Brecon Beacons National Park Authority

PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

21 April 2009

RECOMMENDATIONS OF THE AREA PLANNING MANAGERS

ON APPLICATIONS FOR DETERMINATION BY

THE PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

Page 1 of 147 INDEX

ITEM REFERENCE ADDRESS RECOMMENDATION 1 06/00343/FUL Area Of Land Bordering Permit subject to Section Llanvihangel Crucorney 106 Agreement Monmouthshire

2 07/01001/REM Land Adjoining Rhoslan Permit subject to Section Cwmgarn Road 106 Agreement Rhosaman

3 08/01563/FUL Glwydcaenewydd Farm Planning Permission Crai Required Brecon Powys LD3 8YP 4 08/01953/FUL Left Bank Downstream Of Refuse Llangynidr Bridge

5 08/02004/FUL Garage Beside The Old Mill Permit Llangenny Powys NP8 1EY

6 08/01969/FUL 4 Cefn Cantref Permit Cefn Cantref Brecon Powys LD3 8LT 7 08/02046/OUT Land Adjoining St. John's Close Permit Tretower Crickhowell Powys

8 08/02213/FUL Ammunition Compound Permit Storage Area Building 54d Dering Lines Brecon Powys

Page 2 of 147 9 09/02777/FUL The Market Garden Permit Wernfawr Talgarth Powys

10 09/02818/FUL Castle Coaching Inn Permit subject to Section Trecastle 106 Agreement Sennybridge Brecon Powys 11 09/02820/FUL Marlins Permit Orchard Lane Llangynidr Powys NP8 1NB 12 09/02842/FUL Craig Y Nos Country Park Permit Brecon Road Penycae Swansea SA9 1GL 13 07/01356/FUL Great Porthamel Report to follow Talgarth Brecon Powys LD3 0DL

Page 3 of 147

ITEM NUMBER: 1

APPLICATION NUMBER: 06/00343/FUL APPLICANTS NAME(S): Melin Housing Association SITE ADDRESS: Area Of Land Bordering Llanvihangel Crucorney Monmouthshire GRID REF: E: 332645 N:220779 COMMUNITY: Crucorney DATE VALIDATED: 17 October 2007 DECISION DUE DATE: 12 December 2007 CASE OFFICER: Mr Jonathan James

PROPOSAL 8 No. proposed residential units to provide affordable housing for local people ADDRESS Area Of Land Bordering Llanvihangel Crucorney, Monmouthshire,

CONSULTATIONS/COMMENTS Consultee Received Comments

Rural Housing Enabler 22nd Aug 2006 22/8/2006 - Identifies that the RHE, local authority housing department, the housing association and the architects have been working closely with the

Page 4 of 147 Crucorney Community Council since the projects commencement in August 2003. Identifies that housing needs survey has been carried out for the area which recognizes a local need for 12 affordable houses. The proposal will provide affordable housing in perpetuity and can be controlled by local occupancy restrictions in any section 106 agreement. Application is an opportunity to deliver affordable housing specifically for people local to Crucorney area. This is a much needed housing resource for the community.

NP Rights Of Way 21st Aug 2006 21/8/06 - a public right of way footpath Officer traverses/abuts the site of the proposed development.

If the proposed development directly and permanently affects the route of the footpath a public path diversion or extinguishment order will be necessary. Enquiries should be made of the right of way section as soon as possible as the footpath will usually have to be diverted before development can commence.

NP Rural Practice Considers the TPO to relate to a group order Surveyor however cannot access the map.

Environment Agency 22nd Aug 2006 22/8/06 - Standard advice applies Wales

Dwr Cymru Welsh 22nd Nov Comments - Welsh Water would request that if the Water 2007 BBNPA are minded to grant planning consent for this proposal and would recommend conditions be imposed in relation to the provision of sewerage facilities for this site, this would require further details to be submitted. Objects to this proposal as considers it premature without the provision of necessary works for the supply of water to this site.

Ramblers Association No response received Monmouthshire

British Horse Society No response received

Crucorney 6th Sep 2006 6/9/06 - next meeting hold on 19th September. Community Council

Page 5 of 147 18-10-06 - Faxed Comments - supports the concept of low cost housing but not at this site because of issues associated with access, services and visual impact.

19-10-06 - Hard Copy Comments - reiteration of above.

British Horse Society No response received

CAIR Monmouthshire 7th Apr 2008 Reiterate previous comments, maintain objection. Disablement Association

Dwr Cymru Welsh 27th May 2008 Comments, prior to being in a position to remove Water (Hyder objections to this proposal, a water model Consulting) assessment would be required. The conclusion of this assessment will determine the nature of the works required.

Environment Agency 28th Jan 2008 No objection, standard advice applies. Wales

Monmouthshire 28th Jan 2009 Confirms that a housing need exists and extend of County Council site knowledge Housing

Open Spaces Society

Ramblers Association No comments received Monmouthshire

Crucorney 7th Apr 2008 Comments - provision of a STAMS report issued by Community Council Welsh Water concerning sewerage incidents within the Crucorney area.

Environment Agency 12th Nov 2007 No objection standard advice applies Wales

Dwr Cymru Welsh 22nd Nov Comments - Welsh Water would request that if the Water 2007 BBNPA are minded to grant planning consent for this proposal and would recommend conditions be imposed in relation to the provision of sewerage facilities for this site, this would require further details to be submitted. Objects to this proposal as

Page 6 of 147 considers it premature without the provision of necessary works for the supply of water to this site.

Rural Housing Enabler 28th Jan 2009 As an independent Rural Housing Enabler working on behalf of community councils and residents to assist in the development of affordable housing for local people and following your request to comment on how much weight should be given to the housing needs survey for the Crucorney Area. The figures for affordable housing are suggested as reasonable and are reliably confident that an affordable housing need still exists in the community council area.

5/3/2009 - Not had chance to review the original survey as yet, but after meeting with neighbouring RHE who works in Hereford and who has just undertaken a housing needs survey in Longtown Parish, which is adjacent to Crucorney. The need in that parish, even though it is smaller than Crucorney, was 51, and bearing in mind that there are very many similarities between the two areas, considers this emphasises that affordable housing need is more acute now than ever.

It should be noted that in England, where RHEs have been working since 1990, whenever a follow-up survey is undertaken, usually about 6 years after the previous one, all recently completed surveys have shown significant increases in housing need.

Due to meet with Jocelyn Davies the Deputy Minister for Housing to discuss evidencing housing need and also to highlight some of the barriers to rural affordable housing development. She has agreed to come and spend some time in order to experience experience the issues first hand.

Dwr Cymru Welsh 9th Mar 2009 The developer has recently paid for a water Water (Hyder modelling assessment to be carried out, based on Consulting) the outcome of this assessment Dwr Cymru are now in a position to remove their objection to clean water supply and revise the comments made. Dwr Cymru would request that if the authority are minded to permit recommended conditions are attached.

Page 7 of 147

Crucorney 2nd Apr 2009 Reiterates all previous comments. Community Council

Crucorney 19th Nov 2008 Comments - considers the housing needs survey to Community Council now be invalid due to its age

Open Spaces Society 26th Sep 2006 26/9/06 - Objects to this proposal. Considers that they should receive all relevant documents relating to a planning application, does not make a site visit at the planning stage. Considers given the limited detail supplied that the application is for an outline application and draws the authority's attention to WO circular 5/93 and 16/94. Considers the level of information provided does not allow for an assessment of the likely impact upon the ROW.

Monmouthshire 23rd Aug 2006 23/8/06 - Acknowledged receipt of consultation County Council identifies passed to Mrs Mustow for attention Highways 4/9/06 - Comments - No objections, recommends a turning facility and parking provisions in accord with South Wales Counties parking guidelines, visibility splays of 2.4m x 60m in either direction shall be provided, recommends that no surface water to drain onto county highway. Identifies that normal requirement on site of more than two dwellings that access shall be to an adoptable standard, however in this instance will not insist on this requirement. However it would not then be acceptable for it to be maintained at public expense.

18/9/06 - Comments - Offer the following response to supersede the previous comments. The highway must be constructed to adoptable standards with footways, turning area for refuse collection and emergency vehicles, access to comply with DDA. This layout requires amendments. Details of retaining structures at highway boundaries need to be submitted for approval, visibility splays of 4.5m x 70m must be provided, details of drainage proposals needed and contributions towards transport related facilities. Unable to support the current application as it does not comply with relevant guidance.

Page 8 of 147 Crucorney 14th Nov 2007 Comments - fully agrees to the concept of low-cost Community Council housing but finds that it cannot support this application in its present form because of continuing concerns/issues associated with access, services and the visual impact. Also concerned about the housing mix not matching local needs. Crucorney Community Council strongly objects to this planning application in its present form and requests the Brecon Beacons National Park Authority to ask the Housing Association and Milsom Architect to work with the Council to create an acceptable solution.

CAIR Monmouthshire 22nd Nov Comments - has not had a reply to their email Disablement 2007 requesting plans and access statement and a Association response to how their comments are handled by the BBNPA. Does not consider that the proposal complies with WAG's best practice. Disabled people could only realistically live in this area if they have access to a car. Consider that the proposed dwellings should be designed to accommodate for all and be flexible for future change in circumstances. Does not consider that any of the dwellings are suitable for disabled persons. Do not consider the layout arrangements of the development site to be acceptable for disabled access. Considers that the short right of way should be considered for disabled access.

23/11/07 - Hard copy of comments reiterate above.

15/1/2009 - Satisfied that the design of the dwellings and estate will meet the necessary requirements for lifelong living standards (BS 8300). Could not understand the concept of the footpath to the rear of Trehonddu, suggests that the alternative right of way along the existing footpath is considered instead for access.

Dwr Cymru Welsh 5th Feb 2008 No additional comments to make with regard the Water amendment from 11 dwellings to 8 dwellings, reiterate that previous comments apply.

4/3/08 - Reiterates previous comments.

Monmouthshire 11th Feb 2008 Comments - the concerns relating to pedestrian County Council access/egress of the site have been taken into

Page 9 of 147 Highways consideration and the amended proposal has been assessed as to highway standards for adoption. Pedestrians will have the benefit from several pedestrian links, an adoptable footpath and right of way. From a highway viewpoint they would support the proposal for 8 units at this location.

Crucorney 20th Feb 2008 Comments - questions the feasibility of the footpath Community Council along the rear of Trehonddu and the possibility of crime because of the new footpath. Suggests that there are more suitable sites within the area.

Heddlu Gwent Police 22nd Feb 2008 Comments that their guidance is based on Secure by Design. Identifies that as the properties are based on Welsh Assembly Pattern Book Design there are no comments. Suggests that amendments would be required for boundary treatments, lighting, signage etc. Suggests that ideally the footpath to the rear of Trehonddu should be removed, however as they understand that disabled access is required they draw the authorities attention to the guidance of secure by design in terms of the footpaths overall design.

NP Ecologist 12th Mar 2008 Comments - the site comprises arable and improved pasture surrounded by hedgerows, verges and mature trees. The latter will presumably retained and enhanced. M Williams has advised you as to the relevance or not of the Hedgerow Regulations here. Recommends landscaping incorporate elements of

NP Ecologist 20th Nov 2008 Comments received from the NPA Ecology note that the land affected by the proposed development is an existing arable set-aside field and in its present state it may support a greater number of species than a managed cereal field. However, it is also recognised that this is a temporary status and its return to arable production is not within the control of the NPA. Confirmation was sought as to the potential impact on the trees to the south-east of the site from the excavations work; this has been clarified as no proposed excavations work in this area. Officers of the NPA Ecology section suggest that the hedge can be translocated and if this method fails to recreate using the same species. Also recommends that there should be additional

Page 10 of 147 planting along the western boundary and a communal orchard.

Comments initially suggested that substantial additional planting should be sought along the western border of the site and to provide allotment space, however it is acknowledged that the topography of the land and maintenance may not allow this. With regard the habitat connectivity it is suggested that this can be achieved through a low maintenance scrub edge to development. This will provide additional landscaping which will appear more native to the area and a species corridor.

Monmouthshire 18th Jul 2007 18/7/07 - Provides site appraisal carried out for the County Council Llanfihangel Crucorney Area already carried out. Housing Identifies that the this site has been approved by the Welsh Assembly for a Social Housing Grant programme. Identifies that should this site not go ahead it will be a lost opportunity to provide eight much needed affordable units for the Crucorney area.

Crucorney 19th Jan 2009 Crucorney housing needs survey invalid; considers Community Council RHE has grossly inflated the numbers required; accept RHE's view that local hosing survey will have changed; disappointed and concerned with RHE's inaccurate and inadequate response, in particular the unsupported assertions regard housing need in the community; concerned at BBNPA failure to properly apply national and local policy for this case;

In addition the report fails to cover adequately the disabled access issues. Considers the disabled access to be unnecessary, illogical, unusable and unsafe. Considers footpath should follow a direct route to the facilities of Llanfihangel Crucorney; the gradients are too steep for disabled access without necessary break points; security issues to the residents by people using the proposed path; the real issue is that there are numerous superior sites within the Crucorney area considers that the applicant even after all this time has still failed to achieve a safe and sensible pedestrian and vehicle access point. Other sites within the area have better access, are flat and are less visually intrusive.

Page 11 of 147

CONTRIBUTORS Mary Evans, The Mill, Llanfihangel Crucorney Mr B Morgan, Berry Farm, Llanvihangel Crucorney A Betham, Sunnybank, Llanthony B Morgan, Berry Farm, Llanvihangel Crucorney Mr R Stow, Nant Y Felin, Llanvihangel Crucorney M Catley, 74 WernGifford, Pandy P H Evans, Lower Cottage, Llanfihangel Crucorney K Caswell And P Roper, Bridge Cottage S Bell, Nant-y-Felin, Llanfihangel Crucorney F M Lott, Tyllwyd, Llanfihangel Crucorney Mrs E Harris, BrynEnid Mr T Harris, Mardy House Mr And Mrs Williams, Maerdy Villa Mr And Mrs Webb, Ty Sophia, Llanvihangel Crucrney Dr I C Butler, Ty Hapus, Llanvihangel Crucrney Jean Girffiths, Crud Y Dail, Llanvihangel Crucrney Mr And Mrs G Rogers, 7 Trehonddu, Llanvihangel Crucrney P J Griffiths, 8 Trehonddu, Llanvihangel Crucrney Mr D Trevett, C/o Mrs V Trevett Mrs P Oliver, 16 Trehonddu, Llanvihangel Crucrney C J Mepham, Ty Cwm Hela Mrs S J Mepham, Ty Cwm Hela, Llanvihangel Crucorney Mr And Mrs Harris, Ty-Honddu Mrs E James, 2 Chapel Grove Mrs S Smith, 17 Werngifford P Jones, Gothlands Mr P Smith, 6 Chapel Grove, Llanvihangel Crucorney Barbara Morgan, Berry Farm, Llanvihangel Crucorney S Watkins, Little Peny Parc Millfield, Llanvihangel Crucorney Mrs Sara Smith, 17 Werngifford, Pandy W P Walkey, Swn-y-nant, Pen-y-bont C Evans, , E M Gallagher, Rhiwlas, Pen-yr-Ale Lane Mr G Fiddler, The Skirrid Inn, Llanfihangel Crucorney R L EVANS, 1 TREHONDDU, LLANFIHANGEL CRUCORNEY Mr D Wright, The Wiral, Llanthony B Erskine, The Old Vicarage, Llanvihangel Crucorney D B And G G James, Twr Mihangel, Llanfihangel Crucornau Joseph W Wilson, 66 Queen's Crescent,, West Kentish Town, M Catley, Rosewood House, Twyn-y-Sheriff

Page 12 of 147 NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

Comments from Crucorney Community Council consider that the officer report is biased, unbalanced and inadequate, through a series of critical omissions and selective reporting which serve to undermine legitimate policy objections. This objection focuses on 5 key areas which the report is considered not to have covered: 1. The objection to development at this site, objection further suggests that if the BBNPA had listened to this that affordable housing could now be delivered within the area on more suitable sites. 2. All requests to work with the Community Council to find a more appropriate site have been refused or ignored, considers that the site appraisal submitted by Shirley Wiggam of Monmouthshire CC invalid as not produced with Crucorney Community Council. 3. The Environment Agency flooding issues with the Wern Gifford site were removed in April 2007, this is omitted from the officer report. 4. BBNPA has followed a totally inconsistent approach in Crucorney when compared to the approach followed in the Vale of Grwyney. 5. Monmouthshire CC site appraisal is invalid in terms of policy Es30 because it excludes all site outside the National Park boundary but inside Crucorney Community and it falsely represents the nature of the proposed site. Considers the false representation to include that the appraisal fails to show the degree of access requirements and new paved footpath

Comments received from Brecon Beacons Park Society express concerns that the officers report suggest a favourable view to the development other than the issues raised regard the water supply, despite many legitimate objections. The Society are anxious that this development does not go forward for approval should this single reason for refusal be overcome. The local needs survey is contended as out of date, consider that it has not been shown that there are no alternative sites and that there are a number of sites within the area which are more suitable. Consider the proposed path does not comply with DDA requirements and would be a major intrusion in the park landscape. Considers that the conservation of the Park outweighs the social and economic wellbeing of the community. Suggests that as the Community Council do not feel that their concerns are being listened to and in order to avoid another case where the local community feels let down by the Planning Authority that the application is not only refused but that the planning department is instructed to work with the local council in order to find the right solution for affordable housing within the area.

Comments received from the Campaign for the Protection of Rural Wales (CPRW) – suggest concern over the way that the case has been dealt with and seek assurances that the case has been rigorously scrutinised for quality control at the highest possible level.

Comments received from CPRW on the 27/1/09 – Draws attention to the ongoing affordable housing case which has received strenuous and articulate opposition from members of the public, democratically elected representatives on the Community Council and other bodies. Considers that applicant should have entered into

Page 13 of 147 negotiations with the Community Council to find a final solution for affordable housing within the area. Consider the housing association is hell bent on pushing the application through and forcing it on the community despite it non-compliance with policy, a waste of public money.

Responses

The following is a summary of the objections and support that have been received by this Authority in relation to this case:

Issues raised

Landscaping details supplied inaccurate, dispute over ownership details, reduction in numbers does not lessen the objection, affordable housing needs to be considered as a whole within the area looking at both inside and outside the park.

Accepts principle of affordable housing when need is established must be in consultation with community at large and not just community council about siting and design, does not consider this has happened, request that all stakeholders including the community get together to resolve with a proper solution rather than a hurried one.

Consider that Crucorney Community Council have not assessed enough sites in leading up to this site and have not consulted with the public. Relates to the meeting at Pandy and the concerns raised by local people regards the access and infrastructure. Recalls Community Council objections on principle of highway safety, inadequate infrastructure and visual intrusion, CPRW endorses these views.

Considered guidance on Affordable Housing ie ES30 make the following comments based on the flow chart:

Disputes survey, requests another one to be carried out. Considers that a proportion of the affordable houses for the area can be accommodated on the nearby Penydre site, considers that the NPA have missed an opportunity to insist on higher numbers on this site. Quotes the Sandford principle as to why other sites outside the National Park should be considered first.

Disputes that this is a logical extension and identifies what it considers to be a logical extension, within the white land. Concerned if mains water will be sufficient to cater for all these extra dwellings. Concerned over mains electricity supply. The existing mains drainage would be unable to cope with additional dwellings connected to it. Suggests that land should be acquired by compulsory purchase order to form access or building on it to the south of the site.

Considers proposal a visual intrusion in landscape, light pollution, also unsustainable.

Do not consider amended plans to resolve highway safety situation. Does not consider

Page 14 of 147 the expense of creating such a highway to be acceptable or compliant with WAG policies on sustainability. Comments on details of the drawings – does not show how surface water will be dealt with, concerned that details show inadequate methods of surface water drainage, suggests that details indicate that all water will be drained onto highway, suggests that adjacent cottage could be liable to flood from massive runoff of this site. Does not consider an access statement has been supplied

No pedestrian access along adjacent highway, considers highway to be very dangerous for pedestrians. No pedestrian access along proposed vehicular access which will present further hazards to users. The access road is too steep for wheel chair users and prams and would be unacceptable in terms of highway safety. New proposed footpaths do not go anywhere and are a waste of public money. Considers the foot path is shown incorrectly on the plans. Considers style inappropriate and gate to be more acceptable, should be a hand rail to the foot path steps, requests that the Local Access Forum is consulted on all access details to this site.

Considers the site has conservation value, would be an unacceptable impact on the hedgerow and woodland fringe, considers additional landscaping and habitat connectivity to be detrimental to amenity of neighbouring properties, proposed cut and fill would be unacceptable to create plateau for houses to go on; impact on public footpath; impact of tarmac pathway on environment.

Quotes NERC Act 2006, identifies that applicant has not addressed this area. Vision splay involves the removal of the hedge, identifies that this may be permitted work within regulation 6(1)(c) Hedgerow Regulations 1997, considers such a loss is objectionable in landscape and biodiversity terms. Quotes policy ES11 loss of agricultural land, should not be built on.

Does not consider that the proposal meets the requirements of the flow chart (affordable housing guidance note). Objects on layout and landscaping grounds, loss of hedge unacceptable, who is responsible for the proposed landscaping and fences, details of fences should be provided. Objects to the design, understood housing needs survey required 1 & 2 bedroom houses.

Considers no vernacular tradition in this area of horizontal timber cladding, considers this detail not in keeping, consider rendering more sustainable and acceptable, and how are properties to be heated.

Concern that footpath to rear of site will lead to anti-social behaviour, drink, drugs and abusive language, seeks guarantees that security of people put first. Loss of views, visual impact, site of scientific interest, access is poor, no mention within plan for development of this site, lack of facilities within the area i.e. PO, doctors, increased traffic movements would have pollution impact and traffic safety, brown field land preferred option, light pollution, site topography does not offer ease of construction.

Page 15 of 147 Letter of objection – issues raised – Notes that site notices were not erected until 16th Nov and letters were dated 2nd Nov. Insists that correct procedures and policies be followed in achieving the goal of affordable housing for this area, considers that no consultation has been carried out with all stakeholders on choice of sites which would breach policy ES30, considers members of the community totally excluded from consultation, challenges that this proposal does not address the conclusion of the local housing needs survey, considers the management of this application to be a fiasco, considers that established protocols are being abused, ignored and distorted to suit the minority while ignoring all other possibilities to the detriment of the community, unlike that carried out in surrounding communities. Identifies that Community Council requested opportunity to sit down with all parties to create an acceptable solution, hopes that BBNPA takes serious notice of this request by the elected representatives of the community. Requests that BBNPA take lead on this project and insist on all parties coming together to discuss other sites. Refers to meeting with B Eacock where assurance was given that alternative sites would be assessed within the National Park and outside, needed to be convinced that this development could not be placed within the park before first considered outside.

Argument switches to the site history and the fact that two previous dwellings were refused here, referring to the appeal decision as well. Considers that this development would place houses on an unsympathetic and inappropriate artificial and raised plateau in open countryside, which does not relate to the settlement pattern and would be out of character with the existing environment. Also a loss of good grade agricultural land. Challenges the economic viability of this site and suggests that the NPA should be establishing the implications in both financial and sustainable feasibility.

The path makes pedestrian access far too long and steep and negotiations should be entered into with the owners of the right of way to provide an alternative access.

Notes Asbri Planning’s correspondence with regards sewerage issues, raises point that sewerage issues have been longstanding prior to this application, considers that even is treatment plant is capable of dealing with increase waste the pipe network is not. Suggests Dwr Cymru’s latest response to be possibly flawed, asks question has the seasonal increase in tourist traffic been taken into consideration in Dwr Cymru’s calculations of the foul water network. Requests that these comments are emphasized with Dwr Cymru and clarification sought that they have been taken into account prior to going before committee.

For Dwr Cymru to now withdraw their objection to this application begs the question as to why they raised concerns in the first place. For them to have objected to a new development on the grounds of insufficient water pressure, their objections must have been based on past experience and problems encountered with their network. Suggests questions need to be asked of Dwr Cymru of the modelling assessment and did the assessment take into consideration all other additional pressures to the system.

Page 16 of 147 Raises concern over the path diversion and proposed steps and stile that would be required.

Considers application to be invalid as suggests that red line incorporates land not within applicants ownership.

Does not consider the proposed access route behind Trehonddu to be acceptable in standards to meet Disabled Discrimination Act (DDA) requirements or Building Regulations, suggests that proposed level ramps will impact upon the overall gradients. Reiterate previous objections to the proposed access. Suggests this application fails to meet the Regulatory Code standard and that the BBNPA must not be seen to support this. Suggests security to Trehonddu residents and the use of public open space is impacted upon. Concern expressed at the impact on OAP's living adjacent to the site in sheltered housing. Cost of works unviable.

Loss of views to countryside from Trehonddu due to the proposed landscaping and new dwellings unacceptable. Suggests that root systems of the trees will impact upon their amenity space and that leaves will be blown onto their property, requires if proposal is to be approved this element is redesigned. However requests that application be refused on the grounds raised. Proposed landscaping is merely cosmetic.

Suggests provision of four houses at Penydre site to be adequate for the area, the cumulative impact of this housing in association with the housing that has been erected over the last 30 years to be detrimental to the villages character.

Letters of support

Petition of 18 names in favour of this proposal, people are against these houses as they want to stay private, give other families the opportunity to live here and stop being selfish, locality is a wonderful place for children, village needs these houses, seeking approval for proposal to support those in need of such development to stay within the area.

Identifies they were involved in the Community Council for last eight years which covered this period of conception for affordable homes in Llanfihangel Crucorney area and resigned after the Council withdrew support for this project, worked closely with RHE over period of three years in developing this project. Considers some objections are made out of self interest rather than for the good of the community. Identifies that it has been five years since the result of the housing survey and the first consultations with the public and considers that it is time to progress this application through to completion.

In today's uncertain financial climate these homes are even more of a necessity for all age groups within the Community. Supports application suggests many local people would benefit from such a housing scheme. Desperate for a home to rent in order that they can remain within the area for their work.

Page 17 of 147

RELEVANT POLICIES

G3: “Development in the National Park” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) ES30: “Affordable Housing Outside Dvpt Limits” (Unitary Development Plan 2007) G4: “Development Affecting Trees” (Unitary Development Plan 2007) Q4: “Protected and Important Wild Species” (Unitary Development Plan 2007) Q5: “Biodiversity and Development” (Unitary Development Plan 2007) Q11: “Sites of Archaeological Importance” (Unitary Development Plan 2007) Q21: “Rights of Way and Long Distance Routes” (Unitary Development Plan 2007) ES11: “Protection of Agricultural Land” (Unitary Development Plan 2007) ES28: “Provision of Open Space in Housing Sites” (Unitary Development Plan 2007) ES39: “Boundary Features” (Unitary Development Plan 2007) ES47: “Water Sewage Supply New Developments” (Unitary Development Plan 2007) ES48: “Use of Non Mains Sewerage Solutions” (Unitary Development Plan 2007) H3: “Reducing the Risk of Flooding” (Unitary Development Plan 2007) LPG1: “Conformity.” (Local Plan 1999) LPG2: “Allocation of Land for development.” (Local Plan 1999) LPG3: “Development in the National Park.” (Local Plan 1999) LPG6: “Development in the National Park.” (Local Plan 1999) LPG7: “Design and energy conservation.” (Local Plan 1999) LPG8: “Accessibility and safety.” (Local Plan 1999) LPG11: “Development and flood risks.” (Local Plan 1999) LPCL7: “Wildlife and landforms.” (Local Plan 1999) LPCL9: “Archaeology and cultural features.” (Local Plan 1999) LPCB10: “Open space in settlements.” (Local Plan 1999) LPH5: “Affordable housing.” (Local Plan 1999) LPAG1: “The protection of agricultural land” (Local Plan 1999) LPR6: “Estate roads and access to properties.” (Local Plan 1999)

PLANNING HISTORY App Ref Description Decision Date

M10349 Outline application for two Refuse 08.09.1989 dwellings. (Revised Application)

K9878 Outline planning permission for Refuse 13.01.1989 erection of two detached dwellings

OFFICER’S REPORT

This application was originally on the agenda for the 27th January, 2009 PAROW meeting but was withdrawn from the agenda following the receipt of a number of late representations and to allow time to review the report.

Page 18 of 147

Site description

The site lies on the edge of the development boundary of Llanfihangel Crucorney and is considered countryside as defined in the Brecon Beacons National Park Unitary Development Plan (UDP) and the Local Plan (LP, 1999). Within Crucorney Community, Llanfihangel Crucorney is the main village within the Park. It stands above the Honddu at the southern entrance to the Llanthony Valley.

The site is part of an agricultural field. A selection of trees, some protected by a tree preservation order (TPO’s), line the southern boundary of the site. To the north/north east of the site is situated an existing residential estate, to the south/south west of the site are detached residential units, to the northwest is agricultural land. The site is visible as you enter the village from the northwest (Pen-y-bont), the land adjacent to the Afon Honddu being level slopes up (Skirrid Pitch) to the main road through the village. The village then slopes down towards the southeast and the adjacent highway (A465). The site would be visible from surrounding vantage points although it will be back- dropped by the surrounding dwellings and tree line within the village.

