16/13829/FUL Powys County Council Land at and Adjacent to Llangors

ITEM NUMBER: 7

APPLICATION NUMBER: 16/13829/FUL APPLICANTS NAME(S): Powys County Council SITE ADDRESS: Land At And Adjacent To Llangors Church In Wales Primary School Llangors Brecon LD3 7UB GRID REF: E: 313301 N:227674 COMMUNITY: Llangors DATE VALIDATED: 20 September 2016 DECISION DUE DATE: 18 October 2016 CASE OFFICER: Donna Bowhay

PROPOSAL Demolition of existing primary school and construction of a new primary school and associated works

ADDRESS Land At And Adjacent To Llangors Church In Wales Primary School, Llangors, Brecon

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CONSULTATIONS/COMMENTS Dwr Cymru Welsh Water - Developer Services 10th Oct 2016 We refer to the recent amendments made to the above application, and wish to provide the following comments in respect to the new details proposed. Our understanding is that the only amendment in relation to drainage refers to the revised surface water route to the outfall as indicated on drawing no. CC1555 CAM 00 00 GA C 103 and 104 revision P2, with no alteration made to the foul water strategy. Therefore on this basis we have no further comment to make and stand by our previous response dated 22 August 2016.

However, if our understanding is incorrect, or 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.

Dwr Cymru Welsh Water - Developer Services 23rd Aug 2016 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 No development shall commence until a drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The scheme shall provide for the disposal of foul, surface and land water, and include an assessment of the potential to dispose of surface and land water by sustainable means. Thereafter the scheme shall be implemented in accordance with the approved details prior to the occupation of the development and no further foul water, surface water and land drainage shall be allowed to connect directly or indirectly with the public sewerage system.

Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment. The approved use shall not commence until an adequate grease trap has been fitted in accordance with details that have been submitted to and approved in writing by the local planning authority. Thereafter the grease trap shall be maintained so as to prevent grease entering the public sewerage system.

Reason: To protect the integrity of the public sewage system and ensure the free flow of sewage. Advisory Notes

The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public

Page 2 of 66 sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com

The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

SEWAGE TREATMENT

No problems are envisaged with the Waste Water Treatment Works for the treatment of domestic discharges from this site.

WATER SUPPLY

Dwr Cymru Welsh Water has no objection to the proposed development.

The proposed development is crossed by a trunk/distribution watermain, the approximate position being shown on the attached plan. Dwr Cymru Welsh Water as Statutory Undertaker has statutory powers to access our apparatus at all times. I enclose our Conditions for Development near Watermain(s). It may be possible for this watermain to be diverted under Section 185 of the Water Industry Act 1991, the cost of which will be re-charged to the developer. The developer must consult Dwr Cymru Welsh Water before any development commences on site.

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.

If you have any queries please contact the undersigned on 0800 917 2652 or via email at [email protected]

Please quote our reference number in all communications and correspondence.

Llangors Community Council 13th Oct 2016 Thank you for the revised correspondence regarding the above planning application. Llangors

Page 3 of 66 Community Council have recently held a meeting where the matter was discussed. The Community Council support the revised details subject to the comments submitted in our letter dated 21/8/16, which remain valid. We would be very grateful if we could have a response to the points raised in that letter. We look forward to hearing from you.

Llangors Community Council 23rd Aug 2016 Thank you for the correspondence regarding the above planning application. Llangors Community Council have recently visited the site and held a meeting where the matter was discussed. The Community Council note the site for the proposed new school is outside of the BBNPA LDP village boundary and it is assumed the application is being considered as a major development on an edge of settlement exception site in line with LDP Policy 4.8 and ELP1. The new school is on agricultural land and change of use of the land to Community use is not specified within the application. The design of the building at the entry to the village does not appear architecturally attractive, perhaps determined by monetary constraints.

Llangors Community Council welcome the proposal for a new school in order to support the sustainability of the community, its economy and employment opportunities The Community Council supports the application subject to the following matters being considered.

1. Shared Community Asset. The grounds of the current school which forms part of this application is a long established asset shared with the community outside of school hours for recreational purposes. This recreation area available for Llangors residents of all ages is the only suitable area available in the village and it is paramount that the facility continues to be available. It is an essential asset for the community and aids social and physical wellbeing and quality of life for residents. In line with the BBNPA LDP policy chapter 8 regarding planning obligations/conditions, the Community Council seek planning gain to secure the future provision of this community facility. This to include all recreational land/play areas associated with the proposed school as being available for Community recreational use daily outside of school hours. Securing this asset as a planning obligation/condition will strengthen and enhance community cohesion for the enjoyment of future generations. Such planning obligations/conditions for community recreation areas are supported by Powys County Council (PCC) Outdoor Recreation policy. PCC officer Stephan Butcher can provide assistance with this matter should it be required.

2. Car parking proposals and agricultural access point a) Number of spaces being provided. The submitted transport statement acknowledges that there are 65 cars associated with pupils arriving at the school at the end of the school day, and 11 car parking spaces are required for staff. Providing 56 spaces and 3 disabled spaces therefore means a shortfall of 20 spaces. We understand that the applicants are seeking to use the Llangors Youth & Community Centre car park as well, subject to a written agreement, however we seek to ensure that the amount of parking spaces provided at the school remains as per the proposal as a minimum, and will certainly not be reduced in number at any stage in the future. b) Agricultural access off the proposed school car park. Reports submitted indicate significant work has been carried out to ensure the safety of users of this car park. It is then of much concern that the proposal allows for a shared use of the entrance and highway into the school

Page 4 of 66 including a 15ft agricultural access to multiple fields next to the site. It would appear that access to the farmland is either around the one way system or incorrectly crossing it. Additionally, has consideration been given to farming activities and the risks associated with it (potential animal waste or chemical spill etc.) and this access so close to a school? It is envisaged that any type of restricted access to farmland would not be functional for the landowner. c) Agricultural access off the main highway. Plan NP2v1 indicates that the agricultural access close to the junction with Llangors Lake is to be filled in, however plan NP17v1 does not indicate the same. It is therefore unclear what the proposal is for this agricultural access. It is suggested consideration be given for agricultural access to remaining farmland only be directly from the main highway via an existing access as opposed to the proposed 15ft gated access via the school site entrance.

3. Main highway proposals a) Plan NP17v1 fails to show all entrances in the vicinity of the site. It does indicate that the existing buildout will be removed and a new buildout provided nearer to the property known as Beacons View. The Community Council are concerned about this proposal as the visibility of the new buildout, when travelling towards Llangors village, will be poor due to a bend in the road. Presently at peak times there are often 2 or 3 cars backed up at the point of the build out along with larger vehicles such as a dustbin lorry and secondary school buses. Additionally there are articulated lorries which transport static caravans to and from Llangors Lake and it is unclear whether the proposed site of the new buildout will allow this manoeuvre. We request the site of the buildout be re assessed to include an analysis of swept paths for the Llangors Lake junction. b) The submitted transport statement highlights the volume of traffic descending on Llangors at school times. The proposed site being outside of the LDP village boundary and the highway proposals spreading to existing areas of highway where safety concerns already exist, enhances the urgent need to improve the highway infrastructure at the entrance to the village and the area of the Lake junction. BBNPA LDP settlement assessment report for candidate site A (now the proposed site of the new school) acknowledges that the road is "quite narrow in places". To avoid any detrimental impact on highway safety whist granting permission at this site and in line with BBNPA LDP chapter 8, the Community Council seek planning gain in the form of a planning condition/obligation to improve the highway that serves the proposed site and in so doing provide a safer route to school. This will also ensure a long term benefit for residents and tourists visiting Llangors Lake, a key/targeted tourist area within the BBNP. c) Road to Llangors Lake. Plan NP17v1 correctly shows an existing footway from Llangors village to the junction with Llangors Lake. At this point to continue the route to Llangors Lake pedestrians have to walk the narrow road. Pedestrians include the pupils of Llangors primary school on educational visits to the Lake area. Safety of all pedestrians between the highway junction with the main road and cattle grid at the entrance to Llangors common has been of concern for many years. PCC have a road safety and traffic management scheme drawn up for this area which was approved for the roads capital programme in April 2014, but removed due to budget constraints in June 2015 - PCC Derek Price, Principal Engineer (Roads) is dealing with this case. In line with BBNPA policy the Community Council seek a planning condition/obligation to commence/complete this scheme in order enhance the safety of the school children using this route for educational visits to Llangors Lake along with the added benefit to highway safety provided for residents and tourists alike.

Page 5 of 66 4. Play equipment at Llangors Youth & Community Centre. There is a small enclosed area of play equipment sited at the side of the centre which is in need of upgrading. This equipment is extensively used by Llangors primary school children at the end of the school day whilst they await siblings to finish after school clubs before departing Llangors for home. Llangors Youth & Community Centre, who have been keen to assist with the progress of the Community Focused 21st Century Schools project at Llangors, are seeking a monetary contribution towards the renewal of this equipment. The Community Council support this request in the form of a planning obligation/condition and would particularly wish to see this money available should point 1 above not be possible. 5. The Oak tree to be felled at the proposed new entrance to the site has a silver disk on it and a number 1278. The significance of the disc/number is unknown, however we would appreciate if you could check if this tree has a preservation order on it.

We trust this information will be considered. To achieve a positive outcome for all parties we would welcome a meeting to discuss our requests further in order for all parties to better understand the position of the Community Council and the views of our residents. Please do not hesitate to contact me at your convenience to discuss this matter.

Natural Resources Wales/Cyfoeth Naturiol Cymru 14th Oct 2016 Thank you for re-consulting Natural Resources Wales (NRW) regarding the above planning application on 27 September 2016. We note that the proposed change of materials- replacement of red brick with painted render- is an improvement in relation to local distinctiveness. We have no further comments to offer in respect of landscape matters. I can confirm that the comments made and the conditions requested in our previous response (our ref: CAS-21902-M0W7; dated 01 September 2016) in respect of European Protected Species and unsuspected contamination still stand.

Natural Resources Wales/Cyfoeth Naturiol Cymru 1st Sep 2016 Thank you for consulting Natural Resources Wales (NRW) regarding the above planning application on 02 August 2016. We recommend that you should only grant planning permission if you attach the following conditions. These conditions would address significant concerns that we have identified and we would not object provided you attach them to the planning permission. Summary of Conditions: Condition 1: European Protected Species- mitigation Condition 2 & 3: European Protected Species- licence Condition 4: European Protected Species- lighting plan Condition 5: Unsuspected Contamination Condition 6: Landscape Scheme and Landscape and Ecological Management Plan Further details in relation to each condition is given below. Conditions 1- 4: European Protected Species We welcome the submission of the document entitled 'Ecological Appraisal Report - Llangors Church in Wales Primary School, Powys Schools' (dated July 2016) by RPS. We note that the

Page 6 of 66 school building to be demolished was found to be used as a roost by a soprano pipistrelle bat. A veteran oak to be removed as a result of the works was found to support a roost of at least 10 soprano pipistrelle bats. Furthermore, activity surveys and remote recording found that the boundary hedgerows and woodland edge are used by at least seven species of bats, including light-sensitive species such as lesser horseshoe and brown long-eared bat. Bats and their breeding sites and resting places are protected under the Conservation of Habitats and Species Regulations 2010 (as amended). Where bats are present and a development proposal is likely to contravene the legal protection they are afforded, the development may only proceed under licence issued by Natural Resources Wales, having satisfied the three requirements set out in the legislation. A licence may only be authorised if: i. The development works to be authorised are for the purpose of preserving public health or 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. There is no satisfactory alternative; and iii. The action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in its natural range.

Paragraph 6.3.7 of Technical Advice Note 5: Nature Conservation and Planning (TAN5) states that your Authority should not grant planning permission without having satisfied itself that the proposed development either would not impact adversely on any bats on the site or that, in its opinion, all three conditions for the eventual grant of a licence are likely to be satisfied. It is our understanding that the proposed works affecting the two bat roosts on site are to be undertaken at different times, with the tree roost to be removed prior to construction of the new school buildings, and the demolition of the old structures to follow later. On the basis of the information provided, we are of the view that the proposed development is likely to give rise to the need for EPS licence applications.

However, we do not consider that the proposal is likely to be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in its natural range, provided that appropriate mitigation measures are put in place for the loss of both known roosts. Therefore, we do not object to the proposal, subject to conditions being imposed on any planning permission granted to ensure: 1. A detailed working method statement for felling the tree containing the soprano pipistrelle bat roost is submitted to the Local Planning Authority for approval prior to any works, which could affect the roost within the tree, commencing on site. The method statement to include (but not be limited to) timing of works, ways of working, tools to be used, proposals for any preworks inspections, and contingencies in case bats are found during works.

Method statement to be implemented as agreed. 2. There is no commencement of tree felling or any development works, which could affect the tree roost, until your authority has been provided with a licence that has been issued to the applicant by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations (2010) authorising the specified activity to go ahead. 3. There is no commencement of demolition works until your authority has been provided with a licence that has been issued to the applicant by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations (2010) authorising the

Page 7 of 66 specified activity to go ahead. 4. A lighting plan, indicating how illumination of the known bat access point and flightlines will be avoided, is submitted to the Local Planning Authority for approval. To be implemented as agreed. Please note that any changes to plans between planning consent and the licence application may affect the outcome of a licence application.

Condition 5: Unsuspected Contamination We refer you to the Ground Investigation report by Ian Farmers Associates (dated July 2016), the Phase 1 Environmental Assessment by Cambria Consulting Limited (their ref: CC1555/REP01/A; dated May 2016), and the Environment Management Plan by Wilmott Dixon (their ref: GP-FM-EM-220; dated July 2016). Historic maps within the phase1 geo-environmental assessment demonstrate that the site was greenfield until 1976 when school was developed. There have been no substantial sources of contamination identified within the information submitted. Given the possible presence of fuel storage tanks (associated with heating for example) on site, as detailed within the Environmental Management Plan, there is a risk of 'unsuspected contamination' from potential fuel leaks or spills which could be encountered during development. There are sensitive environmental receptors associated with the site that should be considered in these instances, such as the Nant Cwy which is approximately 10m from the south east and flows into Llangorse Lake (see comments elsewhere regarding the Llangorse Lake SAC/SSSI), and an underlying secondary aquifer The applicant should follow best practice and guidance regarding tank removal and decommissioning, which should be adhered to during demolition or re-development.

The applicant should also be aware of the requirements of The Water Resources (Control of Pollution) (Oil Storage) (Wales) Regulations 2016 regarding the installation of any new fuel storage tanks on site.

