate Bowen- Planning Officer Tel: 01938 551268 E-mail:[email protected]

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Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2015/0668 Grid Ref: 293366.42 286362.65

Community Llanidloes Valid Date: Officer: Council: 07/08/2015 Dunya Fourie

Applicant: Mr Tudor Jones, Glyn Farm Van Llanidloes sy18 6ne

Location: Glyn Farm, Van, Llanidloes, Powys, SY18 6NE

Proposal: Full: Installation of 1no Wind Turbine (36.6m to tip and 24.8m to hub) equipment cabinet and ancillary development.(grid ref 293366 286362)

Application Application for Full Planning Permission Type:

Reason for Committee Report

The proposed turbine exceeds 24 metres in height.

Site Location and Description

The propose site is approximately 2.4km north west of Llanidloes, the ground comprises semi improved agricultural land and is accessed off the B4518 heading towards Staylittle.

The Clywedog Reservoir is approximately 2.6km north west of the site and Afon Clywedog runs along the valley bottom south west of the sites. The site is within the Clywedog landscape of special historic interest, this area extends to the north and north west of the site too. Glyndwrs way, at its closest point, is approximately 330m north of the site.

This application seeks full planning consent for the erection of a single wind turbine. The turbine is 36.6m to blade tip height and is a three blade construction mounted on a single tower, the blade radius is 23.5, the output of the turbine is 85kW. The application also seeks consent for a 225m2 hardstanding area and electrical cabinet.

Consultee Response

Llanidloes Town Council E mail of 15 September 2015

6 Councillors had No Objection, 2 Councillors Objected and 2 Councillors abstained

Llanidloes without Community Council E mail of 3 September 2015

This application was supported as this development will help sustain the viability of the Farm now and in the future.

1 Page 107 Llandinam Community Council E mail of 28 August 2015

Please be advised that Llandinam Community Council made no comments regarding the above planning application as this development is out of the area

Natural Resource Wales Letter of 17 September 2015

Natural Resources Wales does not object to the propose development.

Landscape:

The proposal is located within the Clywedog Valley Landscape of Historic Interest. While this is not a statutory designation, chapter 6 (section 6.5.25) of Planning Policy Wales (PPW) states that information in the Register of Landscapes of Historic interest should be taken into account by local planning authorities in considering the implications of developments which are of such a scale that they would have a more than local impact on an area in the Register.

Based on the Landscape and Visual Assessment prepared by Lingard Styles, we consider that there would be the following effects:  The siting of the proposed turbine close to the B4518 and within direct views from Glyndwr’s Way would make it a prominent feature of the landscape.  Within westerly journeys along the B4518 woodland enclosure gives way to the open field context and site of the proposed wind turbine. The turbine is likely to appear suddenly within views heightening the sense of impact of the development.  Landscape integrity and tranquillity would be locally affected.  The effect would be experienced by visitors to destinations such as the Clywedog dam and reservoir and those following Glyndwr’s Way national trail.  Wind development with such prominence in this location frequented by visitors exploring the area would therefore have a bearing on people’s perceptions of the Clywedog Valley.

We consider that these are local effects on the landscape and perceptions of the Clywedog Valley Landscape of Historic Interest.

We have considered the proposal in the context of other single wind turbines are present along the edges of the Clywedog Valley, but they are located at some distance from public viewpoints making them a minor component of the landscape, moderating their visual presence and impact.

European Protected Species – Bats:

2 Page 108 The applicant has submitted a preliminary ecological survey and assessment for the purposes of informing the public decision making process (Reference Langton, S. (2015) Ecological Appraisal for a Single Wind Turbine Planning Application: Land at Glyn Farm, Van, Llanidloes, Powys, SY18 7NE. One Planet Works RA-003-210515). We note that the ecological report identifies the habitat suitability for bats as being of ‘medium interest’ and recommends that further surveys are carried out for bats.

However, in this case, we consider the proposal is unlikely to be detrimental to the maintenance of the Favourable Conservation Status of any bat populations present in the environs of the application site due to the following;

The turbine is to be located over 50m from bat habitats including hedgerows/other linear features and woodland; (2) NRW has no records of high risk species in the vicinity of the application site; and (3) The ecological submission identifies that the habitat within the vicinity of the turbine is of medium interest for bats

We are therefore satisfied in this instance that no further surveys are required to inform the decision making process.

Should the location of the proposed survey be revised, NRW would wish to be re-consulted.

Biosecurity:

NRW consider biosecurity to be a material consideration in respect of this proposal. In this case, biosecurity issues concern invasive non-native species (INNS) and diseases.

We therefore advise that any consent includes the imposition of a condition requiring the submission and implementation of a Biosecurity Risk Assessment to the satisfaction of the LPA. We consider that this assessment must include the following detail;

(i) Identification of appropriate measures to control any INNS on site; and

Identification of measures or actions that aim to prevent INNS being introduced to the site for the duration of development and restoration.

The Natural Environment and Rural Communities (NERC) Act (2006):

Please note that we have not considered possible effects on all species and habitats listed in section 42 of the Natural Environment and Rural Communities (NERC) Act 2006, or on the Local Biodiversity Action Plan or other local natural heritage interests. To comply with your authority's duty under section 40 of the NERC Act, to have regard to conserving biodiversity, your decision should take account of possible adverse effects on such interests.

We recommend that you seek further advice from your authority's internal ecological adviser and/or nature conservation organisations such as the local Wildlife Trust, RSPB, etc. The Wales Biodiversity Partnership's web site has guidance for assessing proposals that have implications for section 42 habitats and species (www.biodiversitywales.org.uk).

3 Page 109 To conclude, in our opinion, the development as proposed in its current form is not likely to have an adverse effect on the interests listed above and therefore NRW does not object to the proposal.

Clwyd Powys Archaeological Trust E mail of 19 August 2015

We note the included archaeological assessment report and the conclusion that there are no direct or indirect impacts arising from this scheme.

We would therefore have no objection to the proposed turbine at this location.

CADW Letter of 4 September 2015

The proposed development is located within the vicinity of the following historic assets:

Scheduled Ancient Monuments: MG020 Dinas Camp MG031 Pen y Clun Camp MG082 Pen y Castell MG085 Pen-y-Gaer Camp MG159 Bryntail Lead Mine MG235 Dolgwden Enclosure MG246 Penyclun Lead Mine

MG020 Dinas Camp, MG031 Pen y Clun Camp, MG082 Pen y Castel, MG085 Pen-y-Gaer Camp and MG235 Dolgwden Enclosure are all Iron Age hillforts. In general their location on prominent high hills gives 360 degree views and they were positioned to control the surrounding area, especially valleys and trade routes. Intervisibility between hillforts may have been a factor in their location although due to a lack of systematic investigation it is difficult to know if hill forts were contemporarily occupied.

MG020 Dinas Camp is located on a high spur jutting into the Afon Clywedog Valley some 3.6km to the northwest of the proposed wind turbine. It was located to control the upper part of the, now flooded Afon Clywedog valley. In views to the southeast along the valley and towards MG031 the turbine will be visible in background but this will have a very low impact on the setting of this designated monument.

MG031 Pen y Clun Camp is located on a ridge between the source of the Afon Cerist and the Afon Clywedog valley some 1.2 km to the northwest of the proposed wind turbine. The significant views are therefore eastwards along the Afon Cerist Valley and south towards the Afon Clywedog Valley. The proposed turbine will not be in any of these views, but it will be

4 Page 110 visible in views to the southeast; however the topography will block the view to the turbine column leaving only the hub and upper blade sweep visible, as such in Cadw’s opinion this will have a low very impact on the setting of this designated monument.

MG082 Pen y Castel is located to on a ridge between the Afon Cerist Valley and its tributary Afon Gwden Valley some 1.8km to the north east of the proposed turbine location. The significant views from the hillfort are therefore, to the southwest, south, south east towards, and along the Afon Cerist Valley and northeast along the Afon Gwden Valley. All of the proposed turbine will be visible in the background in the view to the southwest across Llyn Y Van and the Afon Cerist Valley. In my opinion this will have a low impact on the setting of this designated monument

MG085 Pen-y-Gaer Camp is located on a hill to the west and overlooking the Afon Clywedog Valley some 2.5 km to the west- north-west of the proposed wind turbine. It was located to control the upper part of the Afon Clywedog valley. In views to the southeast along the valley the turbine will be visible to the north of the valley but with high hills behind it. In my opinion, given the size of the turbine and the distance from the hillfort this will be a moderate adverse impact on the setting of this designated monument.

MG235 Dolgwden Enclosure located to on a ridge between the Afon Gwden Valley and the Nant y Bachws Valley some 3.5km to the north east of the proposed turbine location. The significant views from the hillfort are therefore to the north and to the south and south east towards the confluence of the Afon Gwden with the Afon Cerist. The turbine will not be in any of these views but the blades may be visible in the background of the view between this hillfort and MG082 Pen y Castel as such it is my opinion that there would be, at most, a negligible impact on the setting of this monument.

MG159 Bryntail Lead Mine and MG246 Penyclun Lead Mine are the designated remains of the significant lead industry in this area. The position of the mines was dictated by the topography of the area allowing access to the seams of lead. In general the setting of the mines is localised being confined to the buildings of the mines, the spoilt tips, watercourses us for the mine working and the transport routes.

There are three areas of MG159 Bryntail Lead Mine with the closest being located some 1.6km. The designated areas are in the valley bottom and intervening topography and vegetation will limit views to the turbine, therefore in my opinion the impact on the setting of this designated monument will be negligible.

MG246 Penyclun Lead Mine is located 940m to the northwest of the proposed turbine location. The intervening topography and vegetation makes it unlikely that the turbine will be visible from this position and therefore there will be no impact on the setting of this monument.

Historic Landscape: HLW (P) 6 Clywedog Valley

The application area is inside the registered Clywedog Valley Landscape of Special Historic Interest and more specifically inside the Manledd historic landscape character area. The topography and extant vegetation will limit the areas of the registered historic landscape in which the turbine will be visible.

5 Page 111

Conclusion:

The proposed turbine will have a moderate adverse impact on the setting of MG085 Pen-y- Gaer Camp and low adverse impact on MG031 Pen y Clun Camp and MG082 Pen y Castel; a very low adverse impact on MG020 Dinas Camp and a negligible impact on MG159 Bryntail Lead Mine MG235 Dolgwden Enclosure. In my opinion none of these impacts will be significant. The turbine will only have a local impact on the historic landscape.

Environmental Health E mail of 28 August 2015 I have given consideration to the noise impact assessment undertaken and also the cumulative noise impact assessment undertaken. Subject to the applicant having assessed all relevant turbines within a 1km radius of the application site I have no objection to this application providing the standard noise condition within the developers guide is attached to any consent given.

Highway Authority E mail 4 September 2015

No objection

Countryside Services Letter of 25 August 2015

From the information made available at this time, it would appear that public rights of way are not going to be affected by the application. It is noted that part of the access track will run along bridleway 67, therefore, please could you make the applicant aware that at no time should any public right of way be obstructed during the development process and that no materials are to be placed or stored on the line of any public right of way. Any damage caused to the surface of any public right of way must be made good to at least its current condition or better.

The applicant should be made aware that all public rights of way must be unobstructed, safe and available for use at all times.

Countryside Services has no objection to the application based on the information supplied.

Wales and West Utilities Letter of 20 August 2015

According to our mains records Wales & West Utilities has no apparatus in the area of your enquiry. However Gas pipes owned by other GT’s and also privately owned may be present in this area. Information with regard to such pipes should be obtained from the owners.

6 Page 112 Please not that the plans are only valid for 28 days from the date and updated plans must be requested before any works commences on site if this period has expired.

Public Response

A site notice was erected on the public right of way sign opposite the site and surrounding properties were notified in writing of the proposed development.

