Brecon Beacons National Park Authority

PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

24 May 2016

RECOMMENDATIONS OF THE DIRECTOR OF PLANNING

ON APPLICATIONS FOR DETERMINATION BY

THE PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

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APPLICATION NUMBER: 16/13350/FUL APPLICANTS NAME(S): Mrs Lucinda East SITE ADDRESS: Land Adjoining St Johns Close GRID REF: E: 318652 N:221191 COMMUNITY: Llanfihangel Cwmdu DATE VALIDATED: 31 March 2016 DECISION DUE DATE: 26 May 2016 CASE OFFICER: Mr Matthew Scanlon

PROPOSAL Provision of alternative access to proposed development land

ADDRESS Land Adjoining St Johns Close, Tretower, Crickhowell

Page 2 of 22 CONSULTATIONS/COMMENTS Consultee Received Comments

Cwmdu And District 13th Apr 2016 There was a Community Council meeting on Community Council Thursday 7th April 2016 and this application was discussed. I have been asked to write with the following points from the Community Council.

1. The Original proposed entrance from St John's Close should be deleted from the Plan.

2. The Disputed land at St John's Close should be reinstated to fencing and the gate removed.

3. The proposal should include methods for prevention of livestock into the development from the filed - e.g. additional gating.

4 Access to the development during construction to be via the proposed access and at no time should St John's Close be utilised.

Powys County 8th Apr 2016 Wish the following recommendations/Observations Council Highways be applied

Recommendations/Observations

The following conditions should be included 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.

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

Page 3 of 22 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 25 metres in a southerly 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.

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

HC21 Within one month of the commencement of the access works 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.

Reasons

To ensure the safety and free flow of traffic using the adjoining county class III road.

NP Head Of Strategy 28th Apr 2016 The development plan for the area is the Policy And Heritage Beacons National Park Local Development Plan

Page 4 of 22 2007-2022 (hereafter LDP) which was adopted by resolution of the National Park Authority on the 17th December 2013.

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

Proposal The proposal seeks the construction of a track to create access to 2 proposed dwellings.

LDP Policy Context The proposal is located in an area adjacent to but outside of the settlement extent for Tretower. The proposal does not comply with the provisions of E LP1 and as such it is considered to be contrary to the requirements of the development plan. However, an argument can be made that this proposal represents an acceptable departure from the LDP. It is clear from the applicants submission that the only means of accessing the dwellings permitted under 13/09596/OUT and 15/12545/REM is through the creation of this track. The delivery of housing to meet our communities' needs is a strategic priority of the LDP, as such this departure is considered acceptable to facilitate the proposed development.

Recommendation: It is clear that all scenarios for accessing the proposed dwellings have been explored by the applicant. It is clear that this is the only option for facilitating the development is to enable the proposed scheme. This amounts to a technical departure from the LDP, however strategy and policy have no objection.

As always if you have any concerns relating to the contents of my observations, or require additional clarification of any point please do not hesitate to get in contact.

Natalie Ward NP See comments from CPAT below Heritage Officer Archaeology

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CADW Ancient 28th Apr 2016 Alternative access - Land adjoining St John's Close, Monuments Tretower, Crickhowell, Powys

Thank you for consultation received 31 March 2016 inviting our comments on the planning application for the proposed development as described above. Our 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 our assessment against all the other material considerations in determining whether to approve planning permission, including issues concerned with listed buildings and conservation areas. Applications for planning permission are considered in light of the Welsh Government's land use planning policy and guidance contained in Planning Policy (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 important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. 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.

This application is for the construction of an access route between an existing vehicular entrance c.300m to the south of St John's Close and the above housing development site. The proposed access route will pass through a large field to the south and east of the scheduled monuments known as BR117: and BR146: Tretower

Barn, which form part of the Tretower Court, Barn

Page 6 of 22 and Castle complex. This complex forms one of the finest and most evocative medieval manorial groupings in Wales. The large fields surrounding the complex identify its' pastoral setting, and whilst the current fields are not as large as the medieval "open fields" they still enhance the settings of the scheduled monument by their openness. The proposed access route will comprise twin 700mm wide tyre-width tracks of compacted hard-core covered with scalping's set into the surface of the field and separated by the grass, with three vehicular passing points at intervals. The proposal has been devised to appear as a farm track and will by itself have a very slight impact on the setting of BR117: Tretower Court and BR146: Tretower Barn. However, we have significant concerns that the construction of the access route could lead to further development, such as the enclosure of the track and/or it’s upgrading to a metalled road. Changes, such as these, would lead to the existing large field that will be crossed by the access route being divided into much smaller fields. This would have a significant impact on the sense of openness surrounding the scheduled monuments and impinge onto the existing views to them from the A479. These are important elements in the appreciation of the scheduled monuments and contribute significantly to the understanding of their settings.