The style and quality of existing residential units varies from listed buildings to post war local authority housing. The use of materials utilised for existing structures also varies from predominantly stone along the main road through to render on the ex-local authority estate adjoining the site.

The A465 is a busy through route of the area which connects to the nearby market town of Abergavenny. Llanfihangel Crucorney has existing facilities such as a public house, a garage with shop and bus stops. To the northeast is Werngifford which has a school and further north is Pandy which again has additional facilities. Llanfihangel Crucorney is identified as a second tier settlement within the UDP’s settlement hierarchy.

Proposal

The current proposal is for eight affordable houses with associated infrastructure submitted by Melin Homes Ltd a registered social landlord (RSL). The proposal will involve some cut and fill to create a level area for the dwellings, the creation of a new access to the southwest of the site and a surfaced footpath running to the north/northeast of the site for disabled access. In order to create this development an existing right of way would require a diversion, although this would still be maintained running through this field.

The original application sought planning permission for eleven affordable units; however this number was reduced through negotiation when more affordable units were granted under outline on a nearby site within the Llanfihangel Crucorney development boundary.

Page 19 of 147 The site the subject of this application is outside the development boundary of Llanfihangel Crucorney in both the Unitary Development Plan and the Local Plan (1999) and would therefore not be considered acceptable for general needs housing. However, as a site for affordable housing (defined under policy ES30 of the BBNPA UDP and policy H5 of the LP) it is considered that it can be viewed as an exception to planning policy (as defined under policy ES30 of the Brecon Beacons National Park Unitary Development Plan and policy H5 of the Local Plan) being immediately adjacent to the existing development boundary.

Issues of the Case

The main issues are: • is the principle of this type of development acceptable here and is there a recognised need for affordable housing in the area; • will the proposal have a detrimental impact on the amenity of neighbouring properties; • will the proposal have a harmful impact upon the character of the landscape and village; • will there be an unacceptable loss of good quality agricultural land; • will the proposal have a detrimental impact on highway safety; • does the proposal provide adequate disabled access; • will the proposal create a detrimental impact upon protected species and biodiversity; will the proposal have a detrimental impact upon the sewage system and water supply.

Appraisal

Whilst the Local Plan remains the formal statutory policy framework for the area, the Authority Approved UDP provides a more up to date and relevant planning framework. The UDP may not have been formally adopted but it has been subject to all the statutory consultation and procedures required for development plans. It is for this reason that the NPA has determined to afford greater weight to the UDP in the determination of planning applications than the Adopted Local Plan of 1999.

This application has been assessed against policies G3, G4, G6, Q4, Q5, Q11, Q21, ES11, ES28, ES30, ES39, ES47 and ES48 of the Brecon Beacons National Park Authority Unitary Development Plan and policies G1, G2, G3, G6, G7, G8, G11, CL7 Cl9 CB10, H5, AG1 and R6 of the BBNPA Local Plan (adopted 1999).

In recommending this application, the Authority has taken into consideration the relevant policies of the appropriate Development Plans and the comments made by the consultees and other interested parties and the following national guidance:

Planning Policy Wales (PPW, 2002) Ministerial Interim Planning Policy Statement 01/2006 – Housing (2006) Wales Transport Strategy – Connecting Wales

Page 20 of 147 Secured by Design Principles – 2004 version Technical Advice Note 1 (TAN 1) – Joint housing land availability studies (2006) Technical Advice Note 2 (TAN 2) – Planning and affordable housing (2006) Technical Advice Note 6 (TAN 6) – Agriculture and Rural Development (2000)

Planning History

Part of the site is the subject of previous planning applications. To the southwest of Crud-y-dail two previous applications (M9878 and M10349) were submitted which sought permission for two dwellings.

Application M9878 was refused on four grounds, namely the proposal was contrary to existing policy at that time and did not consist of limited infill within the village, access was not adequate, development could not be served by overloaded sewage treatment works, such a proposal if approved would extend the built environment into countryside to the detriment of the character and appearance of this area.

Application M10349 was also refused on four grounds, as per M9078 although the sewage reason was no longer used however it was considered that an approval here would set a precedent for further development in the countryside.

Application M10349 was the subject of an appeal where the Planning Inspectorate considered that such development was not considered infill, the site within an agricultural boundary is manifestly open countryside on the edge of the village and to allow two dwellings here would create an extension of the village into countryside. This would fail to enhance or preserve the rural character of the area and would not only breach but undermine planning policy which seeks to contain development within village boundaries. The appeal was therefore dismissed.

Objections have referenced the above applications and have suggested that the current proposal should not be considered acceptable on the same principle. However, the applications for determination under the above cases were made by private individuals and were not recognised as fundamentally for affordable housing. These proposals were considered as new development in the countryside and as such were considered contrary to local, regional and national policy.

Constraints

The Brecon Beacons National Park Local Plan (adopted May 1999) hereby referred to as the Local Plan, historically identifies the site as beyond the settlement development boundary.

The Local Plan, as referenced in letters objecting to this proposal, identifies land either side the B4423 which runs down to Pen-y-bont from Llanfihangel Crucorney as important open space. This categorisation has been removed from the current Unitary Development Plan. The proposed access to the site crosses this strip of land in order

Page 21 of 147 to create an access from the proposal site to the B4423.

A constraint’s check is run on all applications in order to identify possible restrictions to development of a site. The check on this site has identified that it falls within the buffer zone of a Status 3 Archaeological Site; there are trees with Tree Preservation Orders (TPO) adjacent to the site and a Right of Way (ROW) footpath crosses the site.

Objectors have suggested that the site is an important open space as per the Local Plan and that it is a site of special scientific interest (glacial moraine). Neither of these constraints has been identified within the check on this site and the allocation of important open space has been removed from the Unitary Development Plan.

No adverse comments have been received from the National Parks ROW Officer or other statutory consultees such as the Ramblers Association or British Horse Society relating to the Right of Way. However the Open Spaces Society have objected identifying that ROW’s should not be diverted along estate roads, should be wide and open landscaped, overlooked and lit at night, corridors through high fences should be avoided.

The proposed diverted path and proposed new path will be designed with this in mind. The ROW detail is now clearly included within the application forms and details, whilst it would be required to be diverted this would be covered by separate legislation. The proposal would therefore be considered compliant with policy ES21.

The Status 3 Archaeological site refers to the dwelling Twr Mihangel nearby. The site referred to is a Victorian Tower erroneously identified as medieval. The site is of a sufficient distance from this feature and as identified by the National Parks Conservation Officer cannot be read in conjunction within the landscape and would therefore not affect its setting. As the proposed development does not impact upon the archaeological interest policy Q11 bears no weight on this proposal.

The adjacent trees (covered by TPO’s) will not be unduly affected by this development; however this is dealt with in more detail later in this report. The proposal is therefore considered to accord with Policy G4 relating to development affecting trees.

Housing Requirement

Policy ES30 provides for affordable housing sites outside of settlement development limits, exceptionally where, amongst other criteria, a proven need has been established.

A housing needs survey was carried out in the Crucorney area and the results published in May 2003. The Crucorney area achieved a response rate of 30%, the results of the survey identified that a scheme of around 12 affordable houses would be required within the Crucorney area over the following five years from the date of the survey.

The survey identifies that any local scheme should provide predominantly one and two

Page 22 of 147 bedroom accommodation. Objectors have raised issue with the proposal as it stands claiming that the requirements do not match what is offered here. The proposal offers 50% of the dwellings to be two bedrooms and the other 50% to be three bedroom dwellings. The scheme therefore fundamentally offers a high level of two bedroom units in line with the identified need.

Officers consider that the provision of three bedroom units here would positively add to the range of affordable housing options within the area attracting families to stay where they might have otherwise had to move away from the area.

Comments have also been received from the Community Council suggesting that the housing needs survey is out of date and should be considered invalid. Subsequent comments received from the current Rural Housing Enabler have confirmed that whilst the figures quoted within the survey will have changed it is still the most up to date evidence available and bearing in mind the changes to the housing market since then, there is no doubt that an affordable housing need still exists within the area.

Officers are therefore satisfied that the survey constitutes clear evidence of the affordable housing requirement within the Crucorney area.

Impact on neighbours

Policy G3 (v) (x) aims to ensure that new development does not have a detrimental impact upon the amenity of an area, adjacent properties or the general public.

There are residential properties to the northeast, southeast and south which are directly adjacent to the site.

The dwellings to the southeast of the site are at a higher level than the proposed buildings. In addition a former tramway with mature trees (some of which are protected through Tree Preservation Order’s) forms a barrier between this field and the existing dwellings. The dwellings to the south and northeast of the site are at a similar level or set at a slightly lower level.

Objections have been raised against this proposal from members of the local community regarding the potential impact on their dwellings.

The loss of views by existing properties and the loss of property value have been raised as objections. Whilst it is considered that the proposal would lead to the loss of views of some of the existing dwellings this is not a material planning consideration and would not support a recommendation for refusal. The potential effect on property values is also not a material planning consideration.

Overlooking and loss of privacy are other issues raised by objectors. House types 1 and 2 have windows in elevations that face towards the Trehonddu cul-de-sac, the nearest of which is approximately 33 metres away. Number 8 Trehonddu has its rear elevation

Page 23 of 147 and garden facing the proposed development. The rear boundary of this property to the boundary of the house types 1 and 2 is approximately 27 metres apart and the distance between the rear elevation and rear elevation is approximately 45 metres apart. The distance between number 16 Trehonddu (gable elevation) and the rear elevation of house types 1 and 2 is approximately 34 metres. The distance between Crud y dail and House types 1 and 2 is approximately 33 metres, Crud y dail would be sited at approximately the same level or even slightly higher than this development.

House types 3 to 8 have rear elevations facing the rear of the properties to the south/southeast of the site. These proposed houses will be set at approximately 3 metres below these existing dwellings and over 22 metres horizontally away. Between the rear of the existing and proposed properties is an area of land consisting of a former tramway and existing mature trees which provide a physical barrier between existing and proposed dwellings.

House number 8 is the closest to Brynenid to the south/southwest of the site. The proposed gable elevation, which has non-habitable fenestration (serving landing and hallway), is over 38 metres away from the rear elevation of this property. It is generally accepted that a distance of 21 metres between habitable rooms is an acceptable standard to protect the residential amenities of existing and future occupiers.

These dimensions are considered a guide and in some situations, for example where elevations are at oblique angles and different levels, can be reduced. As the proposal offers distances in excess of the minimum standard, officers do not consider that there is a significant detrimental impact of overlooking from the proposed dwellings or associated garden space.

Landscaping is proposed as part of this scheme in order to soften the transition between the development and the agricultural field. A landscape corridor with indigenous/native species will be provided along the northern boundary of the site and an informal orchard area is proposed near the entrance into the site. The inclusion of trees, hedges and shrubbery will add to the current biodiversity of the area and will also screen any perceived overlooking.

Light pollution by proposed lighting columns and the dwellings themselves has been raised as an issue. The applicant has confirmed that they will provide directional and/or cowled street lighting to prevent light spill towards the new landscaping and existing bat flight corridors. These features will be controlled by condition. Therefore, it is considered that the level of lighting against the backdrop of existing residential units and existing street lighting would not have such a significant negative impact as to warrant a refusal in this instance.

Noise pollution through the construction of the proposed development would only be for a limited period and will be conditioned not to be carried out at unreasonable or unsociable hours.

Page 24 of 147 The proposed footpath/disabled access to the rear of Trehonddu cul-de-sac has raised concern as residents perceive a threat from potential vandals, light pollution and also consider that their privacy will be affected.

The proposed path will be at field level which is set lower than the rear gardens of these properties and indeed the ground floor level of the existing dwellings. The proposed plans indicate a boarded fence between the rear of these properties and the proposed path. Lighting will be low level bollards with illumination reflecting down onto the path.

Officers consider that there would not be a detrimental impact on the privacy of neighbouring dwellings. Lighting would be low level along this path which it is suggested would not significantly impact upon neighbouring properties. In light of the concerns raised by CAIR and local residents about the footpath link, revised plans have been received which indicate the provision of passing places at regular intervals together with rest points. There is no reason to believe that the footpath will be the subject of vandalism - the Gwent Police Architectural Liaison Officer for community safety has confirmed that the incident level for the area is extremely low.

Officers therefore do not consider that the proposals will have a significant detrimental adverse effect on the amenity of the area, adjacent properties or the general public and consider the proposal to comply with policy G3 (v) (x) of the UDP.

Impact on character and appearance of the area

Policy G3 (i) (iii) (iv) aims to ensure that proposed development will not have an adverse impact upon the beauty of the National Park, is appropriate to its surroundings and is integrated into the landscape through appropriate planting. Policy G6 (ii) expects proposed development to sustain and enhance character and townscape. Policy G4 aims to ensure that where development is proposed that may affect existing trees, that are considered important, the trees and root systems will be retained and adequately protected prior to, during and after development takes place.

Concern has been raised at the impact this proposal would have on the character of this area. Previous cases have been refused on this site as they have been considered to have a negative impact on the character and on policy grounds.

The proposed works will have a minimal impact on the rural character of this area. However, the design has been developed through extensive negotiations with officers of the National Park Authority to arrive at the current design. The scheme when taken in context with the existing styles of the village is considered acceptable for this area.

The proposed materials are to be either rendered or cedar clad walls, composite slate roofs, painted timber doors and windows and metal rainwater goods. There is a mixture of materials used on the buildings within the village, ranging from painted render on Trehonddu cul-de-sac and on individual dwellings to the southwest of the site to stone dwellings to the south and along the main road through the village.

Page 25 of 147 These mixtures equally apply to roof materials (concrete tile to natural slate) and frames (uPVC to timber). To the far south east of the site are some existing former agricultural structures which have been converted to accommodation constructed from stone with timber cladding.

It is considered that the proposed materials reflect existing house styles within the village and utilise a natural resource (timber) to soften the proposed hard surfaces of the buildings. Officers consider that the range of materials existing within the village would allow for the proposed materials identified for this development.

The proposal was originally for 11 dwellings but this has now been reduced to 8 due to the potential provision of further affordable housing on another site within the village. This reduction in density will have an added benefit of reducing the impact of the proposal on the landscape.

Objections have been received over the proposed loss of mature hedgerow in order to provide access and visibility to the site. From the plans it is ascertained that approximately 68 metres of hedgerow will be affected through the provision of a new access point. However, this will be predominantly achieved through the translocation of the existing hedge in a new position at the rear of the required visibility splays, leaving only a seven-metre gap for the proposed access road. This complies with policy ES39 of the UDP which requires such boundary features to be retained as far as possible or recreated where visibility splays for new accesses require. As such and with due regard to the provision of new hedgerow it is considered that this element would not have a significant detrimental impact on the landscape in this instance.

Amendments have recently been submitted and reconsulted on with regard this development relating to landscaping, and the protection of the root systems of the neighbouring trees. Further to the details received comments have been received from the NPA Conservation Officer and a recognised Arboricultural Consultant who have confirmed that details submitted provide sufficient root protection area. Further detail such as protective fencing and detailed species can be clarified by condition.

Comments have been received from objectors who have stated that alternative sites should be considered prior to this site on the principle of the National Park Status.

The National Parks primary priority is to conserve and enhance its natural beauty, wildlife and cultural heritage. However at times development is inevitable for the future safeguard of rural communities both economically and socially. This proposal forms part of the social and economic development of the urban fabric of this part of the park. It is therefore considered that the provision of affordable housing overrides the potential detrimental impact to the landscape in this instance.

With due regard to the established need for affordable housing, if this application is approved it is considered that this outweighs the minimal harm this development would have on the rural character of the area in this instance. It is therefore considered that

Page 26 of 147 there is a demonstrable overriding need for development of this site.

Loss of agricultural land

Policy ES11 of the Unitary Development Plan (UDP) aims to ensure the protection of grade 3a (or better) agricultural land. Both PPW and the UDP state that planning permission will only be granted on high grade agricultural land of 3a or above where it is demonstrated that there is an overriding need for development on that site.

Objections consider this land to be high-grade agricultural land and the loss of such land through development should be avoided. Planning Policy Wales (PPW) states that, “in the case of agricultural land (grades 1, 2 and 3a) shall be conserved as a finite resource”.

The site is designated grade 3 land by the indicative agricultural land classification maps of England and Wales. Farming activities appear to be predominantly for the growing of crops over use for stock. The land slopes from the southern edge down to the northern part of the field adjacent to the river. It is considered that a proposal for affordable housing here outweighs the harm such a development would have relating to the minimal loss of agricultural land in this instance.

Vehicular Access and Parking

Policy G3 (vii) and (ix) of the BBNPA UDP aims to ensure that the proposed development is compatible with the National Park road hierarchy in that it is within the capacity of existing approach roads does not have an unacceptable impact upon traffic circulation or highway safety; and that adequate means of access and parking can be provided.

Concerns have been raised from local residents with regard to the access and the supporting highway. It has been identified that the road is very busy not only during the summer season by tourist vehicles but also by lorry haulage businesses, pedestrians, cyclists and horse riders. The Hay-on-Wye – Gospel Pass – Llanthony Valley route is a recognised tourist pressure route which is heavily used by recreational traffic.

The site is accessed via a single carriageway road which runs northwest along the Llanthony Valley. The highway also runs approximately south of the site, which joins with the main highway through Llanfihangel Crucorney. This joins to the A465, the main highway to Abergavenny and to Hereford. The length of carriageway from the access point of this site to the main road which runs through Llanfihangel Crucorney is approximately 100 metres. The length of carriageway, whilst a single highway, allows two vehicles to pass each other along its entire length.

Initially comments from the Local Highways Authority suggested that there were no objections with the proposal (originally for 11 dwellings). Recommended conditions were detailed within their response. Subsequently, another letter was received from the Highways Authority superseding the previous comments which objected to the

Page 27 of 147 proposal and alternative amendments were requested.

These concerns were expressed to the agent/applicant who consequently has been in negotiations with the highways authority in order to try and overcome issues with access to this site. Amendments have been carried out to the proposed scheme, including the reduction to eight dwellings, increased visibility splays, disabled/pedestrian access etc.

The Local Highways Authority has now indicated that their concerns relating to access/egress have been taken into consideration and the amended proposal has been assessed as being suitable for adoption. Pedestrians will have the benefit of several pedestrian links, an adoptable footpath and a diverted public right of way. From a highway point of view, there is support for this proposal and Officers consider that this proposal complies with relevant local and national policies.

Pedestrian Access

Policy G3 criteria (xi) and G6 (vi) of the UDP requires adequate consideration is given to those with limited mobility, for example wheelchair users, elderly people and people with young children in the design and layout of the development and ensuring adequate provision for people with disabilities with existing routes through inclusive design principles.

The disabled access group CAIR for the Monmouthshire area have expressed concern with the design of the proposed units and do not consider them to be suitable for disabled people. Concerns have also been expressed by the Community Council and local residents that the proposed access road does not offer safe pedestrian access (including disabled access). CAIR, the Community Council and local residents have also expressed concern on the disabled access to the properties along the proposed path behind Trehonddu cul-de-sac.

Additional details have been provided on the access behind Trehonddu. The plans now show the provision of passing places at regular intervals together with level rest points where necessary. The gradients provided are also acceptable for disabled access and have been confirmed by Monmouthshire County Council Highways department as meeting their requirements.

CAIR have been re-consulted with the amendments and recognise that such development is needed and long awaited for this area. They recognise that the proposed disabled access connects to the existing estate highway and that the path is well lit. They suggest that the route is too long and that no consideration has been given to the short length of right of way through the wooded area. However, the footpath through the wooded area is un-surfaced, narrow and impractical for access by wheelchairs, the infirm or pedestrians with prams. An added impediment to developing this route is the fact that the land is in third party ownership and any improvements would require the owners permission. The applicant has written to the owners to seek

Page 28 of 147 agreement to carry out works to upgrade this path, response has been received from the owners who do not agree to the works to upgrade the path for disabled access. With regard to the amended details to provide level break areas to allow for rests and passing for users, to the pedestrian access to the rear of Trehonddu, CAIR have been re-consulted and have not offered any further comments.

It has been established that to provide a pedestrian access along the existing highway would not be achievable therefore the proposed path has been suggested as the only alternative.

In conclusion it is considered that the proposal will provide an attractive, safe route which integrates with an existing right of way and meets the needs of all members of society. It is therefore considered that the proposal would be compliant with policy G3 and G6 of the UDP and relevant Local Plan policy.

Ecological impact

Policy G3 (i) (iv) and Q4 and Q5 aim to protect important wild species and habitats through preventing development where relevant or ensuring adequate mitigation is provided which protects and enhances the environment. This can involve using native plant species for positive enhancement of habitat features.

Objections received from local residents raise concern over the potential impact this proposal will have on protected species and their habitats and on the TPO’s to the rear of the site.

Comments received from the NPA Ecologist note that the land affected by the proposed development is an existing arable set-aside field and in its present state it may support a greater number of species than a managed cereal field. However, it is also recognised that this is a temporary status and its return to arable production is not within the control of the NPA. Confirmation was sought as to the potential impact on the trees to the south-east of the site from the excavations work; this has been clarified through the provision of a revised site layout plan that indicates a "no-cut" zone showing that there will be no change in levels near the trees. Officers of the NPA Ecology section suggested that the hedge can be translocated and that there should be additional planting along the western boundary together with a communal orchard. The latest landscaping proposals include a landscape corridor along the northern boundary, the open space area at the entrance into the site will be planted with apple trees and it has been confirmed that the existing hedge can be translocated at the rear of the required visibility splays.

Officers therefore do not consider that the proposals will have a significant adverse effect on the ecology and biodiversity of the area and are satisfied that enhancements and mitigation measures will be provided. As such, the proposal is considered to comply with policy G3 (i) (iv) and Q4 and Q5 of the Brecon Beacons National Park Unitary Development Plan.

Page 29 of 147

Utility facilities

Policy G3 (viii) aims to ensure that proposed development is supported by adequate existing services. Policy ES47 indicates that development will only be permitted if adequate water and sewerage infrastructure exists or can be provided without detriment to the local environment, where appropriate the NPA will impose a planning condition or obligation to ensure that adequate services are available. Policy ES48 indicates that non mains sewerage will only be permitted where connections to a public system are not available, ground conditions are suitable and will not give rise to pollution problems, and that the interests of public health and the environment will not be detrimentally affected.

Objections and concerns have been raised by local residents and the Community Council with regard the public sewerage system and water supply within the area. This has been supported by evidence from the Community Council whom have supplied documentation indicating blockage of the sewerage system from Dwr Cymru with the area.

This concern has been further highlighted through comments received from Dwr Cymru/Welsh Water who recommend conditions to be imposed to provide further detail for foul, surface and land drainage systems prior to the commencement of development.

Dwr Cymru/Welsh Water originally objected to this proposal on the basis of the public water supply to the area. It was identified that the water mains serving this area has a minimal head of pressure at peak times and as such Welsh Water consider this proposal premature until completion of the necessary water works to the public water supply system.

However, the developer has carried out a water modelling assessment to investigate the impact of this development and based on the outcome of this assessment, DC/WW have removed their objection to clean water supply and have provided revised comments. With regard to mains foul drainage there are drainage systems available which can facilitate developments of eight dwellings. Such systems have the capacity to treat polluted water to a degree that makes it safe for discharge straight to a water course whilst others would need to filtrate through soil. Officers are therefore satisfied that an acceptable foul drainage system can be provided through conditions, as suggested by Dwr Cymru/Welsh Water.

It is therefore considered that the proposal would accord with policies ES47 and G3 (viii).

Page 30 of 147 Conclusion

It has been suggested that other sites should be considered first including those beyond the National Park boundary and that this proposal has not followed procedures as set out in the flow chart relating to policy ES30 for enabling affordable housing outside development limits. The guidance referred to by objectors was adopted by the BBNPA in November 2006, some three months after the application was received and cannot be retrospectively applied to this application.

With regard to other sites it can debated that there may be other acceptable sites and some of these may come forward as exception sites in their own right in the medium to long term. However what has to be determined here is whether or not this proposal on this site currently before the Committee is acceptable as an exception site.

The mechanisms for identifying and taking forward exception sites for affordable housing is an evolutionary process, where procedures that are recognised as beneficial now may not have previously been in place, for example the Affordable Housing Guidance Note.

Supporting evidence provided by Monmouthshire County Council Strategy and Policy demonstrates that other sites were considered within the area. The information details communications between Crucorney Community Council, Monmouthshire CC, the then Rural Housing Enabler and the Registered Social Landlord dating back to November 2003, where the provision of affordable housing was presented to the Community Council. Subsequent meetings were then held and the Community Council formed an affordable housing sub-group in February 2004. In March 2004 a meeting was held to consider potential sites within the community and from this a site was identified at Wern Gifford which was publicised at Pandy Show in August 2004. However this was ultimately rejected due to Environment Agency issues over the floodplain. In October 2005 the current site was identified with the involvement of the Community Council sub-group who were to take it to their full Council meeting in October 2005. In November 2005 provisional discussions were then entered into with the Brecon Beacons National Park Authority for the potential provision of an exceptions site here. The application was submitted on the 20th July 2006.

The creation of eight new dwellings here will provide additional growth to the area, homes for local families who would fundamentally support the existing services and facilities within the area. It would provide homes for families who historically, currently and in the future would otherwise struggle to secure a home within this area. It would provide housing which has been identified as required within the 2003 housing needs survey for the area, a survey which has been confirmed by the Rural Housing Enable as still valid today.

In general the proposal is considered to comply with policy G3 and G6 of the UDP although it is recognised to have an impact on the rural setting here, however national, regional and local requirement for affordable housing is considered to be an overriding need for this development and as such outweighs the potential harm in this instance. As

Page 31 of 147 identified within PPW (2002) and MIPPS (2006) at paragraph 9.2.14 “a community’s need for affordable housing is a material planning consideration”

In making a recommendation on this application, the National Park Authority has taken into consideration the relevant policies of the Development Plan, Regional and National Planning Guidance and the comments made by the consultees and other interested parties.

RECOMMENDATION: Permit subject to Section 106 Agreement

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development hereby approved shall be carried out strictly in accordance with the approved plans (drawing nos. NP2v2 rcvd 4/9/2007, NP1v2, NP4v2, NP9v1 rcvd 28/11/2007, NP5v3 rcvd 20/12/2007, NP10v2, NP11v2 rcvd 17/3/3009 and NP8v3 rcvd 6/4/2009) and the schedule of materials indicated thereon, unless otherwise agreed in writing by the Local Planning Authority. 3 No development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 4 The hours during which working may take place shall be restricted to 8.00 am to 6.00 pm Mondays to Fridays and 8.00 am to 1.00 pm on Saturdays. There shall be no such working on Sundays, Bank or Public Holidays. 5 Prior to the commencement of the development details of the proposed foul and surface water drainage arrangements shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented before the first use of the building[s] hereby permitted. 6 There shall be no, direct or indirect, discharge of surface water to the public foul sewer. 7 Full details of the method of cowelling of the proposed street lighting shall be submitted to and approved in writing by the National Park Authority before the use hereby permitted commences. Development shall be carried out in accordance with the approved details and there shall be no other external illumination of the residential development. 8 Prior to the commencement of development a scheme for the provision of refuse storage shall be submitted to and approved in writing by the National Park Authority. The approved scheme shall be implemented prior to the first beneficial occupation of the development hereby permitted. 9 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary

Page 32 of 147 treatment shall be completed in accordance with a timetable to be agreed in writing with the Local Planning Authority. Development shall be carried out in accordance with the approved details 10 The landscaping scheme hereby as shown on the approved plan [No NP8 v 3] shall be carried out concurrently with the development hereby permitted and shall be completed no later than the first planting season following the completion of the development. The landscaping shall be maintained for a period of 5 years. During this time any trees, shrubs or other plants which are removed, die, or are seriously retarded shall be replaced during the next planting season with others of similar size and species unless the National Park Authority gives written consent to any variation. If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5 year maintenance period. 11 None of the existing trees and/or hedgerows on the site other than those specifically shown to be removed on the approved drawings shall be removed, destroyed, felled, lopped or pruned without the prior consent in writing of the Local Planning Authority. 12 Prior to the first occupation of any dwelling to which this permission relates an area for car parking shall be laid out within the curtilage of that property, in accordance with the approved plans which shall be properly consolidated, surfaced and drained, in accordance with details to be submitted to and approved in writing by the Local Planning Authority and those areas shall not thereafter be used for any other purpose than the parking of vehicles. 13 The development hereby permitted shall not be brought into use until the access, turning area and parking facilities shown on the approved plan have been properly consolidated, surfaced, drained and otherwise constructed in accordance with details to be submitted to and approved in writing by the Local Planning Authority and these areas shall thereafter be retained and kept available for those uses at all times. 14 Development shall not begin until an Order has been made to allow the existing public right of way crossing the application site to be diverted or stopped up.

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 and to protect the general character and amenities of the area. 3 To ensure that the materials harmonise with the surroundings. 4 To safeguard the amenities of the locality. 5 In order to ensure that satisfactory drainage arrangements are provided. 6 To safeguard the public sewerage system and reduce the risk of surcharge flooding. 7 To control the direction of the lighting and to limit the extent of light overspill affecting the adjoining wildlife corridors. 8 In the interests of amenity of the area

Page 33 of 147 9 In the interests of visual amenity and to ensure dwellings have satisfactory privacy. 10 To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment. 11 To safeguard the amenity of the area. 12 In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway. 13 In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway. 14 To ensure the public right of way is not obstructed.