A total of three letters have been received in objection to the proposed development:  Adverse noise impact on neighbouring properties within 1km and down wind of the turbine site  Adverse visual impact  Adverse impact on the character of surrounding listed buildings and scheduled ancient monuments  Adverse impact on birds and other wildlife  Adverse impact on the Clywedog conservation area  Adverse impact on the local landscape

Planning History

P/2013/1082: Installation of a single wind turbine (18.5m to hub height, 22.96m to blade tip and 8.5m rotor diameter). Withdrawn P/2013/0626: Installation of 50 kw micro generation wind turbine 24.6 m to hub and 34.2 m to blade tip with control box and all associated works. Conditional consent granted 10/01/2013 P/2012/0945: Erection of single wind turbine 50kW (36.7m to hub) and associated works. Conditional consent granted 31/01/2013

Principal Planning Policies

National Planning Policy

- Planning Policy Wales (2014)

- Technical Advice Note 5 – Nature Conservation and Planning (2009)

- Technical Advice Note 6 – Planning for Sustainable Rural Communities (2006)

- Technical Advice Note 8 – Renewable Energy (2005)

- Technical Advice Note 11 – Noise (1997)

- Technical Advice Note 13 – Tourism (1997)

- Technical Advice Note 16 – Sport, Recreation and Open Space (2009)

- Technical Advice Note 18 – Transport (2007)

- Techncial Advice Note 23 – Economic Development (2014)

7 Page 113 -Welsh Officer Circular 61/96: Planning and the Historic Environment: Historic Buildings and Conservation Areas

- Welsh Office Circular 60/96: Planning and the Historic Environment: Archaeology

Local Planning Policy-Unitary Development Plan for Powys (UDP, March 2010)

UDP SP1: Social, Community and Cultural Sustainability UDP SP3: Natural, Historic and Built Heritage UDP SP6: Development and Transport UDP SP8: Tourism Developments UDP GP1: Development Control UDP GP4: Highway and Parking Requirements UDP ENV1: Agricultural Land UDP ENV2: Safeguarding the Landscape UDP ENV3: Safeguarding Biodiversity and Natural Habitats UDP ENV7: Protected Species UDP ENV 14: Listed Buildings UDP ENV17: Ancient Monuments and Archaeological Sites UDP EC9: Agricultural Development UDP T2: Traffic Management UDP TR2: Tourist Attractions and Development Areas UDP RL6: Rights of Way and Access to the Countryside UDP E3: Wind power UDP DC9: Protection of Water Resources UDP DC12: Overhead Lines and Pipelines UDP DC13: Surface Water Drainage

Other:

- The University of Edinburgh, Tourism Impact of Wind Farms (April 2012)

- Wales Tourist Board (2003) Investigation into the Potential Impact of Wind Farms on Tourism in Wales, Cardiff: Wales Tourist Board.

- The Economic Impact of Wind Farms on Tourism – Study into the potential economic impact of wind farms and associated infrastructure on the Welsh Tourism Sector (2014)

RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement

Officer Appraisal

Section 38 (6) of the Planning and Compulsory Purchase Act 2004

8 Page 114 Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise

Principle of Development

Guidance contained within TAN 8 and UDP policy E3 is broadly supportive of onshore wind turbine development.

TAN 8 recognises the role of the local planning authority in balancing renewable energy development and protection of the local environment and its occupants. The policy states “The Planning system has an important role to play in achieving the Assembly Government’s commitment to enabling the deployment of all forms of renewable energy technologies in Wales”. The policy continues, stating “Outside of the onshore windfarm strategic Search Areas, a balance needs to be struck between the desirability of renewable energy and landscape protection. Whilst that balance should not result in severe restriction on the development of wind power capacity, there is a case for avoiding a situation where wind turbines are spread across the whole of a county”.

UDP policy E3 states within the reasoned justification “It is clearly recognised that international, European and national (UK and Welsh) policies and imperatives dictate that there is an obligation to promote renewable energy developments where they are environmentally acceptable”. The justification goes on to state “A careful balance needs to be struck between the pressing need to combat climate change and the need to protect a valued and attractive landscape”.

Paragraph 1.5 and 1.6 of the Design and Access statement confirms the applicant is a livestock farmer, it is stated the turbine would provide electricity to the holding and provide additional income.

The proposed turbine is acceptable in principle, subject to meeting all the detailed considerations.

Landscape Impact

Criterion 1 of UDP policy E3 states “they do not unacceptably adversely affect the environmental and landscape quality of Powys, either on an individual basis or in combination with other proposed or existing similar developments. Where the cumulative impact of proposals in combination with other approved or existing windfarms would be significantly detrimental to overall environmental quality they will be refused”.

This policy context indicates that proposals for wind turbines will only be permitted where they do not unacceptably adversely affect the environmental and landscape quality of Powys.

The site is within the Clwyedog Historic Landscape. Chapter 6 of Planning Policy Wales states “historic landscapes in the second part of the Register should be taken into account by local planning authorities in considering the implications of developments which are of such a scale that they would have a more than local impact on an area on the Register”. Landmap gives the site a landscape value of moderate and a cultural value of outstanding. The landscape surrounding the site is described as small improved grass fields within a rolling

9 Page 115 landscape. Landmap considers the presence of the Clywedog Reservoir to be the dominant contemporary cultural essence in the area.

Zones of theoretical visibility (ZTV) maps, photomontages, wireframes and a Landscape and Visual Impact Report comprise the applicants assessment of the landscape and visual impact of the proposed turbine, individually and cumulatively with other proposed and operational turbine development in the surrounding area.

The individual ZTV shows the turbine blade tip would be visible within short range views, including within the Clwyedoc Historic Landscape, nearby listed buildings and Llanidloes. The cumulative ZTV shows between 20-64 turbines would be visible from the turbine site, these figures largely include turbines within windfarms which would appear within long range views from the site.

At approximately 36.6m to blade tip height and a rotor radius of 23, the turbine would be viewed as a new vertical, moving and man-made element within the landscape. The proposed turbine would be significantly taller than existing features in proximity to the site. The turbine would undoubtedly constitute a substantial feature on the local skyline.

NRW’s consultation response raises 5 points regarding the landscape impact of the proposed turbine. Public consultation responses received raise concern regarding the impact of turbine development on the surrounding landscape.

CADW confirm in their response the turbine is inside the registered Clywedog Valley Landscape of Special Historic Interest and more specifically inside the Manledd historic landscape character area. CADW state in their response “the topography and extant vegetation will limit the areas of the registered historic landscape in which the turbine will be visible”, the photomontages provided contradict this statement, all the viewpoints are taken within the Clywedog Valley Landscape and show the turbine mast and blade radius would be visible without screening from the existing surrounding topography.

Based on the information submitted and the sensitive nature and open nature of the surrounding landscape, the turbine, primarily due to height of the turbine and prominent siting, would result in it appearing unduly dominant and harmful to the landscape’s character. It is therefore concluded the turbine would have and unacceptably adversely affect the landscape quality of the area, contrary to policies GP1, ENV2, and E3.

Visual Impact

Landmap gives the site a visual and sensory a value of ‘high’, the justification notes the valuation is based on the panoramic views available and distinctive minded landscape adjacent to the Dylife.

A total of 6 individual turbine photomontages and wireframes have been submitted, the viewpoints include the viewpoint from B road at Cefngoleugoed, Llanidloes, viewpoint close to the Old Lead Mine SAM, trip point on Byrn y Fan and Glyndwrs Way. Based on the photomontages provided, the blade radius and the mast would be visible from all the viewpoints selected. These view points are all mid and short range.

10 Page 116 Whilst only one viewpoint (VP6) has been provided from Llanidloes, it shows the turbine would be visible from the entrance of Parc Derwen Fawr, based on the ZTV it is likely the turbine would be visible from other locations within the town, although some of these views may be of only part of the development. Whilst the turbine viewed from VP6 occupies a prominent location and is clearly visible the turbine is sufficiently distanced so as not to dominate views out of the town.

The turbine would be visible from various roads within the local area. However it is the visual impact on receptors travelling westerly on the B4518 who would experience the greatest visual impact (VP1). The scale of the turbine and the siting of the turbine close to the summit of the hill, result in the turbine dominating views and would impact visually on those receptors using the B4518. Indeed, NRW note in their response “Within westerly journeys along the B4518 woodland enclosure gives way to the open field context and site of the proposed wind turbine. The turbine is likely to appear suddenly within views heightening the sense of impact of the development”. An additional viewpoint (VP2) is taken from minor road south of the site near Bronheulwen, the elevation of this road allows views across the rolling hills in a north easterly direction, the turbine would be dominant within receptors views at short range and set against the panoramic backdrop its dominance is emphasised.

The Clywedog Historic Landscape is recognised as an area with outgoing panoramic views, there is a viewing platform close to the Dam at the Old Lead Mine which is also a SAM. The turbine is clearly visible from this viewpoint, however the mid range view, intervening view of the scattered farm complex of Biddfald and the backdrop of the Llandinam windfarm reduce the visual impact of the turbine within this view. The photomontage shows the turbine finished in white, where the turbine is viewed with a landscape backdrop, the impact of the turbine could be lessen through a darker finish such as ‘RAL700-squirrel grey, an alternative finish could be achieved through a condition. The viewpoint (VP4) from Bryn y Fan trig point demonstrates the full turbine would be visible and is viewed in combination with the operational turbine (P/2012/0945). The mid range views together with a darker turbine finish, reduces the individual impact of the turbine from this viewpoint.

Residential receptors:

The Landscape and Visual Report states “all residential receptors are considered to by High Sensitive receptors, given the likelihood that views out may be highly valued and that views may have the potential to be highly susceptible to change”. However, no viewpoints have been provided from the nearest un-associated properties; Dyffryn, Coed Y Glyn and Biddfald. Viewpoint 1 is the closest to un-associated residential property; Cefngoleugod and Ty Llwyd.

Dyffryn is approximately 350m west of the turbine site. The Landscape and Visual Report confirm the upper sweep of the blade sweep would be visible from this property and this is confirmed by the ZTV. In the absence of a viewpoint from these properties it is not possible to assess the turbines visual impact on this property. Coed Y Glyn is approximately 380m from the turbine site, this receptor is separated from the turbine site by intervening existing woodland and the ZTV shows the turbine would not be visible from this receptor due to topography. Biddfald is at a lower ground level than the turbine and would benefit from screening from the intervening deciduous woodland. The ZTV does confirm the turbine would be visible from this dwelling, however as the ZTV is based on blade tip height it may be that only part of the turbine would be visible. In the absence of a viewpoint the extent of visibility is difficult to confirm. It is important to note the dynamic sweep of turbine blades

11 Page 117 through the skyline can be visually distracting especially when the turbine is at short range such as this one. As such a viewpoint from this location would be necessary to assess the extent of the visual impact of the turbine on this dwelling.

Ty Llwyd and The Glyn complex are the closest listed buildings. VP1 is taken 200m to the south of Ty Llwyd and shows the turbine mast and blade to be prominent on the hill within short range views, directly west of the site. Based on the ZTV the turbine would be visible from The Glyn farm complex. In the absence of viewpoints from these features it is difficult to ascertain whether or not the turbine would have and unacceptable adverse impact on the designated features. A response the Built Heritage Officer shall be included within the update report to Members.

Impact on receptors of the public right of way network:

The view of the turbine from Glyndwrs Way as it travels to the north of the site would be short range, Glyndwrs Way and was granted National Trail status in 2000 and is the third National Trail in Wales, the Trail is approximately 135miles which comprises an extended loop through Powys.

NRW state in their response “The siting of the proposed turbine close to the B4518 and within direct views from Glyndwr’s Way would make it a prominent feature of the landscape” and “The effect would be experienced by visitors to destinations such as the Clywedog dam and reservoir and those following Glyndwr’s Way national trail”.

The view of the turbine from Glyndwrs Way is shown in VP5 and VP3, approximately 2.1km to the east and 2km to the north west respectively from the turbine site. It is disappointing a viewpoint is not provided from Glyndwrs Way at its closest point to the site, approximately 330m to the north. In consideration of the dominant view of the turbine from VP1 and the proximity of the National Trail to this viewpoint, the viewpoints submitted are not considered representative of the visual prominence of the turbine from this section of Glyndwrs Way. It is accepted that on sections of Glyndwrs Way the views of the turbine would be intermittent and appear in long range views and the attention of the visual receptors could be distracted by other landscape features in directions other than toward the turbine. However based on the information provided, the turbine would be visually dominant within short range views (VP1) and Glyndwrs Way passes within 350m of the turbine. It is accepted the development would not have an adverse effect on the form of the Trail itself, nevertheless the effect of the turbine on the amenity of visual receptors using the sections of Glyndwrs Way would be significant. Indeed NRW state “Wind development with such prominence in this location frequented by visitors exploring the area would therefore have a bearing on people’s perceptions of the Clywedog Valley”.