We consider that it is essential that these potential impacts to the settings of the monuments are prevented. Therefore, we strongly recommend that conditions should be attached to any planning consent granted, or a legal agreement concluded, ensuring that the proposed access route will only be constructed as shown in the current plans and that it will not be enclosed or fenced, so that the settings of the scheduled monuments are protected.

NP Planning Ecologist 18th Apr 2016 A. Planning Policy & Guidance o To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that

Page 7 of 22 cannot be overcome by adequate mitigation and compensation measures. o The adopted Local Development Plan for the Brecon Beacons National Park includes the following policies regarding ecological issues and safeguarding biodiversity: o SP3 Environmental Protection - Strategic Policy o Policy 3 Sites of European Importance o Policy 4 Sites of National Importance o Policy 5 Sites of Importance for Nature Conservation o Policy 6 Biodiversity and Development o Policy 7 Protected and Important Wild Species o Policy 8 Trees and Development o Policy 9 Ancient Woodland and Veteran Trees o Policy 11 Lighting

B. Legislation o Environment Act 1995 - the first Statutory Purpose of the National Park is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park o Natural Environment & Rural Communities Act 2006 - Section 40 requires local authorities to have due regard to conserving biodiversity. This includes reference to the list of priority species and habitats produced under Section 42 of the Act. o Conservation of Habitats & Species Regulations 2010 (as amended) - Regulation 9 requires local authorities to take account of the presence of European Protected Species at development sites. If they are present and affected by the development proposals, the Local Planning Authority must establish whether "the three tests" have been met, prior to determining the application. The three tests that must be satisfied are: i. That the development is "in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment". ii. That there is "no satisfactory alternative"

Page 8 of 22 iii. That the derogation is "not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range"

C. Comments 1. Thank you for consulting me on the above application. The development proposals are for the construction of a new access road from the south- west corner of the field to the north-west corner where there is extant planning permission for the construction of two new dwellings. 2. I have reviewed the documents and drawings submitted with the application, and note that there is an existing gateway, although it will need to be widened to accommodate vehicles accessing and egressing from the site at the same time. 3. The Biodiversity Information Service for Powys and the Brecon Beacons National Park does not hold any records for protected species on the development site and Phase I Habitat data for the site indicates that it is improved pasture. 4. I note from historical maps of the area that the field was formerly an orchard and aerial photos show that there are a few remnant trees within the field; there may be opportunities to re-instate orchard habitat to provide landscaping and biodiversity enhancement at the site. 5. It will be important to ensure that any external lighting is of an appropriate design and sensitively located; if any lighting is required, details should be submitted to the Local Planning Authority for approval. 6. There will be opportunities to accommodate biodiversity enhancement measures through landscaping and planting with native species, including as mentioned in 4 above.

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

1. Prior to the commencement of the development, a landscaping plan and biodiversity enhancement scheme that shall include use of native

Page 9 of 22 species, shall be agreed with the Local Planning Authority and shall be implemented in the first planting season following implementation of the development. The plan shall include details of the planting specifications - the species, sizes and planting densities - and a timetable for implementation and future management to ensure good establishment.

Informative notes:

1. All nesting birds , their nests, eggs and young are protected by law and it is an offence to: o intentionally kill, injure or take any wild bird o intentionally take, damage or destroy the nest of any wild bird whilst it is in use or being built o intentionally take or destroy the egg of any wild bird o intentionally (or recklessly) disturb any wild bird listed on Schedule1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird. The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine of up to 5,000 pounds, six months imprisonment or both. The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) to remove or work on any hedge, tree or building where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built, (usually between late February and late August). If a nest is discovered while work is being undertaken, all work must stop and advice sought from Natural Resources Wales.

2. Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny,

Page 10 of 22 NP7 7AX Tel: 0300 065 3000

Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP o To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006

CADW Ancient 4th May 2016 Thank you for consultation received 31 March 2016 Monuments inviting our comments on the planning application for the proposed development as described above. Our 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 our assessment against all the other material considerations in determining whether to approve planning permission, including issues concerned with listed buildings and conservation areas. 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 important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. 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

Page 11 of 22 the setting of visible remains. This application is for the construction of an access route between an existing vehicular entrance c.300m to the south of St John's Close and the above housing development site. The proposed access route will pass through a large field to the south and east of the scheduled monuments known as BR117: Tretower Court and BR146: Tretower Barn, which form part of the Tretower Court, Barn and Castle complex. This complex forms one of the finest and most evocative medieval manorial groupings in Wales. The large fields surrounding the complex identify its' pastoral setting, and whilst the current fields are not as large as the medieval "open fields" they still enhance the settings of the scheduled monument by their openness. The proposed access route will comprise twin 700mm wide tyre-width tracks of compacted hard-core covered with scalping's set into the surface of the field and separated by the grass, with three vehicular passing points at intervals. The proposal has been devised to appear as a farm track and will by itself have a very slight impact on the setting of BR117: Tretower Court and BR146: Tretower Barn. However, we have significant concerns that the construction of the access route could lead to further development, such as the enclosure of the track and/or it’s upgrading to a metalled road. Changes, such as these, would lead to the existing large field that will be crossed by the access route being divided into much smaller fields. This would have a significant impact on the sense of openness surrounding the scheduled monuments and impinge onto the existing views to them from the A479. These are important elements in the appreciation of the scheduled monuments and contribute significantly to the understanding of their settings. We consider that it is essential that these potential impacts to the settings of the monuments are prevented. Therefore, we strongly recommend that conditions should be attached to any planning consent granted, or a legal agreement concluded, ensuring that the proposed access route will only be constructed as shown in the current plans and that it will not be enclosed or fenced, so that the settings of the scheduled monuments are protected.

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Clwyd Powys 13th Apr 2016 Thank you for the consultation on this planning Archaeological Trust application.

We note that this application is an addition to the already permitted application 15/12545/REM, which carries an archaeological condition for the excavation of the main footprint area of the two permitted dwellings due to the presence of medieval archaeology. That advice followed earlier evaluation of the initial layout, which did not indicate a long new access brought in from the south. The new access proposal has therefore had no prior archaeological intervention.

The new access will be created from a splay on the road opposite the scheduled Tretower Court. It appears that there will be no direct impact to the scheduled monument, but Cadw may still wish to be consulted on setting issues and the primary contact would be Mr Will Davies ([email protected] ).

The access road will traverse north through the predicted medieval historic core of Tretower (see http://www.cpat.org.uk/ycom/bbnp/bbnp.htm and click on Tretower red spot to download PDF report). While the road construction process is anticipated to involve only shallow topsoil and subsoil removal there is a high potential that previously unrecorded archaeology related to the medieval settlement will be revealed. We would therefore recommend that the applicant engages an archaeological contractor to complete a scheme of investigation during the soil stripping process for the new access. In this case a strip/map/excavate approach should be adopted. This recommendation is made in conjunction with the relevant heritage guidance in the local planning policies, Planning Policy Wales (Chapter 6, Edition 8, 2016) and WO Circular 60/96 (Planning and the Historic Environment: Archaeology).

The applicant will need to obtain a brief for this work, either from me, or the BBNP Heritage Officer. Archaeological contractors will be expected

Page 13 of 22 to provide a written scheme of investigation and a quote based on the content of this brief. To facilitate this process the condition in this case would be:

Suggested planning condition to facilitate a scheme of archaeological investigation/excavation as a condition of consent.

No development shall take place within the application area until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation, which has been submitted by the applicant and approved in writing by the Local Planning Authority.