Informative Notes:

1 Please refer to Environment Agency Standard Advice (enclosed) 2 A public right of way crosses the site of this permission. The permission does not authorise the stopping up or diversion of the right of way. The right of way may be stopped up or diverted by Order under Section 257 of the Town and Country Planning Act 1990 provided that the Order is made before the development is carried out. If the right of way is obstructed before the Order is made, the Order cannot proceed until the obstruction is removed. 3 This planning permission is pursuant to condition precedent conditions. Failure to comply with such conditions without obtaining written approval by the National Park Authority prior to the commencement of development works will render this planning permission invalid and formal enforcement action being taken to regularise the unauthorised development works. 4 The development to which this permission relates is the subject of an agreement under, inter alia, Section 106 of the Town and Country Planning Act 1990. This permission should be read in conjunction with that agreement. 5 The applicant is reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) to remove or work on any hedge where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built. It is also an offence to take or destroy an egg of any wild bird even where that is done pursuant to lawful authority or requirement if the taking or destroying could reasonably have been avoided in carrying out the prescribed or authorised work on the hedge. The applicant is further reminded that Part 1 of the Wildlife and Countryside Act 1981 sets out the statutory protection which is afforded to wild animals and plants. Some animals are also protected under their own legislation (for example the Protection of Badgers Act 1992). 6 The applicant is reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) to remove or work on any hedge where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built. It is also an offence to take or destroy an egg of any wild bird even where that is done pursuant to lawful authority or requirement if the taking or destroying could reasonably have been avoided in carrying out the prescribed or authorised work on the hedge. The

Page 34 of 147 applicant is further reminded that Part 1 of the Wildlife and Countryside Act 1981 sets out the statutory protection which is afforded to wild animals and plants. Some animals are also protected under their own legislation (for example the Protection of Badgers Act 1992). 7 The works shall be carried out in accordance with BS3998 recommended for works to trees, in the interest of good tree management.

Page 35 of 147

ITEM NUMBER: 2

APPLICATION NUMBER: 07/01001/REM APPLICANTS NAME(S): Eatonfields Homes Ltd SITE ADDRESS: Land Adjoining Rhoslan Cwmgarn Road Rhosaman GRID REF: E: 273287 N:213988 COMMUNITY: Quarter Bach DATE VALIDATED: 14 May 2007 DECISION DUE DATE: 13 August 2007 CASE OFFICER: Mr Jonathan James

PROPOSAL Residential development of 15 No semi-detached and terraced dwellings ADDRESS Land Adjoining Rhoslan, Cwmgarn Road, Rhosaman

CONSULTATIONS/COMMENTS Consultee Received Comments

Page 36 of 147 Carmarthenshire None received County Council Waste Service

Dyfed Archaeological 22nd Jun 2007 Records indicate that these proposals will not Trust impact upon any known archaeological resource. Therefore has no objection and require no further action to be taken.

Carmarthenshire 3rd Jul 2007 Suggests getting a housing association on board and County Council provides a draft sample of a S106 agreement that Housing Carmarthen use. Identifies a limited demand for social rented housing within the area and suggests that affordable for sale would be more appropriate.

Environment Agency 11th Jun 2007 No objection to this proposal recommends standard Wales guidance relating to development for developers to be attached.

Dwr Cymru Welsh 22nd Jun 2007 22/6/07 - Water supply can be provided tot he site Water and no problems are envisaged with the waste water disposal of this site. Requests that conditions and informative's are included within any grant for submission in order to ensure that no detriment to existing residents or the environment and to Welsh Waters assets.

17/07/07 - Water supply can be provided to the site and no problems are envisaged with the waste water disposal of this site. Requests that conditions and informative's are included within any grant for submission in order to ensure that no detriment to existing residents or the environment and to Welsh Waters assets.

Quarter Bach 13th Jun 2007 Concern raised at the level of development, Community Council considers it should be reduced to 10 dwellings; north site access should be pedestrian only; all building and site deliveries must be off Cwmgarw road.

Carmarthenshire 2nd Jul 2007 Comments that the highways department have not County Council responded on this application. Identifies that Cllr E Highways Williams has stated that he and local residents wish that only vehicular access should be from the proposed access road only and vehicular access

Page 37 of 147 should not continue to the rear of the site. 25% affordable housing should be considered for this site.

Environment Agency 31st Mar 2009 No objection to the proposal, recommends standard Wales advice guidance for developers.

Dwr Cymru Welsh 20th Mar 2009 No Comments Water

CONTRIBUTORS JL And S Edwards, Awelfryn, Rhyd Wen George Ingram, Rhoslan, Cwmgarw Road George Ingram, Rhoslan,, Rhosaman,

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

Concern has been raised by local residents and a number of letters of objection have been received. In addition petitions with 72 names attached have been received. The following is a summary of the issues raised:

Raises strong concern over the capability of the existing drain on site to cope with the increased usage; the proposed dwellings will and associated paraphernalia such as 1.8m high fences will detrimentally impact upon the amenity of the neighbouring property through overshadowing; concerned over surface water runoff; proposed visibility sightline do not exist, access here will be detrimental to highway safety; no footpath; moved to the area for its isolation in order to have loud and late parties, will not be happy about having to curb the music early should new residents complain; considers that the dwelling is not in-keeping with the area. Concerned that the development if approved would increase the level of properties by 50%, creating an estate in what is a rural area; no pavement linking to the school at Cefnbrynbain; electricity supply not capable; proposal will not fit in with area; concern that the properties will be sold to the local council or housing association; no space for people working on site. Site is a natural flood plain; proposal will cut off light to the flats; pedestrian access to the rear is dangerous; too many houses for the land and area.

RELEVANT POLICIES

P1P12: “Part 1 Policy 12 Supply of Housing Land” (Unitary Development Plan 2007) G3: “Development in the National Park” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) ES28: “Provision of Open Space in Housing Sites” (Unitary Development Plan 2007) ES29: “Enabling Affordable Housing” (Unitary Development Plan 2007) ES38: “Road Layouts and Open Spaces” (Unitary Development Plan 2007) ES39: “Boundary Features” (Unitary Development Plan 2007) ES47: “Water Sewage Supply New Developments” (Unitary Development Plan 2007)

Page 38 of 147 LPG3: “Development in the National Park.” (Local Plan 1999) LPG7: “Design and energy conservation.” (Local Plan 1999) LPR5: “Estate roads and access to properties.” (Local Plan 1999) LPR6: “Estate roads and access to properties.” (Local Plan 1999)

PLANNING HISTORY App Ref Description Decision Date

C21323 Residential development Permit 02.01.2007

OFFICER’S REPORT

Site Description and Proposal

The site lies within the settlement development boundary of Rhosaman as identified within the Brecon Beacons National Park Unitary Development Plan. The site is generally level and sits approximately 0.5 to 1.0 metres above road level. Access to the site is via a new access road onto the adjacent A4068 Cwmgarw Road which bounds the south of the site.

To the west of the site are 8 No. residential units which form a terrace effect along the west boundary; to the east are existing houses which run away from the site along the Cwmgarw Road. Within 50 metres of the west of the site is an existing playground area. To the south and north of the site is open countryside. There are a mixture of style and type of dwelling within the area, utilising a mixture of materials; predominant is a painted render finish.

The proposal is for fifteen residential dwellings comprising a mixture of market and affordable housing (11 market value houses and 4 affordable houses) with associated highways infrastructure to serve the site. To the rear of the site it is proposed to have a pedestrian link to an existing right of way.

History

The site has been the subject of a previous application (C21323) which was granted outline approval and included a level of affordable housing. It is therefore considered with due regard to the development plan and the previous approval that the principle of residential development is established. It is important to note that no negotiation was entered into to secure amenity space in line with the National Playing Field Association standards or costs for the provision of such.

Appraisal

Under the Brecon Beacons National Park Adopted Local Plan (1999) the site is identified as falling within countryside. As such only those Local Plan Policies which

Page 39 of 147 relate to this type of development and are not contrary will be quoted.

Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework. This application is considered against Part 1 Policy 12 and detailed policies G3, G6, ES28, ES29, ES38, ES39 and ES47 of the UDP and policies G3, G7, R5 and R6 of the Local Plan. Policy G3(ii) states that proposed development shall be sited within the white areas of settlement boundaries as shown on the proposals map, which this site complies with under the current UDP.

The application has been called in by members to go before committee as it has been considered to result in the overdevelopment of the site, will cause sewerage problems and does not provide a pavement from Rhosaman to Cefnbrain.

The application site is generally rectangular extending to approximately 0.39 hectares. National Policy states that for the sustainable use of land, development should seek to maximise its use, figures identify that targets for new house building should be 30 - 50 dwellings per hectare. This development equates to approximately 40 dwellings per hectare, which therefore complies with current density guidelines identified by government guidance. This is supported by Planning Policy Wales which identifies that Authorities should, as part of creating sustainable development for sustainable communities, promote the most efficient use of land and where appropriate increased densities.

Visual impact

Policy G3(i)(iii) aims to ensure that development does not have a detrimental impact on the visual amenity of the area and impact upon the special qualities of the National Park. The design and finishing of the dwellings has been the subject of extensive discussions and negotiations between officers and the applicant/agents. The main street elevation frontage has been designed to maintain a fairly uniform ridge and eaves level which is consistent with the existing properties either side. Whilst the immediately adjacent property, Rhoslan, is a bungalow whose ridge and eaves sit below this level, the next adjacent property to Rhoslan, Glanrhyd, then returns to the same height as the proposed dwellings. The overall street scene forms a harmonious element, which accords with local plan policy. Whilst it will be possible to see in to the development site, the main street frontage is what will be viewed initially and it is considered to be acceptable in this area.

Affordable Housing

Policy ES29 states that where there is a proven need the NPA will seek to negotiate an element of affordable housing. Carmarthenshire County Council housing has identified a need for a provision of 25% affordable housing on this site. The principle for the

Page 40 of 147 provision of affordable housing on this site has been established under the outline application C21323.

The developer has indicated that negotiations have been undertaken between themselves and Gwalia Housing Association for the provision of affordable housing on this site. Gwalia HA have requested that the affordable housing meets with the Welsh Assembly's DQR standards. Amended plans have now been submitted and consultations have taken place with the appropriate consultees; no adverse comments have been made to date. The details that have been submitted are therefore considered to comply with DQR requirements.

Landscaping

Criteria (iv) of policy G3 requires that the proposed development is integrated successfully into the landscape. The proposal both uses existing landscaping features and proposes to introduce new landscaping to successfully integrate the proposed development into the existing surrounding landscape. Existing trees to the rear and side boundaries of the site are to be retained and incorporated into the development and will be protected throughout the duration of construction works. Additional planting is proposed to enhance the site and soften the physical structures within the landscape.

Hard landscaping such as boundary treatments and surface finishes have been the subject of extensive negotiation between the authority and the developer and a satisfactory agreement has been reached. A mixture of surface treatments have been selected which will break up the different hard areas and delineate the different uses, for example separating parking areas from the adopted highway. An existing low stone wall to the south of the site will be retained and integrated into a boundary feature on this elevation. The stone feature will be continued into the development along the highway.

Policy G4 which refers to the protection of trees considered valuable to the amenity of the area. None of the trees on site are protected by a Tree Preservation Order and officers note that the existing trees are not of a quality which would require them to be protected by TPO.

Open Space

Policy ES28 of the UDP requires that new developments to contribute in a positive manner towards the quality and local distinctiveness of the environment and our quality of life. Policy ES28 criterion i) requires that adequate amenity space is provided for each household. Adequate amenity space is set as 60 square metres per dwelling and this is the standard which has been applied. Amenity space for the proposed dwellings ranges from a minimum of 75 square metres upwards and this is considered to comply with policy.

Criterion ii) of policy ES28 applies to development of 10 dwellings or more and requires provision of open space in line with National Playing Fields Association (NPFA). The

Page 41 of 147 proposal would fall within the thresholds of this criteria to make such a provision, however the outline application was approved under the current UDP and no provision was made at that stage or within the section 106 legal agreement. As there has been no material change in circumstance since the outline, officers consider that it would be unreasonable to insist upon this provision at the approval of reserved matters stage.

Neighbouring Amenity

Criterion v) of policy G3 covers the impact of proposals on neighbouring amenity. Concerns have been raised by the neighbouring properties that the proposal will impact upon their amenity. The nearest dwelling to a proposed unit lies to the east of the site at plot 13 (adjacent to Rhoslan). Whilst the unit on plot 13 sits further forward, the scale and bearing should not create a significant impact on the neighbouring property. The proposed units to the west of the site sit further away from the existing row of dwellings. The closest unit to the dwellings along Rhydwen is plot 1 which has its gable end fronting the rear elevation of existing properties with approximately 11 metres between them. There are two windows serving this gable end although they serve the downstairs hall and upstairs landing (non-habitable rooms). Neither window will significantly impact upon the amenity of the neighbouring properties. The next nearest dwelling along this row is at plot 3, which sits approximately 25 metres away. As a rule of thumb, guidance suggests that in residential situations such as this a minimum of 21 metres distance should be maintained. As such officers are of a view that there is no significant loss of amenity through overlooking in this instance.

Concern has been raised at the height of the fence running down the eastern boundary between the proposed dwellings and neighbouring property Rhoslan and the impact this will have through loss of light. Whilst there will be some minimal impact any loss would not be so significant as to warrant a refusal. In addition the proposed fence height is 1.8m which is 200mm below the height of a fence that could be erected now under permitted development rights. On balance this is not considered to have a significantly detrimental impact upon the amenity of the neighbouring property. The proposal is therefore considered to comply with the relevant considerations of UDP policy G3.

Highways

Criterion vii) of policy G3 requires that all proposals are compatible with the road hierarchy in that it is within the capacity of existing approach roads and does not have an unacceptable impact on traffic circulation or highway safety. Criterion ix) requires that adequate means of access and parking space can be provided to cater for the traffic generated by the proposal. Policy ES38 relates to road layouts and open spaces and requires road layouts to be clear to motorists and highly accessible to pedestrians and cyclists (criterion i) and any new roads should be drained and finished to an adoptable base course standard (criterion iii). Criterion ii) requires that proposals allow for public space provision and incorporate safe and convenient linkages and routes for pedestrians and cyclists and, where appropriate, adopt measures such as wide pavements, improved lighting, pedestrian friendly crossings and traffic calming.

Page 42 of 147

Concern has been raised by local residents with regards to the proposed visibility splays and the access to the rear of the site. In addition concern has been raised that there is no provision for a footpath linking this site to the nearby school. However, no adverse comments have been received by the local highways authority and the scale of development does not justify the cost of approximately a one mile stretch of footpath. The visibility splays suggested allow for 90m in either direction. The speed limit within this area is 30mph in one direction and 40 mph in the other. Technical Advice Note 18 – Transport identifies that the visibility for junctions within these speed limits is 90m and 120m respectively. TAN 18 also identifies that the visibility for a 30mph area also allows for vehicles travelling at 10kph above the speed limit. With due regard to this technical data and the fact that no adverse comments have been received from the highways department this is not considered a sufficient reason for refusal.

The layout of the proposal is clear, accessible and incorporates safe and convenient linkages for pedestrians and cyclists. The third party objections on highway safety grounds have been considered however officers are of the opinion that the proposal does not raise a significant highway safety issue in this instance. On balance, officers consider that the proposal complies with the relevant provisions of UDP policies G3 and ES38.

Service Infrastructure

Policy ES47 aims to ensure that development will only be permitted where an adequate water and sewerage infrastructure exist or can be provided.

Concerns have been raised by local residents that the capacity of the existing sewerage disposal network is not capable of dealing with the proposed flows, this issue has been raised directly with the appropriate consultants. Dwr Cymru/Welsh Water have identified that the sewerage outlet shall be to a manhole across the highway which is capable of dealing with proposed levels of foul water. No objections have been received from DC/WW, whom have recommended conditions for any approval. It has been clarified that there is sufficient water supply to this site from the mains.

The site has been described as a flood plain, however the land sits between two areas of existing residential properties and the nearest main water course is the River Amman. The proposed details indicate that all surface water runoff will be dealt with through either a SUDS system or through rainwater harvesting which will then be recycled to flush toilets, run outside taps etc. No objections or adverse comments have been received from the Environment Agency, Officers therefore do not consider this an issue.

Conclusion

On balance, the proposal complies with the relevant requirements of Part 1 Policy 12 and detailed policies G3, G6, ES28, ES29, ES38, ES39 and ES47 of the UDP and policies

Page 43 of 147 G3, G7, R5 and R6 of the Local Plan and is therefore recommended for approval subject to conditions and subject to the applicant entering into a s106 agreement to secure the provisions identified in the report. The Section 106 Legal Agreement will ensure that the developer will provide 25% affordable housing.

RECOMMENDATION: Permit subject to Section 106 Agreement

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans, drawing nos. NP1v1, NP3v1, NP4v1, NP6v1 received 14/4/2007, NP14v2, NP15v2 received 12/8/2008, NP11v2, NP16v2, NP17v2, NP8v6 received 18/12/2008 NP12v3 received 10/2/2009 and letter of 18/12/2008 and landscape specification details received 18/12/2008, unless agreed otherwise in writing by the Local Planning Authority. 3 No development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 4 No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works has been submitted to and approved in writing by the Local Planning Authority. Such scheme shall be implemented before the first use of the development hereby approved. 5 Details of any external lighting proposed to illuminate the development shall be submitted to and approved in writing by the Local Planning Authority before the use hereby permitted commences and/or the building(s) are occupied. Development shall be carried out in accordance with the approved details and there shall be no other external illumination of the development. 6 Foul water and surface water discharges shall be drained separately from the site. 7 Foul flows from the development shall connect directly to manhole SN73132902 located on the 150mm public combined sewer as marked on the attached Statutory Sewer Record plan(received 17 Jul 2007). 8 No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system unless otherwise approved in writing by the Local Planning Authority. 9 Land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system. 10 Prior to the commencement of any construction works, a written method statement and details shall be submitted and approved in writing by the Local Planning Authority with regard to the construction works for the access and highway infrastructure for this development site. The method statement shall include details relating to the timing of the works, the contractor, the method of construction, details of the proposed signing and guarding to the highway, and details of measures to minimise disruption to highway users.

Page 44 of 147 11 Within 28 days from the commencement of the development the area of the access to be used by vehicles is to be constructed fully in accordance with the details and specification indicated on approved plan NP8v6 received 18/12/2008 and the additional details approved under condition 10 above, unless agreed otherwise in writing by the Local Planning Authority.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 To ensure that the materials harmonise with the surroundings. 4 To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal. 5 To safeguard local amenities and visual amenity of the area. 6 To protect the integrity of the Public Sewerage System. 7 To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment. 8 To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment. 9 To prevent hydraulic overloading of the public sewerage system and pollution of the environment. 10 In the interests of highway safety 11 In the interests of highway safety

Informative Notes:

1 Please refer to Environment Agency Standard Advice (enclosed) 2 If a connection is required to the public sewerage system, the developer is advised to contact the Dwr Cymru Welsh Water's Network Development Consultants on 01443 331155. 3 The development to which this permission relates is the subject of an agreement under, inter alia, Section 106 of the Town and Country Planning Act 1990. This permission should be read in conjunction with that agreement.

Page 45 of 147

ITEM NUMBER: 3

APPLICATION NUMBER: 08/01563/FUL APPLICANTS NAME(S): Mr K Davies SITE ADDRESS: Glwydcaenewydd Farm Crai Brecon Powys LD3 8YP GRID REF: E: 289563 N:224484 COMMUNITY: Crai DATE VALIDATED: 15 January 2008 DECISION DUE DATE: 11 March 2008 CASE OFFICER: Mr Kevin Jones

PROPOSAL Erection of 2. No log homes (semi detached) for use as educational and holiday accommodation ADDRESS Glwydcaenewydd Farm, Crai, Brecon

CONSULTATIONS/COMMENTS Consultee Received Comments

Page 46 of 147

Crai Community 14th Feb 2008 Support the development, reservations regarding Council design

Powys County 30th Jan 2008 Detail should be sought re: access. Council Highways Enviro nment Agency 30th Jan 2008 No objection, generic information o be applied. Wales

CONTRIBUTORS

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY No responses

RELEVANT POLICIES

G3: “Development in the National Park” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) ES7: “Buildings for Commercial Use Countryside” (Unitary Development Plan 2007) ES8: “Conv/Rehab of Rural Bldgs Commercial Use” (Unitary Development Plan 2007) ES17: “Farm Diversification” (Unitary Development Plan 2007) ES20: “New Buildings for Holiday Accomodation” (Unitary Development Plan 2007)

PLANNING HISTORY App Ref Description Decision Date

None

OFFICER’S REPORT

Site Description

The application site is located centrally within Crai, to the west of the main road (Class III County Highway) that runs through the village and is occupied by outbuildings related to Glwydcaenewydd Farm. These outbuildings are a mix of wooden framed/corrugated metal and concrete panel and are in a very poor condition.

The site itself is relatively flat with the land to the north east falling away to the valley beyond. Crai village has evolved over time and as a result there is no uniform pattern of development in terms of layout, design and materials. The existing farmhouse and buildings of the farm are located directly to the north of the site whilst to the south is the village hall. Directly to the south east of the existing outbuildings, and within the application site, is a small parcel of land that is used informally by the neighbouring hall

Page 47 of 147 for occasional village events. On the opposite side of the road from the site (east) is a pair of semi-detached residential properties.

The outbuildings are set back over 30m from the main road and separated by a grassed area. This grassed area is crossed by a sewer and 45 KVA mains electric line running parallel, from the farmhouse to the village hall.

The existing farm entrance accesses the site.

Description of Proposed Development

The proposal seeks to demolish the existing outbuildings and erect a chalet style ‘log cabin’ building that would provide 2 no. semi-detached educational and holiday accommodation units. The units are a diversification project for the farm and the applicant envisages that the building will be used either by educational institutions as a base for field study trips or by general tourists to the Geo Park/National Park. Each property would contain three no. bedrooms. The proposed materials are a mix of timber and stone walls with slate roof.

The proposed building would be rectangular in shape, measure approximately 21m long by 11.5m deep and be located on the footprint of the existing buildings, albeit slightly wider. The front elevation consists of a timber gable with the remainder faced with local stone. Two no. small pitched roof dormers are to be located within the roof. The rear elevation is almost a mirror image of the front with the exception of a single large catslide dormer within the roof. The side and rear elevations are proposed to be timber with stone comer piers and chimney.

The applicants want the new building to be as sustainable as possible. They have chosen a solid hardwood kiln dried log construction as timber is one of the best forms of insulation. 8 inch thick solid timber is proposed therefore the building will be very economical to heat. Any heating required will be provided by via a wood boiler and solar panels attached to the south facing roof slopes will supply domestic hot water. A grey water recycling system is also proposed.

Provided the wood is treated properly and regularly with a suitable preservative, the expected life of a timber building can be 150 years plus.

Appraisal

Principle of Development

Policy G3 of the UDP refers to ‘Development in the National Park’ and requires all proposals for development to comply with the criteria, where they are relevant to the proposal. Criterion (ii) of policy G3 requires that the proposed development lies within “white areas” of settlements as shown on the Proposals Map, with the exception of

Page 48 of 147 those developments covered by policies which enable development in the countryside. The development boundary for Crai runs along the rear wall of the existing building and as the proposed building is slightly deeper than that existing it results in a small part of the proposed building and all rear open space being located outside the development boundary. The building cannot be located further forward within the site due to the location of the sewer, electricity cable and area of land used for village events. As such, the proposal cannot fully comply with the G3 (ii).

The exception to G3 (ii) that this proposal therefore falls to be considered against is policy ES17 ‘Farm Diversification’.

Criterion (i) of policy ES17 states that the change of use of land or buildings and the provision of new buildings for appropriate commercial, business (including tourism related) or industrial activities for farm diversification purposes will be permitted where ‘any buildings that form part of the proposal lie within or immediately adjacent to the group of existing buildings which make up the farm complex.’ In this instance the proposed building is located directly alongside the existing farm complex. Criterion (i) also holds the caveat that the re-use of buildings or development of new buildings must comply with policies ES7 or ES8.

As the proposal is for a new building policy ES7 applies and this states that appropriate commercial uses (with the exception of overnight accommodation) outside development boundaries will be permitted where they are located next to an existing group of buildings and where they are essential. Although the proposal is for overnight accommodation, an exception to ES7, only approximately 2m of the new building would be outside the development boundary. As explained earlier, if it were not for the constraints of existing utilities and the social aspect of the land outside the village hall, the proposed building would be located entirely within the development boundary. The existing buildings are dilapidated and incapable of conversion therefore in these circumstances it is considered that despite the fact that the development of the building would amount to a technical departure from policies G3 and ES7 of the approved development plan, it is not a significant departure and could take place without any serious consequences to the visual qualities, character and amenity of the national park or the residential environment of anyone living nearby. It is also the case that it would not undermine, or otherwise prejudice, the basic intentions or overall integrity of the Unitary Development Plan. As such, it is not considered necessary to refer the application to the Welsh Assembly Government.

Criterion ii) of ES17 states that ‘the proposed diversification will be of an intensity of use appropriate to and reflective of its environment and setting within the National Park and will have no significant detrimental effect on the vitality of the adjacent town or village, either in its own right or through cumulative impact’. The proposed units are for educational and holiday accommodation that would provide economic benefit to the local economy around Crai and the wider one of the National Park.

Policy ES20 of the UDP is pertinent to this proposal as it refers to new buildings for

Page 49 of 147 holiday accommodation. Under ES20 new buildings for such a use will only be permitted where the proposed development is located within the development boundaries of defined settlements, on sites not allocated for other forms of development. As with policy ES7, given the restriction on location of the building and that only a partial section of the proposed building would lie outside the development boundary, the proposal is considered an acceptable departure to this policy.

As the proposed use of the building will be a mix of use classes C2 and C3 the building does not benefit from the extended permitted development afforded to dwelling houses. However, to ensure there is no visual intrusion outside the development boundary it will be appropriate to remove permitted development that allows fences, walls and other means of enclosure to be constructed via condition.

Visual Amenity

Criterion (iii) of Policy G3 of the UDP requires development to be appropriate in terms of the scale, form, design, layout, density, intensity of use and materials to maintain the quality and character of the Parks landscape. Policy G6 expects development to meet WAG’s key design objectives and respond to local context whilst policy Q20 (i) necessitates that development is appropriate to their setting in the Park in character, scale and design.

Since the withdrawal of previous planning application (06/00712/FUL) the applicant has amended the proposal to meet with advice given by National Park officers. The building has been reduced in the size of its footprint and natural stone introduced to a large section of the front elevation.

The introduction of natural stone to the front elevation, corner piers and chimney give the building some local context rather than a wooden structure appearing ‘alien’ within the street scene. From the building heights supplied by the applicant on a block plan the proposed building would be the same height as the farmhouse and slightly lower than the hall and this means that the proposal would appear as a step between the two properties. Although the applicant submitted a photo-montage of the proposal in the street scene, a scaled elevation drawing showing the height of the proposed building in relation to the hall and farmhouse has been requested to ensure that the proposal does not appear overlarge.

As the application site is located within the centre of Crai, having the proposal set back a similar distance from the road as the existing building retains the open and green nature of the centre of the village. It can also be argued that the proposal represents a visual improvement given the dilapidated state of the existing outbuildings.

Long distance views of the proposal will be possible from across the valley and although it will be seen in the context the group of village buildings it would be appropriate for a landscaping condition to be imposed to soften the appearance.

Page 50 of 147 The use of timber (albeit imported), local stone, solar panels, grey water recycling and a wood boiler are considered to be largely in accordance with the key principles of sustainable design

Neighbour Amenity

Policy G3 (v) of the UDP aims to ensure that any proposed development does not have an unacceptable impact on the amenity of the area, adjacent properties or the general public; whilst criterion (iv) of policy Q20 also aims to make certain that development does not have an unacceptable adverse effect on the amenity of the area or the public's enjoyment of it, or the legitimate use of nearby land.

The proposed building would be located between the existing farmhouse and the village hall with a standard layout having the front elevation facing the road and the rear elevation looking across fields. The side elevations do contain windows at first floor however these are high level windows serving the kitchen below. As both the proposed building and semi-detached houses opposite are set back from the main road, a distance of over 50m separates the properties.

Given the above, it is considered that there would be very limited impact upon the amenities currently enjoyed by neighbouring properties.

Highways

Criterion ix) of policy G3 requires all proposals to include adequate means of access and ensure parking space can be provided to cater for the traffic generated by the proposal.

Although no details have been supplied, access to the site will be obtained via the existing farm entrance. Powys County Council recommends that conditions be imposed requiring details of parking, access and visibility splays to be submitted to the BBNPA. They also state that the access should be amended to meet the standards set by the Highways Authority within 5 days from the commencement of the development. As the land on both sides of the access is within the ownership of the applicant, the visibility requirements are achievable at this location.