In consideration of the above, we recommend that the following condition be included in any planning permission you are minded to grant for this proposal: Condition: If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority detailing how this unsuspected contamination shall be dealt with. Reason: Given the size and/or complexity of the site it is considered possible that there may be unidentified areas of contamination at the site that could pose a risk to controlled waters if they are not remediated. Condition 6- Landscape The site lies within the Brecon Beacons National Park and Middle Usk Valley: Brecon & Llangorse Registered Historic Landscape. The site also lies within the Wye Valley Foothills Landscape Character Area 14, described in the Brecon Beacons National Park Landscape Character Assessment. Furthermore, the site lies within the following aspect areas in LANDMAP: Llangorse Lake Basin (BRCKNVS522) Visual & Sensory aspect area- rated as "high" value;

Page 8 of 66 Llanhamlach (BRCKNHL857) Historic Landscape aspect area- rated as "outstanding" value; Llangorse (BRCKNHL701) Historic Landscape aspect area- rated as "high" value. Whilst we have no objection in principle to a replacement primary school, and we note there may be reduced sensitivity on the existing school site, we are concerned about the impact of the proposals on the local landscape, which is highly sensitive. We consider that the landscape and visual impact assessment by Anthony Jellard Associates (dated July 2016) has underestimated the impacts to some extent. The loss of mature trees, including a veteran oak is a concern, along with the rearrangement of the field pattern.

The visual impact of the building and large car park appear to have been underestimated, given that photographs are of summer views only and the assessment appears to relate to these. In winter visual impact would be greater. Views to the school building from the public road are focussed on the kitchen and deliveries area.

We recommend that further consideration is given to the retention of mature trees and hedgerows in situ and the visual appearance and character of the proposals within the landscape. Should you be minded to grant this proposal permission, we recommend the inclusion of a condition requiring the submission of a detailed landscape scheme, including details of the hedgerow translocation, and a Landscape and Ecological Management Plan.

Assessing the Effects of Development on the Llangorse Lake Special Area of Conservation (SAC) and) Site of Special Scientific Interest (SSSI). The Environmental Assessment by Cambria Consulting Limited identifies that the Nant Cwy, flows north east to south west approximately 10m from the south east Boundary, and flows into the Llangorse Lake SAC/SSSI.

Special Area of Conservation As a Competent Authority for the purposes of the Conservation of Habitats and Species 2010 Regulations (as amended), your Authority must not agree to any plan or project unless you are certain that it will not adversely affect the integrity of a Special Area of Conservation (SAC). We recommend that your Authority carries carry out a test of likely significant effects (TLSE) for the SAC, which is required under Regulation 61 of the Conservation of Habitats and Species Regulations 2010 (as amended). This test applies to impacts on the SAC from the proposed works, either alone or in combination with other plans and projects. If the test concludes there is likely to be a significant effect then an appropriate assessment of the impacts on the SAC from the proposed works, either alone or in combination with other plans and projects, will be required. We would be able to assist you with that assessment in our role as the statutory nature conservation body under the above Regulations.

In order to have sufficient information to carry out a TLSE, we recommend that the applicant provides details of how pollution of the watercourse is to be prevented by employing appropriate pollution prevention measures during construction and operation of the development. Although withdrawn, in the absence of any new or published information, we refer the applicant to Pollution Prevention Guidance (PPGs) which provide useful advice on pollution prevention matters, which can be found on the following website: https://www.gov.uk/government/collections/pollution-prevention-guidance-ppg

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The applicant should also provide confirmation that any additional foul drainage requirements can be met.

Site of Special Scientific Interest The Wildlife and Countryside Act 1981 (as amended) places a duty on public authorities in exercising their functions, so far as this is likely to affect the flora, fauna, geological or physiographical features of a SSSI, to take reasonable steps consistent with the proper exercise of their functions to further the conservation and enhancement of those features. By satisfying the requirements regarding the SAC, as indicated above, it is likely the requirements for the SSSI will also be met.

UK Protected Species The applicant should be made aware that water voles have been re-introduced to Llangorse lake- the authors of the ecology report do not appear to be aware of this. Should you require further advice please discuss this with your Authority's in-house ecologist.

Guidance on matters within NRW remit Our comments above only relate specifically to matters that are included on our checklist, Natural Resources Wales and Planning Consultations (March 2015), which is published on our website at the following link: (https://naturalresources.wales/planning-and-development/planning-anddevelopment/?lang=en)

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

NP Heritage Officer Archaeology 4th Oct 2016 National Policy Framework Welsh planning legislation and policy guidance outlines that the desirability of preserving archaeological remains and their setting is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.1). Planning Policy Wales (Edition 8: 2016): Paragraph 6.5.1. 'The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. In cases involving lesser archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development.'

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This means that Local Planning Authorities in Wales have to take into account archaeological considerations and deal with them from the beginning of the development control process (WO Circular 60/96 Para. 10), and need to be fully informed about the nature and importance of archaeological remains, and their setting, and the likely impact of any proposed development upon them (WO Circular 60/96, Para. 15). Welsh Office Circular. Planning and the Historic Environment: Archaeology (60/96)

The Welsh Office published its Circular on Planning and the Historic Environment: Archaeology (60/96) in December 1996. This sets out the Secretary of State's policy on archaeological remains on land, and provides recommendations, many of which have been integrated into Local Development Plans. Paragraph 3 states:

Archaeological remains are a finite, and non-renewable resource, and in many cases highly fragile and vulnerable to damage and destruction. They are the product of human activity over thousands of years and may vary enormously in their state of preservation and in their appeal to the public…. Appropriate management is essential to ensure that archaeological remains survive in good condition. In particular, care must be taken to ensure that archaeological remains are not needlessly or thoughtlessly destroyed. They are part of our cultural heritage not least in terms of the information they provide about the past, valuable both for their own sake and for their role in education, leisure and tourism.

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

LDP. Policy 22 Areas of Archaeological Evaluation Where important archaeological remains are known to exist or may exist within an area for archaeological evaluation, the archaeological implications of development proposals shall be evaluated by qualified and independent Archaeologists before planning applications are determined. Planning permission will not be granted where the evaluation is deemed inadequate by the NPA in consultation with its archaeological advisor.

Archaeological sensitivity and significance of the site Llangorse is located in a rich archaeological landscape, within the Middle Usk Valley, Brecon and Llangorse Landscape of Outstanding Historic Interest. Historical evidence indicates that Llan- gors was a royal and episcopal estate from about the 8th century. Historical and archaeological evidence demonstrate that the crannog towards the northern side of Llangorse Lake was a residence of the kings of Brycheiniog in the 9-10th centuries. A record in the Anglo-Saxon Chronicle records an army sent by Aethelflaed into Wales, storming Brecenanmere 'Brecon mere' and capturing the king's wife and over thirty other members of the court. Brecenanmere is equated with the site of the crannog, which is scheduled, and located less than a km to the south of Llangorse village.

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The Village of Llangorse has an interesting, and significant developmental history. An early monastic establishment, referred to in the Llandaff charters is believed to have existed in Llangorse from the 7th century, perhaps until the Norman Conquest. This establishment has been gifted by the king of Brycheiniog to the church of Llandaff, but the location of this early monastery is, as yet, unknown.

The church is referred to in 1143, and retains features of 15th and 16th century detail. St Paulinus is Grade II* listed. Three early medieval stones, with inscriptions, are recorded in association with the church.

No heritage assets are recorded within the area of the application. However, the site is located close to the historic core of the medieval village, and part of the defined envelope of the historic core as outlined in the LDP, encompasses part of the appraisal site.

Also within the immediate vicinity of the site are two cottages and gardens are recorded on the Llangorse Tithe map, and shown on the early Historic Ordnance Survey maps of the area. These are located between the northern development boundaries of the application site. Some evidence for medieval agricultural activity is also recorded in the form of medieval ridge and furrow identified from aerial photographic sources immediately to the west of the application site.

Archaeological Impact of the development The Llangorse School application proposes redevelopment of a pre-exiting school site. This work includes the demolition of the existing primary school and the construction of a new primary school to the west.

Plans submitted with the application indicate a substantial area of ground impact associated with the development. This is understood to include: o Ground truncation associated with the construction of the new school (foundation construction and preparation of the site prior to build). o Construction of new access road and parking areas, which is anticipated to require removal of existing topsoil as a minimum. o Construction of the proposed multi-use games area. o Potential topsoil removal and/or levelling works associated with the Mini Football pitch. o Demolition of the existing school building, and any post-demolition clearing and landscaping required. o Servicing and drainage. The degree of ground impact and truncation across the site is therefore understood to be extensive and would have considerable potential to impact upon any surviving archaeological resource.

Mitigation Required Whilst there are no recorded assets within the appraisal site itself, the proposed development is considered to be within an area of archaeological sensitivity. As such, archaeology is a material consideration in the determination of this planning application.

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An archaeological evaluation has been undertaken at the site, in order to inform assessment of how the proposed development might impact upon potential archaeological remains.

Eight evaluation trenches were excavated across the proposed development site, in accordance with a WSI submitted by the applicant, and approved by the BBNPA. An evaluation report on the programme of works has been prepared by the archaeological contractor, submitted by the applicant and approved by the BBNPA.

Seven of the trenches contained no archaeological remains. However one trench, Trench 6, contained one linear archaeological feature. This east-west orientated ditch is currently undated. It is not depicted on any modern or post-medieval cartography covering the site. It is therefore considered to be of ancient origin, potentially of Medieval or earlier date. Its function is currently unknown, possibly representing an enclosure or property/agricultural boundary.

The evaluation has demonstrated that known archaeological remains survive within this proposed development site. However, it is considered that the applicants have provided sufficient pre-determination information in support of their application to enable informed assessment of the archaeological potential of the site. It is considered that impact of the proposed development upon the archaeological remains present on site can be dealt with post- determination, by a suitably worded condition attached to any permission granted for this application. A suitable condition to use would be: The developer will ensure that a suitably qualified archaeological contractor is present during the undertaking of any ground works in the development area, so that an archaeological watching brief can be maintained.

The archaeological watching brief will be carried out in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority and must meet the standards laid down by the Institute for Archaeologists in their Standard and Guidance for an Archaeological Watching Brief.

The Local Planning Authority must be informed at least 2 weeks prior to the commencement of the development of the name of the archaeological contractor appointed to undertake the Watching Brief.

A copy of the Watching Brief report shall be submitted to the Local Planning Authority, the National Park Archaeologist and the local Welsh Archaeological Trust for inclusion in the Regional Historic Environment Record (HER).

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

NP Heritage Officer Archaeology 19th Oct 2016 National Policy Framework

Page 13 of 66 Welsh planning legislation and policy guidance outlines that the desirability of preserving archaeological remains and their setting is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.1). Planning Policy Wales (Edition 8: 2016): Paragraph 6.5.1. 'The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. In cases involving lesser archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development.'

Welsh Office Circular. Planning and the Historic Environment: Archaeology (60/96)

'Archaeological remains are a finite, and non-renewable resource, and in many cases highly fragile and vulnerable to damage and destruction. They are the product of human activity over thousands of years and may vary enormously in their state of preservation and in their appeal to the public…. Appropriate management is essential to ensure that archaeological remains survive in good condition. In particular, care must be taken to ensure that archaeological remains are not needlessly or thoughtlessly destroyed. They are part of our cultural heritage not least in terms of the information they provide about the past, valuable both for their own sake and for their role in education, leisure and tourism.

Development Plan Framework The adopted Local Development Plan sets out the Brecon Beacons National Park's policies and proposals to guide development in the National Park, including Policy SP3 f):

'All proposals for development or change of use of land or buildings in the National Park must demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of … archaeological features'.

Page 14 of 66 evaluated by qualified and independent Archaeologists before planning applications are determined. Planning permission will not be granted where the evaluation is deemed inadequate by the NPA in consultation with its archaeological advisor'.

Resubmission of Application: The initial application was resubmitted, following minor amendments to the site perimeter to create a drainage system to the south of the site. This has resulted in no change to my previous recommendations in respect to this application, which are reproduced below;

Page 15 of 66 Plans submitted with the application indicate a substantial area of ground impact associated with the development. This is understood to include: o Ground truncation associated with the construction of the new school (foundation construction and preparation of the site prior to build). o Construction of new access road and parking areas, which is anticipated to require removal of existing topsoil as a minimum. o Construction of the proposed multi-use games area. o Potential topsoil removal and/or levelling works associated with the Mini Football pitch. o Demolition of the existing school building, and any post-demolition clearing and landscaping required. o Servicing and drainage. The degree of ground impact and truncation across the site is therefore understood to be extensive and would have considerable potential to impact upon any surviving archaeological resource.

An archaeological evaluation has been undertaken at the site, in order to inform assessment of how the proposed development might impact upon potential archaeological remains.

A suitable condition to use would be: The developer will ensure that a suitably qualified archaeological contractor is present during the undertaking of any ground works in the development area, so that an archaeological watching brief can be maintained.

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The Local Planning Authority must be informed at least 2 weeks prior to the commencement of the development of the name of the archaeological contractor appointed to undertake the Watching Brief.

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

NP Heritage Officer Archaeology 19th Aug 2016 National Policy Framework Welsh planning legislation and policy guidance outlines that the desirability of preserving archaeological remains and their setting is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.1).

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

Welsh Office Circular. Planning and the Historic Environment: Archaeology (60/96)

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

LDP. Policy 22 Areas of Archaeological Evaluation 'Where important archaeological remains are known to exist or may exist within an area for archaeological evaluation, the archaeological implications of development proposals shall be evaluated by qualified and independent Archaeologists before planning applications are determined. Planning permission will not be granted where the evaluation is deemed inadequate by the NPA in consultation with its archaeological advisor'.

No heritage assets are recorded within the area of the application. However, the site is located

Page 18 of 66 close to the historic core of the medieval village, and part of the defined envelope of the historic core as outlined in the LDP, encompasses part of the appraisal site.

However, there is as yet insufficient evidence to assess how the proposed development might impact upon potential archaeological remains, nor advise on appropriate mitigation measures. I recommend that this application is not determined until the archaeological resource has been assessed through a programme of archaeological evaluation in order to establish the nature, extent, preservation and significance of any archaeological deposits that survive on this site, and the impact of the proposed development on them.

An appropriate condition to use would be: Before the application can be determined the applicant, or their agents or successors in title, will secure the implementation of a programme of archaeological work.

Page 19 of 66 The developer will ensure that a suitably qualified archaeological contractor is employed to carry out an Archaeological Evaluation. The archaeological evaluation will be carried out in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority and must meet the standards laid down by the Institute for Archaeologists in their Standard and Guidance for archaeological field evaluation.

The Local Planning Authority must be informed at least 2 weeks prior to the commencement of the development of the name of the archaeological contractor appointed to undertake the Evaluation.

A copy of the Evaluation report shall be submitted to the Local Planning Authority and the National Park Archaeologist, to enable determination of the application/ or whether further archaeological work is required. Following approval, a copy of the Evaluation report shall be submitted to the Regional Historic Environment Record (HER).