The Severn Way and Sustrains cycle routes are to the south of the turbine site, VP2 and VP5 are relatively close to these routes and demonstrate that while the turbine would be visible, it would not appear dominant at mid-range.

Cumulative impact:

Other turbines relevant to the cumulative effect include the operational single turbine (P/2012/0945), Llandinam windfarm, Bryn Titli and Cefn Croes. However, due to the

12 Page 118 separation distance between the site and these developments it is accepted that there would be no unacceptable cumulative effect.

Conclusion There is no dispute that the turbine would be visible within the landscape but the issue to be determined is whether the development would be likely to have an unacceptable adverse effect on visual amenity. It is concluded the turbine would highly visible within some mid and short range views and would dominate locally in the context of the wider landscape. In conclusion, the proposed development would cause the degradation of views enjoyed by local residents and visitors to the area resulting in a unacceptable level of harm to visual amenity and as such is contrary to policies ENV2 and E3.

Historic Impact

Policies ENV14 and ENV17 seek to protect the character and setting of listed buildings, ancient monuments and archaeological sites. The surrounding area, within 1km, there is an abundance of features designated for their historic value.

Landmap gives the area a historic value of high, the justification for this valuation is based on the dominance by medieval and scattered farms and houses, but also a number of earlier prehistoric burial and ritual monuments and later prehistoric hillforts and enclosures.

CADW list in their response 7 SAMs as historic assets within 4km of the turbine site. A number of the SAMs comprise camps located on high ground and the closest SAM is Penyclun Lead Mine 940m to the north west of the site and V3 demonstrates the turbine visibility from this feature.

A Historic Environmental Assessment carried out by Tyrsor was submitted with the application, the report appraised the historic assets (including SAMs and listed buildings) within 2km radius of the site. The findings of the report concluded that there would be no direct, physical impact on any historic assets, and there would not be a significant indirect, visual impact on the historic environment, or on individual historic assets from the proposed development within a 2km radius.

The closest listed building is the applicant’s own property; The Glyn, the dwelling and outbuildings are Grade II Listed, no viewpoint is provided from this feature. Grade II Listed Building, Ty llwyd is approximately 940m from the site, the turbine would be visible from this property however no viewpoint is provided.

CADW and CPAT note number and proximity of SAMs in the area, however both Authorities concur with the Historic Environment Assessment in that there would not be an unacceptable adverse impact on the character or setting of these features.

Based on the relevant Authority’s consultation responses and with the benefit of VP2 close to the nearest SAM, it is considered that the proposed turbine development would not have a unacceptable adverse impact on the character or setting of the surrounding SAMs.

The designated listed buildings sited much closer to the proposed development, while it is accepted the development would not alter the form of these features, it is important to consider whether the proposed development would have an unacceptable adverse effect on

13 Page 119 their character or setting. A response from the built heritage officer shall be provided within the update report.

Neighbour amenity impact

Wind turbines have the potential to create noise from the mechanics of the turbine itself and the movement of the rotor blades through the air.

The nearest unassociated residential properties are Dyffryn and Coed Y Glyn are within 400m of the turbine. These distances are not in excess of the 500m separation distance generally used as a guide to avoid unacceptable noise impacts, however the dwellings are cited at substantially lower ground level.

The submitted noise assessment states that noise at all sensitive receptor properties would be below the limits set out in ETSU-R-97 and conditions can be used to ensure that recommendations on noise levels would not be exceeded in practice. It is on this basis it is considered that the living conditions of occupiers of the nearest uninvolved properties would not be unacceptably affected by noise. This is supported by the Environmental Health department who raise no objection on noise amenity grounds.

With regard to shadow flicker it is generally accepted that significant shadow effects will not occur beyond a distance of 10 times rotor diameter. The blade diameter is 23.5, as such shadow flicker effects will not occur beyond 230m, the un-associated dwellings are over 350m from the turbine. Given these separation distances, I am satisfied that local residents would not be affected by shadow flicker.

Impact on Ecology and Biodiversity

Turbine development has the potential to impact on ecology, impacts include habitat changes at the site and collision of bats and birds with the dynamic turbine blades. Policy ENV3 seeks to protect biodiversity and natural habitats from adverse forms of development. Policy ENV7 reinforces the protection afforded to European protected species.

The application is supported by an ecological appraisal carried out by One Planet Works. The findings of the Assessments concluded the development would not have a detrimental impact on protected species. The appraisal does recognise the potential for red kites to nest in Birthdir Wood some 300m from the site, it also recognises the surrounding landscape has potential for supporting bats and suggest further survey work be carried out.

NRW note the findings of the Assessment, however note the turbine is located over 50m from the nearest hedgerow, they go on to note that other more favourable linear features and woodland surround the site and the site habitat is of medium interest for bats with no high risk bat species within the area. Therefore NRW consider the turbine would not have a detrimental impact on the favourable conservation status of any bat population present and as such are satisfied no further survey work is required.

Should Members be minded to grant consent, it is recommended that conditions restricting the construction timeframe and biosecurity should be included in order to safeguard biodiversity.

14 Page 120 Impact on the Highway Network

Access to the site would be via the existing single track access road off the B4518 and through the applicant’s farm complex and Glyn farm. The turbine would need to cover a short distance across agricultural land between the highway and turbine site. The turbine components to be transported would not require transportation of abnormal indivisible loads.

The Highway Authority are satisfied the turbine could be transported to site without undue disruption of the highway network or harm to highway safety, in accordance with Policy GP4 and E3 of the UDP.

Impact the Public Rights of Way Network

Policy RL6 concerns rights of way within Powys and access to the countryside, this policy seeks to safeguard the existing public right of way network. The immediate area surrounding the turbine is host to a public right of way network, including footpaths, bridleways and National walking and cycle trails.

The site is approximately 360m from the nearest bridleway; bridleway 67, the turbine siting complies with the British Horse Society separation distance and as such Members are advised it is considered the turbine development would not curtail the local bridleway route available to riders or other users and as such no objection is raised under policy RL6.

Countryside Services support this view provided the route is not obstructed during construction or operation of the turbine.

Impact on Social Economics

The Mid Wales Tourism Strategy (TPMW, 2011) recognises the natural environment as Powys’ key visitor asset. Wind turbine development mainly through its landscape and visual impact has the potential to alter the natural environment by changing the landscape character. The proposed turbine is located within proximity of recreational and tourism assets including public rights of way (including bridleways), cultural heritage assets and open access land.

Fullabrook Down Wind Farm (2007): Inspector’s Report (page 48):

15 Page 121 development no evidence has ever emerged from developed sites that tourism has suffered as a result”.

Middlemoor Wind Farm: Inspector’s Report (2008): (page 89):

It is advised that consideration is also given to the “Study into the Potential Economic Impact of Wind Farms and Associated Grid Infrastructure on the Welsh Tourism Sector” by Regeneris Consulting Ltd (February 2014) for the Welsh Government. This is an up to date piece of research and is Welsh specific. It is an extensive report (145 pages long), takes in a wide variety of literature and uses case studies to look at the impact of wind farm development. The study is complex, but it is considered reasonable to state that it emphasises the need to look at each case and situation on its own merits. The study offers the following advice in relation to the scale of development and potential considerations:

16 Page 122

The report also identifies that there may be higher sensitivity to wind farms for certain visitor markets in close proximity to wind farms, stating:

9.19 Although these areas account for a small proportion of tourism employment in Wales as a whole, the narrow economic base in these areas means the sector is an important source of local employment and income. The businesses in these locations may be sensitive even to small changes in visitor numbers as a result of wind farm development. They may have a particular challenge for businesses replacing those visitors which are deterred in areas where there may be limited appeal for other visitor markets.

17 Page 123 Advising on the impact on tourism is difficult and the Local Planning Authority must be wary of straying into areas of un-evidenced assumption. While it may seem reasonable to consider that some visitors or that particular types of tourists such as horse riders could be put off by wind farm development in this general area, this is not well evidenced. Given the lack of evidence, Members are advised that a recommendation for refusal on the grounds of an adverse impact on tourism is considered difficult to sustain.

Recommendation

Whilst noting the potential farm diversification benefits, it is not considered that this outweighs the landscape and visual impact of the proposed development. The recommendation is therefore one of refusal.

Reason for refusal

1. The turbine would have a detrimental visual impact within short range views from within the Clywedog Historic Landscape and Glyndwrs Way, as such the proposed development fails to accord with Powys Unitary Development Plan (2010) policies GP1, ENV2 and E3.

2. A turbine of the proposed height and scale in the proposed location would appear unduly dominant within the landscape and as such it would have an unacceptable adverse effect on the landscape quality of the area. The proposed development fails to accord with Powys Unitary Development Plan (2010) policies GP1, ENV2 and E3.

3. Insufficient information has been submitted to assess the visual amenity impact on nearby residential properties. The proposed development fails to accord with Powys Unitary Development Plan (2010) policies GP1 and E3.

______Case Officer: Dunya Fourie- Planning Officer Tel: 01597 82 7230 E-mail:[email protected]

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Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2014/0622 Grid Ref: 297883.56 250491.37

Community Cilmery Community Council Valid Date: Officer: Council: 18/06/2014 Dunya Fourie

Applicant: Mr & Mrs N W Brown, Roy Brown Coaches, Tynrhoel, Llanfaredd, Builth Wells, Powys, LD2 3TE

Location: Browns Coaches Site, Garth, Llangammarch Wells, Powys, LD4 4BA

Proposal: Full: Change of use from garage to use class B2 (general industrial) and B8 (storage and distribution) including a new roof and associated works

Application Application for Full Planning Permission Type:

Reason for Committee Report

Called in by County Councillor.

Site Location and Description

The application site is located in the open countryside and comprises the former garage site which adjoins the A483 (Garth to Cilmery) road. The site area incorporates the entire garage frontage, the storage area to the north and east of the garage does not form part of this application. A single residential dwelling is located to the west of the application site.

This is a full application seeking consent for the change of use of the former garage/café site to general industrial and storage/distribution.

The change of use comprises erection of a new garage roof to encompass the existing garage and adjoining ad hoc structures, alteration of the internal layout to create 7 work units and replace the glazed areas along the front of the building with roller shutter doors.

The overall height of the building with the new roof would be approximately 5.8m, which is slightly lower than highest point of the existing roof structure. The overall length of the building remains unchanged.

The proposed materials comprise corrugated slate blue/grey insulated box profile steel sheet clad roof and upper elevation, steel roller shutter doors, and PVC rainwater goods.

The existing canopy which covers the former petrol forecourt is to remain.

Consultee Response

Cilmery Community Council

1 Page 127 We are not objecting to this application but have few reservations about the execution of the proposals as per comments below.

We want the soft planting in front of the erected fence to be carried out as per the previous appliation and the present proposed planting to be carried out to a high standard.

We insist that all the old vehicles be removed from the frontage area as we feel they give a poor impression of our beautiful area to passing traffic.

We also feel that the canopy in front of the present garage should be removed not only for safety reasons but it is an eyesore and will demean the present application. There is no mention of this dilapidated canopy in the present application.

Because of the above reasons we are asking that this application goes before the full planning committee and not delegated to an individual plannig offier and that our comments/requests are recorded.

Building Regulations E mail of 26 June 2014

Building Regulations approval will be required for this proposal

Powys Highways Letter of 24 June 2014

Powys County Council as Highways Authority do not wish to comment on this application as the access is onto a trunk road which comes under the jurisdiction of the Welsh Government.

Cllr David Price E mail of 6 July 2014 In line with planning protocol, I wish to call this application to Committee for determination.

My reason for doing so is due to public interest. This site as a storage area for buses, has resulted in communication from local residents (to myself and Cilmeri Community Council) complaining about its unsightly natures.

Powys Environmental Health E mail of 11 February 2015 It is not for us to design noise reduction measures. This is the clients responsibility to ensure that the development complies with BS4142. The two nearest properties are approx 100-150m away from the proposed development.

Noise Control Scheme

Before the use hereby permitted begins, a scheme for the installation of equipment to control the emission of noise from the premises shall be submitted to and approved in writing by the local planning authority and the approved scheme shall be implemented. All equipment installed as part of the scheme shall thereafter be operated and maintained in accordance with the manufacturer’s instructions.

2 Page 128 Reason: To protect the amenity of local residents from excessive noise. BS4142 2014 Methods for rating and assessing industrial and commercial sound in residential areas.

E mail of 25 June 2014

With regards to the above application this department has no objections.