Conclusion

The decision to recommend planning permission has been taken in accordance with Section 38 of The Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan comprises of the Brecon Beacons National Park Authority Approved Unitary Development Plan - March 2007.

Page 51 of 147 The plot is of an adequate size for the proposed building and the design is acceptable such that any potential impact upon neighbouring amenity should be limited. As such, the proposal accords with policies GP6, ES17 and ES20 of the Brecon Beacons National Park Authority Approved Unitary Development Plan - March 2007. Whilst the proposed building would amount to a technical departure from policies G3 and ES7 of the approved development plan, it is not a significant departure and could take place without any serious consequences to the visual qualities, character and amenity of the national park or the residential environment of anyone living nearby. It is also the case that it would not undermine, or otherwise prejudice, the basic intentions or overall integrity of the Unitary Development Plan.

RECOMMENDATION: Planning Permission Required

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1-V1, NP2-V1, NP3-V1, NP4-V1, NP5-V1, NP6-V1, NP7-V1, NP8-V1, NP9-V1, NP10-V1, NP11-V1, NP12-V1, NP13-1, NP14-V1, NP15-V1 and NP16-V1). 3 No development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 4 Within 5 days from the commencement of development the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access 2.4 metres distant from the edge of the adjoining carriageway, to point 0.26 metres above ground level at the edge of the adjoining carriageway and 45 metres distant in each direction measured from the centre of the access along the edge of the adjoining carriageway and 5.5m distant from the edge of the adjoining carriageway and 6.0m in each direction. Nothing shall be planted, erected or allowed to grow on the area(s) of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction thereafter. 5 Within 5 days from the commencement of the development the area of the access to be used by vehicles is to be constructed to a minimum of 410mm depth, comprising a minimum of 250mm of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 5.5 metres from the edge of the adjoining carriageway. Any use of alternative materials is to be agreed in writing by the Local Planning Authority prior to the access being constructed. 6 Prior to the occupation of the log houses, provision shall be made within the curtilage of the site for the parking of not less that 2 cars per log house excluding any garage space provided together with a turning space such that all vehicles serving the site may both enter and leave the site in a forward gear. The

Page 52 of 147 parking areas shall be retained thereafter and the turning areas shall be maintained at all times free from obstruction. 7 The width of the access carriageway shall be not less than 4.8 metres for a minimum distance of 5.5 metres along the access measured from the adjoining edge of the carriageway of the county highway. 8 Prior to the occupation of the log houses the area of the access to be used by vehicles is to be finished in a 40mm bituminous surface course for a distance of 5.5 metres from the edge of the adjoining carriageway. 9 The centreline of any new or relocated hedge should be positioned not less than 1.0 metre to the rear of the visibility splay. 10 Samples of all facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority before the commencement of development. The development shall be constructed in accordance with the approved details. 11 Prior to the commencement of development, details of the recess depth and of materials, treatment and/or colour of the window and door frames shall be submitted to and approved in writing by the Local Planning Authority. The window and door frames shall then be installed in accordance with the approved details and so retained. 12 No development shall commence until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority. The landscaping scheme shall, where applicable, show the position of trees and hedges to be removed, trees and hedges to be retained, proposed trees, hedges (in particular planting along the rear boundary) and defined limits of shrubs and grass areas; numbers of trees and shrubs in each position with size of stock, species and variety; proposed topsoil depths for grass and shrub areas; types of enclosure (hedges, fences, railings, walls etc), types of hard surfacing (gravel, paving, tarmac, etc); and, regraded contours and details of changes in level. All hard and soft landscaping works shall be carried out in accordance with the approved details. 13 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, unless the Local Planning Authority gives written consent to any variation. If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5 year defects period. 14 The building which is the subject of this application shall be used for educational and holiday accommodation only and for no other purpose including any other purpose within Class C of the Schedule of the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification. 15 The units of accommodation shall not be let to or occupied by any one person or group of persons for a continuous period of longer than 3 months in any one

Page 53 of 147 year and in any event shall not be used as a permanent accommodation. A register of such lettings, including the names and main home addresses of guests, shall be kept up-to-date and made available for the National Park Authority to inspect at all reasonable times. 16 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or in any Statutory Instrument revoking or re-enacting that Order with or without modification) no development falling within Class A to C of Part 2 of the said Order Schedule shall be carried out without the prior written permission of the National Park Authority on an application submitted to it.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 To ensure that the materials harmonise with the surroundings. 4 To ensure safe access and egress to and from the site. 5 To ensure safe access and egress to and from the site. 6 To ensure safe access and egress to and from the site and that there is sufficient parking to serve the site. 7 In the interest of highway safety. 8 In the interests of highway safety. 9 In the interest of highway safety. 10 To protect the visual amenities of the area. 11 To protect the visual amenities of the area. 12 In order to protect the visual amenities of the area. 13 In order to protect the visual amenities of the area. 14 The National Park Authority is not prepared to allow the introduction of separate units of residential accommodation in this rural location. 15 To ensure the approved accommodation is not used for permanent residential accommodation as independent use of the building would result in a form of development out of character with the surrounding area. 16 In order to protect the visual amenities of the area.

Informative Notes:

1 Please refer to Environment Agency Standard Advice (enclosed)

Page 54 of 147

ITEM NUMBER: 4

APPLICATION NUMBER: 08/01953/FUL APPLICANTS NAME(S): Wye And Usk Foundation SITE ADDRESS: Left Bank Downstream Of Llangynidr Bridge

GRID REF: E: 315297 N:220336 COMMUNITY: Llanfihangel Cwmdu DATE VALIDATED: 4 August 2008 DECISION DUE DATE: 29 September 2008 CASE OFFICER: Mr Paul Rossington

PROPOSAL Enlarge hard standing to provide parking for canoe access and stockproof fencing ADDRESS Left Bank Downstream Of Llangynidr Bridge, ,

CONSULTATIONS/COMMENTS Consultee Received Comments

Brecon Beacons Park 22nd Sep 2008 Object to the planning application. We feel that the Society proposal is contrary to policy G3 i) of the UDP. Llangynidr Bridge is a fine historic monument dating from 1700 and still in its original form, having never

Page 55 of 147 been widened to two lanes. The view of the bridge and also the views from the bridge are magnificent and highly valued. Creating an area of hardstanding and the consequent parked cars just above the bridge, off the road as it winds up towards Bwlch, would have a deleterious effect on this fine view and on views of the bridge. no indication is given as to how this parking space would be limited to those accessing the river with canoes at legitimate times of year. It seems very likely that this parking area would come to be used by anyone wanting access to the river and therefore would be in constant use throughout the year. we are also concerned that this proposed development is contrary to policy G3 vii) in that it would have an unacceptable impact on traffic circulation and highway safety. Llangynidr Bridge, because it is single lane, suffers from considerable congestion. Cars accessing the proposed hardstanding would have to stop while the gate was opened, adding to this congestion. In addition, if approaching from Llangynidr they would have to turn across the traffic on a blind bend. We would oppose any attempt to modify the plan to take access away from the bend as this would involve the destruction of part of the stone wall which would increase the loss of visual amenity.

Car parking is available elsewhere in the village and we see no reason why canoeists should not continue their present practice of carrying their canoes to and from the river.

Powys County 19th Sep 2008 Whilst not wishing to object I believe it will be in the Council Highways best interests of highway safety if the gate is set back from the edge of the carriageway to ensure that vehicles and trailers are able to clear the carriageway before stopping. A set back of 10 metres is recommended, along with conditions relating to the gradient of the access and constructional specifications.

Countryside Council 15th Oct 2008 CCW does not object to the proposal. However, For Wales we do have recommendations and observations to make in order to minimise the possible impacts of the scheme on the River Usk Special Area of Conservation (SAC) and the surrounding landscape.

Page 56 of 147

The application lies close to the River Usk, which at this point forms part of both the River Usk (Upper Usk) Site of Special Scientific Interest (SSSI) and the River Usk SAC. Additionally, the application seeks to create facilities for an activity that will entirely take place within the SAC and SSSI. The application site is also immediately adjacent to an area of woodland that has been assessed as having potential to support breeding otter, a species that is a primary feature of the SAC. Therefore any increase in recreational activity has the potential to disturb breeding or resting otters either from use of the proposed car park itself or from navigation of the river. However, the impact of the access project (that this application forms part of ) on the River Usk SAC is being separately assessed by CCW. As a result of this we will not be commenting further on the potential wider impacts of this application on the SAC and SSSI. However, CCW still recommend that should the BBNPA be minded to grant permission, a condition be inserted in order to ensure the fence along the woodland side of the car park prevents or helps to prevent access to the adjacent woodland from this location.

The application is also within a landscape assessed as having "high" visual and sensory qualities, as well as being part of the setting to a Grade 1 historic structure (Llangynidr Bridge). As a result CCW also recommend that the construction materials (such as fencing materials and car park surfacing) should be sympathetic and appropriate to the setting.

Environment Agency 23rd Sep 2008 The application site lies entirely within zone C2. Wales Section 6 of TAN15 requires your authority to determine whether the development at this location is justified. As part of this justification the applicant must undertake and submit a flood consequence assessment (FCA).

A subsequent letter from EA Wales stated that after further discussions with the applicants "we do not consider a FCA is required in this instance...however we advise the applicant that the site may be subject to periodic flooding in the future. The applicant

Page 57 of 147 should ensure measures are in place to ensure cars do not use the field in times of high river levels".

"We would be opposed to tarmacing this area due to the anticipated increase in surface water runoff. Furthermore , the EA would stress that there should be no raising of ground levels in the fielded area due to the potential impact on the storage of flood waters".

NP Building 23rd Oct 2008 I have no issue with the principle but the use of wire Conservation Officer fencing in this location will affect the setting of one of the best historic bridges in the National Park. I believe the boundary to the area should be either a dry stone wall or a traditional laid hedge. The gate design is fine. I would object to the proposal as it stands.

NP Ecologist 9th Jan 2009 Further to our site meeting on December 18th with the representative of the Wye and Usk Foundation and our recent office discussion I would like to amend aspects of my first recommendation. Based on the extent of available suitable otter habitat within the woodland area to the east of the proposed application site it is my view that there would be no significant benefit in improving the habitat in close proximity to the site by fencing the woodland. I am therefore no longer seeking a biodiversity enhancement through the fencing of the woodland to exclude stock.

NP Ecologist 28th Nov 2008 To determine the ability to secure appropriate biodiversity enhancements in association with the proposed development I would recommend a site meeting with the applicant. Suggestions to be considered are the fencing of the woodland to exclude stock and the creation of otter holts and/or resting places in peripheral sections of the woodland block.

Environment Agency 3rd Nov 2008 Given the nature of the proposed development and Wales further discussions with Dr Marsh-Smith, we do not consider a FCA is required in this instance. We do not object to these proposals, however we advise the applicant that the site may be subject to periodic flooding in the future. The applicant should ensure

Page 58 of 147 measures are in place to ensure cars do not use the field in times of high river levels.

We have no adverse comments with respect to surface water runoff due to the free draining nature of the gravel layer however we would be opposed to tarmacing this area due to the anticipated increase in surface water runoff. Furthermore, the EA would stress that there should be no raising of ground levels in the fielded area due to the potential impact on the storage of flood waters.

Llangynidr 17th Sep 2008 The Community Council objects on the grounds Community Council that this will have a detrimental effect to the look of the historical bridge. It would also cause more traffic congestion at the bridge, which is already of concern.

CONTRIBUTORS Llangynidr Community Council, Willow Cottage, Forge Road William Gibbs, The Barn, Cyffredin Lane

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

Erection of bright blue sign on riverbank at Llangynidr Bridge. Site of outstanding natural beauty Historic bridge

RELEVANT POLICIES

G3: “Development in the National Park” (Unitary Development Plan 2007) Q20: “Development relating to the enjoyment of” (Unitary Development Plan 2007) LPG3: “Development in the National Park.” (Local Plan 1999) LPCB4: “Listed buildings.” (Local Plan 1999) LPT1: “Tourist, recreation and education.” (Local Plan 1999) Q16: “The Setting of Listed Buildings” (Unitary Development Plan 2007)

PLANNING HISTORY App Ref Description Decision Date

None

Page 59 of 147 OFFICER’S REPORT

SITE DESCRIPTION

This application relates to the use of part of a sloping, riverside field which is on the northern (downstream) side of the River Usk, adjacent to the historic and Listed bridge at Llangynidr. The site is bounded by an area of significant woodland to the north and has an existing roadside gate within a traditional stone wall that physically and visually links the setting of the application field with the bridge.

Within the site, as one accesses the field through the roadside gate, there is a small area of hard surfaced ground that clearly serves as a firm base for vehicular use into the field. The remainder of the site is grassed.

The access to the site is directly off the class 2 County Road (B4560), at a point where the road climbs steeply away from the bridge and curves around a tight bend before progressing up towards the A40 to the south of Bwlch. There are no footways along this stretch of road in the vicinity of the application site.

PROPOSAL

The submitted application form describes the proposal as being "an enlargement of an existing hardstanding" with fencing for stock exclusion and management to provide parking for canoe access.

The submitted drawings show that an irregular shaped area of the existing field is to be surfaced as a hardstanding, with the approximate dimensions of 39 metres in length and 11 metres in width.

Additional information indicates that;

- the site will be levelled and covered with locally sourced scalping - the access to the site will be via the existing road entrance - the exit from the site to the rest of the riverside field will be by a new 12 foot field gate - the site is to be enclosed by standard netting style stock fencing

In this way the proposal seeks to provide a vehicle parking area for canoeists who use this stretch of the River Usk and who need to leave the river at what is a recognised egress point just below the historic Llangynidr Bridge. Information provided by the applicants and local residents seems to indicate that canoeists either park on the highway adjacent to the field wall and load their vehicles and trailers over the wall, or they use parking spaces within the village and carry their canoes to the parked vehicles.

Page 60 of 147 CONSIDERATION

Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but which was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework. This application is considered against policies G3, Q16 and Q20 of the UDP and policies LPG3, LPCB4 and LPT1 of the Local Plan.

The main considerations in this case are the impacts upon the special qualities of the National Park in terms of its natural beauty, wildlife and cultural heritage; the site specific impacts of the use proposed in relation to scale, design, intensity of use and materials (when assessed for appropriateness in relation to the locality and its character); the impacts of the proposal on the road hierarchy and traffic safety; the setting of the listed bridge and the impacts of a use for or connected with the recreational enjoyment of the National Park.

APPRAISALS

HIGHWAY SAFETY

The applicant states that there would be no change to the site access where it joins the class 2 county road - B4560. However the County Highway observations show that specific conditions are required to "improve" the access and satisfy highway safety considerations. Their technical appraisal states that the gate into the site should be set back from the edge of the carriageway by 10 metres.

In correspondence dated 16 January the applicants were advised of highway related design issues that should be considered and submitted for the NPA's consideration so that the impacts upon the area could be fully assessed. We advised that:

1 A detailed plan was required outlining a design for the field access. It should be to scale and should clearly show a narrowed entrance, designed sensitively to prevent the use of minibuses on the car park.

In an email dated 3 February 2009, and in subsequent meetings, we were advised by the applicant that "our difficulty is that many, if not most canoeists use minibuses and trailers and we are not sure why they should be proscribed as there is no overall ban in the Park".

No detailed access drawings have been submitted and this issue is of particular importance in an assessment of the acceptability of the proposals.

2 In addition to the comment at 1 above, the letter to the applicants requested that a "sensitively" designed height bar should be provided at the entrance to the site.

Page 61 of 147 No such details have been provided and discussions confirm that access restrictions aimed at minibuses would exclude many if not most canoeists and would therefore be unacceptable to the applicants.

3 The applicants were advised of the need to carefully consider an access design solution that would suitably and sensitively overcome the visual changes that the proposals would introduce.

No details have been provided but by letter dated 15 February 2009 the applicants stated "we anticipate retaining the existing gate but placing another so that any vehicle driving in does not obstruct the road to open the gate that keeps stock off the road. Outside the canoe period (3 March to 17 October) we suggest locking the outer gate.

In the absence of a specific design solution that we can assess fully this leaves significant doubt in terms of visual impact and highway safety.

4 The NPA also advised that if the information provided was acceptable then a major practical requirement would be a management plan that would be required to ensure the safe and controlled use of the car park and surrounding areas.

No such plan has been discussed or provided and therefore, as these important issues have not been addressed to the satisfaction of the NPA, it is only possible to use the submitted information when considering whether the operation of the proposed facility would result in unacceptable highway safety conditions.

ECOLOGY

The ecological implications of this development are well explained in the consultation responses from the relevant bodies. The Countryside Council for Wales carefully explain that whilst not objecting to this proposal, their detailed comments advise and inform on the relationship between the site, its use and the Special Area of Conservation and SSSI designations. The importance of the relationship between otter habitat locations (in the adjacent woodland) and the central importance of this issue when making decisions on planning proposals in and so close to the River Usk corridor, is beyond question. If there is "the potential to disturb breeding or resting otters" as a result of the use of the river or from this related use then a precautionary approach is both sensible and relevant. As the management of the use and users of this proposed car park is by no means certain your officers recommend that the approval of such a development is a significant risk. This view is supported by CCW's separate role, using other legislation, in a detailed assessment of the impacts of this project. No results of this assessment have been provided. It should also be noted that the NPA's Conservation Officer observed that "there would be the potential for disturbance to otters".

Page 62 of 147

SETTING OF THE LISTED BRIDGE

The application site is so clearly associated with the setting of the Llangynidr Bridge that an assessment of the impacts of the development and use of the application site upon its setting is of the highest importance.

The NPA's Building Conservation Officer contributes to our understanding of this issue by stating that even the enclosure of the proposed car park by a fence would impact negatively upon the setting of the listed structure.

The Brecon Beacons Park Society, Llangynidr Community Council and a local resident echo this concern.

Your officers feel it is inevitable that in such a close relationship with an enclosed, gated, surfaced car park, the value and importance of the local setting of the bridge will be harmed to a significant degree.

LANDSCAPE IMPACTS

The UDP ranks so highly the strategic status of "the special qualities of the National Park". In considering all proposals for development "great weight" will need to be given to conserving and enhancing the Park's special qualities and its natural beauty. Its very designation is intended to raise these considerations to the highest level of importance, especially as this proposal is, as confirmed by CCW and the NPA Conservation Officer, within a landscape assessed as having high visual and sensory qualities. The consideration of all applications in such sensitive locations will need to take into account the unacceptable impacts of a proposal such that at least the quality and character of the Park's landscape is maintained, if not positively enhanced. In this case neutral or positive consequences cannot be established and significant evidence exists to suggest that demonstrable harm would result if the proposed development was implemented.

THE ENJOYMENT OF THE PARK

It is only right that we judge the merits of "conservation and enhancement" in terms of the natural beauty of the Park against real opportunities for the promotion and enjoyment of the Park by the public. This balance of relative merits is always a difficult one, however in this case the link between the use of the riverside field as a car park and the recreational use of the River Usk provides several examples of serious harm to interests of such importance that the proposals cannot be supported, when based solely upon the value to recreational initiatives.

Page 63 of 147 RECOMMENDATION: Refuse

Conditions and/or Reasons:

Reasons:

1 The proposal to create a car park in this location would have a significant and unacceptable impact on the special qualities, natural beauty and wildlife of the National Park. Specifically the scale and location of the proposed car park, together with the means of enclosure and choice of materials, would be inappropriate and likely to negatively affect the quality and character of this part of the National Park. The proposals are therefore contrary to Policy G3 i) , iii), iv) and v) of the UDP (2007) and policy LPG3 i) and iii) of the Local Plan (1999). 2 The proposal fails to meet the required detailed design elements relating to the layout of the access onto the Class 2 County Road B4560. As a result the proposal would have an unacceptable impact on traffic circulation and highway safety, contrary to Policy G3 vii) of the UDP (2007) and Policy LPG3 iv) of the Local Plan (1999). 3 It is the opinion of the National Park Authority that the proposed development is of a form and nature that would seriously harm the setting of the Grade 1 Listed structure (Llangynidr Bridge). Such unsympathetic development, on a site that is so clearly part of the river and bridge environments in this locality, would be contrary to Policy Q16 of the UDP (2007) and Policy LPCB4 of the Local Plan (1999). 4 It is the opinion of the National Park Authority that the scale and nature of the proposal, if developed, would result in significant harm to landscape and other interests of acknowledged importance. Therefore the recreational link between this car park and the use of the River Usk is of insufficient weight to justify its approval. The proposals are therefore contrary to Policy Q20 i) and iv) of the UDP (2007) and Policy LPT1 i) and iv) of the Local Plan (1999).

Page 64 of 147

ITEM NUMBER: 5

APPLICATION NUMBER: 08/02004/FUL APPLICANTS NAME(S): Mr And Mrs Jones SITE ADDRESS: Garage Beside The Old Mill Llangenny Powys NP8 1EY GRID REF: E: 324056 N:217146 COMMUNITY: Vale Of Grwyney DATE VALIDATED: 18 August 2008 DECISION DUE DATE: 13 October 2008 CASE OFFICER: Miss Eleri Davies

PROPOSAL Conversion of garage to provide one holiday let ADDRESS Garage Beside The Old Mill, Llangenny, Powys

CONSULTATIONS/COMMENTS Consultee Received Comments

Page 65 of 147

Ramblers Association 17th Sep 2008 No Objections Powys

NP Ecologist 13th Jan 2009 No evidence of bats recorded by means of the internal and external inspections of the garage. As a consequence there are no specific environmental restrictions to the progression of this application.

Recommend informative note be included on any permission advising the procedure if bats are discovered during works.

Clwyd Powys 23rd Jan 2009 No known features will be affected by the intended Archaeological Trust works.

Powys County 10th Sep 2008 No Comments Council Building Regulations

Environment Agency 19th Dec 2008 Site is partially within a C2 flood zone as defined by Wales the development advice map (dam) referred to under TAN15 Development and Flood Risk (July 2004). The site lies outside the extreme flood outline and the EA have no record or awareness of any flooding having occurred to the site and offer no adverse comment to the proposed development.

NP Rural Practice 10th Sep 2008 There are likely to be trees within the vicinity of the Surveyor proposed development that may be affected therefore a tree survey in accordance with the British Standards should be carried out.

There is a woodland TPO adjacent and aerial photos indicate that there may be other trees within the curtilage that should be protected in accordance with the tree survey.

NP Head Of Strategy 5th Dec 2008 No policy comments other than any permission And Policy must be tied to the use of the building as a holiday let not a permanent dwelling.

Powys County 9th Sep 2008 The proposed development site is within 50 metres Council of a historic land use (manufacture of paper Contaminated Land products). This is a potential contaminative use. Recommend conditions.

Page 66 of 147

Powys County 2nd Oct 2008 Application should be refused. The unclassified road Council Highways which serves this area is very narrow, steep and includes blind bends over its relatively short length, its junction with the class III road is very steep and has very poor visibility.

Additional traffic will exacerbate the hazards already experienced and for this reason I recommend that the application be refused.

Vale Of Grwyney 17th Sep 2008 No Objections Community Council

CONTRIBUTORS Matthew Williams, BBNPA,

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

None received to date.

RELEVANT POLICIES

P1P3: “Part 1 Policy 3 Cultural Heritage” (Unitary Development Plan 2007) P1P4: “Part 1 Policy 4 Access to Opportunities” (Unitary Development Plan 2007) G3: “Development in the National Park” (Unitary Development Plan 2007) G4: “Development Affecting Trees” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) Q11: “Sites of Archaeological Importance” (Unitary Development Plan 2007) ES24: “Conv of Farm + Other Bldgs to Dwellings” (Unitary Development Plan 2007) H2: “Development and the Risk of Flooding” (Unitary Development Plan 2007) LPG3: “Development in the National Park.” (Local Plan 1999) LPG6: “Development in the National Park.” (Local Plan 1999) LPG7: “Design and energy conservation.” (Local Plan 1999) LPG8: “Accessibility and safety.” (Local Plan 1999) LPG10: “Development and flood risks.” (Local Plan 1999) LPT4: “Buildings for holiday accommodation.” (Local Plan 1999) P1P2: “Part 1 Policy 2 Biodiversity and Earth” (Unitary Development Plan 2007)

PLANNING HISTORY App Ref Description Decision Date

08/01909/FUL Two storey extension Permit 05.01.2009

K6111 Conversion of outbuilding to garage Permit 20.01.1983

Page 67 of 147

OFFICER’S REPORT

This application is being reported to the Planning, Access and Rights of Way (PAROW) Committee as the recommendation of your officers is for the approval of this application contrary to a Highway Authority recommendation to refuse.

This application seeks full planning permission to convert an existing garage into one holiday letting unit together with the provision of an associated hardstanding area at The Old Mill, Llangenny. The site is located in open countryside outside any settlement development boundaries as defined by the Brecon Beacons National Park Unitary Development Plan 2007 (‘the UDP’) and the Brecon Beacons National Park Local Plan 1999 (‘the Local Plan’). Application K6111 was approved in 1983 for the conversion of the old cart shed into a double garage. An application for a two storey extension to the host property, The Old Mill, was approved in January 2009 under reference 08/01909/FUL.

SITE DESCRIPTION

The Old Mill, Llangenny is a detached dwelling within a rural location sited with a cluster of other dwellings. It is a split level property of stone, tiled roof and timber cladding. The garage itself is sited to the west of the property and on lower ground level adjacent to the existing access lane. The garage measures 6.25 metres in width, 6.1 metres in depth and has a ridge height of 5.2 metres. It is currently split into two levels and has an existing garage door to the front elevation and a window and two roof-lights to the rear. It has been constructed from natural stone and a slate roof. Neighbouring properties within the surrounding area are of similar design and exterior finish, with some render. The host property has a large garden area and a small brook runs through the site. The access lane runs to the front of the property and parking is accommodated opposite. A public right of way also abuts the front of the property. The Old Mill is identified on the constraints as a county treasure. A group of trees to the rear of the garage has been designated as a Tree Preservation Order (TPO) and comprises ash, oak, alder and mixed thorn species.

PROPOSAL

It is proposed to convert the garage into a 1 bedroom holiday let, creating a ground floor open plan living/dining area, kitchen and toilet. A staircase is proposed to gain access to the loft which would accommodate a single bedroom and bathroom. An additional roof light is proposed to the front elevation and the existing roof lights to the rear elevation would be moved to a new position. The garage door to the front elevation is replaced by two large glazed windows and a new glazed screen and door. The garage is set back 4 metres from the adjoining access lane, which provides sufficient parking provision to the front.

Page 68 of 147 CONSIDERATION

Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework. This application is considered against Part 1 Policies 2, 3 and 4 and detailed policies G3, G4, G6, Q11, ES24 and H2 of the UDP and policies G3, G6, G7, G8, G10 and T4 of the Local Plan. Local Plan policies will only be considered where they differ significantly from their UDP counterparts.

PRINCIPLE OF DEVELOPMENT

As stated above, the site is located outside any defined settlement development boundaries where there is a presumption against development unless other policies or material considerations indicate an exception should be made. In this case, the enabling policies are ES24 of the UDP and T4 of the Local Plan. ES24 relates to the conversion of rural buildings to dwellings outside development boundaries. In this case, the proposal satisfies the requirements of criterion i) of policy ES24 whereby the proposed holiday let use demonstrates that the applicant has secured a suitable tourism use for the site and the proposal also complies with requirements a) to e) of policy ES24. Local Plan policy T4 refers more specifically to conversion into tourist uses which will be permitted where i) the character of the building is retained and ii) no new vehicular access will be created. The proposal involves very minor alterations to the existing building which do not have a significantly adverse impact on its character. Alterations to the existing access are proposed however it is not proposed to create a new vehicular access. The proposal thus complies with policy T4 of the Local Plan. The principle of development is therefore established.

VISUAL AMENITY

Policy G3iii) aims to ensure that the scale, form, design, layout, density, intensity of use and use of materials will be appropriate to the surrounding area and will maintain or enhance the quality and character of the Park’s landscape and built environment. Policy G6 refers to design and states that development will be expected to meet the WAG’s key design objectives and respond to the local context. Policy ES24 refers to the conversion and rehabilitation of rural buildings to residential use and that they should be considered against their suitability for conversion without having a detrimental impact on the National Park.

The proposed garage conversion would visually involve the replacement of a double garage door to glazed panels and access door. It would also involve the introduction of a small roof light to the front elevation and the re-location of the rear roof-lights. There are no other proposed openings or alterations, and therefore it is not considered to have an adverse impact on the visual amenity of the surrounding area or an effect on the character of the existing building. The building is considered appropriate for the use

Page 69 of 147 proposed which is capable of conversion without major or complete reconstruction. Due to the nature of the proposed use comprising only one bedroom, the proposal is unlikely to lead to a dispersal of activity on such a scale as to prejudice the vitality of this area of the National Park. It is not considered that the use of the garage as a holiday let would not give rise to a demand for additional buildings which would have an unacceptable impact on the landscape of the National Park. It is therefore considered that the proposed conversion of the garage to a holiday letting unit is in accordance with the relevant requirements of policies G3, G6 and ES24 of the UDP.