NP Senior Heritage Officer (Building Conservation) 8th Sep 2016

National Policy Framework Planning Policy Wales (Edition 8: 2016): 6.5.17 Should any proposed development conflict with the objective of preserving or enhancing the character or appearance of a conservation area, or its setting, there will be a strong presumption against the grant of planning permission. In exceptional cases the presumption may be overridden in favour of development deemed desirable on the grounds of some other public interest. The Courts have held that the objective of preservation can be achieved either by development which makes a positive contribution to an area's character or appearance, or by development which leaves character and appearance unharmed.

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

The demolition or substantial demolition of any unlisted building or structure within a Conservation Area that is subject to Conservation Area consent will only be permitted where there is the strongest justification. Where such a building is to be replaced, a contract of redevelopment will be required to be finalised and entered into prior to the granting of conservation area consent.

Page 20 of 66 are enhanced. These features may include the historic street pattern, plot boundaries, the form of the settlement and individual buildings, the spaces between buildings, the materials used in construction, street furniture, the floorscape and the uses and activities which are carried out there. Conservation Areas have been designated in five settlements in the Park: Brecon, Crickhowell, Llangattock, Hay and Talgarth. Conservation Area boundaries are shown on the Proposals Map.

Policy 18 Protection of Buildings of Local Importance Development affecting buildings which make an important contribution to the character and interest of the local area as set out on the local list will be permitted where the distinctive appearance, architectural integrity or their settings would not be significantly adversely affected.

Considerations The present school, architecturally, has little in keeping with the predominant vernacular style of the buildings in the village centre. However the existing building down below the surrounding ground level and therefore blends in well with the surrounding area.

This proposal will not be as well concealed and will form a more dominate entrance to the village from the direction of Brecon.

The design is rather utilitarian and has not tried to architectural enhance or blend in with the locality.

Whilst the need for economies in the present climate is acknowledged, I would like to see the material palette reflect those traditional styles and materials found within the National Park and its host village Llangors.

I would like to see a more suitable palate of materials, particularly on the central brick facades. The predominant materials in the area are; slate, local stone and render and this should be used in help the new building to blend in with its surrounding.

I would also request that the position of the building on the site is altered so that the front elevation presents to the entrance. This would improve the entrance to the village at this point.

Conclusion At present the principal of demolition of the present school and the building of a new school is welcomed from a built heritage point of view but it is felt that an opportunity for a building that really enhances the village and the National Park has been lost and therefore cannot be entirely supported as presented It is requested that the positioning of the building on the site is looked at again to provide a more positive visual impact on the village and the palette of materials rethought to better reflect the materials of the village and enhance the building.

NP Senior Heritage Officer (Building Conservation) 6th Oct 2016

Page 21 of 66 National Policy Framework Planning Policy Wales (Edition 8: 2016): 6.5.17 Should any proposed development conflict with the objective of preserving or enhancing the character or appearance of a conservation area, or its setting, there will be a strong presumption against the grant of planning permission. In exceptional cases the presumption may be overridden in favour of development deemed desirable on the grounds of some other public interest. The Courts have held that the objective of preservation can be achieved either by development which makes a positive contribution to an area's character or appearance, or by development which leaves character and appearance unharmed.

3.15.5 Conservation Areas 3.15.5.1 Conservation Areas are areas "of special architectural or historic interest, the appearance or character of which it is desirable to preserve and enhance." The NPA has a duty to ensure that the special features which contribute to the character and quality of these areas are enhanced. These features may include the historic street pattern, plot boundaries, the form of the settlement and individual buildings, the spaces between buildings, the materials used in construction, street furniture, the floorscape and the uses and activities which are carried out there. Conservation Areas have been designated in five settlements in the Park: Brecon, Crickhowell, Llangattock, Hay and Talgarth. Conservation Area boundaries are shown on the Proposals Map. Policy 18

Protection of Buildings of Local Importance Development affecting buildings which make an important contribution to the character and interest of the local area as set out on the local list will be permitted where the distinctive appearance, architectural integrity or their settings would not be significantly adversely affected.

Considerations The proposal to change the brickwork to render is welcomed. It makes a light finish which makes the overall design appear less bulky. The siting is still somewhat unfortunate but it is recognised that is not something that will have not as much of an impact as the use of the previous proposed materials.

Page 22 of 66 Conclusion The proposals can now be supported from a built heritage perspective.

NP Planning Ecologist 19th Oct 2016 I'm afraid that I haven't had chance to look at the additional information for these two applications yet and I am also awaiting comments from NRW regarding the acceptability of the surface water management in relation to HRA screening. Please can I have an extension of time until the end of the week?

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

B. Legislation o Environment Act 1995 - the first Statutory Purpose of the National Park is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park o The Environment (Wales) Act came into effect in March 2016 - from 21st May 2016, Section 6 requires public authorities to seek to maintain and enhance biodiversity. A list of species and habitats of principal importance in Wales is issued under Section 7. o Conservation of Habitats & Species Regulations 2010 (as amended) - Regulation 9 requires local authorities to take account of the presence of European Protected Species at development sites. If they are present and affected by the development proposals, the Local Planning Authority must establish whether "the three tests" have been met, prior to determining the application. The three tests that must be satisfied are: i. That the development is "in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment". ii. That there is "no satisfactory alternative" iii. That the derogation is "not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range"

Page 23 of 66 C. Comments 1. Thank you for re-consulting me on the above application. The development proposals are for construction of a new primary school on a "greenfield site" and the demolition of the existing primary school. The adjacent toilet block and residential property are to be retained. 2. I previously provided comments in a memorandum dated 31st August 2016 and raised concerns regarding the proposed layout of the new school and the resultant negative impacts on hedgerows and oak trees. I remain opposed to the layout as proposed and am disappointed that it cannot be amended to allow the retention of the two oak trees and the field boundary hedgerow. However, it is acknowledged that the applicants have done their utmost to provide an appropriate mitigation and compensation strategy. This includes the translocation of the existing hedgerow to the new boundary of the site (apart from the veteran oak tree) and the planting of new hedgerow inside this to provide a wide and valuable wildlife corridor. The existing (translocated) hedgerow will also have 5 new oak trees planted within it to compensate for the loss of the two oak trees; it is difficult to compensate for the loss of a veteran tree and a future veteran tree in a short time scale, but it is hoped that these trees will eventually in the long-term become valuable landscape and biodiversity features. 3. The proposed landscaping scheme is broadly acceptable, although it is noted that there is no access to the small field that will be created in the north-western part of the site. The access to the agricultural field in the north-west corner of the car park should be a maximum of 3 metres in width to minimise the gap in connectivity between the hedgerows. 4. I note that the proposals have been amended (drawing NP2v2) to include an "Outfall to the Nant Cwy to civil engineer's design". It would be helpful to have clarification of what this is; I understand that the existing surface water flows to the Nant Cwy are unrestricted and uncertain. It should be possible to construct this new outfall feature without having negative impacts on the watercourse, provided that an appropriate methodology with pollution control measures is followed. This should form part of the Construction and Environmental Management Plan that will need to be submitted and adhered to. 5. The surface water drainage strategy is acceptable in principle and demonstrates that appropriate SuDS measures can be accommodated. It is disappointing that an over-ground SuDS feature cannot be accommodated with potential biodiversity enhancements, but the sensitive nature of the site and health and safety considerations are appreciated. The detailed drainage strategy can be secured through an appropriately worded planning condition. 6. The conclusions and recommendations in the ecological report are broadly welcomed. The Environment (Wales) Act 2016 requires LPAs to protect and enhance biodiversity; biodiversity enhancement measures have not been specifically mentioned within the proposals, although it is appreciated that existing wildlife area is to be retained; also, the extent of new planting at the site probably exceeds the mitigation and compensation requirements and could be considered as enhancement. I previously recommended that a number of features for bats and nesting birds could be specified (type and location) by the applicants. A Landscape and Ecological Enhancement and Management Plan will need to be submitted, identifying the proposed mitigation, compensation and enhancement measures as well as making provision for their long-term management; ideally the staff and children would be involved in this. 7. Please also refer to my previous comments regarding the ecological assessment of the site.

D. Conclusions and Recommendations

Page 24 of 66 There is no ecological objection to the principle of a new school, but it is disappointing that the proposed layout will result in the loss of mature and veteran oak trees as well as negative impacts on hedgerows which are contrary to LDP Policies 6 and 9. However, the need for a new school may outweigh these policy considerations and a mitigation and compensation strategy has been submitted to offset and compensate for the negative impacts on trees and hedgerows. Measures are also proposed to provide alternative roosting features for the pipistrelle bat roosts that will be destroyed; it is likely that two separate licenses will be required for this, due to the phasing of the proposed works.

A HRA screening report (TLSE) will be completed in due course, prior to approval, to assess impacts on Llangorse Lake SAC. Further details of the outfall structure will assist with this.

If this application is ultimately to be approved, I recommend the inclusion of the following planning conditions and informative notes: 1. Prior to commencement of any works to or the removal of the veteran oak tree (T32), a full working method statement for bats shall be submitted to the Local Planning Authority and shall be implemented as approved. The method statement shall incorporate the recommendations in Section 5 of the ecological report dated July 2016 - Revision 1 (dated 16th August 2016) and include the timing of works, ways of working, tools to be used, proposals for any pre-works inspections, and contingencies in case bats are found during works. 2. Prior to commencement of any works to or the removal of the veteran oak tree (T32), the Local Planning Authority shall be provided with a copy of the license for bats that has been issued by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations 2010 (as amended) authorising the specified development to go ahead or written confirmation from Natural Resources Wales that such a license is not required. 3. Prior to commencement of any demolition works to the existing school buildings, the Local Planning Authority shall be provided with a copy of the license for bats that has been issued by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations 2010 (as amended) authorising the specified development to go ahead or written confirmation from Natural Resources Wales that such a license is not required. 4. Prior to commencement of development works, a Construction and Environmental Management Plan (CEMP) shall be submitted to the Local Planning Authority and shall be implemented as approved. The CEMP shall incorporate the recommendations in Section 5 of the ecological report dated July 2016 - Revision 1 (dated 16th August 2016) and include a detailed and final Pollution Prevention Plan based on the revised Version 1.0 document dated 22/09/2016. 5. Prior to the commencement of the development, a detailed surface water drainage strategy shall be submitted to the Local Planning Authority for written approval and shall be implemented as approved. This shall be based on and should include the recommendations in the Drainage Strategy report dated September 2016. 6. No external lighting shall be installed until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with wildlife corridors and bat mitigation/enhancement measures and shall be implemented as approved. 7. Prior to the first beneficial use of the development, a Landscaping and Ecological Enhancement and Management Plan shall be submitted to and agreed in writing with the Local Planning Authority; the Plan shall include: a. The use of native species

Page 25 of 66 b. The details of the planting specifications - the species, sizes and planting densities c. Details of bat and bird boxes - specifications and locations d. A timetable for implementation and future management to ensure good establishment e. Provision for the long-term monitoring and management of the general landscaping and ecology of the site Any trees or shrubs that fail or die in the first five years shall be replaced on a like-for-like basis

Informative note: 1. Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000

Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6, 7 and 12 of the adopted Local Development Plan for the BBNP o To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016

NP Planning Ecologist 24th Aug 2016 Thank you for consulting me on the above application. Following our site visit last week, I understand that you have requested a meeting with the applicants. Please let me know if you would like interim comments or would prefer to wait until we have had the meeting and discussed any potential changes?

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The three tests that must be satisfied are: i. That the development is "in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment". ii. That there is "no satisfactory alternative" iii. That the derogation is "not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range"

C. Comments 1. Thank you for consulting me on the above application. The development proposals are for construction of a new primary school on a "greenfield site" and the demolition of the existing primary school. The adjacent toilet block and residential property are to be retained. 2. I have reviewed the documents and drawings submitted with the application, which includes the following ecological information: o Ecological Appraisal Report - Llangors Church in Wales Primary School, Powys Schools on behalf of Willmott Dixon Construction by RPS dated July 2016 Revision 1 of this document was submitted to NRW on 16th August; I am not aware that it has been formally submitted to the BBNPA in support of this application, but the following comments refer to this Revision 1 document. 3. The site is on the western edge of the village of Llangors and is approximately 500 metres to the north of Llangors Lake Site of Special Scientific Interest (SSSI) and Special Area of Conservation (SAC). A small watercourse (the Nant Cwy) runs to the south-east of the site and flows into Llangors Lake. 4. A draft Pollution Prevention Plan has been submitted; the principles within this document are broadly acceptable and a detailed final version can be secured through an appropriately worded planning condition. 5. It will also be important to ensure that surface water drainage is appropriately managed at the site. Open attenuation ponds would be welcomed as they can provide additional biodiversity enhancement, but it is appreciated that this is unlikely to be possible within school grounds. Provided planning conditions to secure the pollution prevention measures and a surface water drainage strategy are imposed, no Likely Significant Effects on the SAC are anticipated as a result of these proposals. 6. I welcome the submission of the ecological report with the application and I note that a

Page 27 of 66 "walkover survey" of the site was undertaken in May 2016; this also included an inspection of the trees and buildings for evidence of and suitability for bat roosting. A number of features were identified that had potential for bat roosting and therefore a suite of bat activity surveys were undertaken in June, July and August 2016. 7. The report refers to the Natural Environment and Rural Communities Act 2006 and the plants and species listed under Section 42 of this Act. This legislation has been superseded by the Environment (Wales) Act 2016, with lists of species and habitats of principal importance in Wales issued under Section 7. The new legislation strengthens the requirement to protect and enhance biodiversity. The Section 7 lists are currently identical to the Section 42 lists, but future versions of the ecological report should be amended to reflect the changes. 8. The western half of the site is predominantly improved grassland; the central area has existing amenity grassland (playing fields); the existing school buildings are in the north-east quarter of the site and there is also a woodland wildlife area with two ponds to the east of this. The western field is bounded by mixed-species hedgerows with occasional oak trees including a veteran oak tree in the north-western boundary. 9. The bat activity surveys identified the presence of two bat roosts at the site - one in the school buildings (a single soprano pipistrelle) and another in the veteran oak tree in the north- western boundary (up to ten soprano pipistrelle bats). The mitigation measures include the provision of a number of bat boxes on mature trees at the site as well as the installation of bat boxes within the external structure of the south-western elevation of the new school. This elevation has numerous windows and doors and it is not clear where the bat boxes are to be sited; it might also be advisable to include bat bricks in the brick facade of the south-east elevation as well? Further information should be provided regarding the methodology of felling the tree, and in particular a timetable for the works to be undertaken including the delivery of the mitigation. Paragraph 5.3.4 of the ecological report does not appear to be finished. It is noted that EPS licenses from NRW will be required and that the roosts will be destroyed during different phases of the development. The applicants will need to demonstrate that there is "no satisfactory alternative" in order to comply with the requirements of the Habitats Regulations 2010 (as amended). 10. The proposed site layout involves the removal of the hedgerow and veteran oak tree along the north-western boundary as well as the hedgerow and mature oak tree on the northern (roadside) boundary. It is extremely disappointing that the layout results in these impacts, including the loss of a bat roost, and I recommend that this is re-assessed to confirm that there are no viable alternatives - please also see 7 above. The oak tree in the northern boundary is not a veteran but is a fine specimen and a potential future veteran. The BBNPA tree consultant can provide further comment on the acceptability of the removal of these valuable trees. 11. It is proposed that the hedgerow along the north-western boundary will be translocated to the new north-western boundary; this can be a very successful procedure provided that it is undertaken at an appropriate time of year and carefully monitored and managed afterwards. If this application is ultimately to be approved, a planning condition should be imposed to secure a detailed translocation and aftercare methodology. The extent of hedgerow that can be translocated will be constrained by the veteran oak tree as this can obviously not be translocated. 12. The proposed new hedgerow planting is welcomed and the planting specifications are suitable. 13. The pond water was eDNA tested for evidence of great crested newts; the results indicate that they are not present and no further mitigation is required. In any event, it is

Page 28 of 66 proposed that the ponds and associated woodland will be retained. Management of the pond and surrounding vegetation at an appropriate time of year would be welcomed to reduce shading and maintain some areas of open water. 14. There will be opportunities to accommodate biodiversity enhancement measures and the retention of the school wildlife ponds and woodland "nature area" is welcomed; it might be possible to install more bat and bird boxes. The new woodland planting areas are also welcomed. The submission and implementation of a management plan for wildlife areas should be secured to ensure their continued benefits for nature conservation interests at the site; ideally the children and staff could be involved in this. 15. It will be important to ensure that any external lighting is of an appropriate design and sensitively located to avoid light-spill towards bat roosting areas or wildlife corridors. Details of external lighting should be submitted.