Powys Contaminated Land Letter of 19 March 2015

The following informant should be applied to this development.

Potential Contamination informant

The development site is identified as potential contaminated land due to its former use as a petrol filling station/garage and adjoining a landfill. This informant is provided on the understanding that no ground work what so ever will take place. The applicant should be aware that there are potentially significant liabilities associated with this site. Due to the potential for contamination issues as a result of this historical industrial use, should any made ground and/or contamination be identified during the works it would be prudent to investigate the potential for such contamination and inform the Councils Senior Contaminated Land Officer immediately.

Letter received 7 July 2014

It is noted that the proposed development is situated on land indicated as being a former petrol filling station, garage (identified on historic Ordinance Survey Maps) which has the ptoential to cause contamination.

I have reviewed the submitted desk study but do not consider that it has adequately considered both on and off site receptors in sufficient detail or sufficiently to consider that risks will be acceptable. If the report is amended to reflect these risks I am happy to recommend full conditions but this would likely reuqire additional intrusive investigations.

Therefore, on the basis of the submitted document, the application should be refused until such time as the applicant demonstrates that potentially signification liabilites have been assessed and understood.

In summary, there are three aspects to this objection. These are that:  We consider the level of risk posed by this poropsal to be unacceptable.  The application fails to give adequate assurance that the risk of pollution are understood and that measures for dealign with them have been devised.

Therefore, under Planning Policy for Wales (s.13.7 on), the application should not be determined until infomration is provided to the satisfaction fo the Local Plannign Authority that the risk to human health and controlled waters has been fullyundersood and can be addressed through appropriate measures.

Consultation with Natural Resources Wales must be undertaken.

3 Page 129 Welsh Government Highways Letter of 6 October 2014 I refer to your consultation of 20 June 2014 regarding the above application and advise that the Welsh Government as highway authority for the A483 trunk road does not issue a direction in respect to this application.

E mail of 2 September 2014 Further to the letter dated 4th July 2014 from the Welsh Government requesting further information regarding traffic movements etc. We comment as follows:- i) Details of traffic movements to and from the site in accordance with the permitted use, which should incorporate any other business or residential properties using the accesses.

The site has been dormant for many years with only the domestic dwelling generating vehicular movements. The previous permitted use of a petrol service station, garage and café would have generated in excess of 300 vehicular movements per day plus the vehicular movements to and from the domestic dwelling which uses the same access. ii) Details of proposed traffic movements to and from the site in accordance with the proposed change of use which incorporates any other business or residential properties utilising the access.

The anticipated change of use will generate approximately 4 vehicle movements to day for each visit equating to 28 plus approximately 1 delivery vehicle per week for each unit. The existing coach store has limited movements but anticipate 1 vehicular movement per week. The existing dwelling will generate approximately 4 vehicle movements per day. The total vehicular movement per day will be much reduced to that of the permitted existing use. iii) Details of parking spaces for vehicles in relation to the proposed change of use.

As indicated on the submitted layout plan, 16 car parking spaces are shown for use by the units proposed.

Room is also provided to the front of the units for parking and offloading of delivery vehicles.

The ratio of parking being two parking spaces for each proposed unit with two spaces for visitor parking, some of which will be allocated as disabled parking.

Letter of 4 July 2014

I refer to your consultation of 20 June 2014 regarding the above application and advise that the Welsh Government as highway authority for the A483 trunk road directs that the application remains pending until such time as the information below is provided:  Details of existing traffic movements to and from the site in accordance with the permitted use, which should incorporate any other businesses or residential properties utilizing the accesses.  Details of proposed traffic movements to and from the site in accordance with the proposed change of use, which should again incorporate any other businesses or residential properties utilizing the accesses.

4 Page 130  Details of parking spaces for vehicles in relation to the proposed change of use.

Building Control E mail of 26 June 2014 Building Regulations approval will be required for this proposal.

Natural Resource Wales Letter of 5 November 2015

Natural Resources Wales does not object to the proposal for the following reason: The proposal is not likely to adversely affect protected sites nor European protected species.

NRW advice on the application We note that the proposal does not involve excavation works. The development sites lies within 50 metres of the Afon Irfon SSSI / River Wye SAC but NRW considers that impacts on those sites are unlikely.

No ecological information has been submitted in support of the application assessing the impacts on European Protected Species but NRW considers that the proposal is unlikely to have a significant impact upon them provided that suitable worded conditions are adhered to any permission your authority is minded to grant. Those conditions must include measures in order to avoid the spill of artificial light on the Afon Irfon SSSI / River Wye SAC and ensure that the watercourse corridor continues to be used by bats and otters. Additionally, works shall stop immediately if European protected species or any evidence of they are detected in the premises during the works. NRW shall be informed immediately and the development may only proceed under an EPS licence in that case.

Natural Environment and Rural Communities (NERC) Act (2006)

Please note that we have not considered possible effects on all local or regional interests, including those relating to the upkeep, management and creation of habitat for wild birds. Therefore, you should not rule out the possibility of adverse effects on such interests, which would be relevant to your Authority’s general duty to have regard to conserving biodiversity, as set out in section 40 of the Natural Environment and Rural Communities (NERC) Act (2006). This advice includes any consideration of the planned provision of “linear” and “stepping stone” habitats.

To comply with your authority's duty under section 40 of the NERC Act, to have regard to conserving biodiversity, your decision should take account of possible adverse effects on such interests. We recommend that you seek further advice from your authority's internal ecological adviser and/or third sector nature conservation organisations such as the local wildlife trust, RSPB, etc. The Wales Biodiversity Partnership's web site has guidance for assessing proposals that have implications for section 42 habitats and species (www.biodiversitywales.org.uk).

5 Page 131 In summary, Natural Resources Wales does not object to the proposal if previous conditions are included.

Powys County Council Ecologist 24 October 2015

The application site is located in proximity to the Hafrena watercourse to the immediate north and the River Irfon to the south. Both of these watercourses are designated as part of the River Wye Special Area of Conservation and therefore a HRA will be required to ensure that there is no pollution of the SAC both during the construction phase and the operational phase. Given that there will be no earth works during the construction phase, the main identified risks are likely to be contaminated surface water run-off. Further information is required on the site drainage and how any surface water run-off will be managed. Do the existing surface water drains discharge into the sewerage system or into the watercourses. If not the watercourses, installation of an oil interceptor should be considered, particularly to deal with any accidental spillages of liquids. This information is required prior to determination so that the HRA can be undertaken.

In addition, the existing buildings appear to have potential to support roosting bats. They are located adjacent to a large area of broadleaved woodland and the tree-lined watercourses, River Irfon and Hafrena. I understand that the proposals involve reroofing and refurbishment of the existing buildings. It is considered that the proposed development may have the potential to impact roosting bats. Therefore, further information is required with regard to the bat interest of the existing buildings. I would recommend that a Preliminary Bat Survey would be appropriate in the first instance to assess the structure of the buildings and their potential to support bat roosts. This information is required prior to determination.

With regard to other habitats, given the proximity of the proposed development to the watercourses and the adjacent woodland, a Pollution Prevention Plan in accordance with PPG5 & 6 and a Tree Protection Plan, are required. An External Lighting Plan to avoid illumination of the woodland is required as well as a Native Landscape Planting Plan.

With regard to biodiversity enhancements, a native landscaping plan, sensitive external lighting scheme and provision of measures to reduce surface water pollution of the River Wye SAC are considered to be appropriate.

Public Response

A site notice was displayed on the fencing on the east boundary of the site.

One third party response was received which raised concern regarding potential for noise generated by vehicles visiting the proposed workshops, whether the units would use contaminating materials which could damage the wildlife and access being disrupted to the adjoining property.

Planning History

P/2014/0071: Change of use from garage to use class B2 (general industrial) and B8 (storage and distribution) including a new roof and associated works-withdrawn in absence of contaminated land information.

6 Page 132

P/2012/0999: Change of use of former car sales compound (forming part of garage/filling station, car showroom and cafe complex) to bus and coach storage. Erection of screening fence (part retrospective). Approved 13th November 2012

Principal Planning Policies

National Planning Policy Planning Policy Wales (7th Edition, 2014) Technical Advice Note 5-Nature Conservation and Planning (2009)

Local Planning Policy-Unitary Development Plan for Powys (UDP, March 2010) UDP SP4: Economic and Employment Developments UDP GP1: Development Control UDP GP4: Highway and Parking Requirements UDP ENV4: Internationally Important Sites UDP ENV5: Nationally Important Sites UDP ENV7: Protected Species UDP EC1: Business, Industrial and Commercial Developments UDP EC5: Expansion of Existing Employment Sites UDP TR2: Traffic Management UDP TR2: Tourist Attractions and Development Areas UDP DC15: Development on Unstable or Contaminated Land

RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement

Officer Appraisal

Section 38 (6) of the Planning and Compulsory Purchase Act 2004

Principle of Development

Policy EC1 concerns business, industrial and commercial developments, criterion 3 states that wherever possible, proposals should utilise an existing building or previously development or disuses ‘brownfield land’. Policy EC5 concerns expansion of existing employment sites, the policy confirms environmental improvement of the existing employment sites and buildings will be permitted where the development complies with the policy EC1.

The proposed development comprises change of use of the existing building from a café and show room (in connection with the former garage) (B2) to general industrial and storage (B8).

The change of use is accommodated in situ, it applies to the existing café and car show room, the buildings would be modified to accommodate separate industrial and storage uses. The expansion would comprise a volume increase where a new roof is fitted over the amalgamated

7 Page 133 buildings and some small open areas are incorporated within the body of the building. The expansion is therefore minimal.

The buildings have been vacant for a significant period of time and appear to be dilapidated. The proposed alterations to the existing building shall improve the overall appearance through the amalgamation of the existing buildings. The cover over the forecourt is to remain, the cover is dilapidated and as such Members are advised this could be addressed under different planning powers if considered necessary.

The proposal would utilise an existing employment site with minimal extension to the existing buildings. The works would improve the visual appearance of the buildings and area. The proposed development complies with UDP policies EC1 and EC5 and as such is acceptable in principle subject to detailed considerations.

Development on a contaminated site

Policy DC15 does not permit development on contaminated land unless the proposal will not result in ground contamination either on or off site and will not unacceptably adversely affect public health and safety, nature conservation, historic or archaeological interests.

The policy requires that planning applications are accompanied by a specialist site investigation report, which provides evidence on the nature and extent of ground contamination and any remedial measures to overcome these problems.

This site is a former garage and as such is considered contaminated land, the original application for this scheme was withdrawn following a request for a phase 1 risk assessment by the Authority’s Contaminated Land Officer. This application includes a Phase One Desk Study Report carried out by Environmental Management Solutions. The report concluded that no intrusive contamination investigation is required for the proposed development to proceed safely.

The site inspection carried out by a Geo-Environmental Engineer investigated the contamination for the site categorised by the previous use. The forecourt area which is in the southern part of the site is where the previous fuel pumps where and it is understood that a fuel sales pump for larger vehicles stood in the area to the east of the existing canopy. It is understood the fuel pumps where fed by underground lines from tanks located immediately to the north of the eastern part of the forecourt.

The submitted site investigation showed that only parts of the site used for fuel filling have the potential to be significant sources of contamination, the parts of the site where the change of use is proposed comprise the disused café and car salesroom which are considered not to be significant sources of contamination and are sufficiently removed from the fuel filling areas.

In addition to the fuel filling area, Rhosforio Tip Landfill is approximately 100m from the site and is a potential source of ground gases, however the contaminated land risk assessment concluded migration of these gases to the proposed development is not considered credible.

The Authority’s Contaminated Land Officer withdrew his objection to the proposed development following confirmation from the agent that the proposed development would not include any

8 Page 134 ground excavation and provided the advised note be included with any forthcoming planning consent.

No excavation works are proposed, as such the proposed development would not result in contamination directly or indirectly. The phase 1 risk assessment, Habitat Regulations Assessment and consultation response received from Natural Resource Wales (NRW), confirm the proposed development would not adversely affect public health and safety, nature conservation. As such the proposed development is in accordance with policy DC15 of the UDP.

Site access and parking arrangements

Policy GP4 concerns suitability of access arrangements and parking facilities associated with development. To be considered acceptable the scheme would need to provide sufficient visibility, turning areas and adequate parking provision.

The site benefits from dual access on and off the Trunk Road and there is sufficient space for vehicles in connection with the industrial units to park off the road.