NEIGHBOURING AMENITY

Policy G3v) of the UDP aims to ensure that any proposed development does not have an unacceptable impact on the amenity of the area, adjacent properties or the general public. The garage is sited within the garden of The Old Mill and is in close proximity to Millbrook Cottage and ‘Pax’. Officer consider that, due to the nature of the proposed use with no additional window openings other than the replacement of the front garage door, the proposal is unlikely to have a significantly adverse impact on the privacy or amenity of neighbouring properties. The proposal is thus considered to be in accordance with policy G3v) of the UDP.

ACCESS AND HIGHWAYS

Criteria vii) and ix) of UDP policy G3 require development proposals are compatible with the National Park road hierarchy and within the capacity of existing approach roads, do not have an unacceptable impact on traffic circulation and highway safety and provide adequate means of access and parking space to cater for traffic generated. Powys County Council as Highways Authority states that the road which serves the area is unclassified and very narrow, steep and includes blind bends over its relatively short length. The response goes on to state that the junction with the class III road is very steep and has very poor visibility and additional traffic would exacerbate the hazards already experienced in this area.

The comments received from Powys County Council as Highways Authority have been balanced against other considerations. It is relevant in this case to consider the current use of the road which serves a cluster of existing dwellings in the vicinity. The existing access is an unclassified single track with limited passing places and it is acknowledged that the highway is narrow, with blind bends and is steep. Given the nature and location of the road is likely to be used by those familiar with the road and by slow moving agricultural vehicles. Access to the proposed garage conversion will be via the same narrow access from the class III road and is in close proximity to the existing access. Due to the nature of the proposed use of the building as a one bedroom holiday let the accommodation provided is unlikely to encourage more than one additional vehicle at any one time. Furthermore, a new access and hardstanding is proposed to the rear of the garage which would provide additional parking and turning area.

Contrary to the recommendation for refusal from the Highways Authority, officers

Page 70 of 147 consider that the proposal is not of a scale that would generate an increase in traffic which would compromise highway safety and traffic circulation in this area of the National Park. Officers thus consider that the objection on highway safety grounds cannot be upheld and the proposal thus complies with criteria vii) and ix) of UDP policy G3.

FLOOD RISK

The application site lies partially within zone C2 refereed to under TAN 15 Development and Flood Risk (July 2004) however it lies outside the extreme flood outline. There is no record or awareness of any flooding having occurred on the site and no objection is raised by the Environment Agency. The proposal is thus considered to be in accordance with the requirements of UDP policy H2.

ECOLOGY AND BIODIVERSITY

An internal and external inspection of the building was conducted by the National Park’s Ecologist which found no evidence of bats. It is recommended that an informative note be included on any permission advising the procedure if bats are discovered during works.

CONTAMINATED LAND

Survey maps indicate that the proposed development site is within 50 meters of a historic land use, which was the manufacturing of paper products and this is a potential contaminative use. If Members are minded to approve the application, a condition is attached indicating that of evidence of contamination is found in or around the development area, development must not proceed until a report on potential contamination of the site has been prepared and approved by the Local Planning Authority.

TREES

Woodland to the rear of the existing garage building is identified as being protected by a Tree Preservation Order (TPO). This woodland TPO is located to the North East of the garage. The National Park’s Rural Practice Surveyor states that there are likely to be trees within the vicinity of the proposed development that may be affected and requests a tree survey be carried out in accordance with British Standards. Your officers note that the holiday let itself proposes no alterations to the footprint of the existing building and that the proposed hardstanding has been reduced to take up a lesser area of land. Officers do not consider it reasonable to request a tree survey in this instance and are of the opinion that the proposal complies with the requirements of UDP policy G4.

COUNTY TREASURE

Due to the nature of the proposals, officers do not consider that there will be a

Page 71 of 147 significant adverse effect on features of archaeological interest or local cultural importance and their settings. The proposal thus accords with the requirements of UDP policy Q11.

CONCLUSION

On balance, and for the reasons outlined above, the proposal is considered to be in accordance with Part 1 Policies 2, 3 and 4 and detailed policies G3, G4, G6, Q11, ES24 and H2 of the UDP and policies G3, G6, G7, G8, G10 and T4 of the Local Plan and is therefore recommended for approval subject to conditions.

RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development hereby approved shall be carried out strictly in accordance with the approved plans (drawing nos. NP1v1 and NP3v1 rec. 19.06.2008; and NP4v1 rec. 31.03.2009) and the schedule of materials indicated thereon, unless otherwise agreed in writing by the Local Planning Authority. 3 If evidence of contamination is found in or around the development area, development must not proceed until a report on potential contamination of the site has been submitted to and approved in writing by the Local Planning Authority. The report shall be prepared by an appropriately qualified person and shall include a phased investigation approach, incorporating risk assessment, to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 4 The building which is the subject of this application shall be used for holiday accommodation only and for no other purpose including any other purpose within Class C of the Schedule of the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification. 5 The unit of accommodation shall not be let to or occupied by any one person or group of persons for a continuous period of longer than 3 months in any one year and in any event shall not be used as a permanent accommodation. A register of such lettings, including the names and main home addresses of guests, shall be kept up-to-date and made available for the Local Planning Authority to inspect at all reasonable times. 6 The holiday let accommodation hereby approved and the dwelling known as The Old Mill shall not be sold separately from each other. 7 This permission does not authorise any works to trees included in the DC/018/1 Tree Preservation Order. Any work shall be the subject of an application for consent to the Local Planning Authority, in accordance with the provisions of the Tree Preservation Order and the law on Tree Preservation Orders in force at

Page 72 of 147 the time of the application.

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 and to protect the general character and amenities of the area. 3 The site lies within 50 metres of a historic and potentially contaminative use. 4 The Local Planning Authority is not prepared to allow the introduction of a separate unit of residential accommodation in this location. 5 To ensure the approved holiday accommodation is not used for permanent residential accommodation as independent use of the building would result in a form of development out of character with the surrounding area. 6 It would be contrary to the policies of the Local Planning Authority to grant consent for a separate dwelling in this location. 7 To ensure the proper care and maintenance of the trees.

Informative Notes:

1 Please refer to Environment Agency Standard Advice (enclosed) 2 Countryside Council for Wales (CCW) is the first point of contact on any matter relating to bats. If any evidence of bats is found, they should be contacted immediately. Advice, and any necessary assistance, will be given as promptly as possible. 3 Further advice on compliance with condition 3 and Powys County Council's guidance leaflet on development of sites with potential land contamination may be obtained by contacting the Environmental Health Service on 01597 827292.

Page 73 of 147

ITEM NUMBER: 6

APPLICATION NUMBER: 08/01969/FUL APPLICANTS NAME(S): Mr Chris Taylor SITE ADDRESS: 4 Cefn Cantref Cefn Cantref Brecon Powys LD3 8LT GRID REF: E: 303635 N:226656 COMMUNITY: Llanfrynach DATE VALIDATED: 12 August 2008 DECISION DUE DATE: 11 November 2008 CASE OFFICER: Mr Rhodri Davies

PROPOSAL Proposed temporary change of use of agricultural land to Gypsy traveller site and associated works ADDRESS 4 Cefn Cantref, Cefn Cantref, Brecon

CONSULTATIONS/COMMENTS Consultee Received Comments

Page 74 of 147 Environment Agency 28th Aug 2008 No objection to the application. Their generic Wales information note to developers was included with their response.

Llanfrynach 9th Sep 2008 The Community Council object to the development Community Council on the following grounds:

- A temporary site for 2 years is unacceptable - Cefn Cantref is an area of outstanding natural beauty, an environmentally sensitive area and a habitat of great crested newts - The site was formerly a working small-holding that could provide a livelihood for a local farming family - The scheme is a development in the open countryside - The scheme is contrary to Circular 30/2007 Planning for Gypsy and Traveller Caravan Sites. - The scheme has blighted neighbouring development sites. - Increased traffic along narrow lanes. - The site is often waterlogged, - The method of drainage/sewerage is unclear, - Lack of water supply and water pressure. - Contrary to Policy ES31 of the UDP. - The site is not suitable for caravans due to the severe weather conditions.

NP Head Of Strategy No comments received to date. And Policy

Llanfrynach 19th Aug 2008 Requested that the consultation period be extended Community Council due to the complexity of the proposal and the number of objections.

Countryside Council 10th Sep 2008 CCW does not object to the proposal but would For Wales recommend conditions to minimise the impact of the scheme.

Powys County 5th Nov 2008 The County Council's Highways Offcier has objected Council Highways to the proposal and recommends that the application be refused. The highway network serving this site is generally sub-standard in terms of widths, alignments and gradients and is considered unsuitable for significant volumes of additional traffic.

Page 75 of 147 This point is particularly relevant to the stretch of Bailihelig Road from Church Street to Llanfaes School when travelling directly to or from Brecon. It is not only too narrow for two vehicles to conveniently pass but also has a very narrow pedestrian refuge.

The extra traffic generated by twelve units of accommodation would exacerbate the substandard conditions and would be detrimental to highway safety.

Countryside Council 8th Sep 2008 CCW does not object to the proposal, but For Wales recommend conditions to minimise the impacts of the scheme. They also note that Creat Crested Newts have recently been discovered in the immediate vicinity of the application site and other great crested newt records exist within 250 metrews of this site. Development may only proceed under a licence issued by the Welsh Assembly Government. They confirm that they have worked closely with the applicant and their consultants since the great crested newts were discovered and they have subsequently assessed the survey and mitigation report. They consider that the mitigation within the report is adequate. However, CCW request that the following conditions be applied:

- No works should take place on the site until a European Protected Species Licence is obtained from the Welsh Assembly Government

- All work on site must be carried out in full compliance with the Great Crested Newt mitigation and enhancement scheme set out in the survey and mitigation report by Capita Symonds (July 2008)

Brecknock Wildlife 2nd Sep 2008 The Trust object to the application on the following Trust grounds:

- Inadequate information regarding the impact of the development on a European Protected Species.

- Development contravenes BBNP policy G3 regarding development in the national park.

Page 76 of 147 The Trust also noted that there are records for Great crested newts within 200 metres of the development site and requested a survey be undertaken and CCW be consulted.

CONTRIBUTORS V Sullivan, 2 Cefn Cantref, Cantref C Herring, Bailyhelig Farm, Bailyhelig Road J Wiggins, 2 Cefn Cantref, Cantref Mrs N M Davies, Berllan Bungalow, Cantref Tim Organ, Lower Galfog, Llanigon Tim Organ, , Bywyd Developments

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

Neighbours were notified, site notices were erected (24th August, 2008) and an advert was placed in the Brecon and Radnor Express (21st August, 2008).

Numerous concerns have been raised by local residents and a number of letters of objection have been received. The application has also been the subject of a complaint to the Ombudsman.

The following is a summary of the issues raised:

The period of time applied for (2 years) Adverse impact on the nearby development site at Cefn Cantref Farm The use of the house as well as the caravans The retrospective nature of the application The impact of the development on the small community of Cefn Cantref Poor pedestrian and vehicular access to the site Increased traffic levels (police, sewage vans etc.) The adverse effect of the proposal on the natural beauty of the National Park The unsuitable weather conditions for a caravan site including high winds and rain The potential damage to protected species Proliferation of external lighting The setting of a precedent in the National Park The scheme is contrary to numerous National Park Authority planning policies It is not possible to effectively landscape and screen the site Loss of privacy, particularly to No. 5, Cefn Cantref Lack of water pressure in the area Dogs could be a nuisance to livestock Potential pollution from the site The use of the site will require excessive support from the social services, emergency services, utility and waste collection services The site is not suitable for associated trades/businesses

Page 77 of 147 RELEVANT POLICIES

G3: “Development in the National Park” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) Q3: “Sites of Importance for Nature Conservation” (Unitary Development Plan 2007) Q4: “Protected and Important Wild Species” (Unitary Development Plan 2007) Q5: “Biodiversity and Development” (Unitary Development Plan 2007) ES11: “Protection of Agricultural Land” (Unitary Development Plan 2007) ES31: “Sites for Gypsies and Travellers” (Unitary Development Plan 2007) ES39: “Boundary Features” (Unitary Development Plan 2007) ES47: “Water and Sewage Supply for New Development” (Unitary Development Plan 2007) ES48: “Use of Non Mains Sewerage Solutions” (Unitary Development Plan 2007) LPG1: “Conformity” (Local Plan 1999) LPG3: “Development in the National Park.” (Local Plan 1999) LPG7: “Design and Energy Conservation.” (Local Plan 1999) LPCL3: “Wildlife and landforms.” (Local Plan 1999) LPAG1: “The protection of agricultural land” (Local Plan 1999)

PLANNING HISTORY App Ref Description Decision Date

P21086 Proposed removal of existing Application 19th Oct 2005 structures and erection of Permitted agricultural building on foot print

06/00576/FUL Retention of lean-to agricultural Application 6th Dec 2006 implement shed Permitted

OFFICER’S REPORT

Site Description and Proposal

The site is based on a vacant small holding (4, Cefn Cantref) within the countryside and the Llanfrynach Community Council boundary as identified within the Brecon Beacons National Park Unitary Development Plan. It is approximately 2 miles to the south of Brecon. The site is generally level and is surrounded by open countryside save for farm complexes at No. 5 Cefn Cantref to the south west and Cefn Cantref Farm to the north east.

Prior to the farm being used as a temporary gypsy traveller site and the arrival of the caravans in July 2008 the site accommodated a farmhouse with associated garden/lawned area, a chicken run/vegetable patch, agricultural style steel sheds and

Page 78 of 147 areas of hardstanding. Access to the site is via a country lane off Bailihelig Road which bounds the south of the site.

The site is to the west and within 250 metres of an existing pond which has been identified as an established Great Crested Newt habitat. The farm and surrounding land are owned by Powys County Council.

The planning application seeks retrospective planning permission for the temporary (2 years) siting of 12 No. residential gypsy traveller caravan pitches on hard standing pitches to the north and west of the existing farm complex; the demolition of an existing single storey garage building; the construction of an inner access road and verge, the provision of pedestals/stands to provide electricity and water, the erection of an amenity block (consisting of toilet and washing facilities) and a refuse/recycling area (including the disposal of toilet waste) and the planting of a 2m high woven willow fence to screen the site. The amenity block/refuse point will be contained within the existing barns.

In addition to the above, it is proposed to utilise the ground floor facilities of the farm house including clothes washing, food preparation in the kitchen, a meeting room/communal room. The existing septic tank will be emptied on a regular basis by Powys County Council. Each 13m x 8m pitch will include sufficient space for a touring caravan plus two vehicles.

In terms of the background to this application, the Smith family previously established an unauthorised encampment in a lay-by on the edge of the A470 at Libanus. The family then vacated the site and established a number of unauthorised encampments around the wider Brecon area, including Brecon Theatre Car Park. This retrospective application for temporary consent is intended as a stop gap until a permanent public Gypsy Traveller caravan site is established at Twyn yr Odyn Farm, Llanfilo. The Smith family do not intend to operate a business from the application site.

History

The site has been the subject of two previous planning applications but both related to the agricultural use of the site and new farm buildings.

Appraisal

Under the Brecon Beacons National Park Adopted Local Plan (1999) the site is identified as falling within countryside. As such only those Local Plan Policies which relate to this type of development and are not contrary will be quoted.

Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework.

Page 79 of 147 This application is considered against detailed policies G3, G6, Q3, Q4, Q5, ES11, ES31, ES39, ES47 and ES48 of the UDP and policies G1 G3, G7, CL3 and AG1 of the Local Plan.

Policy ES31 (Sites for Gypsies and Travellers) states that:

Gypsy and travellers’ caravan sites will be permitted where: i) the proposed development will not adversely affect wildlife, habitats, landforms, archaeological and cultural features; ii) the proposed development will not adversely affect the character, amenity and natural beauty of the National Park and shall be designed in local materials and be adequately screened; iii) the proposed development will not adversely affect the amenity and privacy of existing buildings, or the utility and security of neighbouring buildings and land uses; iv) the proposed site will be provided with a satisfactory level of services; and v) the proposed site will have an adequate means of access, and traffic to or from the site will not adversely affect highway safety.

The preamble to this policy states that “The NPA has no legal requirement to provide sites for gypsies or travellers. However proposals for the provision of private sites may well be received. It is prudent therefore to set out the conditions to be satisfied for any site on which gypsies and travellers were to take up permanent or temporary residence.”

Paragraph 9.2.20 of Ministerial Interim Planning Policy Statement (MIPPS) 01/2006 - Housing (Planning Policy Wales) states that:

“Local authorities are required to assess the accommodation needs of Gypsy families.21 It is therefore important that local planning authorities have policies for the provision of Gypsy sites in their development plans. In drawing up policies local planning authorities should consult with providers of social housing, representatives of Gypsies and Travellers and landowners in areas likely to be appropriate for Gypsy sites in accordance with their Community Involvement Scheme. Appendix F of the Local Housing Market Assessment Guide (Welsh Assembly Government, 2006) provides advice about how such assessments should be undertaken.”

The relevant sections of the Welsh Assembly Government Circular 30/2007 “Planning for Gypsy and Traveller Caravan Sites” are as follows:

“3. For the purposes of this Circular "Gypsies and Travellers" means: “persons of nomadic habit of life whatever their race or origin, including such persons who on grounds only of their own or their family’s or dependants’ educational or health needs or old age have ceased to travel temporarily or permanently, but excluding members of an organised group of travelling show people or circus people travelling together as such.”

Page 80 of 147

“8. A more settled existence can prove beneficial to some Gypsies and Travellers in terms of access to health and education services, and employment and can contribute to greater integration and social inclusion within local communities. Nevertheless the ability to travel remains an important part of Gypsy and Traveller culture. Some communities of Gypsies and Travellers live in extended family groups and often travel as such. This is a key feature of their traditional way of life that has an impact on planning for their accommodation needs.” “13. Advice on the use of temporary permissions is contained in paragraphs 108-113 of Welsh Office Circular 35/95, “The Use of Conditions in Planning Permissions.” Paragraph 110 advises that a temporary permission may be justified where it is expected that the planning circumstances will change in a particular way at the end of the period of the temporary permission. In cases where there is: - unmet need and; - no available alternative Gypsy and Traveller site provision in an area and; - a reasonable expectation that new sites are likely to become available at the end of that period in the area which will meet that need; local planning authorities should give consideration to granting a temporary permission where there are no overriding objections on other grounds.”

“14. Such circumstances may arise, for example, in a case where a local planning authority is preparing its site allocations as part of the LDP. In such circumstances, local planning authorities are expected to take into account the consequences of the unmet need in considering whether a temporary planning permission is justified. The fact that temporary permission has been granted on this basis should not be regarded as setting a precedent for the determination of any future applications for full permission for use of the land as a caravan site. In some cases, it may not be reasonable to impose certain conditions on a temporary permission such as those that require significant capital outlay nor indeed may it be reasonable to grant temporary planning permission where such an outlay is required.”

“26. Sites on the outskirts of built-up areas may be appropriate. Sites may also be found in rural or semi-rural settings. Rural settings, where not subject to specific planning or other constraints, are acceptable in principle. In assessing the suitability of such sites, local authorities should be realistic about the availability, or likely availability, of alternatives to the car in accessing local services. Over rigid application of national or LDP policies that seek a reduction in car borne travel would not be appropriate as they could be used to effectively block proposals for any Gypsy and Traveller Site in a rural location. Sites should respect the scale of and not be so large as to dominate the nearest settled community serving them. They should also avoid placing an undue burden on the local infrastructure.”

“27. In some cases, perhaps involving previously developed (brownfield), untidy or derelict land, the establishment of a well-planned Gypsy and Traveller site (e.g. one which incorporates appropriate soft landscaping) can be seen as positively enhancing the

Page 81 of 147 environment and increasing openness.”

“36. Section 54A of the Town and Country Planning Act 1990 (in the case of UDPs) and section 38 of the Planning and Compulsory Purchase Act 2004 (in the case of LDPs) provide that determinations of applications for planning permission shall be made in accordance with the development plan unless material considerations indicate otherwise. Other considerations for Gypsy and Traveller site applications will usually include the impact on the surrounding area, the existing level of provision and need for sites in the area, the availability (or lack of) alternative accommodation for the applicants and their specific personal circumstances.”

Circular 30/2007 provides updated guidance on the planning aspects of finding sustainable sites for Gypsies and Travellers and how local authorities and Gypsies and Travellers can work together to achieve this aim. It supersedes advice contained in Circular 2/94 “Gypsy Sites and Planning” which is cancelled.

The retrospective application, made by Powys County Council, has been the subject of numerous objections from neighbours and is recommended for refusal by Powys County Council Highways Department.

Visual Impact and Landscaping

Policy G3(i)(iii) aims to ensure that development does not have a detrimental impact on the visual amenity of the area and impact upon the special qualities of the National Park. Criteria (iv) of policy G3 requires that the proposed development is integrated successfully into the landscape. Policy ES31 ii) requires that the development will not adversely affect the character, amenity and natural beauty of the National Park and be adequately screened. The 12 No. caravan pitches are required to potentially accommodate other members of Mr. And Mrs. Smith’s family, an extended family of Romany Gypsies, although only around 8 No. caravans are on site at the time of writing this report.

The layout of the site is designed around the existing farmhouse and agricultural buildings and utilises the existing access. The proposal uses existing landscape features and proposes to introduce new landscaping to successfully screen the temporary development into the existing surrounding rural landscape. It is considered that the introduction of additional fencing and the enhancement of existing boundary hedgerows will further limit the potential impact of the scheme on the visual amenities of the area.

Neighbouring Amenity

Criterion v) of policy G3 covers the impact of proposals on neighbouring amenity. Policy ES31 iii) requires that the development will not adversely affect the amenity and privacy of existing buildings. Concerns have been raised that the proposal will impact upon the amenities of neighbouring properties. The nearest property (No. 5 Cefn

Page 82 of 147 Cantref) lies approximately 25m to the south east of the application site on the opposite side of the country lane. The gypsy traveller site will be strictly managed by Powys County Council to ensure that the amenities and privacy of neighbouring occupiers are preserved in terms of overlooking, noise, litter, air and ground pollution.

On balance, the development is not considered to have a significantly detrimental impact on the amenities of neighbouring residential properties provided that the site is controlled. The proposal is therefore considered to comply with the relevant considerations of UDP policies.

Highways

Criterion vii) of policy G3 requires that all proposals are compatible with the road hierarchy in that it is within the capacity of existing approach roads and does not have an unacceptable impact on traffic circulation or highway safety. Criterion ix) requires that adequate means of access and parking space can be provided to cater for the traffic generated by the proposal. Policy ES31 v) relates to the requirement for an adequate means of access and stipulates that traffic to and from the site will not adversely affect highway safety. Policy ES38 relates to road layouts and open spaces and requires road layouts to be clear to motorists and highly accessible and any new roads should be drained and finished to an adoptable base course standard (criterion iii).

The Highways Authority has recommended that the application be refused based on the substandard highway network and the associated increase in traffic movements to and from the site to the detriment of highway safety. Concern has been raised by local residents with regards to the level of traffic generated by the site. The application proposes to use the existing access into the site and once the caravans are in place it is envisaged that traffic movements will be comparatively low when compared to a housing development. The country lane is not heavily used at present and it is considered that the short term temporary use of this land as a gypsy traveller site will not significantly exacerbate the existing sub-standard highway conditions. The applicant has also confirmed that the Smith family will not be operating a business from the premises.

Therefore, officers are of the opinion that the proposal does not raise a significant highway safety issue in this instance. On balance, officers consider that the proposal complies with the relevant provisions of UDP policies G3, ES31 and ES38.

Service Infrastructure

Policy ES47 aims to ensure that development will only be permitted where an adequate water and sewerage infrastructure exist or can be provided. Policy ES48 i) stipulates that the use of non-mains sewerage will only be permitted where connections to the public sewerage system are not feasible in terms of either cost or practicability. Policy ES31 iv) requires that a gypsy traveller site should be provided with a satisfactory level of services.

Page 83 of 147

Concerns have been raised by local residents at the lack of water pressure in the area and the potential overloading of the existing private sewerage system (septic tank). The application site is not connected to the main sewerage system and the proposed amenity block will include the existing septic tank which will be emptied at least once a week by Powys County Council. Each pitch will be provided with its own water stand pipe and electricity point. Officers consider that the proposal complies with the relevant provisions of UDP policies ES31, ES47 and ES48.

Biodiversity

Policy G3(i) aims to ensure that development does not have a detrimental impact on the wildlife within the National Park. Policy Q4 states that proposals on land that supports protected species will be permitted if the need for the development outweighs the nature conservation importance of the site and the criteria for derogation are met; measures are provided to contribute to species and habitat conservation targets and the developer can prove that the disturbance of the species is kept to a minimum or alternative areas are provided to sustain at least the current levels of populations affected by the proposal. Policy ES31 i) requires that the development will not adversely affect wildlife or habitats.

The site is within 250m of a pond that sustains Great Crested Newts, a European Protected Species. Records of Great Crested Newts within 500m of a development site trigger the need for an assessment of any potential impacts on this species from proposed development. The developer has undertaken a habitat survey and the Countryside Council for Wales has worked closely with Powys County Council and consultants and assessed the survey and the proposed mitigation measures within the report. The mitigation measures include the creation of a new pond on land owned by Powys County Council.

CCW are satisfied with the content of the report and have confirmed that a Licence is required from the Welsh Assembly Government and that all works must be carried out in full compliance with the Great Crested Newt mitigation and enhancement scheme set out in the survey and mitigation report by Capita Symonds. The applicant has applied for a licence but the Welsh Assembly Government cannot issue the licence until planning permission is approved.

Therefore, provided that these two issues are conditioned, officers consider that the proposal complies with the relevant provisions of UDP policies G3, Q4 and ES31.

Other Material Considerations

Although the site was occupied in July 2008, the application was submitted to the Brecon Beacons National Park Authority in August 2008. Powys County Council has applied for a 2 year temporary consent which would effectively run to August 2010.

Page 84 of 147 However, an application has been submitted to Powys County Council for a permanent gypsy traveller site and associated works on land adjacent to Twyn yr Odyn Farm, Llanfilo (App. No. P/2009/0115). Powys County Council have intimated that the project plan timetable for the completion of this replacement scheme is the end of December, 2009 although this date is dependent on planning permission, grant funding from WAG and agreeing terms and conditions with the landowners.

It is therefore considered reasonable to allow a temporary planning permission for a 12 month period from the consent date (i.e. April 2010) in line with paragraph 13 of WAG Circular 30/2007 which advises that a temporary permission may be justified where it is expected that the planning circumstances will change in a particular way at the end of the period of the temporary permission in cases where there is a reasonable expectation that new sites are likely to become available at the end of that period.

It is also considered that this temporary permission will not set a precedent for the determination of applications for full permission for the use of the land as a caravan site, as advised in paragraph 14 of the Circular.

RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v1, NP2v2, NP3v2 and NP4v1), unless agreed otherwise in writing by the Local Planning Authority. 2 The use hereby permitted shall be discontinued and the land restored to its former condition on or before 21st April 2010 in accordance with a scheme of work submitted to and approved by the Local Planning Authority. 3 No more than 12 No. caravans shall be stationed on the site at any one time. 4 Details of any external lighting proposed to illuminate the development shall be submitted to and approved in writing by the National Park Authority within 3 months of the date of permission. Development shall be carried out in accordance with the approved details and there shall be no other external illumination of the development. 5 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, unless the Local Planning Authority gives written consent to any variation. If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5 year defects period. 6 Within three months of the date of this consent, the proposed mitigation measures for protected species shall be implemented fully in accordance with the ecology report prepared by Capita Symonds dated July 2008, unless otherwise

Page 85 of 147 agreed by the National Park Authority.

Reasons:

1 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 2 The National Park Authority is not prepared to permit a permanent gypsy traveller site in this location other than on a temporary basis having regard to the special circumstances of the case. 3 To clarify the terms of the permission and minimise visual intrusion. 4 To safeguard local amenities. 5 In order to protect the visual amenities of the area. 6 To safeguard the interests of the protected Great Crested Newts in accordance with Policy Q4 “Protected and Important Wild Species” of the Unitary Development Plan 2007. Informative Notes:

1 You are advised that there are species protected under the Wildlife and Countryside Act, 1981 and listed under schedules 2 or 4 of the Conservation (Natural Habitats & c.) Regulations 1994, within the site and that further works of site clearance, demolition or construction shall not take place until the necessary licence to disturb any such species has been granted by the Welsh Assembly Government in accordance with the aforesaid regulations. 2 The applicant is reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) to remove or work on any hedge where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built. It is also an offence to take or destroy an egg of any wild bird even where that is done pursuant to lawful authority or requirement if the taking or destroying could reasonably have been avoided in carrying out the prescribed or authorised work on the hedge. The applicant is further reminded that Part 1 of the Wildlife and Countryside Act 1981 sets out the statutory protection which is afforded to wild animals and plants. Some animals are also protected under their own legislation (for example the Protection of Badgers Act 1992).