D. Recommendations

There is no ecological objection to the principle of a new school, but there are concerns regarding the proposed layout and resultant loss of oak trees and negative impacts on hedgerows. I understand that a meeting has been arranged to discuss these issues and I will finalise my recommendations following this meeting.

Subject to the outcome of the above, more information is also required regarding the mitigation strategy for the destruction of the bat roost in the veteran oak tree. The phasing of the development will also mean that the primary school is not demolished until autumn 2017 at the earliest - an additional bat activity survey is likely to be required next summer to confirm the roost status for licensing purposes.

The following issues will also need to be addressed, but it may be possible for them to be secured through appropriately worded planning conditions: o A detailed pollution prevention strategy o A detailed surface water drainage scheme and SuDS based on the Drainage Strategy as submitted o A Biodiversity Enhancement and Management Plan o An external lighting plan o A hedgerow translocation and aftercare methodology

NP Strategy And Policy 17th Aug 2016 I refer to the above which has been forwarded to the Strategy and Policy Team for comment.

The development plan for the area is the Brecon Beacons National Park Local Development

Page 29 of 66 Plan 2007-2022 (hereafter LDP) which was adopted by resolution of the National Park Authority on the 17th December 2013.

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

Proposal The proposal seeks the demolition and replacement of Hay on Wye Primary School.

LDP Policy Context The proposal is located within the Listed Settlement of Llangors as shown on the LDP Proposals Map and on land identified as being in community use. Listed Settlements are defined by the LDP as sustainable locations suitable to accommodate small scale growth to support community sustainability. Policy S LP2 sets out the forms of development which are acceptable within Listed Settlements, this includes supporting proposals that strengthen and enhance the provision of community facilities and services serving the area and its locality (criterion 2). It is the view of Strategy and Policy that this proposal will act to strengthen existing community facilities to the benefit of the Listed Settlement and region.

Policy 51 of the LDP provides further detail in relation to the Development of New or Extended Facilities. This policy sets out that

Proposals for new, or extensions to existing schools, village halls, theatres and other community facilities such as community recreation or sports facilities, will be permitted where: a) The development is located within a defined Settlement Boundary or Settlement Extent as shown on the Proposals Map. OR b) It is proven that there will be no suitable development sites available within a Settlement, the NPA will consider proposals located on Edge of Settlement locations. AND c) The proposal is proven to be necessary to support community sustainability in that location; d) The facility can be proven to be operationally sustainable into the future; and e) The proposal has no unacceptable detrimental effect on the amenity and privacy of existing dwellings, nearby properties or the general public.

Having reviewed the supporting information I am satisfied that the proposed development meets criteria a, c-e. Accordingly Strategy and Policy have no objection to the proposed development.

Recommendation The principle of the development is acceptable in accordance with policy S LP2(2) and Policy 51 of the LDP. Strategy and Policy have no objection to the proposed development.

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

NP Strategy And Policy 13th Sep 2016

Page 30 of 66 The development plan for the area is the Brecon Beacons National Park Local Development Plan 2007-2022 (hereafter LDP) which was adopted by resolution of the National Park Authority on the 17th December 2013.

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

It has been brought to my attention that my previous comments of the 17th August, failed to recognise that the majority of the school building is to be developed on land adjacent to the settlement boundary for Llangors.

In this matter I should not have referred to S LP2 but rather E LP1. This policy relates to the provision of development to the benefit of the community sustainability at edge of settlement locations. It states, Development proposals that are essential to community sustainability and/or have limited environmental impact will be enabled at edge of Settlement locations. Acceptable exceptions development will be limited to (8) Proposals relating to the provision of a new/extended community facility, where it can be proven that the facility is essential to the community and there are no suitable sites to accommodate the development within the Settlement Extent/Boundary. I am still of the opinion that this proposal will act to strengthen existing community facilities to the benefit of the Listed Settlement and region. Having reviewed the supporting information I am satisfied that the requirements of this policy have been satisfied and again, I believe the principle of the development is sound.

My comments in relation to Policy 51 remain valid to this application.

Recommendation The principle of the development is acceptable in accordance with policy E LP1(8) and Policy 51 of the LDP. Strategy and Policy have no objection to the proposed development.

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

NP Tree Consultant 2nd November 2016 Thank you for your further consultation on the additional information submitted in support of the application. I have reviewed the new documents and set out my comments below:

1) I have previously commented on this application in an email dated 21st September 2016, of which many of my comments from that email still apply.

2) An updated tree survey report and arboricultural impact assessment has been provided (although it is still dated July 2016) with an updated tree protection plan showing the location of the water and drainage service runs. However, no CCTV or lighting service run information has been provided.

3) The arboricultural method statement includes further information on working

Page 31 of 66 methods to be followed within the root protection areas of the trees on site (p12 - 14, sections 5.16 - 5.30), and this is welcomed.

4) The proposed site layout plan within the Pollution Prevention Plan by Willmott Dixon has been updated and the plant storage and re-fuelling areas have been moved away from any of the retained trees on site.

5) The proposed layout remains the same, and will result in the loss of T32 (early mature Oak) and T33 (veteran Oak).

Despite the minor changes and updates made to the scheme, I still object to the scheme and remain extremely disappointed that trees 32 and 33 will have to be removed. Although 5 new Oak trees are offered as replacement planting for the loss of these two trees, the ongoing amenity and biodiversity values of the early mature and veteran Oak trees will be lost forever and is not likely to be replaced for another 300 years or so.

I still strongly recommend refusal of this scheme as currently set out.

NP Tree Consultant 21st Sep 2016 Thank you for consulting me on the above application. I have reviewed the submitted details and recently carried out an unaccompanied site visit (see attached photographs). My comments are set out below:

1) The application is for the demolition of the existing primary school and construction of a new primary school and associated works.

2) There are a number of mature and veteran Oak trees within the site (T32, T33 and T34) and a mixed line of semi-mature individual trees and groups of trees across the middle of the site and along the Eastern boundary.

3) The applicant has provided a tree survey and arboricultural impact assessment (AIA) by RPS and dated July 2016 which lists 35 individual trees, 16 groups of trees and 2 hedgerows as present on site. Of these, 9 are category A, 15 are category B, 28 are category C, and none as category U for removal.

4) As part of the tree survey report, a tree protection plan dated July 2016 has also been provided (drawing no. JSL 2645-714). Further tree protection details are set out in Section 6 of the Tree Survey and AIA. The tree protection plan does give details of the location of fencing to be installed for the demolition phase as well as the construction phase.

5) The tree constraints and tree protection plan do not show the positions of all the proposed utilities to service the new school and parking area - drainage, lighting, gas, water, electricity etc.

6) It is proposed to remove 5 individual trees and 2.5 groups of trees, of which the individual

Page 32 of 66 trees are 3 category A (one a veteran tree) and 2 category B trees.

7) The Access Work General Arrangement plan (NP17v1, drawing no. P4053-17) states that the existing footway along the South side of the road will be widened to 2m by extending it back into the bank beyond. There are a number of large trees set up on the bank a short distance from the existing kerb and their structural roots will be extending across and down the bank to the edge of the pavement.

8) The same plan also proposes that the existing light column (and presumably associated electric supply works) will be moved to the back of the new widened footway, placing up against one of the mature retained trees in that area.

9) The proposed site plan (NP2c1, drawing no. LLA 00 PL A (05)101) indicates that a new 2.1m high boundary fence will be erected immediately to the South and West of T34 (Oak) cutting through its root protection area. Again, this has not been included in the tree protection plan.

10) The Pollution Prevention Plan by Willmott Dixon includes a proposed site layout in Appendix A indicating that the plant storage and refuelling area will be immediately beneath T34 (Oak) and within its fenced off root protection area.

11) T32 and T33 are mature Oak trees, present on the old maps from 1887, indicating that they would have been semi-mature at the time the map was made. T32 is a fine example of a category A tree in the early mature stages, over 130 years old and will have at least another 200 - 300 years of life expectancy remaining. T33 is a much older tree classed as a Veteran tree and an A category tree. Veteran trees develop extensive biodiversity features as they age, and can remain as veteran trees for hundreds of years.

12) T32 (Oak) is clearly visible as you approach the village from the West. It forms the right hand half of natural archway across the road with its crown meeting up with other trees on the opposite side of the road creating a distinct green corridor as you enter the village.

I have the following objections to the scheme:

1) I am extremely disappointed that the proposals would require the removal of two irreplaceable category A Oak trees. T32 is a distinctive tree that will continue to contribute to the local landscape character, amenity and biodiversity for many many years to come. T33 is a veteran tree of immense biodiversity value and again has many decades of useful contribution to make in this regards. The proposed tree planting as mitigation in the landscaping plan will never compensate for the loss of these two mature Oak trees.

2) The proposed footway widening will also have a severe detrimental effect on the roots of the other trees alongside the road frontage, and root severance from these works could cause them to become unstable in future severe weather events.

3) Removal of T32 would be unnecessary if the new entrance were to be relocated further to the West, and T33 could be retained as a central feature to the car park if the layout were

Page 33 of 66 altered to accommodate it.

4) Not enough information has been included on the tree constraints plan and tree protection plan to adequately show how all the proposed site works (see points 7, 8 9 and 10 above) can be undertaken without damaging the retained trees on site.

I therefore strongly recommend refusal of this scheme as currently set out.

Powys County Council Public Protection And Env Health 21st Oct 2016 The following conditions are recommended. 1. In view of the residential setting of the proposed development it is recommended that before any development commences a Construction Method Statement and Environmental Management Plan shall be submitted to and agreed in writing by the Local Planning Authority in respect of the control of noise and dust during the demolition, landscaping and construction phases. 2. In addition it is recommended that the demolition, landscaping and construction period working hours and delivery times be restricted as follows: All works and ancillary operations which are audible at the site boundary shall be carried out only between the following hours: 0800 - 1800 hrs Monday to Friday 0800 - 1300 hrs Saturday At no time on Sunday and Bank Holidays Deliveries to and removal of plant, equipment, machinery and waste, including soil, from the site must also only take place within the permitted hours detailed above.

Informatives. During demolition and construction (including soil movement and landscaping activities) the contractor shall take all reasonable steps to prevent dust formation from dusty activities and any dust formed shall be prevented leaving the site by continuous watering down. In order to comply with Condition 1 regard should be had to the guidance found in BS 5228 — Code of Practice for Noise and Vibration Control on Construction and Open Sites. With respect to Condition 2 regard should be had to the provisions of section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction sites.

Powys County Council Public Protection And Env Health 19th Oct 2016 Thank you for consulting the Lead Local Flood Authority (LLFA) regarding the above mentioned application. In response, LLFA would make the following comments/recommendations:-

Flood Risk Management Comments: The Flood Consequence Assessment and Drainage Strategy report prepared by Cambria Consulting Limited dated September 2016 has been noted. Having reviewed the report findings the LLFA find these generally acceptable, particularly in relation to flood risk. However,

Page 34 of 66 it is important that the detailed design of the proposed surface water drainage system, particularly the function of the attenuation system, is not effected by high level water flow within the Nant Cwy that may influence or restrict the discharge of surface water at the outlet point, thereby compromising the storage capability of the attenuation tank and causing possible surcharge within the site or elsewhere. Longitudinal sections of the surface water drainage system in relation to water levels within the Nant Cwy will be required. Whilst looking through the FCA Appendix drawing, it was noted that the Hydrobrake chamber may be at flood risk which could compromise the suitability of the drainage system.

Details to show the position and orientation of the outfall structure in relation to the Nant Cwy will need to be approved prior to commencement on site. This approval shall be secured via an Ordinary Watercourse Consent (Section 23 of the Land Drainage Act 1991) from the LLFA.

Recommendation: No development shall commence until full engineering details/drawings to reflect the recommendations outlined within Cambria Consulting Limited FCA and Drainage Strategy report dated September 2016, have been submitted and approved in writing by the Local Planning Authority. These flood risk/drainage measures shall be functional prior to first occupation of the development.

Reason: To ensure that the proposed development does not compromise the function of the existing waterbody and that any proposed flood risk/drainage measures are fully compliant with regulations and are of robust design.

Surface Water Drainage

Comment: This is a Greenfield site. Therefore, proposed surface water flows should be no greater than Greenfield run-off rates in accordance with the principles of TAN15 - Development and Flood Risk and good practice drainage design.

Ground investigations have been undertaken and it suggests that the use of infiltration for drainage of the school buildings and access road is not a suitable option, however the car parking area may be suitable for infiltration methods and this should be investigated further prior to disposal via positive drainage methods.

Detailed drainage calculations to limit the discharge rate from the site no greater than the Greenfield run-off rate or maximum 5 l/s rate shall be applied. The attenuation drainage system should be designed so that storm events of up to 1 in 100 year + 30% for climate change are accommodated and will not cause flooding either on site or elsewhere. There must be no discharge to a surface water body that results from the first 5mm of any rainfall event.

No surface water run-off shall flow onto the existing public highway.

Recommendation: No development shall commence until a scheme showing the detailed design for the surface water drainage of the site has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be completed before any part of the

Page 35 of 66 development is occupied. The scheme to be submitted shall show foul drainage being connected to the public sewerage system.

These details shall include a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the surface water drainage system throughout its lifetime.