Transport Wales requested additional information regarding the trip generation, this information was provided by the agent and subsequently an updated response was received from Transport Wales in October confirming they do not issue a direction in respect of this application.

A third party response raised concern regarding accessing their property via the previously used forecourt area. This area is included within the application site, however the plans confirm no permanent feature is proposed which would obstruct this access.

After carefully considering highway safety issues it is considered that the proposed development complies with relevant planning policy.

Impact on amenity

The proposed development comprises creation of a number of individual light industrial workshops. A third party response has been received which raises concern regarding potential noise in connection with the proposed use and traffic movements.

The site has historically supported commercial uses. Impact from the proposed industrial units on the amenity of the nearest property; Pendyrys through noise disturbance has been considered and discussed with the environmental health department. They confirm no objection and advise a condition be included to protect the future amenity of Pendyrys. In light of the above it is considered that the proposal complies with policy relating to amenity.

Impact on ecology

The river Hafrena is approximately 60m from the application site to the north the river Ithon is located approximately 200m to the south, both are designated as a SSSI and are a tributary to the River Wye Special Area of Conservation. The existing buildings have been vacant for a period of time and the proposed works would include alterations to the roof.

9 Page 135 A Habitat Regulations Assessment (HRA) and Bat Survey have been carried out to assess the likely significant impact on the surrounding protected features and the likely presence of bat roots within the building. The HRA was produced by the Local Planning Authority as the competent authority and verified by NRW. The HRA found that provided recommendations within the consultation response provided by NRW were included as conditions within any forthcoming planning consent.

The protected species report concluded no presence of bats were found within the interior of the building and only a small number of bat droppings were found on the exterior window sill of the building. Mitigation is advised through the provision of bat boxes within the new structure and a precautionary approach to demolition during winter months is advised. These recommendations are included as recommended conditions for any forthcoming planning consent.

Based on the survey and assessment carried out and response from NRW, subject to the recommended conditions, the proposed development is in accordance with policies ENV4, ENV5 and ENV7.

Recommendation

The proposed development would improve the visual appearance of the existing site and provide a new employment facility on an existing brownfield site.

The scheme, subject to the recommended conditions, would not be to the detriment of biodiversity or neighbour amenity.

Therefore, proposed development is in accordance the relevant planning policies as listed earlier in this report and as such recommendation to Members is one of approval subject to the recommended conditions.

Decision Recommendation is one of conditional consent

Conditions 1. The development to which this permission relates shall be begun no later than the expiration of five years from the date of this permission. 2. The development shall be carried out strictly in accordance with the plans stamped as approved (planning reference existing elevations 4364/2A, existing floor plans 4364/1, proposed elevations 4364/a, proposed floor plan 4364/3, existing site layout and location plan 4364/6, proposed site layout plan and location plan 4364/5). 3. Within one month of the implementation of this permission a landscaping scheme shall be submitted to and agreed in writing by the Local Planning Authority. The submitted design shall include drawings at a scale of 1:200 or 1:500 and a written specification clearly describing the species, sizes, densities and planting numbers. Drawings must include accurate details of all existing trees and hedgerows with their location, species, size, condition, any proposed tree surgery and an indication of which are to be retained and which are to be removed. 4. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become

10 Page 136 seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5 year defects period. 5. Notwithstanding the information submitted with the application, demolition shall not be undertaken at any time other than between the months of October and April inclusive. 6. Prior to commencement of works, a plan shall be submitted which detail the location of 3 'improved double crevice' bat boxes and 3 bird boxes located. 7. Works shall cease immediately and a qualified ecologist employed on site should the presence of bats be identified during works to the building. Works shall continue in accordance with instructions given by the qualified ecologist. 8. Notwithstanding the information submitted with the application, an external lighting scheme shall be submitted to and approved in writing by the local planning authority. Works shall be carried out in accordance with the approved scheme. 9. Prior to commencement of development a scheme for the discharge of surface water run off shall be submitted to and approved in writing by the local planning authority. Works shall be carried out in accordance with the approved scheme 10. Prior to commencement of development, a scheme for the installation of equipment to control the emission of noise from the premises shall be submitted to, and approved in writing by the local planning authority. Works shall be carried out in accordance with the approved scheme. All equipment installed as part of the scheme shall thereafter be operated and maintained in accordance with the manufacturer's instructions.

Reasons:

1. Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2. To ensure adherence to the plans stamped as approved in the interests of clarity and a satisfactory development. 3. To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment, visual amenity and privacy in accordance with policies GP1 and ENV2 of the Powys Unitary Development Plan. 4. To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment, visual amenity and privacy in accordance with policies GP1 and ENV2 of the Powys Unitary Development Plan. 5. In the interests of biodiversity and to accord with Powys Unitary Development Plan policy ENV7. 6. In the interests of biodiversity and to accord with Powys Unitary Development Plan policy ENV7 7. In the interests of biodiversity and to accord with Powys Unitary Development Plan policy ENV7 8. In the interests of biodiversity and to accord with Powys Unitary Development Plan policy ENV7 9. In the interests of biodiversity and to accord with Powys Unitary Development Plan policy ENV3 and ENV4 10. In the interests of amenity and to accord with Powys Unitary Development Plan policies GP1 and EC1

Notes

11 Page 137 Potential Contamination informant

The development site is identified as potential contaminated land due to its former use as a petrol filling station/garage and adjoining a landfill. This informant is provided on the understanding that no ground waork what so ever will take place. The applicant should be aware that there are potentially significant liabilities associated with this site. Due to the potential for contamination issues as a result of this historical industrial use, should any made ground and/or contamination be identified during the works it would be prudent to investigate the potential for such contamination and inform the Councils Senior Contaminated Land Officer immediately.

Building Regulations is required for this type of application

Any existing buildings on site should be assessed for asbestos materials prior to demolition. Any asbestos must be removed in full consutlation with the Health and Safety Executive 3rd Floor Darkgate Buildings 3 Red Street Carmarthenshire SA31 1QL

______Case Officer: Dunya Fourie- Planning Officer Tel: 01597 82 7230 E-mail:[email protected]

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Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2015/0266 Grid Ref: 325597.55 259775.26

Community Old Radnor Valid Date: Officer: Council: 17/03/2015 Holly-ann Hobbs

Applicant: Mr & Mrs S Miles, Riverside, Weythel, Old Radnor, Presteigne, Powys, LD8 2RR.

Location: Crown Inn, Walton, Presteigne, Powys, LD8 2PY.

Proposal: Full: Part demolition of public house (rear), erection of two new dwellings and conversion of public house to a dwelling, to include associated works with the formation of car parking and access

Application Application for Full Planning Permission Type:

The reason for Committee determination

Members are advised that the planning application was ‘called in’ by Councillor Michael Jones in his role as Local Member.

Site Location and Description

The proposed site of development is located within the settlement development boundary of Walton as defined by the Powys UDP. The application site is bounded by residential properties to the north and west. Located to the east is the A44 and to the south the C1335.

Consent is sought in full for the part demolition of the Crown Inn (rear extension) and conversion to a single dwelling, erection of two new dwellings (semi-detached) and associated access alterations.

The rear extension to be demolished measures approximately 14 metres in length (max) by 10.4 metres in width (max) and includes a lounge, kitchen, storage, toilet facilities and bedrooms associated with the former public house. The resulting dwelling house measures approximately 11.8 metres by 7.7 metres and will comprise of large kitchen/dining room and lounge on the ground floor together with 3 bedrooms and a bathroom at first floor level. External alterations are minimal and feature predominantly on the rear elevation (south west).

The proposed semi-detached dwellings measure approximately 11.7 metres by 10.8 metres, the ridge and eaves height measure 8.7 metres and 5.2 metres respectively. The proposed dwellings will have a brickwork/rendered finish together with a natural slate roof.

Consultee Response

Old Radnor Communtiy Council

1 Page 141 The Community Council supports this application. However, visibility must be maintained at the junction with the A44 as it is noted that a garden is to be created for House 1 that has a boundary with the A44. The Community Council request that a condition be placed so that trees, high hedges or high fences do not appear on the site boundary alongside the main road.

Highway Authority

Correspondence received 10th April 2015 -

The County Council as Highway Authority for the County Highway Class III, C1335

Wish the following recommendations/observations be applied

Recommendations/Observations

I have no objection to this proposal but require the turning space to be increased in depth to 6.0 metres in order to ensure adequate length is available for the manoeuvring of each parked car. The following conditions should also be included on any permission granted:-

HC6 Within 5 days from the commencement of the development clear visibility shall be maintained above a height of 0.26 metres above carriageway level over the full frontage of the developed site to the county class III road effective over a bandwidth of 2.4 metres measured from the edge of the adjoining carriageway. Nothing shall be planted, erected or allowed to grow on the area(s) of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction thereafter.

HC8 Prior to the occupation of the dwellings, provision shall be made within the curtilage of the site for the parking of not less than 3 cars per dwelling excluding any garage space provided serving the site may both enter and leave the site in a forward gear. The parking areas shall be retained thereafter and the turning areas shall be maintained at all times free from obstruction.

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.

HC30 The centreline of any new or relocated hedge should be positioned not less than 1.0 metre to the rear of the visibility splay.

HC31 The area of each private drive and any turning area is to be metalled and surfaced in bituminous macadam, concrete or block paviours, prior to the occupation of that dwelling. HC32 No storm water drainage from the site shall be allowed to discharge onto the county highway.

2 Page 142

Reasons for Comments

To ensure adequate space is provided on site for the safe access and egress of traffic onto the county road.

Correspondence received 6th May 2015 –

I refer to the amended plan showing the slightly enlarged turning area for the parking spaces and can confirm this is acceptable to the Highways Authority. I am happy that the conditions I recommended on my response of 9th April are appropriate for inclusion on any permission granted.

Building Control

Building Regulations Required.

Wales & West Utilities

With regards to your above request, this is not Wales & West Utilities area. This falls within National Grid’s area, contact details for them below:

Email: [email protected] Telephone: 0800 688588

Environmental Health

Due to a number of noise sensitive dwellings located near to the application site I suggest the following condition be attached:-

Demolition/Construction works shall not take place outside 08:00 hours to 18:00 hours Mondays to Fridays and 08:00 hours to 13:00 hours on Saturdays and at no time on Sundays and Bank or Public Holidays.

Reason: To protect the amenity of local residents from excessive noise, vibration and dust.

County Ecologist

Correspondence received 15th May 2015 –

A preliminary bat survey should be requested to identify bat roost potential and the potential impacts to any bats if bats are present, i.e. are the areas with bat roost potential in the areas proposed for demolition.

Natural Resources Wales

Correspondence received 9th April 2015 –

Regarding the above planning consultation, I note there is no ecological information included with the application.

3 Page 143

Due to the nature of the building proposed for demolition, looks as though a bat survey will be required. What are your thoughts on this?

NRW will be happy to comment further once additional ecological information has been received.

Please do not hesitate to contact me should you have any queries.

Correspondence received 28th August 2015 –

Thank you for consulting Natural Resources Wales (NRW) about the above, which was received on 11/08/2015

NRW does not object to the proposal. In our opinion, as explained below, the proposal is not likely to adversely affect any of the interests listed.

Protected Species

Bats are protected under the Wildlife and Countryside act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010 (as amended).

NRW is satisfied that the daylight inspection and emergence bat survey (Just Mammals Consultancy – August 2015) has been carried out to an acceptable standard. The report states that there was no evidence that the building was being used as a bat roost.

The recommendations proposed within Recommendations of the report should be adhered to so as to avoid adverse impacts on bats. The applicant should be advised that should bats be discovered at any stage during the works, all work should stop immediately and NRW contacted for further advice.

Care should be taken in the type and location of any external lighting within the new development, to ensure that the hedgerows and trees identified on the site are not illuminated. We advise that a light spillage scheme from the development should be agreed to the satisfaction of the local authority.

Natural Environment and Rural Communities (NERC) Act 2006

Please note that we have not considered possible effects on all species and habitats (including nesting birds) listed in section 42 of the Natural Environment and Rural Communities (NERC) Act 2006, or on the Local Biodiversity Action Plan or other local natural heritage interests. To comply with your authority's duty under section 40 of the NERC Act, to have regard to conserving biodiversity, your decision should take account of possible adverse effects on such interests.