Page 86 of 147

ITEM NUMBER: 7

APPLICATION NUMBER: 08/02046/OUT APPLICANTS NAME(S): Mr And Mrs D East SITE ADDRESS: Land Adjoining St. John's Close Tretower Crickhowell Powys GRID REF: E: 318710 N:221262 COMMUNITY: Llanfihangel Cwmdu DATE VALIDATED: 18 August 2008 DECISION DUE DATE: 13 October 2008 CASE OFFICER: Mr Lloyd Jones

PROPOSAL Proposed erection of 2 No. dwellings ADDRESS Land Adjoining St. John's Close, Tretower, Crickhowell

CONSULTATIONS/COMMENTS Consultee Received Comments

Environment Agency 22nd Dec The Environment Agency's floodplain maps show Wales 2008 that the site in question is not within a fluvial

Page 87 of 147 floodplain and we have no record or awareness of any flooding having occurred to the site.

Powys County 17th Sep 2008 No comments Council Building Regulations

NP Head Of Strategy 31st Mar 2009 No policy objections in principle to these proposals And Policy

Powys County 12th Sep 2008 I consider the submitted information to be Council Highways insufficient upon which to base any comments on this application. Suggestion is made of pre- application advice and resolution of a substandard arrangement which is not evidenced and the extent of the proposed access overlap with the existing adopted highway varies significantly between the two plans potentially leaving inadequate width for two vehicles.

Even considering that this application is only in outline I am unable to confirm if appropriate access is achievable.

On the basis of this total lack of detail I consider the application should be refused in the interests of highway safety.

Mid Wales Trunk 18th Sep 2008 I would advise you that the following condition Road Agency (C/P) should be included in any consent you Authority may grant in respect of this application, in order to preserve the free flow and safety of trunk road traffic: There shall be no vehicular or pedestrian access from the development site to the trunk road and the sole means of access shall be from the adjoining St John's Close.

Cwmdu And District 3rd Oct 2008 Wish to make the following observations; Community Council 1. The proposed site is within the village development boundary, but the quadrant allowing access is not; 2. The land at the southern end of St Johns Close, which would be required to gain access to the site is currently an amenity area for residents, with a bench

Page 88 of 147 and trees. The owner of this piece of land is believed to be the PCC Highways Department, should not the applicant have served a Certificate B on the third party 3. If access were to be granted into the site, the loss of parking for both residents and visitors would be reduced drastically. What measures, if any would be put in place to overcome the lack of parking 4. Two x 2 storey buildings would be inappropriate on entering the village, in relation to the existing single storey bungalows and also the views of the Church and Tretower Castle Tower. 5. The application is for two dwellings, but the narrative mentions one dwelling, which is correct 6. Public Context Planning History - The site has no specific development brief that the applicant is aware of. The applicant is aware the site, plus the immediate adjacent site has been approved by the BBNPA as suitable for affordable housing. 7. There may be a privacy impact on the adjoining properties at Nos.3 and 4 and St Johns Close. 8. General comments - The accompanying background information refers to "resolution of existing significantly substandard potential access arrangement" - this is not explained either in words or in drawings.

There appears to be a copious amount of text describing how relevant and sympathetic the proposal will be but with no supporting evidence

While areas such as design, access, parking and landscape are mentioned there is no information within the background document to support this statement.

For the above reason the Community Council cannot support this application.

Clwyd Powys 14th Oct 2008 Information retained within the Regional Historic Archaeological Trust Environment Record indicates that this application falls in an area of high archaeological sensitivity. The development is situated within the medieval historic core of the village of Tretower and sub-surface archaeology related to former buildings, their

Page 89 of 147 associated deposits and artefacts of all periods are anticipated to survive here. The site lies just 100 metres east of nationally important scheduled monument remains including Tretower Court and remains of the medieval village layout.

The proposed development will disturb any such remains surviving here, but from present knowledge it is impossible to estimate how damaging this might be, and thus to frame an archaeological response. The planning authority appears to have insufficient information about the archaeological resource or the applicant's intended treatment of it, to make a balanced decision. As archaeology is a material consideration here I would advise that this application is not determined until this resource has been properly evaluated.

Welsh Assembly Government Planning Policy Wales (March 2002) and Circular 60/96 - Archaeology and Planning (Dec 1996) suggest that Planning Authorities should, where necessary, require applicants to supply a suitable archaeological assessment in support of an application.

I would advise that in order to allow sufficient time for an evaluation to be carried out, and the discussion of a subsequent mitigation strategy, the current application is deferred.

Brecknock Access 3rd Sep 2008 No Access Statement Group

Powys County 27th Oct 2008 No objections subject to conditions Council Highways

Clwyd Powys 2nd Apr 2009 The investigation revealed that there is medieval Archaeological Trust archaeology potentially relating to a timber framed building and associated deposits such as pits, gullies and post holes in the area of Unit 2 and its front garden. As the house foundation will need to be terraced into the hillside and there will be works to prevent flooding of the stream course to the north east there will certainly be an adverse impact on these remains.

Page 90 of 147

We would therefore recommend that the footprint of unit 2 and any ground disturbed by landscaping for the front garden, garage and access is fully excavated as a condition of consent to recover information on these archaeological features before they are destroyed.

I have enclosed a suitable condition which will allow this work to take place. The applicant will need to engage an archaeological contractor to complete this additional work and we will need to produce a design brief on request so that contractors can tender for the work.

CONTRIBUTORS Mrs H G Sweeting, 1 St Johns Close, Tretower Brecknock Access Group, Brecon War Memorial Hospital, Cerrigcochion Rd J W Williams, 4B St Johns Close, Crickhowell

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

The letters of objections received from the occupants of adjacent properties can be summarised as:

1. Loss of views of the Court and Castle from the A479; 2. Increase flood risk; 3. Loss of parking for existing properties at St John’s Close; and 4. Inappropriate form of development and would be detrimental to the interests of its residents.

RELEVANT POLICIES

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

Page 91 of 147 PLANNING HISTORY App Ref Description Decision Date

K8315 Outline planning permission for Refuse 03.11.1986 one dwelling house and garage

OFFICER’S REPORT

Introduction

This is an outline planning application for two dwellings on land adjacent to St John’s Close, Tretower with all matters reserved for subsequent approval.

Site Description

The application site comprises an irregular shaped parcel of land that measures 0.18 hectare. The site lies at the edge of the settlement of Tretower, and has a direct frontage of 38.0m on to the A479. This boundary is denoted by a traditional stone wall, although the application site itself lies at a lower level and slopes gently downwards to its southern boundary. A small stream runs along the north eastern boundary of the application site. Set at a minimum of 4.0m off the western boundary is a pair of semi- detached bungalows, Nos. 3 and 4 St John’s Close, which is one of a pair of four similarly designed properties that are served by this cul-de-sac. At the end of the cul-de- sac, a grass verge upon which a bench is located separates the site from the metalled road. However, it should be noted that this grass verge forms part of the adopted highway. Open countryside lies beyond the southern and eastern boundaries of the site. Tretower Court, a scheduled monument lies approximately 100m to the south.

Proposal

As discussed in the introduction this is an outline planning application with all matters reserved for subsequent approval.

Concerns were raised with the applicant’s agent on 17th September 2008 on how the development will be accessed and how two dwellings could be accommodated within the site that respects the existing pattern of development.

The submitted illustrative layout shows access via St John’s Close to the south west with two detached units located to the northern section of the site. Unit 1 will have an attached garage and will be set adjacent to the boundary with No.3 St John's Close, while unit 2 will be set 5.6m off the side elevation of unit 1, with a detached garage located 10m off the front elevation. Both units including the garage elements will have an approximate floor area of 106 square metres each.

Page 92 of 147 Planning Policy Context

Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework. This application is considered against policies G3, G6, Q11and Q12 of the Beacons National Park Unitary Development Plan (UDP) and policies LPG2, LPG3, LPG7, LPCL9, LPCL10 and LPH2 of the Local Plan. Local Plan policies will only be considered where they differ significantly from their UDP counterparts.

Policy G3 (iii) aims to ensure that the scale, form, design, layout, density, intensity of use and use of materials will be appropriate to the surrounding and will maintain or enhance the quality and character of the Park’s landscape and built environment.

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

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

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

Principle of Residential Development

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

Page 93 of 147 Visual Impact

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

Overall, it is considered that subject to suitable design and the provision of a detailed design and sustainability statement to accompany the reserved matters application, the site could be sensitively developed without adversely affecting the character and appearance of this part of the National Park.

Neighbour Amenity

The illustrative layout indicates the provision of two similarly designed dwellings, with the garage of unit 1 located adjacent to the boundary of No.3 St John’s Close. It is considered that the two dwellings can be designed so that they will not unduly impact on the amenities of adjacent properties served by St John’s Close. Nevertheless, this matter will be addressed upon the submission of the reserved matters.

Highway Safety

As discussed earlier in the report the illustrative layout shows that the proposed access will be via St John’s Close. An appropriate condition, in line with what was requested by the Mid Wales Trunk Road Agency will be added to any planning permission. Powys County Council Highways Section has confirmed that the adopted highway includes the strip of grass that currently separates the site from the made up road and that they have no objection to the development of this site for two dwellings. The proposal is therefore considered to be satisfactory on highway grounds.

Archaeological Implications

The submitted Archaeological Assessment identifies that a total of four trenches were excavated on the application site. Trenches 1 and 3 were dug on the site of unit 1, while trenches 2 and 4 were excavated on the site of unit 2. The report concluded that the majority of the proposed development site likely to be archaeologically sterile, although the area of trench 2 and between trenches 2 and 4 is likely to be more archeologically sensitive.

A copy of the Archaeological Assessment was sent to Clywd Powys Archaeological Trust who in their consultation response highlights that there is medieval archaeology potentially relating to a timber framed building and associated deposits such as pits, gullies and post holes in the area of unit 2 and its front garden. It is recommended that an appropriately worded condition be added to any planning permission to ensure that

Page 94 of 147 any archaeological features in the area of plot 2 shown on the illustrative plan are fully detailed. It is, therefore considered that subject to further excavation on the site that the proposal is acceptable in terms of its impact on the archaeological interests of the site.

Cwmdu and District Community Council

In relation to the concerns raised by the Community Council the report above has addressed most of the issues and those that have not will now be discussed. In terms of the land ownership of the strip of land, which accommodates a bench, a plan has been provided by Powys County Council Highways Section clearly showing that this land falls within the adopted highway. The applicant is not required to complete a certificate B. In relation to the loss of parking for existing residents, this is an issue that has not been raised by Powys County Council Highways Section offer no objection to the proposal. Finally, the application is made in outline with all matters reserved for subsequent approval. The planning application is purely seeking to establish whether the principle of the residential development of this site is acceptable. At the reserved matters stage, the Local Planning Authority will be able to make a full assessment of the reserved matters of layout, scale, appearance, access and landscaping. Moreover, the Local Planning Authority is committed to achieving the highest standard of design and it will be conditioned that the reserved matters are informed by both a design and sustainability statement.

Third Party Representations

With regards to the concerns raised by two neighbouring properties it is considered that as the scheduled ancient monument is some 100m from the application site and there is existing development between the site and Tretower Court, the proposal will not unduly impact its setting. The Environment Agency has been consulted on the application in relation to flood risk and has no objections, while access and loss of parking has been comprehensively discussed above. In relation to the concerns received from Brecknock Access Group, an access statement has been received that satisfies the statutory requirements.

Conclusion

Overall it is considered that the provision of two single dwelling on this site will not result in any visual harm to this part of the National Park, unduly impact on neighbour amenity or lead to a significantly adverse impact on highway safety. Finally, subject to a programme of archaeologcial excavation, the archaeological interest at the site will be safeguarded. The proposal is therefore in accordance with policies G3, G6, Q11and Q12 of the Brecon Beacons National Park Unitary Development Plan and policies LPG2, LPG3, LPG7, LPCL9, LPCL10 and LPH2 of the Local Plan.

Page 95 of 147 RECOMMENDATION: Permit

Conditions and/or Reasons:

1 Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. 2 The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last reserved matters to be approved, whichever is the later. 3 Approval of the details of the layout, scale, appearance, access and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced. 4 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v1 and NP2v1), unless agreed otherwise in writing by the Local Planning Authority. 5 The reserved matters of scale and appearance to be submitted shall be informed by a detailed design and sustainability statement which shall be submitted to and approved in writing by the Local Planning Authority. The statement shall show how the proposed design relates to its context and how the proposal will accord with the authority approved 'Guidance for Sustainable Design in the National Parks of Wales'. 6 There shall be no vehicular or pedestrian access from the development site to the trunk road (A479) and the sole means of access shall be from St John’s Close. 7 No development shall take place within the application area until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological excavation in accordance with a written scheme of investigation which has been submitted to the applicant and approved in writing by the local planning authority. The archaeological work will be undertaken to the standards laid down by the Institute of Field Archaeologists. On completion of site work and any post-excavation analysis a report on the investigation will be submitted to the Local Planning Authority and the Curatorial Section of the Clwyd-Powys Archaeological Trust for approval.

Reasons:

1 Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 2 Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 3 To enable the Local Planning Authority to exercise proper control over these aspects of the development. 4 To ensure adherence to the approved plans in the interests of a satisfactory

Page 96 of 147 form of development. 5 In the interests of achieving high quality sustainable design. 6 In order to preserve the free flow and safety of trunk road traffic 7 To allow the archaeological interests of the site to be recorded

Informative Notes:

1 The developer is advised to discuss with local residents an alternative location for the re-siting of the bench. 2 Please refer to Environment Agency Standard Advice (enclosed)

Page 97 of 147

ITEM NUMBER: 8

APPLICATION NUMBER: 08/02213/FUL APPLICANTS NAME(S): Secretary Of State For Defence SITE ADDRESS: Ammunition Compound Storage Area Building 54d Dering Lines Brecon Powys LD3 7RA GRID REF: E: 306689 N:228182 COMMUNITY: Brecon DATE VALIDATED: 30 October 2008 DECISION DUE DATE: 25 December 2008 CASE OFFICER: Mrs Kate Edwards

PROPOSAL Steel framed enclosed shelter for spent ammunition processing ADDRESS Ammunition Compound Storage Area, Building 54d, Dering Lines

CONSULTATIONS/COMMENTS Consultee Received Comments

Page 98 of 147 NP Head Of Strategy 26th Feb 2009 With reference to 08-02213-ful Ammunition And Policy Compound area; There are no specific policies regarding MOD development and that you would have to consider this application against policies G3 and G6. Furthermore, the proposal is in the countryside and despite the numerous building which exist on the Dering Lines site, I would be concerned to see further incremental growth of other associated buildings into the countryside. I consider therefore that the application should be advertised as a departure.

Powys County 3rd Dec 2008 Precise of response: Council Environmental The development is on former Military Land (as Protection shown on historic Ordnance Survey Maps). It will be necessary to condition any future consent so as to ensure that an potential contamination issues are adequately dealt with. Recommends imposition of conditions and a note which are to be attached to any planning permission.

The view of the Environment Agency should be sought and consultation maintained throughout the project.

Condition 1. Initial site investigation and risk assessment,

Condition 2. Submission of Remediation Scheme

Condition 3. Implementation of Approved Remediation Scheme

Condition 4. Reporting of Unexpected Contamination

Condition 5. Long Term Monitoring and Maintenance

Reason (common to all): To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to

Page 99 of 147 workers, neighbours and other offsite receptors [in accordance with policy of the adopted Local Plan (date)].

Note to Applicant Potential Contamination The Councils guidance leaflet on the development of sites with potential land contamination is attached. Further advice on compliance with this condition may be obtained by contacting the Environmental Health Service on 01597 827292 and asking for David Jones.

Brecon Town Council 11th Dec 2008 No objections.

Powys County 2nd Dec 2008 No comments. Council Highways

CADW Ancient 8th Dec 2008 There are no scheduled ancient monuments or Monuments historic landscapes affected by this proposal. I can Administration advise that Cadw does not have any concerns to raise in respect of this application proposal.

Clwyd Powys 9th Dec 2008 No known features will be affected by the intended Archaeological Trust work. No further comment.

Environment Agency 8th Jan 2009 No adverse comments. Wales There is minimal production of waste during the construction of the steel frame and the sorting of ammunition does not need any authorisation from the Environment Agency under waste legislation.

The applicant should adhere to the Environment Agency pollution prevention guidelines, which are available via the Agency's web site.

CONTRIBUTORS

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

No comments received.

Page 100 of 147 RELEVANT POLICIES

G3: “Development in the National Park” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) LPG3: “Development in the National Park.” (Local Plan 1999) LPG6: “Development in the National Park.” (Local Plan 1999) Q8: “Historic Landscapes” (Unitary Development Plan 2007) LPCL9: “Archaeology and cultural features.” (Local Plan 1999)

PLANNING HISTORY App Ref Description Decision Date

P16705 Erection of ammunition store, Permit 21.01.2000 workshop/storage building & security fence

OFFICER’S REPORT

Site Description

Dering Lines is an MOD base on the outskirts of Brecon. The site as a whole is large and contains both military buildings and residential accommodation. The section of the site, relevant to this planning application, is located on the eastern boundary.

There is an area of hard standing surrounded by a high chainlink fence that is used for the storage of ammunition and general military use. To the east of the site are two large buildings for the storage of ammunition and explosives.

There is a public footpath to the north of Dering Lines, which runs in an east west direction.

The site is located on a hillside and has the benefit of extensive tree planting, therefore only long distance views location of the buildings location can be observed from public view points. These views consist of a few glimpses of the site and the other buildings on Dering Lines seen from the other side of the valley when travelling along the Brecon by- pass.

Proposal Description & Appraisal

The application seeks full planning permission to construct a building to provide shelter when processing spent ammunition. The building will be located within the existing Dering lines site boundary.

The design in agricultural in appearance and the proposed external material is sheet

Page 101 of 147 sheeting coloured green. The building will measure 5.5 m wide, 12.5 m long, 3.2 to eaves level and 4.0 m to ridge height.

The proposal is considered a Departure from the development plan. The whole of Dering Lines is on land considered Countryside as it is outside of the Brecon Settlement boundary.

Information submitted by the agent

The agent has submitted the following information in respect to the proposed development:

Access statement

• The entrance to the building and internal floor will be level. • The building’s use ensures that all it must be clean and tidy with appropriate access at all times. • Clear space will be provided for manoeuvring of a fork lift • All the above will assist disabled persons movement around the building. High quality lighting will also enhance ease of use. • A clear pedestrian area will be maintained around the building.

Design statement

• The design is intended to provide the necessary all weather protection for the occupants, who will be carrying out relatively detailed working operations. • There needs to be sufficient room vertically and horizontally for forklift vehicle manoeuvring. • The roller shutter is necessary for vehicle access. • Electricity is required but not water. • The cladding is green to reflect the military function and soften visual impact.

Appraisal

Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework. This application is considered against policies G3, G6 and Q8 of the UDP and policies G3, G7 and CL9 of the Local Plan. Local Plan policies will only be considered where they differ significantly from their UDP counterparts.

Principle of development

As stated above the proposed development is considered a Departure. The application has to be considered carefully against the policies given above and other material

Page 102 of 147 planning considerations, which in this instance is the existing land use.

The location of the building is within the existing Dering Lines site i.e. there is no further extension into adjacent land proposed involving change of use, it is considered that this is a sufficient material planning consideration to examine the proposal in more detail against other Policies within the Brecon Beacons National Park Authority planning documents.

Neighbour Amenity

Policies G3 (v) and ES27 (iv) of the UDP aim to ensure that any proposed development does not have an unacceptable impact on the amenity of the area, adjacent properties or the general public.

Affect on amenity has been considered in terms of any noise and lighting that may cause unacceptable impact on adjacent properties or the general public.

The site is located away from residential dwellings and at its closest point 220 m distant from the Public Footpath north of the site.

The use of the proposed building will be for the sorting of ammunition, there will be use a fork lift and the traffic flow details provided on the application form states 2-3 vehicles per day.

The noise of the traffic movements connected with the application site and that which the fork lift truck will produce are considered of a level not cause any issues of detriment to the public or neighbours.

No details of lighting has been provided with the application, however given the location of the proposed building it is considered there are no issues of detriment to the public or neighbours in this respect.

It is considered the proposed building and associated use comply with the above policies.

Visual Amenity

Policies G3 (iii) aim to ensure that the scale, form, design, layout, density and use of materials will be appropriate to the surrounding and will maintain or enhance the quality and character of the Park’s landscape and built environment. Policy G6 refers to design and states that development will be expected to meet the WAGs key design objectives and respond to the local context.

In comparison to the buildings that are directly adjacent to the site and others on the complex, the proposed building is smaller in height and floor area.

Page 103 of 147 Due to the existing buildings on the Dering Lines site, views of the proposed building, which are limited, will be in the context of the other Dering Lines buildings. Further to this the building is also agricultural in design and the proposed materials are more appropriate to its setting than the adjacent buildings.

It is considered the proposal meet with the requirements of the above Policies.

Historic Landscape

Policy Q8 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.

Given the response from CADW and the scale and visual impact of the proposal as discussed above it is considered that there will be no detrimental impact on the Historic Landscape requirements of Policy Q8 are met.

Other material planning considerations

Impact on archaeological features.

Whilst constraints did not indicate there were any such features in the vicinity, Clwyd- Powys Archaeological Trust were consulted.

The response from Clwyd-Powys Archaeological Trust is provided above. It is considered there are no issues relating to archaeological features.

Contaminated land

There was an extensive response received from Powys County Council Environmental Protection. The response included seeking the view of the Environment Agency. The Environment Agency is a statutory consultee who were consulted and provided the response given above.

Consideration has to be given to the existing land use and any pollution that may have occurred and that may occur in respect to the proposed development. Of the conditions requested it is considered appropriate to merge 2 and 3. Condition 5 cannot be imposed as any enforcement would be outside the control of the planning function of the National Park Authority.

The conditions are considered appropriate to impose as they are required to ensure any existing or future contamination is adequately addressed and controlled to ensure the proposed building can be utilised. The conditions are relevant to the planning application to ensure the proposed use and any contamination that occurs is managed. The contents of the conditions give comprehensive instruction in respect to each stage

Page 104 of 147 of the contamination investigation and remediation. The conditions are not unduly restrictive in that the Powys County Council Environmental protection considers current contamination on the site would prevent the development from taking place.

Conclusion

Careful consideration of the planning application against Policy and material planning consideration has been given. The scale, design and materials of the proposed building, the degree of visual impact on the landscape and the existing land use have all to be considered. Whilst the application is considered a departure, it will be within the Dering Lines complex, in addition the assessment against the relevant Polices leads to a conclusion that visual detriment would be not be so great as to cause harm to the special qualities of the Brecon Beacons National Park.

It is considered that on balance, recommendation is to permit. In addition to standard conditions the following are appropriate:

The Environmental Protection conditions; The submission of an external illumination scheme; and The removal of the building once the use has ceased

RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v2 received 25/09/08, NP3v2 and NP4v2 received 13/10/08) except where otherwise stipulated by conditions attached to this permission and unless agreed otherwise in writing by the Local Planning Authority. 3 An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons (a contaminated land specialist with proven experience within the contaminated land industry) and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include- (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: • human health,

Page 105 of 147 • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, • adjoining land • groundwaters and surface waters, • ecological systems, • archeological sites and ancient monuments (iii) an appraisal of remedial options, and proposal of the preferred option(s). 4 A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. Any approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. 5 In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 3, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 4, which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 4.

6 Details of any external lighting proposed to illuminate the development shall be submitted to and approved in writing by the Local Planning Authority before the use hereby permitted commences and/or the building(s) are occupied. Development shall be carried out in accordance with the approved details and there shall be no other external illumination of the development. 7 In the event that the use of the building hereby approved ceases it shall be removed within a timeframe to be agreed in writing with the Local Planning Authority, unless otherwise agreed in writing.

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 Development shall not begin until a scheme to deal with contamination of the site has been submitted to and approved in writing by the Local Planning

Page 106 of 147 Authority. 4 The above scheme shall include an investigation and assessment to identify the extent of contamination and the measures to be taken to avoid risk to the **** when the site is developed. 5 Development shall not begin until a scheme to deal with contamination of the site has been submitted to and approved in writing by the Local Planning Authority. 6 To protect the visual impact of the development on the landscape. 7 In the interests of the visual amenity and character of the area.

Informative Notes:

1 The developer shall note if there are changes to the plans hereby approved due to building regulation requirements or any third party requirements, details should also be submitted to and approved in writing by the Local Planning Authority prior to the commencement of work. 2 In respect to the conditions regarding contaminated land Powys County Council's guidance leaflet on the development of sites with potential land contamination is available from Powys County Council, it is advisable to contact Powys County Council on compliance with the conditions by contacting the Environmental Health Service on 01597 827292

Page 107 of 147

ITEM NUMBER: 9

APPLICATION NUMBER: 09/02777/FUL APPLICANTS NAME(S): Mr And Mrs Trevor And Sue Thompson SITE ADDRESS: The Market Garden Wernfawr Talgarth Powys GRID REF: E: 316507 N:233304 COMMUNITY: Talgarth DATE VALIDATED: 15 January 2009 DECISION DUE DATE: 12 March 2009 CASE OFFICER: Mr Lloyd Jones

PROPOSAL Conversion of a disused market garden into a residential dwelling ADDRESS The Market Garden, Wernfawr, Talgarth

CONSULTATIONS/COMMENTS Consultee Received Comments

NP Ecologist 2nd Apr 2009 I withdraw my previous objection to this application. Should the BBNPA be minded to grant permission

Page 108 of 147 for this conversion I recommend that the following matters are conditioned.

1.0 Prior to the start of any development works to the former potting shed, located to the north east of the former glasshouse, an external lighting plan which avoids conflict with bat roost sites and flightlines should be submitted to BBNPA for approval.

2.0 The development works to convert the former potting shed should be restricted to the period between October and March in line with recommendation 5v) of the Clarke Webb Ecology report (July 2008).

3.0 The mitigation measures illustrated on drawings Bat 2, 3 and 4, and described in Section 5 i- iv) of the Clarke Webb Ecology report (July 2008) should be implemented in full. These measures include the construction of three dedicated bat lofts with access provision via gables and eaves, access to crevices/voids within the fascia/soffit/bargeboard structures, retention of the lean-to wood store, the retention of existing boundary hedgerow at a 2m height and the construction of a pond feature. The dedicated bat lofts should not be used for storage, however access hatches are necessary to enable period inspection and cleaning.

4.0 The applicant/developer should retain the services of a bat consultant to advise on and supervise the retention and creation of the approved bat mitigation/enhancement measures. Within 6 months following the completion of these works a brief report should be submitted to the BBNPA confirming the installation of the mitigation/enhancement measures.

5.0 To confirm the effectiveness of the mitigation/enhancement measures, annual summer season monitoring of bat activity should be completed for a period of 2 years following the completion of the building works or occupation of the building which ever be sooner. On the completion of each annual monitoring visit a brief

Page 109 of 147

Talgarth Town 13th Feb 2009 Support the application Council

NP Ecologist 2nd Apr 2009 I withdraw my previous objection to this application subject to appropriate conditions.

NP Ecologist

Brecknock Access No response Group

Countryside Council 11th Feb 2009 No objection subject to appropriate conditions For Wales

Environment Agency 4th Feb 2009 No objection and generic information note for Wales developers applies.

NP Ecologist 10th Feb 2009 The principles of the bat mitigation are acceptable, however the current application lacks the necessary level of detail to demonstrate that these principles can be effectively incorporated into the design and construction of the converted building. This concern is compounded by the apparent inappropriate design of the bat access evident in the on-going works to the former glass house. Presently I do not believe there is sufficient information available to confirm that the impact of this proposal on protected species can be adequately addressed. I therefore object to the application until the following matters are resolved.

1. The position and dimensions (plan and section) of all dedicated bat lofts are illustrated on the design drawings. 2. The position and dimensions of the access points to each dedicated bat lofts are illustrated on the design drawings. 3. The positions of the access points to the soffit structure and the cavity between the roof slate and internal felt membrane are amended and illustrated in plan and section on the design drawings.

NP Head Of Strategy No response And Policy

Page 110 of 147 Powys County 27th Jan 2009 The highway condition recommended in response to Council Highways the earlier submission 07/01396 dated 9th January 2008 are still valid and should be included on any permission granted.

Talgarth Town 12th Feb 2009 Support the application Council

CADW Ancient 2nd Feb 2009 I can confirm that there are no scheduled ancient Monuments monuments, historic parks and gardens or historic Administration landscapes affected by this proposal.

Clwyd Powys 28th Jan 2009 Recommend that the building is photographed prior Archaeological Trust to the conversion of the building

Powys County No response Council Building Regulations

CONTRIBUTORS

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

None received to date.

RELEVANT POLICIES

G3: “Development in the National Park” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) Q4: “Protected and Important Wild Species” (Unitary Development Plan 2007) Q5: “Biodiversity and Development” (Unitary Development Plan 2007) Q8: “Historic Landscapes” (Unitary Development Plan 2007) ES24: “Conv of Farm + Other Bldgs to Dwellings” (Unitary Development Plan 2007) ES27: “House Extensions and Ancillary Buildings” (Unitary Development Plan 2007) LPG2: “Allocation of Land for development.” (Local Plan 1999) LPG3: “Development in the National Park.” (Local Plan 1999) LPG7: “Design and energy conservation.” (Local Plan 1999) LPCL5: “Wildlife and landforms.” (Local Plan 1999) LPCL6: “Wildlife and landforms.” (Local Plan 1999) LPCL7: “Wildlife and landforms.” (Local Plan 1999) LPCL9: “Archaeology and cultural features.” (Local Plan 1999) LPH14: “House extensions and ancillary buildings” (Local Plan 1999) LPH15: “House extensions and ancillary buildings” (Local Plan 1999)

Page 111 of 147 PLANNING HISTORY App Ref Description Decision Date

P20781 Proposed conversion of disused Permit 21.07.2005 market garden buildings into a dwelling

07/01396/FUL Conversion of the disused market Refuse 08.05.2008 garden into a residential dwelling.