Reason: To ensure that the proposed drainage systems for the site are fully compliant with regulations and are of robust design.

Environment Protection Informative: Foul drainage from the proposed development should be conveyed to the main foul sewer, subject to the agreement by Dwr Cymru Welsh Water. There must be adequate capacity at the receiving sewage treatment works to treat the additional flows. Consent is required from the service provider to connect into the foul main sewer.

Powys County Council Highways 27th Sep 2016 Further to your re-consultation for the above planning application, I confirm that the Highway Authority do not wish to make any further comment.

Powys County Council Highways 26th Sep 2016

Page 36 of 66 Wish the following recommendations/Observations be applied Recommendations/Observations

1. Prior to the commencement of any works on the development site the access road as detailed on drawing number LLA 00 PL A (05) 101 shall be fully completed to the written satisfaction of the local planning authority in accordance with the following specification; 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 minimum distance of 20 metres from the edge of the adjoining carriageway

2. Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the storage of all construction materials and for the parking of all construction vehicles together with a vehicle turning area. The parking and turning area shall be constructed to a depth of 0.45 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.

3. The off- site highway works as detailed on drawing P4053-17 P_001 shall be completed to a specification to be submitted and agreed to the written satisfaction of the local planning authority prior occupation of the new school.

4. Prior to the first use of the new school all on-site infrastructure including car parking spaces, access and circulation areas as detailed on drawing LLA 00 PL A (05) 101 shall be completed to a specification to be submitted and agreed in writing by the local planning.

Powys County Council Public Protection And Env Health 15th Aug 2016 The Following conditions are recommended. 1. In view of the residential setting of the proposed development it is recommended that before any development commences a Construction Method Statement and Environmental Management Plan shall be submitted to and agreed in writing by the Local Planning Authority in respect of the control of noise and dust during the demolition, landscaping and construction phases. 2. In addition it is recommended that the demolition, landscaping and construction period working hours and delivery times be restricted as follows: All works and ancillary operations which are audible at the site boundary shall be carried out only between the following hours: 0800 - 1800 hrs Monday to Friday 0800 — 1300 hrs Saturday At no time on Sunday and Bank Holidays Deliveries to and removal of plant, equipment, machinery and waste, including soil, from the site must also only take place within the permitted hours detailed above. 3. The maximum plant noise level associated with the development to be 5dB below

Page 37 of 66 existing background levels at the nearest noise sensitive properties.

Informatives. During demolition and construction (including soil movement and landscaping activities) the contractor shall take all reasonable steps to prevent dust formation from dusty activities and any dust formed shall be prevented leaving the site by continuous watering down. In order to comply with Condition 1 the scheme should comply with the guidance found in BS 5228 — 'Code of Practice for Noise and Vibration Control on Construction and Open Sites'. With respect to Condition 2 regard should be had to the provisions of section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction sites.

Powys County Council Public Protection And Env Health 13th Sep 2016 Regarding condition 3, I took this from the MACH Acoustics report paragraph 2.2.1 - Plant Noise Rating.

On reflection it probably does not make much sense as a recommendation, therefore, I would suggest you change the recommendation to:

3. The plant or equipment including any air conditioning, ventilation and extraction systems ("plant") installed or operated in connection with the carrying out of this permission shall be so enclosed and/or attenuated that the noise generated by the operation of the plant shall not increase the background noise levels above that prevailing when the machinery is not operating. Measurements during the day time (07:00 - 23:00) expressed as LA90 [1hour], and/or during the night time (23:00 - 07:00) expressed as LA90 [5 mins] at any adjoining noise sensitive locations or premises in separate occupation. Noise measurements for the purpose of this condition shall be pursuant to BS 4142:2014.

Wales And West Utilities 5th Oct 2016 Wales& West Utilities acknowledge receipt of your notice advising us of your planning application.

Please find enclosed a copy of the requested plan and our general conditions for guidance. The plan must be printed in A3 size and will also need to be produced in colour. A hard copy is available upon request.

Gas pipes owned by other GT's and also privately owned may be present in this area. You must not build over any of our plant or enclose our apparatus.

CONTRIBUTORS Tom Corbett, , Mrs Lucy Warry, Y Neuadd, Talachddu P Webb And S Alford, , Mike Featherstone, Pencaemaen, LlangorsFiona Smeeton, , Llangors Primary School, Llangors, BreconSam Organ, , Llangors Youth And Community Centre, Mike Featherstone, Chair And

Page 38 of 66 SecretaryVivian Fairbank, Kathy Jenkins

OFFICER’S REPORT

INTRODUCTION This application seeks full permission for the demolition of the existing primary school and the construction of a new primary school and associated works.

The application, being more than 1 ha in size represents a major application.

There are two other recently submitted applications for new primary schools, which are also presented to this committee, at Hay on Wye 16/13830 and at Talgarth, 16/13827.

The applications represent part of the 21st Century Schools Programme- a collaboration between Welsh Government, the Welsh Local Government Association and local authorities in Wales including Powys County Council. The proposed new primary schools are included in the Gwernyfed Catchment primary Schools Project which will see an investment of £23.75 million in construction. This is a major, long term and strategic capital investment programme with the aim of creating a generation of 21st century schools in Wales. One of the primary aims of the programme are to reduce numbers of poor condition school buildings.

SITE DESCRIPTION The site comprises an irregular parcel of land of approximately 1.6421 ha at the western edge of Llangorse which contains the existing primary school site together with additional land to the west of the site, forming part of two existing fields which are presently in agricultural use. The site also includes a narrow strip of land to the south east which adjoins the water feature known as the Nant Cwy.

The existing school buildings occupy the eastern part of the site. The main school building was built in the 1970's with other prefabricated buildings being built subsequently (see history below). The remainder of the existing school site is made up of car parking, playground facilities and trees, hedgerows and existing habitats.

The site features a number of trees which are mainly located surrounding the existing school building, along the existing field boundaries within the western part of the site as well as along the existing public highway to the north of the site.

The site is located to the west and north of existing residential and commercial properties within the settlement at Llangorse, and to the east and north of agricultural land located in the open countryside. Immediately to the north of the site lies Llangorse community hall. The nearest residential properties lie within the settlement boundary of the village of Llangorse, together with scattered individual residential properties lying to the north and

Page 39 of 66 west of the site. The site is located approximately 500m north of LLangorse lake, the largest natural water body in Wales and approximately 7km miles to the east of Brecon.

The site slopes gradually down from the north-east part of the site at around 173m AOD to around 164m AOD the south west part of the site.

The existing vehicular access lies to the eastern part of the site closest to the village of Llangorse, off an unclassified road. The adjacent existing residential property known as Hazeldene and a public toilet block are outside the site boundary.

The site is approximately 500 metres to the north of Llangors Lake Site of Special Scientific Interest (SSSI) and Special Area of Conservation (SAC). A small watercourse (the Nant Cwy) lies adjacent to the site and runs in a south-easterly direction and flows into Llangors Lake.

The site lies within the Middle Usk Valley: Brecon and Llangorse Landscape of Special Historic Interest.

Ecology - two bat roosts have been identified at the site.

There are no public rights of way within the site. The nearest PROW's are located to the north west of the site, (Ref 17/13/1) and to the south west (Ref 17/7/2). There are no listed buildings within the immediate vicinity of the site.

PROPOSED DEVELOPMENT The proposed development seeks to redevelop the existing school site to provide a new primary school for Llangors, to include the construction of a new access road, parking and turning facilities, a new playing field, multi-use games area and hard play areas. The proposed development also includes the demolition of the existing school once the new school and associated works have been completed.

The new primary school building is sited within the western part of the site. It is single storey but the massing and height of the building has been designed to reflect the three different parts of the building - the main teaching area incorporating classrooms accessed off a shared multi-functional circulation area, staff and office accommodation, and toilet facilities a main hall/ kitchen facility and community area and the reception entrance area.

The teaching area is the lowest in height 5m to the ridge and 3.8m to the eaves with a roof lantern feature raising the height a further 1m in height. It has a shallow pitch roof, of standing seam construction. It is finished externally with a brick plinth, with fibre cement weather boarding at the gable ends, high level glazed gable end elevations to provide high levels of natural light to the central corridor, render and feature colour render panels to the side elevations of the classrooms with extensive glazing. There are glazed canopies provided immediately outside the foundation phase classrooms.

The hall area is the tallest part of the building, at 7.2m high, with a flat roof. Photo voltaic

Page 40 of 66 panels up to a max height of 0.5m are also included on the roof. It is finished externally in render with a large glazed entrance feature. The kitchen area adjacent is a lower building at a height of 4.5m with kitchen plant on the flat roof to a maximum height of 350mm. The building is finished externally in fibre cement weatherboarding.

The two areas above are linked together by a canopy with glazed roof lights to define the school entrance. The windows and doors throughout are proposed to be constructed of aluminium curtain walling and composite aluminium-timber.

External lighting is proposed to provide adequate illumination of vehicular routes, pedestrian walkways, car parking areas and fire escape routes with minimal light spillage onto boundary hedges, stream areas and adjacent neighbours.

External play field provision comprises of 1 no. mini football pitch and I no. multi-use games area (MUGA) and hard and soft social play space. These will be finished in a combination of asphalt and soft-crumb features. None of the sports provisions will be floodlit.

The new school would have an overall capacity for 175 children with a capacity of 150 pupils from nursery to Year 6 and Early Years provision to accommodate up to 25 two to four year olds.

A new access is proposed further west of the existing access along the unclassified road beyond the existing community centre. The new access would emerge at the point where there is an existing traffic calming feature (providing single lane priority) and this will be removed to facilitate the new access. The new access will have a 6m wide carriageway and footways along both sides with vision splays of 2.4m x 25m required within the 20mph speed limit at this location. The access and car park is designed to accommodate the swept path of a coach/bus, refuse vehicles and other service vehicles. The proposals also include off-site highway works towards the village involving the widening of the existing footway to a 2m width, widened tactile crossing points, road markings and signage reflecting the 20mph area and re-siting of the existing build out further west. The existing agricultural access to the west of the site entrance would be infilled by a hedgerow.

The new access would lead to a new 59 space car parking area (including 3 disabled parking spaces) for staff and visitors to accommodate drop off and pick up with a circular route to accommodate the school bus and parking spaces for delivery vehicles. A footpath link is proposed to the community hall car park, which provides a further 22 car parking spaces to facilitate shared use of the car parks, providing a total of 81 off street parking spaces. It is also proposed to provide a new agricultural access to the adjacent field directly off the new access to the school.

The proposals include site security which involves fencing to a height of 2.1m to be installed around the play areas whilst ensuring that the car park and the frontage of the school are accessible to the public. It also includes cctv installation to monitor car park areas, all entrances/exits and building elevations as well as perimeter fencing and secure

Page 41 of 66 gating.

The drainage proposals incorporate connection to the foul sewer and sustainable drainage systems with a new outfall to the Nant Cwy.

The landscaping proposals include the retention of the existing school habitat ecology area within the eastern part of the site, reinforcement of the southern boundary with a new hedgerow, translocation of the boundary along the existing western boundary of the site and reinforcement with additional tree planting. Tree removal will occur in three locations - at the site entrance in order to provide access and vision splays as required by the Highway Authority, to the west of the existing school boundary where the school effects a line of existing trees and within the proposed car park where one veteran oak tree would be removed.

The details of the proposed development is fully detailed within the submitted plans and documentation. The supporting documentation is listed below:-

Planning Statement Design and Access Statement Flood Consequences Assessment and Drainage Strategy Transport Statement, Travel Plan and Vehicle Tracking Plans Highway/Access Detail Plan Pollution Prevention Plan Phase 1 Environmental Survey (Desktop Study) May 2016 - (this was submitted on the disc as over 10mb.) Site Investigation Report - sent post-submission Construction/Environmental Management Plan Project Environmental Plan Ecological Appraisal Report Tree Survey and arboricultural impact assessment (June 2016) Environmental Noise Survey Report (June 2016) Landscape and Visual Impact Assessment and Appendix Topographical Survey 1-3 Utility Survey 1-3

Since the original submission, a number of amendments have been made to the application which are reflected in amended plans and amended documentation details as follows:- i. An updated Bat Survey contained within the LLangors Ecological Appraisal Rev 1 received on 31 August 2016, ii. Amended plans to reflect a new surface water outfall to the Nany Cwy, revised amended materials, details of the fencing, an amended Design and Access Statement and amended Flood Consequence Assessment and Drainage Strategy received on 20 September 2016. iii. Amended Pollution Prevention Plan and Tree Plan received on 29 September 2016.

Page 42 of 66 PLANNING HISTORY 13/08755 - Installation of temporary mobile classroom to existing primary school. Approved 07.05.2013 P16595 - Erection of mobile classroom and link to existing school. Approved 08.11.1999

POLICY CONTEXT Policy 1 Appropriate Development in the National Park SP1 National Park Policy SP3 Environmental Protection - Strategic Policy Policy 3 Sites of European Importance Policy 4 Sites of National Importance Policy 5 Sites of Importance for Nature Conservation Policy 6 Biodiversity and Development Policy 7 Protected and Important Wild Species Policy 8 Trees and Development Policy 9 Ancient Woodland and Veteran Trees Policy 10 Water Quality Policy 11 Sustainable Use of Water Policy 12 Light Pollution Policy 14 Air Quality Policy 21 Historic Landscapes Policy 22 Areas of Archaeological Evaluation Policy CYD LP1Enabling Appropriate Development in the Countryside Policy 51 Development of New or Extended Community Facilities Policy 56 Water and Sewage Supply for New Development Policy 58 Sustainable drainage systems Policy 59 Impacts of Traffic Policy 60 Provision for cycling and walking Policy SP4 Climate Change Policy SP11 Sustainable Design Policy SP17 Sustainable Transport Policy SP18 Sustainable Use of Land Landscape and Development (October 2014) Guidance for Sustainable Design in the National parks of Wales (October 2008)

In the determination of a planning application, regard should also be given to the requirements of National Planning Policy which are not duplicated in the Local Development Plan. The following Welsh Government Planning Policy is relevant to the determination of this planning application:-

Planning Policy Wales Chapter 4 - Planning for Sustainability, Chapter 5 - Conserving and Improving Natural Heritage and the Coast, Chapter 6 - Conserving the Historic Environment, Chapter 8 - Transport, Chapter 12 - Infrastructure and Services, Chapter 13 - Minimising and Managing Environmental Risks and Pollution. Planning Policy Wales Technical Advice Note (TAN) 12 – Design, TAN 11 – Noise, TAN 5 - Nature Conservation and Planning, TAN 15 – Development and flood risk, TAN 18 –

Page 43 of 66 Transport. Wo Circular 60/96 Planning and the Historic Environment: Archaeology

MATERIAL CONSIDERATIONS The main material planning considerations for a proposal of this nature are the potential impacts upon the following matters The principle of the development, the impacts on:- the character and appearance of the area, ecology/biodiversity and protected species, archaeology, highway infrastructure, drainage infrastructure, flood risk and pollution control and amenities of nearby residents.