The archaeological programme of work will be undertaken and completed in accordance with the relevant Standards and Guidance laid down by the Chartered Institute for Archaeologists. A copy of the resulting report should be submitted to the Local Planning Authority and the Development Control Archaeologist, Clwyd-Powys Archaeological Trust (41 Broad Street, Welshpool, Powys, SY21 7RR Email: [email protected] Tel: 01938 553670). After approval by the Local Planning Authority, a copy of the report and resulting archive should also be sent to the Historic Environment Record Officer, Clwyd-Powys Archaeological Trust for inclusion in the regional Historic Environment Record and to the National Monuments Record, Royal Commission on the Ancient & Historical Monuments of Wales

Reason: To secure preservation by record of all archaeological remains which will be impacted by the development

Please contact me if you wish to discuss this advice or require further information.

CONTRIBUTORS Cllr Kathryn Silk

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NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

The development has been the subject of notification by way of a site notice and letters to neighbouring properties. One objection as received as a result, stating that the approved access should be closed up - this is considered below.

PLANNING HISTORY

The following applications relate to the development site that the proposed access will serve, rather than the actual application site where there have been no previous applications:

App Ref Description Decision Date

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

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

13/09596/OUT Outline planning application for Application 10th Sep 2013 two residential units Permitted

15/12545/REM Approval of the details of the Application 29th Oct 2015 layout, scale, appearance, access Permitted and landscaping (13/09596/OUT) for two residential units

OFFICER’S REPORT

The following applications relate to the development site that the proposed access will serve, rather than the actual application site where there have been no previous applications:

RELEVANT POLICIES

Policy 1 Appropriate Development in the National Park (Local Development Plan 2013) Policy 6 Biodiversity and Development (Local Development Plan 2013) Policy 17 The Setting of Listed Buildings (Local Development Plan 2013) Policy 22 Areas of Archaeological Evaluation (Local Development Plan 2013) CYD LP1 Enabling Appropriate Development in the Countryside (Local Development Plan 2013)

In the determination of a planning application, regard should also be given to the

Page 15 of 22 requirements of National Planning Policy which are not duplicated in the Local Development Plan. The following Welsh Government Planning Policy is relevant to the determination of this planning application:-

Planning Policy Wales Chapter 4 - Planning for Sustainability, Chapter 5 - Conserving and Improving Natural Heritage and the Coast, Chapter 6 - Conserving the Historic Environment, Chapter 8 - Transport, Chapter 9 - Housing, Chapter 12 - Infrastructure and Services. Planning Policy Wales Technical Advice Note 12 - Design Planning Policy Wales Technical Advice Note 5 - Nature Conservation and Planning

INTRODUCTION This is a full application for a revised access track serving two dwellings on land to the east of Tretower. The two dwellings were approved under outline application reference number 13/09506/OUT, with application reference number 15/12545/REM approving the access to the site from St. John's Close. The existing, approved access from St John's Close falls outside the settlement boundary of Tretower though the two dwellings fall within the settlement boundary of Tretower.

The two dwellings have not been built and this application seeks a revised access track of approximately 115m in length connecting the development site to an existing entrance gate off the Class III Highway. The application is due to be decided by the Planning, Access and Rights of Way committee because the access track falls outside the settlement boundary and is therefore considered to be a departure from the adopted Local Development Plan.

This report demonstrates that although the proposed access track is a departure from policy, on balance the departure is considered acceptable in order to facilitate the delivery of two dwellings which is a strategic priority of the LDP.

PROPOSAL AND DESCRIPTION OF DEVELOPMENT The application site is a level agricultural field located outside but adjacent to the settlement boundary of Tretower, a level 4 settlement according to the National Park Authority Local Development Plan (2013).

The proposed access is approximately 115m in length and connects the approved dwellings to an existing tarmac drive to the south, which is 30m in length, has dry stone walls on either side and provides access for agricultural vehicles into the field. The proposal also seeks permission to remove approximately 600mm of wall in order to create a satisfactory visibility splay on to the highway.

The proposed track is adjacent to Tretower Court and Barn, a Scheduled Ancient Monument and Grade 2* Listed Building, separated from the application site by a stone car park, grass area with a mature tree and a dry stone wall at approximately 1.2metres in height. The applicant undertook pre-application with NPA planning officers who recommended that the final design consider visual impact on local heritage. This advice

Page 16 of 22 has been reflected in the submitted plans and supporting design statement which are considered later in this report.

The applicant has explored other means of access into the development site including St. John's Close to the west and the A479 to the north. St John's Close, the approved access under application reference number 15/12545/REM, is separated from the application site by a small grass verge. The applicant has not been able to gain permission from the landowner to develop an access point in this location. Regarding an access via the A479, the Trunk Road Agency have advised that the development should not take access from this road in order to safeguard the free flow and safety of trunk road traffic.