08/01787/FUL Conversion of the disused market Refuse 17.09.2008 garden into a residential dwelling

OFFICER’S REPORT

Introduction

Full planning permission is sought for the conversion of a former potting shed into a residential dwelling, which will also include an extension on the footprint of the former greenhouse at the site of the former Market Gardens, Talgarth.

Site Description

The application site comprises the former Market Garden site, which when it first opened in 1903 served the Brecon and Radnor Joint Asylum and subsequently the Mid Wales Hospital. The application site is located approximately 1km to the south east of Talgarth and accommodates two buildings sited towards the north western corner of the application site. The application site itself has an overall area of 0.22 hectares and slopes gently downwards to its northern boundary. The land to the sites eastern, western and southern boundaries amounting to approximately 1.55 hectares lies outside the application site, but is under the ownership of the applicant.

The main building is the former potting shed, a single-storey structure finished in red brick and a slate roof. A corrugated metal/wooden structure and brick built lavatory block projects off the side elevation of this element. Some 3.6m to the west is a building that is sited on the footprint of the former greenhouse. It should be noted that since the previous planning application (Planning Reference: 08/01787/FUL) was refused (please refer to planning history section of the report below) the former greenhouse has been rebuilt above the brick work plinth without the benefit of planning permission. The applicant’s agent was made aware on 18th February 2009 that the works being undertaken were unauthorised and to strongly advise their client to cease any further work. The applicant’s agent confirmed on 23rd February 2009 that he had advised their client to stop work.

The nearest residential property is a two-storey detached property know as ‘The

Page 112 of 147 Gardens’ located 120m to the south west of the former potting shed. Open countryside lies to the north, east and south of the application site, and due to the topography of the surrounding area, there are views into the site from higher land to the south.

Vehicular access to the site is from the south eastern corner. Two large caravans, which the applicant’s and their family reside is located 80m to the south of the potting shed on land within their ownership, but outside the red line area that forms part of this planning submission.

Relevant Planning History

There is a complex planning history at this site. Planning permission (Planning Reference: P20781) was first granted on 21st July 2005 for the conversion of the single- storey potting shed into a three bedroom dwelling, which incorporated a modest extension off the north western elevation. This planning permission expires in July 2010.

A full planning application (Planning Reference: 07/01396/FUL) for the conversion of the potting shed into a six bedroom dwelling incorporating two large extensions with unsympathetic dormer windows was refused on 8th May 2008. The grounds for refusal included that the scale, form, design and large residential curtilage is out of keeping with the simple form and character of the existing building and would detract from the quality and character of the surrounding National Park landscape. The proposal was also refused as insufficient information had been submitted to enable the Local Planning Authority to assess the impact on protected wildlife species.

A further full planning application (Planning Reference: 08/01787/FUL) for the conversion of the potting shed and the adjacent greenhouse to a six bedroom dwelling with a link building and substantial flat roof extensions was refused on 10th September 2008. The reason for refusal was that the scale, form, general design of the proposal which involved significant extensions was out of keeping with the simple form and character of the existing building.

Proposal

The planning application as originally submitted detailed the conversion of the former potting shed and the provision of a 5.1m wide link building into part of the footprint of the former greenhouse. A further extension was proposed off the south eastern elevation of this element. The potting shed as existing has an overall volume of 416 cubic metres and would increase the volume of the potting shed by 283.4 cubic metres or 68%.

Concerns were raised with the applicant’s agent regarding the overall size and volume of the proposed extensions by letter on 18th February 2009 and in a meeting on 16th March 2009. Further concerns were raised in respect of the size of a garage/store area

Page 113 of 147 measuring some 13m by 6m within an enlarged curtilage. Subsequently, the Local Planning Authority advised the applicant and their agent that they may wish to consider revising their scheme to take into account the following:

• The removal of the extension off the former greenhouse; • The reduction in the size of the link between the former potting shed and greenhouse; • The use of the space within the footprint of the former greenhouse could be reconfigured to meet their accommodation requirements; • A reduction in the size of the curtilage to reflect the size of the extant planning permission; and • The removal of the car/garage store and its replacement with a smaller storage shed that is sensitively sited within a reduced curtilage.

Amended plans were received on 31st March 2009 that have taken into account all of the aforementioned issues. The amended proposal details that the potting shed will be extended by utilising the footprint of the former greenhouse and the two elements will be linked with a diagonally shaped flat roof building. The volume of the potting shed will now be increased by 150 cubic metres or 36%. In addition, the curtilage has been reduced in size to reflect the extant planning permission, while the garage/store area has been removed altogether.

Apart from the removal of the lavatory block and corrugated metal/wooden structure off the side elevation of the potting shed, the existing structure of the potting shed will remain. It is proposed to utilise all existing openings, although new window and door openings will be created in the south eastern, south western and north eastern elevations. All windows and doors will be softwood. A decked area measuring 5m by 3.3m overlooking a newly created pond will be provided off the north eastern elevation of the former potting shed.

As discussed above a diagonal shaped link building measuring 4.2m in length by 1.25m in width will link the extension on the site of the former greenhouse to the former potting shed. The extension on the footprint of the former greenhouse will measure 15.0m by 4.6m and have a ridge height of 4.05m and will accommodate four of the six bedrooms being provided. This has been designed to follow the linear structure of the potting shed and will be finished in a brickwork plinth with softwood timber painted boards above. A number of small softwood windows will be provided in both side elevations. The roof will be finished in slate, with photovoltaic tiles and solar panels set within the south western plane of the roof. A small velux rooflight will be provided in the remaining plane of the roof.

The final element of the proposal is the replacement of an existing store building set 2m to the north of the potting shed with a structure on an identical footprint measuring 4.9m by 2.5m and having a maximum height of 2.3m. It is intended to use this for the storage of wood and the front elevation will remain open to allow for appropriate bat mitigation.

Page 114 of 147

Vehicular access to the site is via the south eastern corner of the site and it should be noted this has already been constructed.

Planning Policy Context

Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework. This application is considered against policies G3, G6, ES24, ES27, Q4, Q5 and Q8 of the UDP and policies LPG2, LPG3, LPG7, LPH11, LPH14, LPCL5, LPCL6, LPCL7 and LPCL9 of the Local Plan. Local Plan policies will only be considered where they differ significantly from their UDP counterparts.

Policy G3 refers to Development in the National Park and provides a series of general criteria against which proposals will be assessed. Criterion ii) requires proposals to be within the “white areas” of settlements shown on the Proposals Map (which accompany the text of the UDP), with the exception of those developments covered by policies which enable development in the countryside. Market Gardens is not within the “white area” of a settlement and therefore has to be considered against a policy which enables development in the countryside. In the case of the conversion of the potting shed to residential this would be policy ES24, and in relation to the extension policy ES27 and the associated Guidance Note is relevant.

Policy G3 (iii) aims to ensure that the scale, form, design, layout, density, intensity of use and use of materials will be appropriate to the surrounding and will maintain or enhance the quality and character of the Park’s landscape and built environment.

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

Policy G3 (ix) requires development to provide adequate means of access and parking space to cater for the traffic generated by the proposal.

Policy G6 refers to design and states that development will be expected to meet the WAGs key design objectives and respond to the local context.

Policy ES24 refers to the Conversion of Farm and Other Buildings to Dwellings and states:

“The conversion of rural buildings to dwellings outside development boundaries will only be permitted where: i) It has been demonstrated that every reasonable attempt has been made to

Page 115 of 147 secure suitable commercial, tourism, sport or recreation use; or ii) The proposal is for a live-work scheme in accordance with Policy ES10; and all the following criteria are met: a) They are suitable for the specific re-use; b) Their form, bulk and general design are in keeping with their surroundings; c) They are capable of conversion without major or complete reconstruction; d) Where the building is of historical and/or architectural interest conversion does not result in unacceptable impacts upon the structure, form, character or setting; and e) It can be demonstrated that the proposed use would not give rise to a demand for additional buildings which would have an unacceptable impact on the landscape of the National Park.”

Moreover, in the determination of this planning application the Guidance Note entitled ‘Policies ES26 & ES27: Replacement of Dwellings & Extensions to Dwellings in the Countryside’ is pertinent as a residential use is proposed, which includes also includes an extension to the potting shed. Section 4 of this Guidance Note states that “proposals for an extension to a dwelling in the ‘countryside’ that would increase the volume of the building by more than 30% will be considered to be contrary to Policy ES27”.

Policy Q4 refers to protected and important wild species and states that proposals on land or buildings that support protected or important species will only be permitted where: i) the need for the development outweighs the nature importance of the site, and in the case of European Protected Species, the criteria for derogation under the Habitats Regulations are met; ii) positive measures are provided to contribute to species and habitat conservation targets; and iii) the developer proves to the satisfaction of the NPA that a) the disturbance of the species and habitat function is kept to a minimum; or b) alternative areas are provided to sustain at least the current levels of populations or size of habitat affected by the proposal.

In addition, Planning Policy (Wales) (March 2002) [section 5.5.11] states that “the presence of a species protected under European or UK legislation is a material consideration when a local planning authority is considering a development proposal, which, if carried out would be likely to result in disturbance or harm to the species or its habitat.”

Principle of Residential Development

The principle of the residential use of the potting shed and the extent of the residential curtilage has been established through the granting of planning permission (planning reference: P20781) on 21st July 2005. It is therefore considered that by virtue of the extant planning permission the conversion of the potting shed to a residential use is acceptable.

Page 116 of 147 Principle of Extending on the Footprint of the Former Greenhouse

The most recent planning application (Planning Reference:08/01787/FUL) considered that the former greenhouse was not suitable for conversion as it was a dilapidated structure and that the majority of this structure required reconstruction. The proposal did not satisfy the requirements of policy ES24 in that a building must be capable of conversion without major or complete reconstruction. This has since been confirmed as the building has been rebuilt above brickwork level without the benefit of planning permission.

The Local Planning Authority considers that the principle of an extension to the potting shed that utilises the footprint of the former greenhouse would be acceptable as there are sustainability benefits to be achieved in terms of reducing the amount of waste that has to be removed from the site through the removal of the brickwork plinth. Notwithstanding this, the proposed extension would have to be acceptable in terms of its design, relationship with the potting shed, as well as including appropriate mitigation measures for protected species.

Visual Impact

The planning application as initially submitted increased the overall volume of the existing potting shed by 68%, which is some 38% greater than that allowed under the provisions of policy ES27. It was considered that with the additional extensions, the proposal in that format would have a detrimental impact on the rural character of the surrounding area.

Comprehensive discussions were held with the applicant and their agent regarding amendments to their proposal. In these discussions they were advised that the extensions to the existing potting shed should be reduced in size to take into account the 30% limit set out in the Guidance Note on Policy ES27. The amended plans now illustrate that the extension off the south eastern elevation of the former greenhouse has been removed and that the link between the two elements of the proposal has been substantially reduced in size. The proposal now exceeds the volume of the existing potting shed by 36%, which exceeds the 30% threshold set out in the Guidance Note on Policy ES27 by 6%.

On balance, it is considered that an increase of 6% above the threshold in this case is justified, as the built form proposed on the site has been substantially reduced from previously refused schemes, as well as the initial scheme submitted as part of this application. The overall design of the extension, replicating the linear form of the existing potting shed with a simple link between the two and the use of natural materials will enhance the character of the property as a whole, and also that of the wider landscape, especially when viewing the proposal from the open countryside to the south.

Finally, the reduction in the size of the curtilage and the removal of the large

Page 117 of 147 garage/store will also minimise any urbanisation of this rural location. With regards the existing caravans on the site it will also be conditioned that prior to beneficial occupation of the approved development all caravans shall be removed from the site.

Sustainability

On page 4 of the submitted Planning, Design, Sustainability and Access Statement it is stated that the applicants are committed to achieving an energy efficient house to Code Level 4, incorporating very high standards of insulation, ground source heating, passive warming with appropriately positioned windows, renewable energy and hot water provided by solar panels and electricity through photovoltaic panels.

For information, the Code Levels for Sustainable Homes range from Code Level 1, which means that the performance is above that required as minimum by the Building Regulations through to Code Level 6 that requires the home to be “zero carbon”. The applicant’s commitment to achieving Code Level 4 is supported by the Local Planning Authority, and an appropriately worded condition will be added to any planning permission to ensure that the proposed development reaches this level.

Neighbour Amenity

The nearest property to the application site is ‘The Gardens’ some 120m to the south west. The proposal will not have any significant adverse impact on any neighbour amenity.

Protected Species

Appropriate mitigation measures for the presence of bats have been designed into the scheme, which include the following:

- Three dedicated bat loft spaces; - Retention of the roof structure over the former potting shed; - Provision of open wood store to North West of the potting shed; and - Creation of a pond.

The National Park Authorities Ecologist is satisfied subject to appropriate conditions that the proposal will have no undue impact on protected species.

Highway Safety

The access to the site has already been created and the parking area proposed is similar to that previously approved. Powys County Council Highways Section has no objection. The proposal is considered to be satisfactory on highway grounds.

Page 118 of 147 Conclusion

Overall, it is considered that the conversion of the existing potting shed that has previously been agreed and the extension using the footprint of the former greenhouse is acceptable in terms of its design, and in this case the increase of 6% above the 30% threshold is justified. The proposal will not undermine the rural character of this part of the National Park. The proposal is also acceptable in relation to neighbour amenity and highway safety. Finally, the sustainability credentials of the proposal are also supported as are the intended bat mitigation measures. The proposal is therefore considered to be in accordance with policies G3, G6, ES24, ES27, Q4, Q5 and Q8 of the UDP and policies LPG2, LPG3, LPG7, LPH11, LPH14, LPCL5, LPCL6, LPCL7 and LPCL9 of the Local Plan.

RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v3, NP3v5, NP7v3, NP8v3, NP9v2, NP14v1, NP15v2 and NP16v2) unless agreed otherwise in writing by the Local Planning Authority. 3 No development shall take place until samples of the materials to be used in the construction of the external surfaces of the extension and store shed hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 4 No development shall take place until details or samples of windows and roof lights have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. 5 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, amending and re-enacting that Order) no development of the types described in Part(s) 2 Class(es) A, B, C, D, E and F of Schedule 2, other than that hereby permitted shall be carried out without the written permission of the Local Planning Authority. 6 Prior to beneficial occupation of the development hereby approved all caravans shall be removed from the site and the land restored to its former condition as open countryside 7 Prior to the commencement of development, an independent report prepared by a suitably qualified professional detailing how the development hereby approved will meet Code Level 4 of the Sustainable Code for Homes, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out strictly in accordance with the approved details.

Page 119 of 147 8 Prior to beneficial occupation, samples of the proposed surfacing material for the access, parking and turning area, shall be submitted to and approved in writing by the Local Planning Authority. 9 Prior to the commencement of development a landscaping and tree-planting scheme shall be submitted to and approved in writing by the Local Planning Authority. Such a scheme shall specify details of the number, location, size, species and means of support and protection of all trees and shrubs. Before any work on site is started, a programme showing the phasing of the landscaping shall be submitted to the Local Planning Authority and all landscaping/tree-planting shall not proceed otherwise than in strict accordance with the programme approved in writing by the Local Planning Authority. Any trees or plants which, within a period of five years of planting, are removed or become seriously damaged, diseased or die shall be replaced in the next planting season with others of similar size and species unless the National Park Authority give a written consent to any variation. 10 Prior to commencement of work an external lighting plan shall submitted to and approved in writing with the Local Planning Authority. The development shall be carried out strictly in accordance with the approved details. 11 In accordance with recommendation 5v) of the Clarke Webb Ecology Report (July 2008) no development works shall be undertaken to convert the former potting shed between the months of October and March in any calendar year, unless otherwise agreed in writing with the Local Planning Authority. 12 The mitigation measures illustrated on the approved drawings numbers NP14v1, NP15v2 and NP16v2 received on 2nd April 2009 and described in Section 5 i-iv) of the Clarke Webb Ecology Report (July 2008) shall be implemented in full, unless otherwise agreed in writing with the Local Planning Authority. 13 The applicant, developer or successor in title shall retain the services of a suitably qualified bat consultant to advise and supervise the retention and creation of the approved bat mitigation/enhancement measures. Within six months of the date of the completion of these works a report prepared by a suitably qualified bat consultant detailing the installation of the mitigation/enhancement measures shall be submitted to and agreed in writing with the Local Planning Authority. 14 Following first occupation of the development hereby approved, annual summer season monitoring of bat activity shall be undertaken for a period of two years. Upon the completion of each monitoring visit a report prepared by a suitably qualified bat consultant shall submitted to and agreed in writing with the Local Planning Authority.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 To ensure that the materials harmonise with the surroundings.

Page 120 of 147 4 To ensure that the materials harmonise with the surroundings. 5 In order to safeguard the character and visual amenities of the locality. 6 To prevent the establishment of a residential use in the countryside where it would not normally be permitted 7 In the interests of sustainable design 8 In the interests of visual amenity 9 In order to protect the visual amenities of the area. 10 To preserve and enhance the site of protected species 11 To preserve and enhance the site of protected species 12 To preserve and enhance the site of protected species 13 To preserve and enhance the site of protected species 14 To preserve and enhance the site of protected species

Informative Notes:

1 A copy of a Welsh Assembly Government Development Licence for the planned conversion should be provided for information and records to the BBNPA along with the supporting method statement. 2 Work should halt immediately and CCW contacted for advice in the unexpected event that bats are discovered during the course of the development. To proceed without seeking the advice of CCW may result in an offence being committed. CCW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX. Tel. 01873 854753. 3 The timing of development works should be such as to avoid conflict with the bird nesting season.

Page 121 of 147

ITEM NUMBER: 10

APPLICATION NUMBER: 09/02818/FUL APPLICANTS NAME(S): Mr And Mrs John Porter SITE ADDRESS: Castle Coaching Inn Trecastle Sennybridge Brecon Powys LD3 8UH GRID REF: E: 288083 N:229120 COMMUNITY: Llywel DATE VALIDATED: 26 January 2009 DECISION DUE DATE: 23 March 2009 CASE OFFICER: Mr Ryan Greaney

PROPOSAL Relocation of existing hotel car park with new access off highway (A40) and construction of three holiday cottages and one private dwelling within the grounds of the hotel to be served by retaining the existing access to the hotel from the highway (Chapel Street) and provision of all parking on site for both the retained hotel and the new residential development. ADDRESS Castle Coaching Inn, Trecastle, Sennybridge

Page 122 of 147

CONSULTATIONS/COMMENTS Consultee Received Comments

Mid Wales Trunk The size of the delivery bay is unlikely to be large Road Agency (C/P) enough for the HGV that delivers beer, food etc. Without swept path drawings confirming that it will accommodate the HGV tracking movements, the bay is likely only large enough for a van.

The gradient of the access should be 1 in 40, not 1 in 20 as detailed.

Finally, the surface water from the car park could discharge onto the trunk road. Whilst they have indicated a couple of gully's we have no idea where the gully's discharge to.

Mid Wales Trunk Road Agency (C/P)

NP Building 18th Feb 2009 The proposal is situated to the rear of the listed Conservation Officer building and also to the rear of the old street frontage of the village. As such it will have no impact on the setting of the principal elevations of the Listed Building nor the traditional "village street". The proposals are in any case in scale and keeping with the surrounding architecture and the variegated roofscape will fit in with the other nearby properties and the local authority housing which frames the site. Details such as materials, windows and door openings, whilst not pastiche, are in sympathy with those of the traditional buildings.

In my view the rear aspect of the Listed Building (The Castle Inn) will be enhanced by the development which give it a more enclosed setting, the new development better linking the Local Authority housing, currently out on a limb, with the old village.

NP Head Of Strategy 18th Feb 2009 I can confirm that I did attend pre-application And Policy discussions with the applicant and the DC Manager Kevin Jones regarding the proposals below. I can

Page 123 of 147 also confirm that as part of the proposal is outside the development boundary of Trecastle then it would be contrary to Policy G3 criterion ii). This was explained to the applicant at the pre-application discussion. However, it was also pointed out by the DC Manager at the same time that the site, including the part outside the development boundary, could be considered as previously developed land and that this could be a material consideration outweighing the provisions of the development plan.

The proposed holiday let cottages should be tied to that use via a S106 Agreement and, in turn, to the Castle Coaching Inn to prevent them from being sold seperately.

Dwr Cymru Welsh 9th Mar 2009 If you are minded to permit this application, Water (Hyder conditions and advisory notes are to be attached . Consulting)

WAG Transport 6th Apr 2009 Transport and Strategic Regeneration is in general Directorate satisifed with the amended details.

Environment Agency 4th Feb 2009 No objection. Wales

Powys County 11th Feb 2009 Acceptable in principle. However, layout Council Highways amendments to facilitate better turning and parking are advisable.

Mid Wales Trunk 13th Feb 2009 No response to date. Road Agency (C/P)

Llywel Community Council

Clwyd Powys 5th Feb 2009 No objection. Archaeological Trust

Health And Safety 5th Feb 2009 Do not advise against the development. Executive

CONTRIBUTORS Andrew & Wendy Aplin, Fairview, Chapel Street Liz Rich, Bear House, Trecastle, Brecon, Powys,

Page 124 of 147 MG Windebank, 1 Chapel Street, Trecastle Mr Peter MacMullen, Drain Duon, Trecastle

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

Letters have been received objecting to the application (under ref :09/02818/FUL and 08/02162/FUL (withdrawn application)) for the following reasons: - detrimental to highway safety - will restrict access to rear of Chapel Street - loss of view - devaluation of property - parking provision is too small - overdevelopment of the site - out of keeping with its surroundings

It is considered reasonable to re-visit the objections raised to the withdrawn scheme in this case further to a written request by a neighbouring resident.

RELEVANT POLICIES

G3: “Development in the National Park” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) Q11: “Sites of Archaeological Importance” (Unitary Development Plan 2007) Q12: “Archaeological Evaluation” (Unitary Development Plan 2007) Q16: “The Setting of Listed Buildings” (Unitary Development Plan 2007) Q20: “Development relating to the enjoyment of” (Unitary Development Plan 2007) ES20: “New Buildings for Holiday Accomodation” (Unitary Development Plan 2007) LPG3: “Development in the National Park.” (Local Plan 1999) LPG7: “Design and energy conservation.” (Local Plan 1999) LPCB4: “Listed buildings.” (Local Plan 1999) LPCL10: “Archaeology and cultural features.” (Local Plan 1999) LPCL9: “Archaeology and cultural features.” (Local Plan 1999)

PLANNING HISTORY App Ref Description Decision Date

08/02162/FUL Relocation of hotel car park Application 21st Nov 2008 construction of 3 holiday cottages Withdrawn and 1 private dwelling

OFFICER’S REPORT

INTRODUCTION This application was due to be heard at the 10th March PAROW Meeting. It was removed from the agenda, however, further to concerns from the Mid Wales Trunk

Page 125 of 147 Road Agency. The scheme has been amended accordingly and the Mid Wales Trunk Road Agency has been reconsulted.

SITE DESCRIPTION This application relates to the Castle Coaching Inn site in Trecastle, near Sennybridge. As existing, the site comprises the hotel/public house building located in the eastern corner, two outbuildings located in the north and centre of the site and the remainder of the site providing an informally arranged car park and grassed area.

The Castle Coaching Inn is a relatively small hotel operation and is a Grade II Listed three-storey building. The hotel has 9 guest bedrooms with a bar and small restaurant area.

At present, the site is accessed via a narrow access point between the Hotel building and 1 Chapel Street. This access point is also utilised by the Chapel Street residents who have a right of access to the rear of their properties.

The Chapel Street properties are two storeys and terraced in nature and located to the east of the application site. Their rear elevations are orientated towards the Hotel car park. This boundary is marked by 2m high close boarded fencing. The land to the west of the application site is located significantly below the level of the hotel and associated car park. The land slopes steeply to the west and beyond this slope is a row of two storey dwellings, namely Login Terrace. The western boundary of the car park comprises overgrown shrubbery which continues down the change in level to the residential gardens below.

The application site lies partially within the Trecastle Settlement Boundary – the western half of this site lies outside, but adjacent to the settlement.

PROPOSAL

This application seeks planning permission for the relocation of a hotel car park, the erection of 3no. holiday cottages and the erection of a dwelling.

The hotel car park is proposed to be relocated to the area to the west of the hotel building. The area measures approximately 0.6 hectares and would require a new access onto the A40 some 33m to the west of the existing Chapel Street access. Within this section of the site it is proposed to locate eighteen parking spaces, one of which would be a disabled parking space, together with the associated turning area.

The proposed holiday cottages and dwelling house are arranged in a courtyard formation. Holiday cottage 1 and 2 effectively comprise a semi-detached arrangement each measuring 9m in width by 6.8m in depth. The structure would measure 7.1m in height with a pitched roof. Holiday cottage 3 would measure 8.8m in width by 6.8m in depth. It would have a maximum height of 7.1m with a pitched roof. Each cottage

Page 126 of 147 would comprise two bedrooms, a bathroom and open plan living area and kitchen. Under croft parking is a design feature of these cottages with the bedrooms above, providing a mezzanine-type arrangement. Floor to eaves glazing is provided on the rear elevations serving the living/dining/kitchen area. Two parking spaces are proposed for each cottage.

The proposed four bedroom dwelling is detached and can be split into 3 sections. Firstly, the main house, which would measure 9.6m in width by a maximum of 8.9m in depth (including the porch). It would have a maximum height of 9m with a pitched roof. Within the ‘main house’ section three bedrooms, two bathrooms, WC, hallway and an open plan living/dining/kitchen area are proposed.

Secondly, to the southeast of the main house section, the breakfast area and utility room are proposed. This section measures a maximum of 5m in width by 7m in depth. It would have a maximum height of 6.2m with a part hipped, part pitched roof. This section of the dwelling is characterised by floor to eaves glazing on the rear and side elevation and provides access to part of the third section of the dwelling via an internal stairway to the fourth bedroom.

Thirdly, to the northeast of the breakfast room and utility room section, a double garage with fourth bedroom above is proposed. This section would measure 6.1m in width by 6.1m in depth. It would have a maximum height of 6m with a pitched roof. A feature of this section of the dwelling is a circular window on the front elevation together with 2no. courtyard facing dormer windows. Additional space is provided at the front of this section of the dwelling for another two cars.

Furthermore, the dwelling is served by a relatively generous rear curtilage.

The holiday cottages are proposed to be accessed via the existing access point between the Castle Coaching Inn hotel and 1 Chapel Street.

SITE HISTORY

An identical application was submitted for consideration on 26th September 2008 (ref: 08/02162/FUL). This application was subsequently withdrawn on 21st November 2008 following a request by the Clwyd Powys Archaeological Trust for the provision of an archaeological assessment in line with the requirements of Planning Policy Wales and Circular 60/96 – Archaeology and Planning (1996).

POLICY CONTEXT

Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework. This application is considered against policies G3, G6, Q11, Q12, Q16, Q20 and ES20 of the UDP and

Page 127 of 147 policies G3, G7, CB4, T1, CL9, CL10 and T3 of the Local Plan. Local Plan policies will only be considered where they differ significantly from their UDP counterparts.

UDP POLICIES

G3 - It is considered that the proposal would not have an unacceptable impact upon the National Park; the scale, form, design, layout, and use of materials will be appropriate to the surroundings and will enhance the character of the Park's built environment; the proposal does not have an unacceptable impact upon the amenities of the area, adjacent properties or general area; the proposal does not have a detrimental impact upon highway safety; adequate means of access and parking can be provided to cater for the development; consideration is given to those with limited mobility.

G6 - It is considered that the proposed development would enhance the character within the townscape by responding to locally distinctive patterns and form of development; promotes innovative design; ensures ease of access for all.

Q11- It is considered that the proposal would not have a detrimental impact upon the archaeological interest.

Q12 - An archaeological evaluation has been carried out and no detrimental impact would occur.

Q16 - It is considered that the proposal would enhance the setting of the listed building.

Q20 - The proposal is appropriate to its setting in the Park in terms of its character, scale and design and will not have an unacceptable adverse effect upon the amenity of the area or the public's enjoyment of it.

ES20 - The proposed development would be sited, in part, beyond the Settlement Boundary. However, the Castle Coaching Inn car park effectively forms a 'brownfield' site which represents an acceptable trade-off in this case.

LOCAL PLAN POLICIES

G3 - The proposal is considered appropriate in terms of its setting, use, siting and scale; it will not prevent the enjoyment of the National Park qualities; adequate means of access and parking are proposed; it will not be significantly detrimental to the amenities of neighbouring properties or to the general public.