SUMMARY OF REPRESENTATIONS This application has been advertised through the erection of a site notice and a public notice in the paper as being a proposed development carried out on a site having an area of 1 hectare or more it represents a major development. The application was re- advertised following the receipt of the amended site boundary and amended details on 20th September 2016. As a result of this publicity, 13 letters/emails have been received raising the following comments

- Welcome replacement school but shortcomings need addressing - Consider one solution to fit all not appropriate - Consider pre school education important for village - School will not provide for needs of the community, does not provide for expansion, fearful of need for bolt on extensions - Question reduction in footprint, number and size of classrooms too small, shared teaching not included, need appropriate learning space, unisex toilets and changing facilities unsuitable - Support all weather pitch - Internally - limited shared spaces and group facilities and no consideration for school productions or for children with additional needs - No external teaching spaces integrated with landscape - School building should be environmentally sensitive with use made of local materials with a pitch roof with slates - Requested colour of rendering - Condition requested that car parking should be shared with community centre - Building should not detract from village and its surroundings as National park is reliant on visitors and tourists and site is on entry to village and lake - Lack of care to design and planning in context of the surrounding landscape and built environment to enhance the National Park - School not in keeping with area's outstanding natural beauty - Building is uninspiring, amounts to a sheep shed or industrial building - Does not meet good sustainable design as promoted by Welsh Government Planning Policy, is not well designed, appropriate or sustainable - The school comprises of two disparate disjointed elements, the entrance is visually confusing, presentation to road comprises the back wall of the kitchen, uninviting - Further details should be provided for need of external plant - Siting and orientation of building should be reviewed

Page 44 of 66 - Parking dominates main aspect of school - Inadequate parking spaces, particularly at drop off and pick up times, congestion around school and speed limit not observed will create safety and safeguarding issue - Question location of re-siting of traffic calming feature - Security of boundary for children, buildings and ground important - Question acceptability of planning consultation exercise in summer holidays and whether adequate consultation with staff, teaching staff and parents by project developers

APPRAISAL Principle of the development The proposed development involves the demolition of the existing school buildings, construction of a new school with new access and parking provision. The details of the works are documented within the Plans, Design and Access Statement, and Planning Statement and summarised above.

The majority of the proposed development site is located within the Listed Level 3 Settlement of Llangors on land identified as being in community use, and the remainder is located within the open countryside on an edge of settlement location as shown on the LDP Proposals Map.

Listed Settlements are defined by the LDP as sustainable locations suitable to accommodate small scale growth to support community sustainability. Policy S LP2 sets out the forms of development which are acceptable within Listed Settlements, this includes supporting proposals that strengthen and enhance the provision of community facilities and services serving the area and its locality (criterion 2). The Strategy and Policy Officer considers that this proposal will act to strengthen the existing school facilities to the benefit of the Listed Settlement and region.

Policy CYD LP1 enables appropriate development in the countryside which includes proposals that strengthen and enhance the provision of community facilities and services serving the area and its locality (criterion 2) Policy E LP1 relates to the provision of development to the benefit of the community sustainability at edge of settlement locations. It states that development proposals that are essential to community sustainability and/or have limited environmental impact will be enabled at edge of settlement locations. Acceptable exceptions development will be limited to certain proposals including those proposals relating to the provision of a new/extended community facility, where it can be proven that the facility is essential to the community and there are no suitable sites to accommodate the development within the Settlement Extent/Boundary (criterion 8).

Policy 51 of the LDP provides further detail in relation to the Development of New or Extended Facilities. This policy sets out that proposals for new, or extensions to existing schools, village halls, theatres and other community facilities such as community recreation or sports facilities, will be permitted where:

Page 45 of 66 a) The development is located within a defined Settlement Boundary or Settlement Extent as shown on the Proposals Map. OR b) It is proven that there will be no suitable development sites available within a Settlement, the NPA will consider proposals located on Edge of Settlement locations. AND c) The proposal is proven to be necessary to support community sustainability in that location; d) The facility can be proven to be operationally sustainable into the future; and e) The proposal has no unacceptable detrimental effect on the amenity and privacy of existing dwellings, nearby properties or the general public.

The supporting information shows that due to the constrained nature of the Llangors settlement boundary there are no other suitable locations to accommodate the new school together with the proposed playing and car parking facilities. In addition, the site, being an edge of settlement location is considered to be a sustainable location being in close walking distance to the centre of Llangors and with footpath links to the community centre adjacent. The proposed development would also retain and enhance the existing school facilities.

Many of the representation responses received welcome the principle of the replacement school.

Having reviewed the supporting information, the Strategy and Policy Officer is satisfied that the requirements of policy 51 have been satisfied such that the principle of the development is acceptable. It is therefore concluded that the principle of the development is acceptable in accordance with policy S LP2(2), policy E LP1(8) and policy 51 of the LDP.

Impact on the character and appearance of the area Policy 1 of the LDP is an overarching policy, criterion (i) of which seeks to ensure that the scale, form, design, layout, density, intensity of use and use of materials of any development, including a conversion, would be appropriate to the surroundings and will maintain or enhance the quality and character of the Park's natural beauty, wildlife, cultural heritage and built environment. Criterion (ii) seeks to ensure that developments are integrated into the surrounding landscape through planting and appropriate management of native species and creation of appropriate boundary features as necessary. Policy 21 Historic Landscapes states that Development which directly or indirectly either alone or in combination affects those areas listed within Part 2 of the 'Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales' will only be permitted if the essential integrity and coherence of the area, as defined in the Register, is preserved or enhanced.

New School Building The significance and implications of the new school development on the character and appearance of the area is summarised within the comments of the National Park's Senior Heritage Officer as set out above.

Page 46 of 66 The demolition of the existing school is welcomed from a built environment point of view as the existing school buildings have little in common with the predominant vernacular style of the buildings in the village of Llangors, although they are set down and obscured in the existing landscape. The proposed new school will not be as concealed and due to its siting, scale and form will create a more dominant feature at the entrance to the village from the direction of Brecon.

In design terms it is considered that the proposed development would create a utilitarian building that would not reflect the traditional character and appearance of the village settlement of LLangors, although it is accepted that the design and appearance reflects the semi-rural nature of the site being on the edge of the settlement where agricultural buildings tend to be located. The stepped down parts of the building does reduce its overall impact and the recent amendment to the external materials to substitute the central brick façade with render are welcomed as this makes the design appear less bulky and helps to assimilate the building with its surroundings. NRW have commented that render is an improvement in relation to local distinctiveness.

The applicant has been requested to alter the siting of the building so that the front elevation faces onto the public highway, to improve the urban form of the development. However, due to the constraints imposed on the scheme and design objectives for the school the applicant's agent has advised that it is not possible to re-site the building. The constraints have included the need for the existing school to remain operational whilst the new school is being built and the desire to respect views from the community centre. The design objectives of the school building have included maximising views south, managing solar gain by avoiding an east/west orientation of the building to avoid low sun angles and glare, providing one parking area provision to the front of the building with a one-way vehicular route accessed as far east as possible, providing a secure line between the play/external teaching areas and the entrance, and retaining existing field boundaries and hedgerows where ever possible.

In an email dated 28th October 2016 the applicant’s agent has confirmed that the applicant proposes to locate the kitchen plant internally. This would remove the visual clutter on the roof of the proposed kitchen and is welcomed.

The proposed type of security fencing is considered acceptable, as whilst 2.1 metres high it is a light and see through type construction.

Representations have raised a number of concerns about the design, siting, visual appearance and use of local material of the new school building. These comments are noted. However, it is considered that the recent amendment to use render in place of brick within the main façade has helped to improve the overall appearance and help to assimilate the building with its surroundings. Whilst it is disappointing that the siting has not been reconsidered, the main reasons for this, as set out above, are noted. It is also recognised that the site is on the edge of the village and that due to the distance, and intervening vegetation, the proposed development would not have an impact on the setting of any heritage assets of listed buildings located within the village. The National

Page 47 of 66 Parks Senior Heritage Officer has advised that whilst the siting is unfortunate, the proposals can be supported.

Landscape and visual assessment The landscape and visual assessment (LVA) has provided an outline appraisal of the likely landscape and visual effects of the development. It considers that the overall landscape sensitivity is moderate to high in view of the LANDMAP landscape character designations of the area. The LVA considers that in the short term the loss of vegetation including the mature oak trees would be a moderate to minor impact but overall the proposed development, together with mitigation measures, would have a negligible adverse effect on the landscape character. The reasons for this conclusion are that the development would represent only a small extension westwards, be closely integrated with the existing village and would not be an isolated development in the open countryside. Whilst there is some loss of tree and hedgerow the majority of the site would be contained within existing field boundaries, there is retained boundary and tree cover over the site, together with the mitigation planting which would reduce the mass and scale of the development. The new school building would replace the dated and unattractive buildings with a similar sensitively located and attractively designed building using appropriate materials with minor alterations to the topography of the site. Further, the proposal would not interfere with the main landscape feature in the area, LLangorse Lake and would have a negligible adverse effect on the Wye Valley Foothills Landscape Character Area 14.

However, within the site itself, given the moderate to high sensitivity of the landscape and the major landscape magnitude of change, the landscape impact is assessed to be of major significance.

In terms of visual impact, the LVA has identified that there are only a few number of residential properties that will experience significant visual effects. From Beacons View, located to the north of the site there would be filtered views of the main school building and the car parking area where the impact is assessed as major-moderate which would reduce to moderate - minor following the establishment of the proposed planting. Elsewhere, there would be negligible adverse effects to a few residential properties within the village where views would be limited by existing tree and boundary cover. Views from the community centre will be towards the new school building but the car park and service plant would be largely hidden by retained trees reinforced with new planting. The impact is assessed as major - moderate reduced to moderate - minor when the mitigation planting is established. From individual rural properties further afield, the impacts are assessed as negligible due to distance and the existing and proposed planting.

In terms of public rights of way, (PROW) the nearest is located in the field north of the western part of the site to the rear of Beacon's View where the LVA states the impacts would be similar to the impacts from this property. From the PROW to the south of the village leading to Llangorse Common little of the development would be visible due to intervening vegetation, particularly when the mitigation planting is established, such that the impact is assessed as negligible.

Page 48 of 66 From areas of Open Access Land located on higher ground to the east, including the summits of Mynydd LLangorse and Mynydd Troed, and the long distance promoted routes of The Beacons Way and The Three Rivers Ride, given the separation distance and density of tree cover, the impact is assessed as negligible adverse.

For users of the road network there would be no significant effects with the exception of a very localised section at the new site entrance where the impact is assessed as major - moderate adverse, which would reduce to moderate - minor following establishment of the mitigation planting.

In consideration of the landscape and visual impact, the main issues are whether the proposed development would have a significant impact on the special qualities of the National Park in this area which is highly sensitive being located within the Middle Usk Valley: Brecon and Llangorse Landscape of Special Historic Interest and the Wye Valley Foothills Landscape Character Area 14. It is accepted within the LVA that within the vicinity of the site which is of moderate to high sensitivity, the landscape and visual impact would be of major significance, which will reduce following the establishment of the proposed mitigation planting. However, from a wider perspective, the impact on the area, in terms of the sensitive landscape, on users of PROW's, open access land and from residential properties within the village and scattered nearby, the proposed development is not considered to have a detrimental impact on the character and appearance of the area.

NRW have provided comments on the LVA and have advised that it has underestimated the visual impacts to some extent as the viewpoints relate to summer views and winter views would be greater. NRW have raised concerns about the impact of the proposals on the local landscape which is highly sensitive and the loss of mature trees, including the veteran oak, together with the rearrangement of the field pattern and the views from the public road which are focused on the kitchen and deliveries area. NRW recommend further consideration is given to the retention of mature trees and hedgerows and the visual appearance and character of the proposals within the landscape. However, NRW have raised no objections and have noted that the replacement of brick with render is an improvement in relation to local distinctiveness.

The applicant has advised that the decision to remove trees and hedgerow as part of the proposals has not been taken lightly but after consideration of all the issues but principally highway and pedestrian safety considerations. The mitigation measures submitted to accompany the application, include the translocation of the hedgerow, hedgerow and tree protection, tree planting and which should ensure that the proposed development in the long term would not be detrimental to the rural character and appearance of the site and the existing landscape.

Trees Policies 8 and 9 of the Local Development Plan seek to ensure that trees are retained and protected as part of any development and that where there are losses appropriate replacement is provided to secure mitigation/compensation measures.

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The existing trees on the site form an important landscape feature and contribute to the character and setting of the existing buildings on the site.

A tree survey and arboricultural impact assessment accompanies the application together with a tree protection plan. The survey shows that there are a number of mature and veteran oak trees within the site (T32, T33 and T34) and a mixed line of semi-mature individual trees and groups of trees across the middle of the site and along the Eastern boundary.

The proposed development involves the removal of 5 individual trees and 2.5 groups of trees, of which 3 of the individual trees are category A (one a veteran tree) and 2 are category B trees.

The National Parks Arboriculturist has been consulted on the application. An objection has been received recommending refusal of the proposed development for the following reasons.

The proposals would require the removal of two irreplaceable category A Oak trees. T32 is a distinctive tree that could continue to contribute to the local landscape character, amenity and biodiversity for many years to come. T33 is a veteran tree of immense biodiversity value which would also have many decades of useful contribution to make in this regards. The proposed tree planting as mitigation in the landscaping plan is not considered to be compensation for the loss of these two mature Oak trees.

The National Parks Arboriculturist is also concerned that the tree constraints and tree protection plan do not show the positions of all the proposed utilities to service the new school and parking area - drainage, lighting, gas, water, electricity etc. Similarly, she is concerned that inadequate information has been provided to adequately show how all the proposed site works can be undertaken without damaging the retained trees on site. These works include the widening of the existing footway along the South side of the road which may affect the structural roots of a number of large trees on the bank a short distance away, relocation of a lighting column, a new 2.1m high boundary fence to be erected immediately to the South and West of T34 (Oak) cutting through its root protection area, and a plant storage and refuelling area which is proposed immediately beneath T34 (Oak) and within its fenced off root protection area.

The National Parks Arboriculturist has suggested that removal of T32 would be unnecessary if the new entrance were to be relocated further to the west, and T33 could be retained as a central feature to the car park if the layout were altered to accommodate it.

Following the receipt of the above comments, the applicant's agent has submitted a revised Pollution Prevention Plan and tree plan, to address some of the concerns raised, which have been welcomed.

Page 50 of 66 However, the proposals still result in the loss of trees T32 and T33, due to highway requirements regarding the siting of the access, parking and footway provision and the need for a one way system to accommodate the school bus. This is very disappointing, as the loss of these category A trees, especially T33 which is a veteran tree, contribute to the quality and character of the local landscape character and visual amenity of the area. This tree loss would be detrimental to the character and appearance of the site in the existing landscape and the visual amenities of nearby local residents.