PRINCIPLE OF DEVELOPMENT AND PLANNING POLICY CONTEXT The National Park Authority's Policy officer was consulted on the application and stated the following:

'The proposal is located in an area adjacent to but outside of the settlement extent for Tretower. The proposal does not comply with the provisions of E LP1 and as such it is considered to be contrary to the requirements of the development plan. However, an argument can be made that this proposal represents an acceptable departure from the LDP. It is clear from the applicant's submission that the only means of accessing the dwellings permitted under 13/09596/OUT and 15/12545/REM is through the creation of this track. The delivery of housing to meet our communities' needs is a strategic priority of the LDP, as such this departure is considered acceptable to facilitate the proposed development'.

Although the access track falls outside the defined settlement boundary, in light of alternative access points having been explored and the informal nature of proposed track, the inclusion of land outside the defined settlement boundary is justified to provide access to two dwellings that would meet community needs in line with the strategic priority of the Local Development Plan. Therefore the application does not represent a significant departure from the LDP.

The principal of the residential development of this site is therefore considered to be acceptable.

DESIGN CONSIDERATIONS The existing access from the Class III highway is surfaced in tarmac for approximately 30m with dry stone walls to each side. The proposed track will continue into the field from the end of the existing tarmac track.

The proposed track comprises two wheel tracks of 700mm width with compacted scalpings on a 200mm hardcore base. A grass island would separate the wheel tracks in order to assimilate the track with the field. This is a traditional, informal type of driveway, matching similar driveways within the local area. The proposed access track will run in close proximity to the existing dry stone wall which surrounds the car park

Page 17 of 22 to Tretower Court and Barn. This will limit the visual impact on the Scheduled Ancient Monument and minimise impact on the local area in general.

The removal of 600mm of wall will provide a satisfactory visibility splay for vehicles exiting the site. No new materials will be required for the modifications to the existing entrance and all the stones removed will be reset as required. The applicant has stated in the design statement that all the stones and scalpings used to create the access link will be obtained locally.

The proposal is therefore considered to be acceptable in design terms.

NEIGHBOUR AMENITY Neighbours were consulted and a site notice was posted. No objections were received.

The Community Council were consulted and did not object to the proposal, although they have raised the following points. The Authority response to these points is provided below. o The original proposed entrances from St John's Close should be deleted from the plan. o The disputed land at St Johns Close should be reinstated to fencing and the gate removed. o The proposal should include methods for prevention of livestock into the development from the field e.g. additional gating. o Access to the development during construction to be via the proposed access and at no time should St. Johns Close be utilised.

The applicant undertook pre-application advice with the Local Planning Authority, who advised that if the current application is successful, then an application should be submitted to vary the relevant conditions of the outline and reserved matters consents relating to access to the site from St. John's Close. This would effectively close the development off to St. John's Close. Any submission should also include any alteration to boundary treatment or entrance gates.

With regard to the use of the proposed access track for construction traffic, and the provision of livestock fencing these matters could be achieved using a planning condition.

It is therefore considered that the application is acceptable in terms of neighbour amenity.

HIGHWAY SAFETY The access track will provide 3 vehicular passing bays which, will be finished in compacted scalpings on a 200mm hardcore base. This is considered to be acceptable for the proposed use.

Page 18 of 22 A 600mm section of wall is proposed to be removed from the point of access onto the Class III Highway and the adjacent gate repositioned to allow for the required visibility splay to be achieved. This was suggested by the Highway Officer at a meeting on site and has been reflected in the submitted plans.

The Highway Authority have raised no objections to the application subject to any decision notice containing the suggested conditions numbered 3-7 of this report.

It is therefore considered that the application is acceptable in terms of Highway Safety.

PROTECTED SPECIES The National Park Authority Planning Ecologist was consulted and does not object to the proposal subject to the inclusion of a planning condition to provide biodiversity enhancements (which has been included at condition 8) and informative notes in the case of any protected species being found on site during construction (included as informatives).

It is therefore considered that the application is acceptable in terms of protected species.