4 Page 144 We recommend that you seek further advice from your authority's internal ecological adviser and/or nature conservation organisations such as the local Wildlife Trust, RSPB, etc. The Wales Biodiversity Partnership's web site has guidance for assessing proposals that have implications for section 42 habitats and species (www.biodiversitywales.org.uk).

To conclude, in our opinion, the development as proposed in its current form is not likely to have an adverse effect on the interests listed above. NRW does not object to the proposal.

Please don’t hesitate to contact me if you require clarification on the above.

Clwyd Powys Archaeological Trust

Correspondence received 1st April 2015 –

Thank you for the consultation on this application.

The application plot lies within the large prehistoric enclosure recorded as PRN 4255 Walton Palisaded Enclosure, which has an internal diameter of circa 300 metres across and was bounded by a ring of large Oak posts. The nature of any internal activity inside this enclosure is unknown. The Inn and proposed new dwellings fall within the southern half of this enclosure.

In addition the development site lies just 90 metres south of the scheduled Roman forts and marching camps at Walton and associated activity may have spread into the development area. There are also numerous other archaeological sites of varying date recorded within 70 metres of the Inn.

Although much of the development area has been built on in the past the areas of new extension beyond the existing building footprint and for new parking and access may have an impact on previously unrecorded sub-surface archaeology related to the sites mentioned above. We would therefore recommend a watching brief as a condition of consent in this case and a suitable condition has been included below:

The developer shall 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 conducted. The archaeological watching brief will be undertaken to the standards laid down by the Institute for Archaeologists. The Local Planning Authority will be informed in writing, at least two weeks prior to the commencement of the development, of the name of the said archaeological contractor. A copy of the watching brief report shall be submitted to the Local Planning Authority and the Development Control Archaeologist, Clwyd-Powys Archaeological Trust, 41 Broad Street, Welshpool, Powys, SY21 7RR tel: 01938 553670 within two months of the fieldwork being completed.

The conversion of the Inn and the demolition of the outbuildings at the back may result in the alteration or loss of 19th century traditional structures associated with the operation of the Inn and these should be recorded with a photographic survey using the condition supplied below:

Development shall not begin until an appropriate photographic survey of the existing buildings on the site has been carried out in accordance with details to be submitted to, and approved by, the local planning authority. The resulting digital photographs should be

5 Page 145 forwarded on a CD or DVD to the Local Planning Authority and the Development Control Archaeologist, Clwyd-Powys Archaeological Trust, 41Broad Street, Welshpool, Powys, SY21 7RR. tel: 01938 553670.

We have attached guidance notes for the applicant which should be forwarded to them.

Contaminated Land

There are no records of any potentially contaminating land-uses having been located on or within the vicinity of the proposed development site therefore, it is advised that there are no concerns or requirements in respect of land contamination.

Councillor Michael Jones (Local Member)

As local member I wish to call in the above application on the grounds, of the loss of a local facility and local interest.

Representations

The proposed development was advertised by site display and neighbour notification. At the time of writing this report, 6 letters of objection have been received by Development Management. The concerns expressed therein can be summarised as follows;

. Loss of a community facility; . Impact on local tourism; . Increase surface water and risk of flooding; . Foul water disposal – suitability of septic tank; . Potential site contamination from historic petrol tanks; . Overbearing impact on adjoining properties – loss of residential amenity.

Planning History

R551600 – Full: Erection of extension and alterations. Approved 23rd April 1999.

Principal Planning Policies

National Planning Policy

Planning Policy Wales (2014)

Technical Advice Note 11 – Noise (1997)

Welsh Office Circular 60/96 – Planning and the Historic Environment: Archaeology

Local Planning Policy

Powys Residential Design Guide (2004)

Powys Unitary Development Plan (2010)

6 Page 146 SP3 – Natural, Historic and Built Heritage SP5 – Housing Developments GP1 – Development Control GP3 – Design and Energy Conservation GP4 – Highway and Parking Requirements ENV2 – Safeguarding the Landscape ENV3 – Safeguarding Biodiversity and Natural Habitats ENV7 – Protected Species ENV17 – Ancient Monuments and Archaeological Sites ENV18 – Development Proposals Affecting Archaeological Sites HP4 - Settlement Development Boundaries and Capacities HP5 – Residential Developments HP14 – Sustainable Housing RP10 – Neighbourhood and Village Shops and Services CS2 – Protecting Existing and Community Facilities DC8 – Public Water Supply DC9 – Protection of Water Resources DC13 – Surface Water Drainage DC13 – Development on Unstable or Contaminated Land

RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement

Officer Appraisal

Section 38 (6) of the Planning and Compulsory Purchase Act 2004

Principle of Development

The proposed development includes the conversion of a public house to a single dwelling house together with the erection of two new dwellings (semi-detached). Provision is made within the Powys UDP for the loss of a community facility providing that this can be justified whilst there is a presumption in favour of appropriate residential development within a settlement development boundary. On the basis of the above, the principle of the proposed development is considered to be fundamentally acceptable.

Loss of a Public House

UDP policy RP10 states that development proposals that would result in the loss of a neighbourhood shop, village shop or service will only be permitted where the local authority is satisfied that:

1. The premises have been for sale or vacant for a prolonged period and genuine attempts at marketing the existing use during that time have been unsuccessful.

7 Page 147 2. That other solutions to support the long term economic viability of the business have been adequately explored e.g. community ownership, diversification of uses.

In considering the proposed development, further reference is made to policy CS2 which states that the loss of premises through alternative development proposals used for community purposes including meeting halls and places of worship will be resisted unless it can be demonstrated that:

1. The premises are no longer appropriate or required for community use. 2. Alternative solutions to support the long term use of the facility for the community have been adequately explored. 3. Appropriate alternative provision exists or is available elsewhere in a location that is of satisfactory accessibility to the community affected.

The application is supported by a marketing statement prepared by McCartneys which confirms that the property was marketed with Sidney Phillips Estate Agents whilst adverts were also placed in appropriate public house magazines and on associated websites.

The information submitted confirms that marketing of The Crown Inn commenced in May 2011. It is understood that the property was subsequently withdrawn from the market in October 2011 following little interest despite the asking price being reduced. Marketing recommenced in February 2013, the asking price was further reduced (June 2013) and withdrawn from the market in March 2014. Evidence has also been provided confirming that the property went to Auction in May 2014 however no offers were made.

On the basis of the above, Development Management is satisfied that the existing business has been advertised for a prolonged period of time however the efforts made to date have been unsuccessful. It is therefore considered that the proposed development fulfils criterion 1 of UDP policy RP10.

The submission further considers alternative uses and community ownership, neither of which are considered to be viable in the long term and in any case, it is understood that no interest was shown locally.

Whilst limited information has been provided by the applicant, a review of local provision indicates that there are a number of public houses within reasonable proximity of the application building including The Harp Inn (Old Radnor, approx. 0.8 miles) and The Radnor Arms (New Radnor, approx. 2.9 miles). It is further noted that there is alternative provision within the wider area (7 mile radius) with settlements such as Presteigne, Gladestry and Llanfihangel Nant Melan accessible by various means of transport. Furthermore, Walton Village Hall is considered to provide a suitable venue for Community events whilst similar provision also available within the aforementioned neighbouring settlements. In light of the above, Development Management considers that alternative provision exists or is available in locations that can be accessed by the community affected – Walton.

It is acknowledged that significant concern has been expressed locally regarding the possible closure and change of use of the public house to a dwelling house. Representations received to date highlight the pubs reputation and previous success as a public house and also emphasises the value of the public house as a community asset. The Crown Inn’s reputation

8 Page 148 is not disputed, however the principle material planning considerations concern the viability of the business and the continued requirement for such premises in the area.

It is noted from both the marketing appraisal submitted and representations received that the use of the building as a Public House ceased a number of years ago and whilst there has been interest in the property, no realistic offers have been received to date. Whilst accepting that the premises may succeed again in the right ownership, failure to secure a buyer in the first instance suggests that the premises is no longer a viable venture.

On the basis of the above and the information submitted to date, Development Management is satisfied that the proposed development is fundamentally in accordance with the listed planning policies. Notwithstanding the prolonged efforts of the existing owners to secure a new owner, the evidence submitted suggests that the public house is no longer viable and thus surplus to requirement as demonstrated by the marketing assessment. There is however considered to be alternative provision within the locality accessible by both local residents and tourists.

In light of the above, Development Management consider the change of use to be in accordance with policies RP10 and CS2 and therefore acceptable.

Character and Appearance

Policy GP1 of the Powys UDP policy HP5 (Residential Development) indicates that proposals for residential development will be permitted providing that the proposal is of a scale, form, character and appearance to reflect the overall character and appearance of the settlement and the sites surroundings.

In considering the proposed conversion, with the exception of the demolition of the rear extension, external alterations to the former public house are limited. As such, it is considered unlikely that the character and appearance of the building or surrounding area will be harmed.

Having visited the application site, it is noted that the village is characterised by a mixed style of dwelling houses including form, appearance, features and external finishes. It is noted that the application site is split across varying ground levels however it is understood that the ground levels will be altered so that the ridge height of the proposed dwellings will be consistent with the former public house and neighbouring property (The Riddlings).

On the basis of the above, it is considered that the proposed semi-detached dwellings will be of an appropriate scale, in keeping with the scale and proportions of adjoining properties. Proposed external materials include facing brick, render, quoin detailing together with a natural slate roof which further in keeping with the character and appearance of the wider settlement. In light of the above observations, it is considered unlikely that the provision of the proposed new dwellings will compromise the character and appearance of the existing settlement and wider area.

Notwithstanding the above, in order to ensure that the new development assimilates with the sites surroundings, it is recommended that appropriate conditions securing details of the existing and proposed ground levels together with samples of proposed materials. In light of the above observations and subject to the said conditions, Officers consider the proposed

9 Page 149 development to be fundamentally in accordance with planning policy, particularly policies GP1, ENV2 and HP5 of the Powys Unitary Development Plan.

Impact on Residential Amenity

UDP policy GP1 seeks to safeguard the amenities enjoyed by occupants of neighbouring properties by reasons such as overlooking, overshadowing and privacy. Guidance within the Powys Residential Design Guide suggests that unless it can be demonstrated that privacy can be maintained through design, there should normally be a minimum separation of 20 metres between directly facing habitable room windows on rear elevations. Further guidance advises a minimum direct distance between habitable rooms on the main rear elevations (not extensions) and the rear boundary or flank wall of adjoining development should normally be 10 metres.

The proposed block plan indicates a separation distance of approximately 12.6 metres between the rear elevation of the proposed dwelling (unit 2) and adjoining property (The Steps). It is further noted that the proposed properties are not directly facing and their positions are staggered in relation to the adjoining property. Furthermore, there are no new windows proposed in the gable elevation of the former public house.

Therefore in light of the above and notwithstanding the concerns expressed by neighbouring residents, it is not considered that the proposed development will compromise the amenities enjoyed by occupants of neighbouring properties by reasons of overlooking or overbearing impact.

Whilst it is considered unlikely that the proposed development will adversely affect amenities for the reasons outlined above, given the noted proximity, it is considered that there is a potential for noise nuisance during the construction period. Following consultation, it is noted that the Environmental Health Officer suggested a suitable condition controlling the timings of onsite activities. Subject to the above, Officers consider that the amenity enjoyed by neighbouring occupants can be safeguarded.

On the basis of the above, it is considered that the proposed development is in accordance with planning policy, particularly policy GP1 of the Powys Unitary Development Plan.

Highway Safety and Movement

UDP policy GP4 requires adequate highway provision in terms of access, visibility, passing, turning and parking. Access to the application site is facilitated via an existing access off an unclassified highway which also serves a number of residential properties.

Following consultation, the Highway Authority has confirmed that they do not wish to object to the proposal subject to the imposition of standard highway conditions as detailed within the consultation response above. In light of the comments received, it is not considered that highway safety and movement will be adversely affected. The proposed development is therefore considered to be in compliance with UDP policy GP4.

Ecology and Biodiversity

10 Page 150 UDP policies ENV3 and ENV7 seek to maintain biodiversity and safeguard protected species and their habitats. The Council’s responsibility in respect of protected species is further highlighted within Technical Advice Note 5 and Planning Policy Wales.

Given the nature of the proposed development and element of demolition, Natural Resources Wales (NRW) requested the submission of an Ecological Survey. Members are advised that the requested survey has now been received by Development Management and confirms that no evidence of bat activity was recorded however the building would provide suitable access. In light of the noted observations, the Ecological report recommends a precautionary approach requiring work to cease and NRW to be contacted in the event that bats are found during demolition. Further provision is made for nesting birds and biodiversity enhancement.

