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16-13350-FUL Land Adjoining St Johns Close Tretower PDF 290 KB 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 Page 1 of 22 APPLICATION NUMBER: 16/13350/FUL APPLICANTS NAME(S): Mrs Lucinda East SITE ADDRESS: Land Adjoining St Johns Close Tretower Crickhowell Powys 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 Brecon 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 Page 5 of 22 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 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 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 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.
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