Whilst it is recognised that the proposed tree planting, hedgerow translocation and landscaping works as mitigation in the landscaping plan will never compensate for the loss of these two mature oak trees in a short timescale it is hoped that the proposed planting will in the long term become valuable landscape and biodiversity features.

Conclusions It has been accepted above that the proposed development is supported in principle being an edge of settlement location which would retain and enhance the existing school facilities, replacing the existing school which is in a poor condition. The new school building would be utilitarian in appearance but due to its limited height, scale and use of materials it would generally be assimilated with its surroundings. There would not be significant detrimental impact from a wider perspective on the sensitive landscape of the general area but due to the loss of mature and veteran trees and hedgerows within the site, there would be a detrimental impact on the immediate local landscape and the visual amenities of the nearest residential properties, road users and users of the public right of way to the north of the site. Whilst the need for the extent of vegetation loss due to highway reasons is noted, it is very disappointing, and an objection has been raised by the National Parks Arboriculturist for the tree loss and potential impact on the roots of further trees CCTV or lighting services. However, it is accepted that this impact would be reduced to a certain extent over the long term following the establishment of the proposed mitigation planting.

In conclusion, whilst there would be detrimental impacts locally due to the hedgerow and tree loss, it is considered that the new school development would otherwise be acceptable in terms of its impact on the character and appearance of the area, subject to the imposition of conditions to secure the works are carried out in accordance with the submitted documentation, to secure the precise details of the external materials and further details of the landscaping scheme, to ensure that the development would be compliant with the policies of the LDP.

Impacts on archaeology Para 6.5.1 of PPW outlines the desirability of preserving archaeological remains and their setting is a material consideration in the determination of planning applications. Similar advice in Circular 60/96 requires Authorities to take into account archaeological considerations at the early stages of development and to be fully informed about the nature and importance of archaeological remains and their setting and the likely impact of any proposed development upon them.

Page 51 of 66 Local Development Plan Policy SP3 f) requires all development proposals to demonstrate that they do not have an unacceptable impact on, nor detract from or prevent the enjoyment of … archaeological features. Policy 22 requires that where important archaeological remains are known or may exist within an area for archaeological evaluation, the archaeological implications of development proposals shall be evaluated by qualified and independent archaeologists before planning applications are determined.

Llangorse is located in a rich archaeological landscape, within the Middle Usk Valley, Brecon and Llangorse Landscape of Outstanding Historic Interest. No heritage assets are recorded within the area of the application. However, the site is located close to the historic core of the medieval village, and part of the defined envelope of the historic core as outlined in the LDP, encompasses part of the appraisal site.

Whilst there are no recorded assets within the appraisal site itself, the proposed development is considered to be within an area of archaeological sensitivity such that archaeology is a material consideration in the determination of this planning application. The application proposals involve a considerable amount of ground impact and truncation across the site which would have considerable potential to impact upon any surviving archaeological resource.

As originally submitted there was insufficient information submitted to accompany the application to assess how the proposed development might impact upon potential archaeological remains or to advise on any appropriate mitigation measures. However, an archaeological evaluation has been undertaken at the site and was received on 27 September 2016, in order to identify how the proposed development might impact upon potential archaeological remains.

The archaeological evaluation consisted of eight trenches excavated across the proposed development site, in accordance with a WSI submitted by the applicant, and approved by the BBNPA. Seven of the trenches contained no archaeological remains, although one trench, Trench 6, contained one linear archaeological feature. It is not depicted on any modern or post-medieval cartography covering the site and is therefore considered to be of ancient origin, potentially of Medieval or earlier date. Its function is currently unknown, possibly representing an enclosure or property/agricultural boundary.

The BBNP Archaeologist has advised that the evaluation has demonstrated that known archaeological remains survive within this proposed development site which is sufficient pre-determination information to enable informed assessment of the archaeological potential of the site. The BBNP Archaeologist considers that the impact of the proposed development upon the archaeological remains present on site can be dealt with post- determination, by a suitably worded watching brief condition attached to any permission granted for this application.

It is therefore considered that subject to the imposition of the above conditions the proposed development would be consistent with policy SP3 f) of the Local Development Plan as well guidance set out in PPW and Circular 60/96.

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Impacts on ecology/biodiversity and protected species To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. The Local Development Plan includes a number of policies regarding ecological issues and safeguarding biodiversity as set out in the report above.

An Ecological Appraisal Report accompanies the application. This includes a walkover survey of the site which shows that the western half of the site is predominantly improved grassland; the central area has existing amenity grassland (playing fields) with a woodland wildlife area with two ponds to the east of the school building. The western field is bounded by mixed-species hedgerows with occasional oak trees including a veteran oak tree in the north-western boundary.

A number of features were identified that had potential for bat roosting and therefore bat activity surveys were undertaken in June, July and August 2016. The bat activity surveys identified the presence of two bat roosts at the site - one in the school buildings (a single soprano pipistrelle) and another in the veteran oak tree in the north-western boundary (up to ten soprano pipistrelle bats). The mitigation measures include the provision of a number of bat boxes on mature trees at the site as well as the installation of bat boxes within the external structure of the south-western elevation of the new school.

The National Parks Planning Ecologist and Natural Resources Wales have been consulted to provide their expert comments in relation to the potential impact of the proposals on protected species.

The National Parks Planning Ecologist broadly welcomes the conclusions and recommendations in the ecological report. However, concerns are raised regarding the proposed layout of the school which results in the removal of the hedgerow and veteran oak tree along the north-western boundary as well as the hedgerow and mature oak tree on the northern (roadside) boundary. She is disappointed that the layout cannot be amended to allow the retention of the two oak trees and the field boundary hedgerow. However, it is acknowledged that the applicants have done their utmost to provide an appropriate mitigation and compensation strategy. This includes the translocation of the existing hedgerow to the new boundary of the site (apart from the veteran oak tree) and the planting of new hedgerow inside this to provide a wide and valuable wildlife corridor. The existing (translocated) hedgerow will also have 5 new oak trees planted within it to compensate for the loss of the two oak trees. Whilst it is difficult to compensate for the loss of a veteran tree and a future veteran tree in a short time scale, it is hoped that these trees will eventually in the long-term become valuable landscape and biodiversity features.

Biodiversity enhancement measures have not been specifically mentioned within the proposals, but the National Park's Planning Ecologist has advised that the extent of new

Page 53 of 66 planting at the site probably exceeds the mitigation and compensation requirements and could be considered as enhancement. In addition a number of features for bats and nesting birds could be provided as further mitigation.

A Landscape and Ecological Enhancement and Management Plan will be required to be submitted to identify the overall proposed mitigation, compensation and enhancement measures as well as making provision for their long-term management.

The retention of the school wildlife ponds and associated woodland "nature area" and new woodland planting areas are also welcomed. The submission and implementation of a management plan for these areas are required to ensure their continued benefits for nature conservation interests at the site.

Details of external lighting will also be required to be submitted to ensure that it is appropriately designed and sensitively located to avoid light-spill towards bat roosting areas or wildlife corridors.

The proposed landscaping scheme incorporating new hedgerow planting and planting specification is broadly considered acceptable. The access to the agricultural field in the north-west corner of the car park should be provided at a maximum of 3 metres in width to minimise the gap in connectivity between the hedgerows. It is noted that there is no access to the small field that will be created in the north-western part of the site.

Natural Resources Wales (NRW) have advised that as the proposed development affects a European Protected Species (bats) then it is likely to give rise to the need for a licence. However, they have advised that the proposed development is not likely to be detrimental to the maintenance of the population of the species concerned at a favourable conservation status provided that appropriate mitigation measures are put in place for the loss of the two bat roosts. NRW have raised no objections subject to the insertion of a number of conditions to ensure: the submission of a detailed method statement in include timing of the works, no tree felling or demolition works to commence until a licence has been issued, and detailed lighting plans have been agreed with the Authority.

In conclusion, no ecological objection has been raised to the new school development from NRW or the National Park's Planning Ecologist, subject to the imposition of a number of conditions. However, concerns have been raised regarding the proposed layout which will result in the loss of mature and veteran oak trees as well as negative impacts on hedgerows. However, a mitigation and compensation strategy has been submitted to offset and compensate for the negative impacts on trees and hedgerows. Measures are also proposed to provide alternative roosting features for the pipistrelle bat roosts that will be destroyed.

It is therefore concluded that ecological issues and safeguarding of biodiversity within the proposed development can be appropriately accommodated by the imposition of appropriate conditions The proposed development is therefore considered to be consistent with policies SP3, policies 3, 4, 6,7, 9 and 12 of the Local Development Plan.

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Impacts on the Llangors Lake Site of Special Scientific Interest (SSSI) and Special Area of Conservation (SAC) The site is located approximately 500 metres to the north of Llangors Lake Site of Special Scientific Interest (SSSI) and Special Area of Conservation (SAC). A small watercourse (the Nant Cwy) runs to the south-east of the site and flows into Llangors Lake and the development proposes to dispose of greenfield surface water runoff into the Nany Cwy.

Natural Resources Wales have advised that this Authority will need to carry out a test of likely significant effects (TLSE) for the SAC, as required under Regulation 61 of the Conservation of Habitats and Species Regulations 20110 (as amended). In order to have sufficient information to carry out a TLSE, the details of how pollution of the watercourse is to be prevented are required to ensure appropriate pollution prevention measures during construction and operation of the development are employed.

The National Parks Planning Ecologist has advised that the submitted draft Pollution Prevention Plan is broadly acceptable in principal and a detailed final version can be secured through an appropriately worded planning condition. In addition, the details of the surface water attenuation measures can also be secured by condition. The National Park's Planning Ecologist has therefore advised that provided planning conditions to secure the pollution prevention measures and a surface water drainage strategy are imposed, no Likely Significant Effects on the Llangors Lake Special Area of Conservation (SAC), are anticipated as a result of these proposals. A Habitats Regulation Assessment (HRA) screening report (TLSE) has been completed and sent to NRW for ratification as the statutory nature conservation body under the above mentioned regulations.

Impacts on drainage infrastructure, flood risk and pollution control Policy 56 of the LDP requires development to have adequate water and mains sewerage infrastructure and that conditions should be imposed to ensure adequate services are available to serve the development.

Chapter 13 of PPW advises that the planning system has an important role in avoiding or minimising the adverse effects of any environmental risks on present or future land use, minimising risk from land contamination and that development does not increase the risk of flooding or surface water run-off.

Surface water is proposed to be secured by sustainable drainage systems and the proposed development is to dispose of foul drainage to the public foul sewer.

The Flood Consequence Assessment (FCA) and Drainage Strategy accompanying the application shows that the majority of the site is located within an area at low risk of flooding including the main access and egress points to the site apart from a very small section of the south eastern corner which is shown in Flood Zone C2, although this area will not be altered as part of the development proposals. As school development is classed as highly vulnerable development within Tan 15, the justification criteria within Tan 15 has been considered. There are no watercourses within the site, however the

Page 55 of 66 Nant Cwy runs adjacent to the eastern boundary of the site.

The Drainage Strategy therefore seeks to ensure an effective surface water management strategy is implemented and disposal is achieved without adverse flood risk impacts. The drainage strategy provides for greenfield runoff to discharge into the Nany Cwy in accordance with best practice, with the play areas draining via infiltration the detail design of which will depend on soakaway testing. The FCA states that with the proposed attenuation and SuDs enhancement measures the development should result in a net benefit and reduction of flood risk to neighbouring/downstream properties. The Drainage Strategy includes recommendations including SuDs measures to incorporate treatment prior to discharging, regular inspection and maintenance and additional details for the surface water outfall which may dictate the finished floor level of the school building.

Dwr Cymru Welsh Water have confirmed there is sufficient capacity in the public sewerage network to accommodate the development. DCWW have raised no objections to the proposed development subject to the imposition of conditions securing details of the means of disposal of foul, surface and land water, which shall include the use of a grease trap to prevent grease entering the public sewerage system.

Powys County Council Land Drainage have been consulted as the Lead Local Flood Authority regarding the application. The comments in response have noted the FCA and have raised no objections subject to the imposition of conditions to secure full details and implementation of the flood risk/drainage measures prior to fist occupation and detailed design of the surface water drainage to include management and maintenance. In relation to pollution of the watercourse, NRW have recommended that details of how pollution of the watercourse is to be prevented should be provided for the construction and operation of the development. The submitted draft Pollution Prevention Plan is broadly acceptable in principal and a detailed final version can be secured through an appropriately worded planning condition.

In relation to possible contaminated land, the Ground Investigation Report has shown that the site was greenfield until 1976 when the school was developed and that no substantial sources of contamination have been identified. NRW has considered this report and have advised that given the presence of fuel storage tanks there is a risk of unsuspected contamination and the near proximity of sensitive environmental receptors a condition is recommended to require details of the treatment of such material.

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

Impacts on highway infrastructure Policy 59 of the LDP specifies that development will only be permitted where appropriate access can be achieved commensurate with the level of development proposed. The proposed development proposes a new access onto the public highway onto the

Page 56 of 66 unclassified road with provision made for parking for staff and visitors, pick up and drop off for parents and a circular route to accommodate the school bus.

The Transport Statement (TS) accompanying the application describes the existing transport infrastructure that serves the school, current travel patterns and the transport implications of the proposed development. The TS shows that there will be a small increase in the school's capacity of 163 children up to 175. There are 12 teachers and support staff, 4 early years’ staff and 3 catering staff members.

The TS states that at present there is parking provision within the school for 5 cars and a further 8 cars within a small public car park adjacent to the school. Buses need to reverse into the one bus parking space adjacent to the school. There is also an informal arrangement in place for parents to use the community hall car park during school drop- off and pick-up times which accommodates 22 vehicles. A 20mph speed limit applies around the access to the school and beyond that the village has a 30mph speed limit. The traffic calming feature in the form of a build out narrows the road to a single lane whereby traffic entering the village need to give way to any traffic approaching from the opposite direction. Analysis of road safety data shows that there have been no injury accidents at all recorded within the village from 2005 to 2014 inclusive.

The TS includes a travel survey of pupil and staff travel patterns which shows that 43 (29 percent) of pupils travel by school bus, some 47 (27 percent) are driven alone to school, 58 (33 percent) are driven in the company of siblings or friends and 17 (11 percent) walk to school. One member of staff cycles to school, 11 drive alone and 5 walk to school. No pupils cycle to school. Walking is only viable for pupils and staff that live in the village of Llangors where there are footways alongside the majority of the village’s streets. There are no recognised cycle routes within the village. The data therefore reflects the rural catchment with the majority travelling by motorised transport.

The TS states that at present there is a significant shortfall in off street parking for parents resulting in significant parking on the street which causes congestion and hazardous conditions. There is also an informal arrangement with the neighbouring land owner whereby parents park in an adjacent field.