Having reviewed the submitted survey, NRW has confirmed that the conclusions of the report are accepted however suggested that the recommendations detailed within the report are secured by condition. Subject to the imposition of the said conditions, it is not considered that protected species and their habitats will be adversely affected by the proposed development.

The proposed development is therefore considered to be in accordance with the listed planning policies, particularly UDP policies ENV3 and ENV7.

Third Party Representations

It is considered that the principle concerns highlighted within third party representations have been addressed within the relevant report sections above. Nevertheless, a number of issues remain outstanding and therefore are considered below;

. Contaminated Land

Concern has been expressed with regards to potential land contamination. Members will note that the Council’s Contaminative Land Officer has confirmed that there are no known risks at the site and therefore on this basis, it is not considered that the proposed development presents a risk to human health or the environment by reasons of contamination.

. Drainage – suitability of the septic tank

On the basis of the information supplied, it is understood that foul and surface water will be disposed of via the mains sewer and sustainable drainage system and not a septic tank. Welsh Water and the Land Drainage Authority have been consulted however at the time of writing this report, no comments have been received. Any further response received will be provided within the Committee update.

Recommendation

Having carefully considered the proposed development, Officers consider that the proposed development is fundamentally in accordance with planning policy. Whilst acknowledging that the loss of a public house can be a contentious matter, its retention must be based on a clear need for the facility. In this instance, Officers consider that sufficient information has been submitted to demonstrated that despite efforts to continue its use, it is now surplus to

11 Page 151 requirements. Its conversion together with the proposed new dwellings will support housing provision within a rural area.

In light of the above and subject to the conditions detailed below, the recommendation is therefore one of approval. Conditions:

1. The development to which this permission relates shall be begun no later than the expiration of five years from the date of this permission.

2. The development shall be carried out strictly in accordance with the plans received 17th March 2015 stamped as approved.

3. Prior to the construction of the dwellings hereby approved samples of the materials to be used in the construction of the external surfaces of the dwellings shall be submitted to and approved in writing by the local planning authority. The development shall thereafter be carried out in accordance with the approved details.

4. Within 5 days from the commencement of the development clear visibility shall be maintained above a height of 0.26 metres above carriageway level over the full frontage of the developed site to the county class III road effective over a bandwidth of 2.4 metres measured from the edge of the adjoining carriageway. Nothing shall be planted, erected or allowed to grow on the area(s) of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction for as long as the development hereby permitted remains in existence.

5. 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.

6. Prior to the occupation of the dwellings, provision shall be made within the curtilage of the site for the parking of not less than 3 cars per dwelling excluding any garage space provided serving the site may both enter and leave the site in a forward gear. The parking areas shall be retained for their designated use for as long as the development hereby permitted remains in existence.

7. 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. This area will be maintained to this standard for as long as the development remains in existence.

8. The centreline of any new or relocated hedge should be positioned not less than 1.0 metre to the rear of the visibility splay.

9. The area of each private drive and any turning area is to be metalled and surfaced in bituminous macadam, concrete or block paviours, prior to the occupation of that dwelling and retained for as long as the development remains in existence.

12 Page 152

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

11. The developer shall 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 conducted. The archaeological watching brief will be undertaken to the standards laid down by the Institute for Archaeologists. The Local Planning Authority will be informed in writing, at least two weeks prior to the commencement of the development, of the name of the said archaeological contractor. A copy of the watching brief report shall be submitted to the Local Planning Authority and the Development Control Archaeologist.

12. Development shall not begin until an appropriate photographic survey of the existing buildings on the site has been carried out in accordance with details to be submitted to, and approved by, the local planning authority. The resulting digital photographs should be forwarded on a CD or DVD to the Local Planning Authority and the Development Control Archaeologist.

13. The development hereby approved shall be undertaken strictly in accordance with Section 9 of the Ecological Survey prepared by Just Mammals, dated August 2015.

14. Prior to the commencement of development, a scaled plan detailing the proposed boundary treatments shall be submitted to and approved in writing by the Local Planning Authority. The boundary treatments shall thereafter be implemented prior to first occupation and retained as such in perpetuity.

Reasons:

1. Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2. To ensure adherence to the plans stamped as approved in the interests of clarity and a satisfactory development.

3. In the interests of the visual amenity of the area and to ensure the satisfactory appearance of the building in accordance with policies GP1 and GP3 of the Powys Unitary Development Plan (2010) and the Councils Residential Design Guide (2004).

4. To ensure adequate space is provided on site for the safe access and egress of traffic onto the county road in accordance with policies GP1, GP4 and HP5 of the Powys Unitary Development Plan (2010), Technical Advice Note 18 – Transport (2007) and Planning Policy Wales (2014).

5. To ensure adequate space is provided on site for the safe access and egress of traffic onto the county road in accordance with policies GP1, GP4 and HP5 of the Powys Unitary Development Plan (2010), Technical Advice Note 18 – Transport (2007) and Planning Policy Wales (2014).

13 Page 153 6. To ensure adequate space is provided on site for the safe access and egress of traffic onto the county road in accordance with policies GP1, GP4 and HP5 of the Powys Unitary Development Plan (2010), Technical Advice Note 18 – Transport (2007) and Planning Policy Wales (2014).

7. To ensure adequate space is provided on site for the safe access and egress of traffic onto the county road in accordance with policies GP1, GP4 and HP5 of the Powys Unitary Development Plan (2010), Technical Advice Note 18 – Transport (2007) and Planning Policy Wales (2014).

8. To ensure adequate space is provided on site for the safe access and egress of traffic onto the county road in accordance with policies GP1, GP4 and HP5 of the Powys Unitary Development Plan (2010), Technical Advice Note 18 – Transport (2007) and Planning Policy Wales (2014).

9. To ensure adequate space is provided on site for the safe access and egress of traffic onto the county road in accordance with policies GP1, GP4 and HP5 of the Powys Unitary Development Plan (2010), Technical Advice Note 18 – Transport (2007) and Planning Policy Wales (2014).

10. To ensure adequate space is provided on site for the safe access and egress of traffic onto the county road in accordance with policies GP1, GP4 and HP5 of the Powys Unitary Development Plan (2010), Technical Advice Note 18 – Transport (2007) and Planning Policy Wales (2014).

11. In order to ensure any archaeological remains are appropriately recorded in accordance with policies ENV17 and ENV18 of the Powys Unitary Development Plan (2010), Welsh Office Circular 60/96 and Planning Policy Wales (2014).

12. In order to ensure an appropriate record is made prior to development in accordance with policies ENV17 and ENV18 of the Powys Unitary Development Plan (2010), Welsh Office Circular 60/96 and Planning Policy Wales (2014).

13. In the interests of biodiversity and protected species. This is imposed in accordance with policies ENV3 and ENV7 of the Powys Unitary Development Plan (2010), Technical Advice Note 5 – Nature Conservation and Planning (2009) and Planning Policy Wales (2014).

14. In the interests of the character and appearance of the surrounding area in accordance with policies GP1, GP3 and ENV2 of the Powys Unitary Development Plan (2010).

Notes

This development will need separate prior approval under the Building Regulations before it may proceed - if you have not already done so please contact Building Regulations 01874 612290 ______Case Officer: Holly-ann Hobbs- Planning Officer Tel: 01597 827319 E-mail:[email protected] 14 Page 154 Page 155 This page is intentionally left blank PTLRW93 - 2015

Delegated List

02/09/2015 00 23/09/2015 00 For the purpose of the Local Government (Access to Information) Act 1985, the background papers relating to each individual planning application constitute all the correspondence on the file as numbered in the left hand column.

FOR INFORMATION Decisions of the Head of Regeneration, Property & Commissioning on Delegated Applications

Application Valid Decision Decision notice Proposal Location No. Date sentdate

The Stables P/2014/1151 28/11/2014 00REFUSE 02/09/2015 Full: Change of use of Llandefalle FULL stables to include residential conversion as part of a scheme for Brecon economic re use LD3 0UN

Norton Manor Caravan Park P/2015/0290 02/04/2015 00CLAWSPLITD 02/09/2015 Application for a Lawful Norton CLA1 EC Development Certificate (Section 191) for the Norton Manor Park existing siting of 67 Presteigne residential caravans for permanent occupation LD8 2EG

Page 157 1 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Ty Capel P/2015/0299 30/03/2015 00CONSENT 02/09/2015 Householder: Garden Llanwrin HOUS shed (resubmission+retrospe ctive) Machynlleth

SY20 8QJ

P/2015/0572 09/07/2015 00REFUSE 02/09/2015 Householder YSTRADGYNLAIS HOUS Two storey extension to the original rear 351 BRECON ROAD elevation

SA9 1RQ

Two Hoots P/2015/0686 24/07/2015 00CONSENT 02/09/2015 Section 73 application: Sarnau REM Variation of condition 2 of planning permission P/2008/0112 to Brecon substitute approved plans with amended LD3 9PR plans B1.10 to allow raising of roof by 400mm. Removal of dorma windows, removal of stair

P/2015/0702 29/07/2015 00CONSENT 02/09/2015 Householder: Proposed Ystradgynlais HOUS detached garden activity room for home 98 Station Road schooling with associated external and drainage works SA9 1PJ

Ty Newydd adjoining Hillcrest P/2015/0030 13/01/2015 00CONSENT 03/09/2015 Full: Change of use of Pentwyn School Clyro FULL building together with alterations to form two dwellings and Hereford realignment / regrading of existing driveway HR3 5SE serving Mill Cottage and associated works

Page 158 2 Application Valid Decision Decision notice Proposal Location No. Date sentdate

P/2015/0624 10/07/2015 00REFUSE 03/09/2015 Full: Erection of FULL detached house Land adjacent to 2 New Street Welshpool

SY21 7SF

Sylvan Vale House P/2015/0643 15/07/2015 00CONSENT 03/09/2015 Householder: Erection HOUS of a two storey garage Churchstoke

SY15 6TG

Squires Roost P/2015/0664 14/07/2015 00CONSENT 03/09/2015 Householder: Cwmllinau HOUS Construction of four dormer windows, two on rear elevation and two Machynlleth to the front elevation SY20 9NT

Upper Ffrydd P/2015/0518 05/06/2015 00CONSENT 04/09/2015 Full: Extension to the Trefeglwys FULL existing poultry unit to accommodate 16,000 free range chicken egg Caersws production together with associated works SY17 5QS

Tan Y Castell P/2015/0546 15/06/2015 00APPROVE 04/09/2015 Full: The siting of 4 Llanerfyl FULL camping pods, male and female toilet block and kitchen unit (all Welshpool portable structures), to include the installation SY21 0JB of a sewerage treatment plant, the creation of a new access, parking area, pathways and

Page 159 3 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Pt OS 6864 & 7154 The Old Rectory P/2015/0599 01/07/2015 00CONSENT 04/09/2015 Section 73 application Aberhafesp REM to vary Condition 2 attached to planning permission Newtown P/2013/0208 in order to extend the time period SY16 3HL of permission

Aston View P/2015/0586 18/06/2015 00CONSENT 07/09/2015 Full: Erection of an FULL agricultural building for housing of livestock Pentre Churchstoke

SY15 6TA

P/2015/0651 13/07/2015 00CONSENT 07/09/2015 Full: Change of use of FULL rear ground floor storage room to 1 45 Mount Street bedroom flat Welshpool

SY21 7LJ

Land at Coed Cae P/2014/0806 06/08/2014 00CONSENT 08/09/2015 Outline application for Cwmbelan OUT erection of a rural enterprise dwelling and detached garage, Llanidloes formation of vehicular access and alterations SY18 6RF to vehicular access, installation of septic tank and and associated works

Treberfydd P/2015/0428 29/04/2015 00CONSENT 08/09/2015 Householder: Proposed Glasbury HOUS first floor extension into existing attic Hereford

HR3 5NT

Page 160 4 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Abergwenlas Farm P/2015/0516 02/06/2015 00CONSENT 08/09/2015 Erection of a covered Llanbadarn Fynydd FULL manure store Llandrindod Wells

LD1 6YA

Abergwenlais Farm P/2015/0517 02/06/2015 00CONSENT 08/09/2015 Erection of a cattle shed Llanbadarn Fynydd FULL Llandrindod Wells

LD1 6YA

Land adjoining 11 Green Lane P/2015/0655 14/07/2015 00REFUSE 08/09/2015 Full: Erection of a FULL dwellinghouse and associated works Presteigne

LD8 2DP

Beechfield House P/2015/0690 15/07/2015 00CONSENT 08/09/2015 Householder application Llyswen HOUS for the erection of steel framed building to store vehicles.