G7 - The proposal is considered to respect the character of traditional building styles and is appropriate in its setting

CB4 - It is considered that the proposed development would not have an adverse effect upon the setting of the nearby listed building.

Page 128 of 147 CL9 - It is considered that the proposal would not have a detrimental impact upon the archaeological interest.

CL10 - An archaeological evaluation has been carried out and no detrimental impact would occur.

T1 - The proposal would be appropriate to its setting in the Park and will not compromise existing amenity or activities.

T3 - The proposed development would be sited, in part, beyond the Settlement Boundary. However, the Castle Coaching Inn car park effectively forms a 'brownfield' site which represents an acceptable trade-off in this case.

MATERIAL CONSIDERATIONS

This application is ‘detailed’ in nature seeking consent for the erection of a dwelling, 3no. holiday cottages, the provision of a car park and associated access onto the A40 Trunk Road. As a result, the main material planning considerations relating to this proposal are the visual impact of the scheme upon the wider area and upon the character and setting of the Castle Coaching Inn Listed Building; the amenities of neighbouring residents; the principle of siting a dwelling and holiday cottages beyond the Settlement Boundary; the archaeological integrity of the site; and the impact of the proposal upon highway safety.

APPRAISAL

HIGHWAY SAFETY

With regard to the proposed hotel parking area, it is considered that the new access and spaces provided are acceptable in planning terms. It is considered that the 18 spaces provided, together with the turning area and visibility whilst exiting the site is acceptable in planning terms. The Powys County Council Highways Authority is supportive of the scheme in principle as the proposal will bring about a reduction in traffic using the inadequate Chapel Street access. The Highways Authority have, however, made some suggestions regarding the layout of the scheme commenting that the parking spaces for the new dwelling are two spaces short as any garage space is not included in the calculation because it is so easily utilized for storage; there would also appear to be no turning space for any of the units, with the exception of holiday cottage 3 which could easily be addressed by adjustment to the access road boundaries; and, delivery vehicles wishing to turn within the new parking area are totally dependent upon a convenient number of spaces being vacant and consider that a more formal delivery area would be advisable. The applicant has been advised of this and encouraged to adopt the concerns within the design. However, it is considered that the proposal is acceptable from a highway safety perspective at this time as the use of the sub-standard

Page 129 of 147 Chapel Street Access has been significantly reduced. Furthermore, it is considered that the layout, whilst sub-standard in the view of the Highways Authority, would allow residents and guests to park and turn within the site and would not encourage the manoeuvring of motor vehicles within the Public Highway. It is for this reason that the proposal is considered acceptable in planning terms.

Whilst, this access point is shared between the Chapel Street residents and the future occupiers of the site, it should be noted that the ‘right of access’ covenant attached to the access point, and currently employed by a number of Chapel Street residents, is not a material planning consideration and has not, as a result, had a bearing on the determination of this application.

The neighbouring residents initially raised objection to the highway safety related aspects of the scheme. The points raised are highlighted above in the 'Neighbour/Third Party Response Summary' of this report. However, despite no comments being received from the Highways Authority, the relatively wide frontage of the application site onto the A40 affords the site with the room to provide good visibility in both directions. Indeed, this section of the A40 is relatively straight and the plans illustrate visibility splays of 2.4m by 120m. It is considered that this is adequate in this location as it would provide a better solution than the existing arrangement.

The Mid Wales Trunk Road Agency initially stated in a pre-application letter that any new access onto a Trunk Road will need to be provided with appropriate turning areas, 2.4m by 120m visibility splays, 6m by 6m radii and a gradient not exceeding 1 in 40 together with a drainage interceptor to prevent surface water discharging onto the Trunk Road. Further to the submission of a formal planning application, the Mid Wales Trunk Road Agency initially objected to the scheme as it did not meet the above criteria. As stated above, the application was subsequently removed from the 10th March PAROW Agenda. Amendments have been made to the scheme to provide a 1 in 40 access as well as to illustrate the discharging of surface water, via gullies, to the existing drains. In addition, the applicant has stated that the HGV deliveries shall continue to be carried out on the A40 Trunk Road and not within the site as there is not sufficient room within the site to manoeuvre a HGV, and the cellar entrance is located at the front of the building. It is considered that this would not have a net adverse impact upon the Trunk Road as the existing arrangement at the site is for HGV deliveries to take part on the A40. As a result, further to discussion with the Mid Wales Trunk Road Agency, the Welsh Assembly Government's Transport and Strategic Regeneration department state no objection to the proposal.

HOLIDAY COTTAGES

VISUAL AMENITIES OF THE AREA

The neighbouring residents also raise objection to the proposed holiday cottages. However, despite these concerns, it is considered that the proposed holiday cottages are acceptable in planning terms. From a design perspective, whilst the proposed units

Page 130 of 147 are not wholly in keeping with the dwellings within the immediate vicinity of the site, it is considered that they would offer a more attractive backdrop to the Grade II listed building than that of the existing. That is, the proposed units are more in keeping with the style and character of the listed building than the former Local Authority dwellings within Brynawelon. This view is supported by the Brecon Beacons National Park Conservation Officer and is in line with Policy Q16 of the Brecon Beacons National Park Unitary Development Plan.

It should be noted that the proposed built elements of this proposal are, on the whole, located beyond the Trecastle Settlement Boundary. Whilst this would ordinarily be considered as unacceptable in principle, and contrary to Policies ES20 and G3 (in part) of the Brecon Beacons National Park Unitary Development Plan, it is considered that the principle of development is acceptable in this case. As stated above, the site is currently used for parking purposes in relation to the Castle Coaching Inn and, therefore, represents a ‘brownfield’ site. It is considered, therefore, that, in light of the proposed units providing an acceptable backdrop to the listed building and the land being of little visual merit, the proposal represents an acceptable trade-off in this instance. To this end, the National Park’s Head of Strategy, Policy and Heritage stated that whilst the proposal lies beyond the Settlement Boundary and would be contrary to Policy G3 Criterion ii), the site could be considered as previously developed land and this could be a material consideration that outweighs the provisions of the development plan.

AMENITIES OF NEIGHBOURING RESIDENTS

In terms of the amenities of neighbouring residents, it is considered that the proposed units would be sighted a sufficient distance from the neighbouring residents so as not to have an adverse impact by way of a loss of light or overbearing impact. Furthermore, due to the elevated nature of the application site, the surrounding dwellings are afforded little privacy at present. It is considered, therefore, that the proposed units would not cause a significant net impact upon the privacy of neighbouring residents. The unique mix of low level fenestration and rooflights further mitigates the potential for overlooking from the potential vantage point of the application site.

S106 AGREEMENT

Further to consultation with the National Park’s Head of Policy Strategy and Heritage, it is considered prudent in this case (through a Section 106 Agreement) to tie the use of the 3no. units to use as holiday cottages and, in turn, tie the holiday cottages to the Castle Coaching Inn. As a result, the cottages cannot be converted to dwellings and cannot be sold separately from the main hotel. It is considered to be prudent in this case in order to avoid the potential for the provision of an unacceptable number of dwellings beyond the ‘white areas’ prescribed within the Unitary Development Plan.

Page 131 of 147 DWELLING HOUSE

VISUAL AMENITIES OF THE AREA

It is considered that the main section of the dwelling house is acceptable in planning terms. The design is both symmetrical and traditional and represents a house type typical both rural and village settings. Furthermore, it is considered that the amount of parking and private amenity space is appropriate for a dwelling of this scale.

It was initially considered under the original withdrawn application, however, that the original proposed garage and fourth bedroom section of the dwelling house was excessive in size and did not appear as subservient to the main section of the house. The garage and fourth bedroom provided approximately 60m2 of floor space while the main house (not including the breakfast room and utility room) provides approximately 100m2. Whilst this was not unacceptable in itself, it clearly illustrated the extent of this part of the dwelling, particularly in terms of the fourth bedroom, whereby an ‘annex’ arrangement had been formed. As a result, it was considered that the dwelling as a whole, due to the size of this section of the proposal, was excessive in scale and not in keeping with the style and character of the smaller dwellings within the immediate vicinity of the application site.

However, further to these concerns, the applicant amended the scheme by reducing the size of the proposed garage and fourth bedroom. Whilst the floor area has not been reduced significantly, the reduction in height of both eaves and ridge level has sufficiently reduced its originally obtrusive nature. As a result, it is considered that the amended garage and fourth bedroom would be subservient to the main dwelling house and thus, in keeping with the remainder of the proposed development as well as the wider area.

As above, whilst the proposed dwelling would be sited beyond the “white areas” within Settlement Boundaries, the principle of development is considered to be acceptable in this case as the application site represents previously developed land.

AMENITIES OF NEIGHBOURING RESIDENTS

It is considered that the proposed dwelling would not have a material adverse impact upon the amenities of neighbouring residents. Sympathetic angles have been created so as to maintain a degree of privacy for the Chapel Street residents. Furthermore, the amendments to the garage and fourth bedroom detailed above included the removal of rooflights on both roof elevation and their replacement with 2no. dormer windows facing the courtyard area. In addition, it is considered that the siting of the proposed dwelling would not result in an overshadowing or overbearing impact upon the Chapel Street residents. This has been achieved, in part, due to the reduction in size of the proposal further to the original concerns.

Page 132 of 147 ARCHAOLOGICAL INTEGRITY

The Clwyd-Powys Archaeological Trust state that information retained in the Historic Environment Record indicates that this site falls in an area of high archaeological sensitivity. The site lies within the medieval historic core of Trecastle and the plot falls on a street frontage area which is believed to have been within the former medieval village layout. The site is situated below the Norman motte and bailey castle which lies 80m to the east. It was anticipated by the Archaeological Trust that sub-surface archaeology related to former medieval buildings, their associated deposits and artefacts of all periods may be located within the development site. It was considered that the development would disturb any such remains that are present, but it is impossible to estimate how damaging this might be. Therefore, whilst the application is considered to be acceptable in principle, insufficient information had been submitted under the previous application with regard to the evaluation of the archaeological resource to consider the application in a positive manner. However, the applicants have submitted a report on the subsequent archaeological evaluation, prepared by Nick Tavener Archaeological Services (December 2008). It was concluded that no significant archaeological deposits were located within the study area and, as a result, the Archaeological Trust stated no further objection to the proposal.

CONCLUSION

It is considered therefore that the proposal is acceptable in principle and should be granted further to the applicant entering into a Section 106 Agreement tying the proposed holiday let cottages to the Castle Coaching Inn and securing their use as holiday let cottages and subject to various conditions.

RECOMMENDATION: Permit subject to Section 106 Agreement

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v1, NP2v1, NP3v1 and NP4v1), unless agreed otherwise in writing by the Local Planning Authority. 3 No development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 4 The garage, carports and access thereto relating to the dwelling and 3no. holiday cottages must be reserved for the parking of private motor vehicles only and shall at no time be converted to habitable accommodation. 5 The 3no. holiday let cottages and the hotel/public house known as the Castle

Page 133 of 147 Coaching Inn shall not be sold separately from each other. 6 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking, amending and re-enacting that Order) no development of the types described in Part(s) 1, Classes A to E of Schedule 2, other than that hereby permitted shall be carried out without the written permission of the Local Planning Authority. 7 The 3no. holiday let cottages which, in part, are the subject of this application shall be used for holiday accommodation only and for no other purpose including any other purpose within Class C of the Schedule of the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification. 8 No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the National Park Authority and these works shall be carried out as approved. These details shall include [proposed finished levels or contours and gradients; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (eg. furniture, play equipment, refuse or other storage units, signs, lighting, etc.); proposed and existing functional services above and below ground (eg. drainage power, communications, cables, pipelines, etc. indicating lines, manholes, supports, etc.); retained historic landscape features and proposals for restoration, where relevant]. 9 All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority. 10 Prior to the first beneficial use of the dwelling and holiday let cottages hereby approved, the proposed access and parking area for the Castle Coaching Inn shall be completed in accordance with the approved plans, made available for use and retained in perpetuity thereafter.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 To ensure that the materials harmonise with the surroundings. 4 To ensure adequate off street parking arrangements remain available at all times. 5 It would be contrary to the policies of the Local Planning Authority to grant consent for a separate dwelling in this location. 6 In the interest of the amenities of neighbouring residents and the visual amenities of the wider area in general. 7 The National Park Authority is not prepared to allow the introduction of a separate unit of residential accommodation in this rural location.

Page 134 of 147 8 In the interests of visual amenity. 9 To ensure the site is satisfactorily landscaped. 10 In the interest of highway safety.

Informative Notes:

1 The development to which this permission relates is the subject of an agreement under, inter alia, Section 106 of the Town and Country Planning Act 1990. This permission should be read in conjunction with that agreement.

Page 135 of 147

ITEM NUMBER: 11

APPLICATION NUMBER: 09/02820/FUL APPLICANTS NAME(S): Mr And Mrs Neil Wilstead SITE ADDRESS: Marlins Orchard Lane Llangynidr Powys NP8 1NB GRID REF: E: 315060 N:220075 COMMUNITY: Llangynidr DATE VALIDATED: 13 March 2009 DECISION DUE DATE: 8 May 2009 CASE OFFICER: Mr Ryan Greaney

PROPOSAL Alterations to existing dwelling to extend existing roof space to accommodate two bedrooms and en-suite facilities within existing modified roof space, provide dormer windows to rear (north) elevation, new first floor window to new gable wall facing east (east elevation), and new dormer window to existing stair compartment facing south; In addition new conservatory extension at ground floor level facing

Page 136 of 147 the rear garden (north elevation) with alterations to existing kitchen to provide access to new conservatory; In addition other internal alterations at ground floor level to vary existing room sizes and connecting doors as well as modifying the existing stair access to first floor level and completing the internal roof lining and finishes to fully occupy the existing and modified roof space; ADDRESS Marlins, Orchard Lane, Llangynidr

CONSULTATIONS/COMMENTS Consultee Received Comments

Llangynidr 20th Mar 2009 Opposed to the dormer windows due to Community Council overlooking (velux windows suggested as compromise).

Does not object to conservatory element of proposal.

Powys County 27th Mar 2009 No Comments Council Highways

Crickhowell And 11th Mar 2009 Opposed to the application on the basis of dormer District Civic Society windows causing overlooking into neighbouring properties

Environment Agency 19th Feb 2009 No objection Wales

Llangynidr 25th Feb 2009 Received a number of objections from neighbouring Community Council residents. Objects to the proposal due to overlooking from dormers.

Clwyd Powys 5th Feb 2009 No comment Archaeological Trust

Llangynidr 2nd Feb 2009 Next meeting 24th Feb. Community Council

British Waterways 16th Feb 2009 No objection

Powys County 5th Feb 2009 No Comments Council Highways

Page 137 of 147 CONTRIBUTORS D J C Young, Copper Beech House, Orchard Lane Mrs B Price, 4 Blaen-Y-Myarth, Crickhowell G Parsons, 5 Blaen-Y-Myarth, Crickhowell Mr And Mrs Jones And Miss Jones, 6 Blaen-Y-Myarth, Crickhowell M E Sutherland, 8 Blaen-y-Myarth, Llangynidr

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

Numerous objections have been received objecting to the application for the following reasons: - Loss of privacy (to Copper Beech House and properties at Blaen-Y-Myarth) - Would contravene the Planning Inspectorate decision - Proximity of Marlins to bungalows at the rear - The extension would be out of character with the bungalows surrounding the site - The additions cannot be described as modest

RELEVANT POLICIES

G3: “Development in the National Park” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) ES27: “House Extensions and Ancillary Buildings” (Unitary Development Plan 2007) LPG3: “Development in the National Park.” (Local Plan 1999) LPH14: “House extensions and ancillary buildings” (Local Plan 1999)

PLANNING HISTORY

App Ref Description Decision Date

K9600 Full Planning permission for Refuse 14.10.1988 erection of new dwelling house

K11759 Full planning permission for Permit 12.04.1991 bungalow

OFFICER’S REPORT

INTRODUCTION

This application relates to a roof extension, comprising the building up of hips to form gable ends and front and rear dormer windows, and conservatory at Marlins, Orchard Lane, Llangynidr.

Page 138 of 147

It was requested by Councillor Morgan that this application be heard at Committee as the original dwelling was granted at Appeal and was subject to conditions relating to its size and design. Also, objections have been raised by the Community Council and neighbours on design, size and overlooking grounds.

SITE DESCRIPTION

The application site is relatively large and near triangular in shape. It is relatively flat and comprises a single dwelling which, from the outside, appears to be single storey in nature. However, the existing plans illustrate 3No. rooms are accommodated within the roof space. The dwelling is located in the centre of the site ensuring that relatively generous distances exist between this and neighbouring dwellings.

Marlins is accessed via the private access track known as Orchard Lane which serves, and is maintained by, a number of dwellings. Marlins is in fact bordered by Ashford, Orchard View, Ty’r Onnen and Copper Beech House who are also served by Orchard Lane as well as 5 and 6 Blaen Y Myarth to the rear.

Orchard Lane and Blean-Y-Myarth, assessed as a whole, are characterized by a variety of property types in terms of both their sizes and design.

PROPOSAL

It is proposed as part of this application to build up the existing hipped roof to provide ‘half hipped’ elevations on each side. It is proposed to install a window, which serves a bedroom on the south east (east according to the plan) elevation. A dormer window is also proposed on the front elevation and 3No. dormer windows are proposed at the rear. The front dormer would provide additional headroom for the proposed landing area, whilst the rear dormers would provide sufficient space for the en suite of the third bedroom as well as space for a fourth bedroom and en suite.

The application, therefore, seeks to formally utilize the existing roof space as habitable accommodation.

A conservatory is also proposed to the rear. The proposed conservatory would measure 5.4m in width by 3.7m in depth. It would have a maximum height of 4m with a hipped fibreglass roof.

SITE HISTORY

Outline planning consent was granted at Appeal in August 1989 for the erection of a detached dwelling under application reference K9600. This consent was subject to a number of conditions, most notably the requirement that the ‘dwelling hereby

Page 139 of 147 permitted shall be limited to a single storey dwelling’.

In April 1991, Full planning consent was granted for the erection of a bungalow. Concern was raised during the consideration of this application regarding the pitch and ridge height of the proposed dwelling as it would facilitate habitable accommodation at first floor level contrary to the above Appeal decision. Amendments were submitted for consideration as a result and permission was granted subject to condition. Again, the most notable condition was that which removed the Permitted Development Rights for any external alterations or extensions.

POLICY CONTEXT

Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework. This application is considered against policies G3 and G6 of the UDP and policies G3 and G7 of the Local Plan. Local Plan policies will only be considered where they differ significantly from their UDP counterparts.

MATERIAL PLANNING CONSIDERATIONS

The main material planning considerations pertinent to this scheme are the principle of development (bearing in mind the relevant planning history), its impact upon the visual amenities of the area and amenities of neighbouring residents, the public response to the application and its impact upon highway safety.

APPRAISAL

Principle of Development

As noted above in the ‘Site History’ section of this report, Outline planning permission and then Full planning permission was granted for a single storey dwelling on this site. Conditions were placed on both consents ensuring (in the case of the Outline) that the dwelling would remain as a single storey dwelling and, under the Full approval, no extensions or alterations could be constructed without the prior written consent of the LPA.

In terms of the Outline approval, this was granted at Appeal, the Planning Inspector stated in response to numerous objections from neighbouring residents that he was “unable to agree that the proposed dwelling would detract from the amenities of neighbouring properties…There are some bungalows adjoining the boundaries of the appeal site and some of their occupiers fear that the proposed house would overlook them to such an extent that their privacy would be diminished. I am not satisfied that this is a wholly justified complaint but in order reduce any possible overlooking to a

Page 140 of 147 minimum I propose to impose a condition limiting the development to a bungalow. In my view, that should remove any risk of an unacceptable loss of privacy”.

This consent was subsequently superseded by the Full consent. However, reference had been made during the consideration of this application to the Inspector’s comments above. As a result, the Permitted Development Rights were removed ensuring the roof space could not be converted/extended without prior written consent by the National Park.

It is considered, therefore, that the main material consideration should be whether the proposed roof extensions would have a significant material adverse impact upon the amenities of neighbouring residents. The Inspector has stated that he was not satisfied, under the outline application that the dwelling would detract from the amenities of neighbouring properties. With this in mind, the proposal under consideration should be assessed on whether it is reasonable to restrict this property to a single storey dwelling.

Public Response

Numerous objections have been received objecting to the application for the following reasons: - Loss of privacy (to Copper Beech House and properties at Blaen-Y-Myarth) - Would contravene the Planning Inspectorate decision - Proximity of Marlins to bungalows at the rear - The extension would be out of character with the bungalows surrounding the site - The additions cannot be described as modest

Amenities of Neighbouring Residents

Despite the concerns of neighbouring residents, it is considered that the proposed development would not have a significant material adverse effect upon the amenities of neighbouring residents. It is illustrated on the submitted site layout plan that the proposed fourth bedroom window is sited some 21m away from the nearest boundary, shared with 6 Blaen-Y-Myarth. In addition, according to Ordnance Survey records, the distance between the proposed window for bedroom 3 and the second bedroom of Copper Beech House is approximately 22m. It should also be noted that each window would not face each other directly due to the orientation of the dwellings.

In loss of privacy and overlooking terms, it is considered that a distance in excess of 21m between habitable room windows is generally acceptable. Indeed, the proposed scheme would achieve distances in excess of this on all three elevations where windows are proposed. In addition, the boundary with the properties of Blean-Y-Myarth is lined by trees and hedgerow and fencing measuring approximately 1.8m in height. It is considered that this would serve to screen the rear amenity spaces of those properties from the proposed development.

Page 141 of 147 Whilst it is acknowledged that the Planning Inspector considered it prudent to restrict any dwelling to a single storey under the outline consent. He also acknowledged that the complaints relating to loss of amenity for neighbouring residents were not wholly justified.

To this end, due to the distances that exist between the application site dwelling and its neighbours, it is considered that it would be difficult to demonstrate that the proposed development would have a significant adverse impact upon the amenities of neighbouring residents and it would be unreasonable in this case to restrict the applicants from developing the roof space to form a dormer bungalow. Indeed, the reason for restricting the dwelling to single storey was to remove any “risk” of a loss of privacy. It is considered that the proposed development would not realise this perceived risk.

It should also be noted that the rear amenity spaces of the properties of Blaen-Y-Myarth can be overlooked at present from the first floor of Copper Beech House. It is considered, therefore, that the provision of dormer windows at Marlins would not serve to introduce overlooking into this locality. In addition, due to the orientation and height of Marlins, it is considered that the existing hedge and fencing would serve to mitigate the potential impact of the proposal on the occupiers of the Blaen-Y-Myarth properties as noted above.

It is considered that the proposed conservatory would not have a material adverse effect upon the amenities of neighbouring residents. No objections have been raised to this aspect of the proposal.

Visual Amenities of the Area

It is considered that the proposed development would not have a material adverse effect upon the visual amenities of the area. Orchard Lane is characterised by a variety of property types, designs and sizes and dormer window features are prevalent in this area. It is considered, therefore, that the proposed dormer extensions would not appear as alien features in the street scene.

In addition, it is not proposed as part of this scheme to raise the ridge height of the dwelling. It is considered, as a result, that it would not serve to unbalance its existing relationship, in terms of height, with its neighbours. The neighbouring Copper Beech House is a relatively large two storey dwelling and is significantly larger than Marlins. It is considered that Marlins would remain as sub-servient, in terms of its scale and height, to Copper Beech House should the application scheme be implemented.

Whilst it is acknowledged that significant works are proposed to the roof, it is considered that the plot and dwelling itself is sufficiently large to accommodate such a proposal without adversely affecting its appearance and the character of the wider area.

Page 142 of 147 Drainage

Concerns were initially raised regarding the use of an existing septic tank to accommodate the proposal. This was included in the application by mistake, however, and has been amended to show the dwelling is connected to the mains system. Dwr Cymru Welsh Water has been consulted but has made no comment to date.

Highway Safety

Powys County Council Highways have made no comment with regard to proposed development. Nevertheless, it is considered that the proposed scheme would not have an adverse impact upon the local highway network. As stated above, the site is relatively large and a minimum of 4No. vehicles could be parked within the site, which is more than adequate to accommodate this proposal.

Orchard Lane is a very narrow, privately owned road. Despite this, it is considered that the volume of additional traffic created as a result of the development would be negligible and would not, therefore, have a significant impact upon this already sub- standard access track nor upon its junction with the adopted highway.

CONCLUSION

Overall, it is considered that the proposed development would be acceptable in planning terms. It is recommended, therefore, that the application should be granted subject to the following conditions.

RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1V1, NP2v1 and NP3v1), unless agreed otherwise in writing by the Local Planning Authority. 3 The materials to be used in the construction of the external surfaces of the extensions hereby permitted shall match those used on the existing building 4 The en suite dormer windows hereby approved shall be obscurely glazed.

Reasons: 1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 To ensure the external materials harmonise with the existing building. 4 In the interest of the amenities of the applicants as well as neighbouring residents

Page 143 of 147

ITEM NUMBER: 12

APPLICATION NUMBER: 09/02842/FUL APPLICANTS NAME(S): Mr Richard Levy SITE ADDRESS: Craig Y Nos Country Park Brecon Road Penycae Swansea SA9 1GL GRID REF: E: 283969 N:215572 COMMUNITY: Tawe Uchaf DATE VALIDATED: 20 March 2009 DECISION DUE DATE: 15 May 2009 CASE OFFICER: Mr Paul Rossington

PROPOSAL Change of use of the ground floor of the Visitor Centre at Craig-y- Nos Country Park. The interpretive exhibition space and retail shop will be changed to a cafe. Indoor seating will be provided as well as outdoor seating on the terrace in front of the building ADDRESS Craig Y Nos Country Park, Brecon Road, Penycae

CONSULTATIONS/COMMENTS Consultee Received Comments

Page 144 of 147

CADW Ancient Comments awaited Monuments Administration

Powys County 3rd Apr 2009 No Comments Council Highways

Tawe Uchaf Comments awaited Community Council

CONTRIBUTORS

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY None received to date.

RELEVANT POLICIES

G3: “Development in the National Park” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) Q7: “Historic Parks and Gardens” (Unitary Development Plan 2007) Q8: “Historic Landscapes” (Unitary Development Plan 2007) Q20: “Development relating to the enjoyment of” (Unitary Development Plan 2007)

PLANNING HISTORY App Ref Description Decision Date

None

OFFICER’S REPORT

SITE DESCRIPTION

The application relates to the use of the ground floor of the Visitor Centre at Craig-y- nos Country Park, a building set alongside the A4067 just north of Pen-y-cae. The building is an established part of the Country Park Visitor Centre in that it faces the Park area and the large car park that is associated with the attraction and its facilities.

All of the external features of the building and its surroundings are unaffected by this change of use proposal, with the Grade 2* Historic Garden remaining and functioning as at present.

Page 145 of 147 PROPOSAL

The change of use of the ground floor of the visitor centre (following its closure in September 2008) to a cafe, is a complementary use to the existing visitor attraction and its publicly accessible facilities. The proposal is to retain the shop area inside the centre and re-use it as a trading point / servery for hot and cold drinks and light snacks. Two of the three rooms inside the centre will be used as public seating areas with the third room remaining as unused. The small kitchen area will be redeveloped in line with current Environmental health regulations and will form the food preparation area. Access requirements are fully compatible with Building regulations allowing free access for use by mobility impaired visitors. A hearing loop will be retained for cafe users.

CONSIDERATION

Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but which was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework. This application is considered against policies G3, G6, Q7, Q8 and Q20 of the UDP and policies LPG3, LPG8, LPCB11.

The main consideration in this case is the likelihood of any unacceptable, direct or indirect impacts upon the special qualities of the National Park, the Historic Park or Garden and the public's enjoyment of the amenity of the area.

APPRAISAL

Policy G3 of the UDP (2007) sets the general and specific criteria for assessing all proposals for development or change of use in the National Park. In all respects the submitted details and proposals for this new use at Craig-y-nos comply with the stated criteria that are relevant at G3 i), v), vii), ix) and xi).

Policy G6 of the UDP (2007) deals with design issues and whilst there are no external changes to the application building there are clear statements that an "inclusive design" approach has been taken.

Policy Q7 of the UDP states that development will be permitted where the essential integrity and coherence of an historic park or garden, and its setting, is preserved or enhanced. In this case there is no impact and the essential features are preserved.

Policy Q20 of the UDP is directed at a consideration of the development of facilities relating to the enjoyment of the National Park - tourism, recreation and education. This proposal clearly approaches the needs of those residents and visitors to the Park by uniting the locational advantages of a building at a visitor centre and attraction, with an additional area of visitor demand (food and drink). The proposals clearly satisfy the criteria contained in this policy.

Page 146 of 147

The assessment of this proposal leads your officers to conclude that in all respects it accords with Planning Policy. There are no unacceptable impacts that arise, indeed the change of use at this location makes beneficial use of the existing highway links and access point, the existing surface car park, the existing public facilities on site and the well laid out and accessible pedestrian circulation routes around the site and the building. It is considered therefore that the proposal is acceptable and recommended for approval.

RECOMMENDATION: Permit

Conditions and/or Reasons:

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

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

Page 147 of 147