The Transport Statement has assumed that the proportions remain the same and that the parking should cater for 80 percent of the peak parking demand as a reasonable level. The TS shows that as the peak level would be in the order of 61 spaces, the combined proposed 59 space car park and adjacent 22 space community car park would accommodate this provision.

Representation questions the amount of parking, the location of the traffic calming feature and the adjacent agricultural accesses. However, Powys County Council Highways Officer has considered the proposed development and has raised no objection including the proposed shared use of the access to the school and the agricultural land adjacent. However, conditions are recommended in order to secure the following matters, surfacing of the access road, the storage of all construction materials and parking and

Page 57 of 66 turning of construction vehicles within the site, the off-site highway works, and the on- site infrastructure works.

It is therefore considered that the proposed development would not lead to a detrimental impact on the existing highway infrastructure or on highway safety and complies with policy SP17 and policy 59 of the LDP subject to the imposition of conditions to secure the matters raised above and the provision of a travel plan.

Impacts on amenities of nearby residents. Para 3.1.7 states that the planning system does not exist to protect the private interests of one person against the activities of another. Proposals should be considered in terms of their effect on the amenity and existing use of land and buildings in the public interest, and it is therefore valid to consider the effect of a proposal on the amenity of neighbouring properties.

The application site lies on the edge of the settlement of Llangors and in close proximity to residential properties. The proposed construction phase and future use of the development therefore has the potential to have an effect on nearby residential amenity. However, no external lighting is proposed for the play areas and thus the use of these external areas would be restricted to daylight hours only.

A Construction/Environmental Management Plan and environmental noise survey report accompany the application. The first indicates the approach to manage environmental aspects of the development and the latter concludes that there would be no unacceptable noise impacts provided the associated plant of the school does not exceed the levels indicated by best practice.

Powys County Council Environmental Health Service have raised no objection to the proposed development subject to the inclusion of recommended conditions to secure the following matters:- o A construction method statement and environmental management plan in order to control noise and dust during the construction, demolition and landscaping phases. o Working, delivery times (including deliveries to and removal of plant, equipment, machinery and waste, including soil from the site) and all other works and ancillary operations audible at the site boundary to be restricted to the following hours:- 0800- 1800 Hours Monday to Friday, 0800-1300 Hours Saturday and at no time on Sunday and Bank Holidays. o Attenuation of plant noise.

In respect of nearby residential amenity, no concerns have been raised from neighbouring residents. The main school building is located over 100 distance to the nearest residential properties and the play area provision is located close to the siting of the existing play areas. The relocation of the site entrance brings the entrance closer to some residential properties but further away from others.

Overall, as no objections have been raised from the Environmental Health Officer of

Page 58 of 66 Powys CBC, subject to the imposition of conditions, it is considered that the effects of the proposed development can be adequately controlled such that there would not be a significant detrimental effect on the amenity of nearby residents in terms of dust, air quality, noise and lighting. No provision is proposed for external lighting of the play areas within the proposed development and therefore light pollution is not a relevant issue at present. However, a condition is recommended to be imposed to require a scheme of external light should it be necessary, for the prior written approval of the local planning authority

It is therefore considered that the proposed development and use of the external areas would not have a significant detrimental effect on the amenity of nearby residents in terms of noise and disturbance, light pollution or loss of privacy and is acceptable in terms of residential amenity.

Other Matters

There are a number of representations that have been made that relate to the nature of the educational provision and the facilities that are to be provided, the shared use with the community centre and also questions the adequacy of the consultation exercise by the project developers. LLangors Community Council have also requested that a number of matters are secured as part of this application for the benefit of the community. These matters are outside the scope of the planning considerations of this application and are therefore not considered further.

Representation has also been made concerning the acceptability of the consultation exercise regarding the proposed development by the planning authority. The publicity concerning the planning application has followed planning regulations.

Overall Conclusions It is considered that, the new school development is supported in principle being an edge of settlement location which would retain and enhance the existing school facilities, replacing the existing school which is in a poor condition. The school development would not have a significant detrimental impact upon the main material considerations as set out above, apart from the tree loss which would be detrimental to the character and appearance of the immediate site, which has resulted in significant concerns raised by the National Park's Arboriculturist. It is considered that whilst this loss is disappointing, the need for this loss on highway grounds has been justified and a mitigation planting scheme has been submitted which should reduce such impacts in the long term.

On balance, it is considered that the new school development should be supported and is recommended for approval subject to the imposition of the recommended conditions set out below.

RECOMMENDATION: Permit

Conditions and/or Reasons:

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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. NP1v2 (Site Location Plan), NP2v2 Drwg No LLA PL A (05) 101 RevA, NP3v2 ( Drwg LLA PL A (05) 104 RevA), NP4v2 (Drwg LLA PL A (05) 105 RevA), NP5v2 (Drwg LLA PL A (05) 108 RevA), NP6v2 ( Drwg LLA PL A (05) 106 RevA), NP7v2 (Drwg LLA PL A (05) 102 RevA), NP8v1 (Drwg LLA PL A (05) 103) , NP9v2 (Drwg LLA PL A (05) 107 RevA ), NP16v1 (Vehicle Swept Path Analysis - Drwg CAM 00 00 GA C SK02) NP17v1 (Access Work - General Arrangement Drwg P001) unless otherwise agreed in writing by the Local Planning Authority 3 Prior to the commencement of the development hereby permitted, revised elevations and floor plans shall be submitted to and approved in writing by the Local Planning Authority, to show that the kitchen plant shall be removed from the kitchen roof and inserted internally. The development shall be carried out in accordance with the approved plans. 4 Working, delivery times (including deliveries to and removal of plant, equipment, machinery and waste, including soil from the site) and all other works and ancillary operations audible at the site boundary to be restricted to the following hours, unless otherwise agreed in writing with the Local Planning Authority 0800 to 1800 Hours Monday to Friday 0800-1300 Hours Saturday and at no time on Sunday and Bank Holidays 5 No development shall take place until full details or samples of materials to be used externally on walls, roofs and fencing have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details. 6 Prior to commencement of any works to or the removal of the veteran oak tree (T32), a full working method statement for bats shall be submitted to and approved in writing by the Local Planning Authority. The method statement shall incorporate the recommendations in Section 5 of the ecological report dated July 2016 - Revision 1 (dated 16th August 2016) and include the timing of works, ways of working, tools to be used, proposals for any pre-works inspections, and contingencies in case bats are found during works. The development shall be carried out in accordance with the approved details. 7 Prior to commencement of any works to or the removal of the veteran oak tree (T32), the Local Planning Authority shall be provided with a copy of the license for bats that has been issued by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations 2010 (as amended) authorising the specified development to go ahead or written confirmation from Natural Resources Wales that such a license is not required. 8 Prior to commencement of any demolition works to the existing school buildings, the Local Planning Authority shall be provided with a copy of the license for bats that has been issued by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations 2010 (as

Page 60 of 66 amended) authorising the specified development to go ahead or written confirmation from Natural Resources Wales that such a license is not required. 9 Prior to commencement of development works, a Construction and Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP shall incorporate the recommendations in Section 5 of the ecological report dated July 2016 - Revision 1 (dated 16th August 2016) a detailed and final Pollution Prevention Plan based on the revised Version 1.0 document dated 22/09/2016. the means of the control of noise and dust during the construction, demolition and landscaping phases. The development shall be carried out in accordance with the approved details. 10 Any plant or equipment including any air conditioning, ventilation and extraction systems (plant) installed or operated in connection with the carrying out of the development herby permitted shall be so enclosed and/or attenuated that the noise generated by the operation of the plant shall not increase the background noise levels above that prevailing when the machinery is not operating. Measurements during the day time (0700 - 2300) expressed as LA90 (1hour), and/or during the night time (2300- 0700) expressed as LA90 (5 mins) at any adjoining noise sensitive locations or premises in separate occupation. Noise measurements for the purpose of this condition shall be pursuant to BS 4142 2014. 11 Prior to the commencement of the development, a detailed surface water drainage strategy shall be submitted to the Local Planning Authority for written approval and shall be implemented as approved. This strategy shall be based on and should include the recommendations in the Drainage Strategy report dated September 2016. 12 No external lighting shall be installed until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with wildlife corridors and bat mitigation/enhancement measures, and shall not extend to any flood lighting of the play area provision, which will require separate planning permission. The development shall be carried out in accordance with the approved details. 13 Prior to the first beneficial use of the development hereby permitted, a Landscaping and Ecological Enhancement and Management Plan shall be submitted to and approved in writing with the Local Planning Authority. The Plan shall include the following matters a. The details of the translocated hedge incorporating new specimen native oak trees along the western boundary of the site, supplementary hedgerow planting along the northern and southern boundaries, native woodland planting and specimen tree planting as shown on the Landscape Strategy Plan dated July 2016 Drwg No. 2450/01 attached to the landscape and visual impact assessment. b. Screen planting to the north of the service area adjacent to the kitchen area c. The use of native species d. The details of the planting specifications - the species, sizes and planting densities

Page 61 of 66 e. Details of bat and bird boxes - specifications and locations f. A timetable for implementation and future management to ensure good establishment g. Provision for the long-term monitoring and management of the general landscaping and ecology of the site 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 seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. The development shall be carried out in accordance with the approved details. 14 The developer will ensure that a suitably qualified archaeological contractor is present during the undertaking of selected ground works in the development area, so that an archaeological watching brief can be maintained. The archaeological watching brief will be carried out in accordance with a brief issued by the local planning authority and a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority, which must meet the standards laid down by the Chartered Institute for Archaeologists in their Standard and Guidance for an Archaeological Watching Brief. The Local Planning Authority must be informed at least 2 weeks prior to the commencement of the development of the name of the archaeological contractor appointed to undertake the Watching Brief. A copy of the Watching Brief report shall be submitted to the Local Planning Authority, the National Park Archaeologist and the local Welsh Archaeological Trust for inclusion in the Regional Historic Environment Record (HER). 15 The installation of the protective fencing is to be carried out prior to any works (demolition or construction) commencing on site, and shall be inspected and signed off by the BBNPA tree consultant prior to any demolition or construction works commencing. 16 The recommendations within the submitted Pollution Prevention Plan and Tree Plan received on 29 September 2016 for ground protection and construction within root protection areas shall be closely followed within the proposed development. Further details of CCTV and lighting services shall be added to these details in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority prior to works commencing. The works shall be carried out in accordance with the approved details. 17 Prior to the commencement of any works on the development site the access road as detailed on drawing number LLA 00 PL A (05) 101 shall be fully completed to the written approval of the local planning authority in accordance with the following specification; 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 minimum distance of 20 metres from the edge of the adjoining carriageway.

Page 62 of 66 18 Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the storage of all construction materials and for the parking of all construction vehicles together with a vehicle turning area. The parking and turning area shall be constructed to a depth of 0.45 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. 19 The off- site highway works as detailed on drawing P4053-17 P001 shall be completed to a specification to be submitted to and agreed in writing by the local planning authority prior to occupation of the new school. Thereafter, the off- site highway works shall be retained in perpetuity. 20 Prior to the first use of the new school all on-site infrastructure including car parking spaces, access and circulation areas as detailed on drawing LLA 00 PL A (05) 101 shall be completed to a specification to be submitted and agreed in writing by the local planning. Thereafter, the on-site highway works shall be retained in perpetuity. 21 No development shall commence until details of a scheme for the disposal of foul and surface water has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include, the following matters - an assessment of the potential to dispose of surface and land water by sustainable means. - the details of the surface water outfall to the Nant Cwy - that foul drainage is connected to the public sewerage system. - a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the surface water drainage system throughout its lifetime. The scheme shall be implemented in accordance with the approved details prior to the first beneficial use of the development hereby approved and no further foul water, surface water and land drainage shall be allowed to connect directly or indirectly with the public sewerage system. 22 The use hereby approved shall not commence until an adequate grease trap has been fitted in accordance with details that have been submitted to and approved in writing by the Local Planning Authority. Thereafter the grease trap shall be maintained in perpetuity so as to prevent grease entering the public sewerage system. 23 No development shall commence until full engineering details/drawings to reflect the recommendations outlined within Cambria Consulting Limited FCA and Drainage Strategy report dated September 2016, have been submitted and approved in writing by the Local Planning Authority. These flood risk/drainage measures shall be functional prior to first occupation of the development. 24 The finished floor level of the new school building and the proposed levels of the site shall be submitted to and approved in writing by the Local Planning Authority, prior to any development commencing. 25 If, during development, contamination not previously identified is found to be

Page 63 of 66 present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority detailing how this unsuspected contamination shall be dealt with. The development shall be implemented in accordance with the approved details.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 In the interests of the character and appearance of the area. 4 To safeguard the amenity of local residents. 5 To safeguard the character and appearance of the area. 6 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 7 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006 8 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 9 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. Also, in the interests of residential and amenity. 10 In the interests of residential amenity. 11 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. Also, in the interests of environmental amenity and the water environment. 12 To secure appropriate form of lighting in the interests of visual amenity, residential amenity and biodiversity. 13 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice

Page 64 of 66 Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. Also, in the interests of residential and amenity. 14 To ensure that any remains of archaeological significance disturbed in the course of the work are excavated, recorded and reported 15 To ensure a satisfactory form of development that enhances the quality of the environment. 16 To ensure a satisfactory form of development that enhances the quality of the environment. 17 To ensure the safety and free flow of traffic using the adjoining county classified road. 18 To ensure the safety and free flow of traffic using the adjoining county classified road. 19 To ensure the safety and free flow of traffic using the adjoining county classified road. 20 To ensure the safety and free flow of traffic using the adjoining county classified road. 21 To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment 22 To ensure no pollution of or detriment to the water environment. 23 To ensure that the proposed development does not compromise the function of the existing waterbody and that any proposed flood risk/drainage measures are fully compliant with regulations and are of robust design. 24 To safeguard the character and appearance of the area. 25 Given the size and/or complexity of the site it is considered possible that there may be unidentified areas of contamination at the site that could pose a risk to controlled waters if they are not remediated.

Informative Notes:

1 Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000 2 The development is identified as being potentially affected by land contamination due to its former agricultural use. Therefore, should any mage ground and/or contamination be identified during the development it would be practical to investigate and assess any potential risks, and to inform Powys County Council's Contaminated Land Officers immediately. 3 DCWW Advisory Notes

Page 65 of 66 Advisory Notes The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. The proposed development is crossed by a trunk/distribution watermain, the approximate position being shown on the attached plan. Dwr Cymru Welsh Water as Statutory Undertaker has statutory powers to access our apparatus at all times. I enclose our Conditions for Development near Watermain(s). It may be possible for this watermain to be diverted under Section 185 of the Water Industry Act 1991, the cost of which will be re-charged to the developer. The developer must consult Dwr Cymru Welsh Water before any development commences on site. 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. If you have any queries please contact the undersigned on 0800 917 2652 or via email at [email protected] Please quote our reference number in all communications and correspondence.

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