LD3 0UR

Teme View P/2015/0013 09/01/2015 00REFUSE 09/09/2015 Householder: Extension Dutlas HOUS to dwelling, complete refurbishment of existing cottage and Knighton associated external improvements. LD7 1YB

Page 161 5 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Powis Castle P/2015/0601 18/06/2015 00CONSENT 09/09/2015 Full: Installation of new FULL handrail to sundial terrace & bowling Red Lane green, new estate Welshpool fencing & new lift & stairs in retaining wall SY21 8RF

Powis Castle P/2015/0602 18/06/2015 00CONSENT 09/09/2015 Listed Building Consent LBC for repairs to east front main steps, installation Red Lane of new handrail to Welshpool sundial terrace & bowling green, new SY21 8RF estate fencing & new lift & stairs in retaining wall

Coronation Villa P/2015/0652 06/07/2015 00CONSENT 10/09/2015 Householder: HOUS Demolition of garage and partial demolition of Tremont Road rear extension, erection Llandrindod Wells of conservatory to side and rear plus solar LD1 5EB thermal panels to south elevation

Crossways Farm P/2015/0619 22/07/2015 00CONSENT 11/09/2015 Construction of a Llanbister FULL Vicotrian style triple pig sty

LD1 6UF

Page 162 6 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Ail Dy P/2015/0283 23/03/2015 00REFUSE 14/09/2015 Conversion and Kerry FULL alterations of a workshop to form holiday let accomodation and the installation of a package SY16 4DY treatment plant.

The Vicarage Field P/2015/0364 22/04/2015 00REFUSE 14/09/2015 Full: Erection of six FULL dwellings (plots 2-7) and all associated Beulah Road works Llanwrtyd Wells

LD5 4SA

Barland Farm P/2015/0381 28/04/2015 00CONSENT 14/09/2015 Full : Proposed Evenjobb FULL construction of a 250kw Anaerobic Digester (Ad) plant and associated equipment. LD8 2SH

Natwest P/2015/0503 05/06/2015 00CONSENT 14/09/2015 LBC: 1 no. internally LBC illuminated Natwest Cymru fascia; 1 no. 9 West Street Natwest internally Builth Wells illuminated projecting sign; 1 no. Natwest non LD2 3AH illuminated bus stop style projecting sign; 1 no. Natwest non illuminated vinyl ATM tablet cash out sign; 1

Page 163 7 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Natwest P/2015/0505 05/06/2015 00CONSENT 14/09/2015 Advertisement: Display ADV of 1 no. internally illuminated Natwest 9 West Street Cymru fascia; 1 no. Builth Wells Natwest internally illuminated projecting LD2 3AH sign; 1 no. Natwest non illuminated bus stop style projecting sign; 1 no. Natwest non illuminated vinyl ATM Penycoed P/2015/0676 21/07/2015 00CONSENT 14/09/2015 Householder: Erection Pontrobert HOUS of a two storey extension to replace single storey Meifod conservatory SY22 6JH

Cnwch P/2015/0673 31/07/2015 00CONSENT 15/09/2015 Construction of a Llanbister Road FULL covered manure store/storage shed

LD1 6UG

Bracken Hill Lodge P/2015/0674 22/07/2015 00CONSENT 15/09/2015 Householder: Middleton HOUS Engineering operations to re-profile garden area, inclduing Welshpool construction of gabion walls, importation of soil SY21 8DF and erection of fencing (retrospective).

Gwern Y Pant Chapel P/2015/0219 29/04/2015 00CONSENT 16/09/2015 Full: Change of use of FULL agricultural land into residential curtilage, together with the Llansanffraid-Ym-Mechain erection of a detached garage. Engineering SY22 6TA operations to construct retaining wall and all other associated works (retrospective)

Page 164 8 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Little Acre P/2015/0344 24/04/2015 00CONSENT 16/09/2015 Full: Erection of new Kinnerton FULL dwelling in connection with a rural enterprise Presteigne

LD8 2PF

land at Plas Dwpa P/2015/0477 08/05/2015 00CONSENT 16/09/2015 Full; Erection of a Berriew FULL poultry rearing unit (free range) for 14,000 birds including silos and Welshpool associated works SY21 8PS

Caebardd Sawmill P/2015/0537 08/06/2015 00CONSENT 16/09/2015 Full: Erection of a portal Pentrebeirdd, FULL framed building to house machinery to Guilsfield produce wood chip for Welshpool the use in biomass energy production SY21 9DJ

Trewern P/2015/0584 22/07/2015 00CONSENT 16/09/2015 Full: Construction of a Llanrhaeadr-Ym-Moc FULL turbine house, associated excavation hnant of trenches for pipeline Oswestry and cabling, construction of a SY10 0DP metering cubicle and the use of an existing weir as part of a micro hydroelectric power generation scheme Morfodion Farm P/2015/0604 25/06/2015 00CONSENT 16/09/2015 Installation of a ground FULL mounted solar PV system (part retrospective)

SY18 6LU

Page 165 9 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Land Adj. to Morgannwg P/2015/0638 02/07/2015 00CONSENT 16/09/2015 Full: Erection of a FULL bungalow and double garage and all Cilmery associated works Builth Wells

LD2 3NU

Ty Mawr Nursing Home P/2015/0700 05/08/2015 00CONSENT 16/09/2015 Full: Construction of Caehopkin, FULL smoking shelter for employees AStbaetirocrnaR veoad

SA9 1TP

P/2015/0735 27/07/2015 00CONSENT 16/09/2015 Section 73: Removal of REM conditions 3, 4, and 5 of planning approval Plot 28 Ernley Drive P/2013/0752 in relation Montgomery to remove of code for sustainable homes SY15 6UR conditions

Fire Station P/2014/1273 11/12/2014 00CONSENT 17/09/2015 Full: Change of use of FULL former fire station to car sales and display, Tremont Road external alterations and Llandrindod Wells associated works LD1 5EB

The Old Farm House P/2015/0248 10/04/2015 00CONSENT 17/09/2015 Demolition of existing FULL dwelling and erection of a replacement dwelling Oakley Park Llandinam

SY17 5BE

Page 166 10 Application Valid Decision Decision notice Proposal Location No. Date sentdate

45 Spar Stores P/2015/0413 22/04/2015 00CONSENT 17/09/2015 Display of 4 no. fascia ADV signs (3 externally illuminated and 1 non High Street illuminated), 1 no. illuminated projecting sign, 1 no. externally SY22 5AA illuminated gantry sign and 1 double sided post & panel sign

Cwm Ceri (Field) P/2015/0450 12/05/2015 00CONSENT 17/09/2015 Full: Construction of Llanyre FULL agricultural building for storage of fodder and the necessary Llandrindod Wells agricultural impliments. LD1 6EA

The Oaks P/2015/0607 25/06/2015 00CONSENT 17/09/2015 Section 73 application Forden REM Removal of condition 2 of planning permission M2006 0864 relating to Welshpool floor area restriction SY21 8RZ

Land to rear of Golwg y Maes P/2015/0666 14/07/2015 00CONSENT 17/09/2015 Section 73 application: Upper Cwmtwrch REM Vary condition 2 of P/2011/1372 to extend Glyncynwal Road time for approval of Swansea reserved matters; Remove conditions 4,5 SA9 2UR and 6 refering to compliance with Code for Sustainable Homes and remove conditions 7, 8, 9 & 10 as no Caerau Bungalow P/2015/0681 23/07/2015 00CONSENT 17/09/2015 Full: Siting of 5No static Dolwen FULL caravans and associated works (access road and Llanidloes landscaping). SY18 6LL

Page 167 11 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Land to the rear of the Rectory P/2015/0728 24/07/2015 00CONSENT 17/09/2015 Full: Creation of new FULL vehicular access road Old Kerry Road Newtown

SY16 1BP

Llanidloes Sewage Treatment Works P/2015/0731 07/08/2015 00PP 17/09/2015 Proposed Certificate of CLA2 NOTNEEDED Lawful Development: Installation of solar panels to assist in Llanidloes power generation SY18 6LQ

Supermarket Premises (Former P/2015/0749 29/07/2015 00CONSENT 17/09/2015 Display of 1 x internally Co-op) ADV illuminated fascia sign and 1 x non- illuminated Berriew Street fascia sign Welshpool (retrospective) SY21 7SQ

Abergwenlais Farm P/2015/0515 02/06/2015 00CONSENT 18/09/2015 Full: Erection of a Llanbadarn Fynydd FULL covered silage clamp Llandrinddod Wells

LD1 6YA

Page 168 12 Application Valid Decision Decision notice Proposal Location No. Date sentdate

P/2015/0667 27/07/2015 00CONSENT 18/09/2015 Householder: Erection HOUS of front porch and demolition of existing 14 Llys Rhysnant porch. Llanymynech

SY22 6PL

P/2015/0685 24/07/2015 00REFUSE 18/09/2015 Householder: Tregynon HOUS Demolition of existing shed and siting of 24 Cae Melyn pre-fabricated unit as Newtown 'granny annexe' accommodation to SY16 3EF serve elderly relative

Land at Satipanya P/2015/0648 27/07/2015 00CONSENT 21/09/2015 Erection of an annex Hyssington FULL building (revised design proposal) to provide two storey accommodation Churchstoke at Satipanya Buddhist retreat SY5 0JN

Ty Newydd P/2015/0732 11/08/2015 00CONSENT 21/09/2015 Householder: Single Sarnau HOUS storey extension to rear of bungalow

SY22 6QJ

Holly Bush Farm P/2015/0782 10/08/2015 00CONSENT 21/09/2015 Householder: Erection Heldre, Buttington HOUS of a glazed link and extension of balcony

SY21 8TE

Page 169 13 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Newtown Sewage Treatment Works P/2015/0841 24/08/2015 00CONSENT 21/09/2015 Lawful Development Off the B4568 (Canal CLA2 Certificate (Proposed Use) Section 192: Road) Installation of solar Newtown panels to assist in power generation SY16 3AN

P/2015/0701 06/08/2015 00CONSENT 22/09/2015 Householder: Demolish HOUS existing lean to buildings and build new 6 Brecon Road extension Builth Wells

LD2 3ED

land at Wynnstay Premises P/2014/1264 11/12/2014 00CONSENT 23/09/2015 Full: Erection of a Llanfair Caereinion FULL building for use as dental practice (use Watergate Street class D1) and all associated works, including the demolition SY21 0RB of an existing buidling

The Courtyard P/2015/0316 30/03/2015 00REFUSE 23/09/2015 Full : Conversion of part Four Crosses FULL of an agricultural building to a private Domgay Lane dwelling and installation Llanmynach of a private treatment plant SY22 6SL

Providence Chapel P/2015/0328 31/03/2015 00CONSENT 23/09/2015 Full: Change of use of Garthmyl FULL chapel to residential use, installation of new septic tank and Welshpool alterations to existing access. SY15 6SB

Page 170 14 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Land at Hafod Y Foel P/2015/0418 29/04/2015 00CONSENT 23/09/2015 Full: Installation of 2 no. FULL wind turbines with a blade tip height of 22.5m (18m to hub Llanbrynmair height) and associated control cabinets at grid SY19 7AF refs: turbine 1: E292454 N301878 turbine 2: E292426 N301882

Heartsease Bungalow P/2015/0603 23/06/2015 00LAWFUL USE 23/09/2015 Certificate of Llanddewi CLA1 Lawfulness for an existing use (Section 191): Use of bungalow Llandrindod Wells as a single dwelling LD1 6SN

Ynys-Newydd (Land Opposite) P/2015/0671 07/08/2015 00REFUSE 23/09/2015 Outline planning Ynys Uchaf OUT permission with some matters reserved Lock Cottages relating to access, Ystradgynlais appearance landscaping and scale SA9 1RQ in relation to a four bedroom detatched house

P/2015/0755 03/08/2015 00CONSENT 23/09/2015 Change of Use : FULL Ground floor shop to rural estate agents 1 Berriew Street

SY21 7SH

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