ARCHAEOLOGY The Clwyd-Powys Archaeological Trust were consulted as part of the application. They recommended that the applicant engages an archaeological contractor to complete a scheme of investigation during the soil stripping process for the new access. In this case a strip/map/excavate approach should be adopted. This recommendation is made in conjunction with the relevant heritage guidance in the local planning policies, Planning Policy Wales (Chapter 6, Edition 8, 2016) and WO Circular 60/96 (Planning and the Historic Environment: Archaeology).

The applicant will need to obtain a brief for this work, either from the Clwyd-Powys Archaeological Trust, or the BBNP Heritage Officer. Archaeological contractors will be expected to provide a written scheme of investigation and a quote based on the content of this brief. A planning condition has therefore been recommended (condition 9) to facilitate a scheme of archaeological investigation/excavation.

Cadw were consulted on the application and although they did not object to the proposal, they have significant concerns about the access track and strongly recommend that conditions should be attached to any planning consent granted to ensure that the proposed access route will only be constructed as shown in the current plans and that it will not be enclosed or fenced, so that the settings of the scheduled monuments are protected. This matter has been proposed at condition 10.

CONCLUSION It is recommended that the application is approved, subject to the following conditions:

Page 19 of 22 RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v1, NP2v1, NP3v1), unless otherwise agreed in writing by the Local Planning Authority. 3 Prior to the construction of the access track hereby permitted 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 access track hereby permitted remains in existence. 4 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 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 25 metres in a southerly 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. 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 Within one month of the commencement of the access works 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. 7 Upon formation of the visibility splays as detailed in condition 4 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. 8 Prior to the commencement of the development, a landscaping plan and biodiversity enhancement scheme that shall include use of native species, shall be agreed with the Local Planning Authority and shall be implemented in the first planting season following implementation of the development. The plan shall include details of the planting specifications - the species, sizes and planting

Page 20 of 22 densities - and a timetable for implementation and future management to ensure good establishment. 9 No development shall take place within the application area until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation, which has been submitted by the applicant and approved in writing by the Local Planning Authority.

The archaeological programme of work will be undertaken and completed in accordance with the relevant standards and Guidance laid down by the Chartered Institute for Archaeologists. A copy of the resulting report should be submitted to the Local Planning Authority and the Development Control Archaeologist, Clwyd-Powys Archaeological Trust (41 Broad Street, Welshpool, Powys, SY21 7RR Email: [email protected] Tel:01938553670).

After approval by the Local Planning Authority, a copy of the report and resulting archive should also be sent to the Historic Environment Record Officer, Clwyd- Powys Archaeological Trust for inclusion in the regional Historic Environment Record and to the National Monuments Record, Royal Commission on the Ancient & Historical Monuments of Wales. 10 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking, amending and re-enacting that Order) no fence will be permitted along the length of the proposed access track, other than an agricultural post and wire fence (or similar alternative which shall be submitted to and approved in writing by the Local Planning Authority). 11 During construction of the access track hereby approved the sole means of access will be from the access track approved under this decision notice and at no time will any vehicle be allowed to enter the development from St John's Close.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 To ensure the safety and free flow of traffic using the adjoining county class III road. 4 To ensure the safety and free flow of traffic using the adjoining county class III road. 5 To ensure the safety and free flow of traffic using the adjoining county class III road. 6 To ensure the safety and free flow of traffic using the adjoining county class III road. 7 To ensure the safety and free flow of traffic using the adjoining county class III

Page 21 of 22 road. 8 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP 9 Reason: To secure preservation by record of all archaeological remains which will be impacted by the development 10 To maintain the character and appearance of the development and to protect the visual amenities of this part of the National Park. 11 To protect the amenity of neighbouring residents

Informative Notes:

1 All nesting birds , their nests, eggs and young are protected by law and it is an offence to: -intentionally kill, injure or take any wild bird -intentionally take, damage or destroy the nest of any wild bird whilst it is in use or being built -intentionally take or destroy the egg of any wild bird -intentionally (or recklessly) disturb any wild bird listed on Schedule1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird. The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine of up to 5,000 pounds, six months imprisonment or both.

The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) to remove or work on any hedge, tree or building where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built, (usually between late February and late August). If a nest is discovered while work is being undertaken, all work must stop and advice sought from Natural Resources Wales.

Reason: To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006 2 Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000 Reason: To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006

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