PLANNING, ACCESS AND RIGHTS OF WAY COMMITTEE 18 June 2019

Application Number: 18/16814/FUL Date Validated: 7 December 2018 Site Address: Land To The North Of St. Decision Due 18 June 2019 Teilo's Church And South Date: And East Of New House, Llantilio Pertholey Monmouthshire NP7 6NU

Grid Ref: E: 331115 N:216449 Proposal: Residential Development of 18 units Case Officer: Donna Bowhay Community: Llantilio Pertholey

Reason(s) Application Major Planning Application Reported to Committee:

RECOMMENDATION: Refuse

1. Description of Development

The proposed overall scheme relates to residential development on land to the north of St Teilo's Church, and south and east of New House, Llantillio Pertholey. The proposal is for construction of 32 new residential units on 26 plots across the overall development site which crosses the administrative boundary between Monmouthshire County Council (MCC) and Brecon Beacons National Park (BBNP). 11 plots (now revised to 10 plots) and the main access are proposed within MCC and 15 plots providing 18 units, a new internal access road and footpaths would be located within BBNP and is the subject of this application.

The development is referred to as an 'Eco development' and a sustainable development of innovative, landmark design. This applicant states that this is achieved by the retention of the natural landscape, use of sloping topography, green roofs, heating and water to be provided by air source heat pumps, electric vehicle charging points, use of sustainable drainage.

The development proposes a mixture of 2 bedroom flats, and 3,4 and 5 bedroom houses as set out below:-

House Type 1 - 3 bed (99sqm) x1 House type 2 - 3 bed (127sqm) x 2 House type 3 - 4 bed (170sqm) x6

Page 1 of 31 House type 4 - 2 bed flats (Flat A 73sqm, Flat B 59sqm) x6 House type 5 - 5 bed (193sqm) x2 House type 5a - 5 bed (193sqm) x 1.

It is proposed that 6 of the 18 residential units (House type 4) would be affordable.

Three plots are proposed to the west of the Gavenny River and 12 plots (15 units) to the east including 6 flats in 3 buildings. A central corridor is shown to maintain a green corridor of the Gavenny River and amenity space. The existing hedgerows are to be retained.

The proposed units would be split level to follow the slope of the ground and built using structurally insulated panels with external materials including timber, brickwork, metal cladding with grey aluminium windows and grass roofs with roof lights.

The heights range from 8.248m to the ridge level for house type 1, 5.935m for house type 2, 8.190m for house type 3, 8.092m for house type 4, and 8.31m for house type 5.

The proposed site plan shows a new access road built to adoptable standards entering the site from the South West end of the site, in the vicinity of an existing field gate, within MCC. The access extends North into the site with a new vehicle bridge crossing the River Gavenny before curving up to the North East end of the site. In addition, a new pedestrian pathway from Hereford Road is proposed, across the North of the site and over the river via a new footbridge to connect with the new road in the North East corner of the site. Improvements of the junction with Hereford Road are included in the MCC application to widen the road to 5.5m and provide 1.8m footpaths either side.

The residential units would be connected to the existing public sewer. A sustainable drainage system is proposed with green roofs, permeable paving, grasscrete for parking areas and use of water butts would reduce surface water runoff.

As the application represents a major application it is accompanied by a pre application consultation report (PAC).

The application is supported by the following documents:- Planning Statement 1a Appendix A - 2016 pre-application advice 1b Appendix B - 2018 pre-application advice 1c Appendix C - 2016 Design & Access Statement 2. Design & Access Statement BBNPA specific 3. Design & Access Statement Whole Site

Technical Evidence Reports 1. Agricultural Land Assessment 2. Arboricultural Impact Assessment 3. Archaeological Desk Based Assessment 4. Bat Activity Survey 5. Desk Based Study (Contamination) 6. Dormice Survey 7. Ecological Appraisal 8. Ecological Impact Assessment 9. Feasibility Assessment 10. Flood Consequence Assessment (plus Hydraulic Modelling) 11. Geophysical Survey 12. Great Crested Newt Survey 13. Green Infrastructure Appraisal 14. Heritage Impact Assessment

Page 2 of 31 15. Landscape and Visual Impact Assessment 16. Otter and Water Vole Survey 17. Preliminary Ecological Appraisal 18. Reptile Survey 19. Transport Assessment

Pre-application Advice 1. 2016 pre-application advice 2. 2018 pre-application advice 3. 2016 pre-application design & access

Pre-application Consultation Report & Appendices 1. Pre-application Consultation Report 2. Appendices (1-29)

2. Site and Context

The proposed overall scheme relates to a green field site on land to the north of St Teilo's Church, and south and east of New House, Llantillio Pertholey. It lies approximately 1.7 miles from Abergavenny town centre.

The site forms part of New Court Farm and consists of three fields used for grazing purposes. The site is located within the open countryside to the north east of Mardy a suburb of Abergavenny. The site comprises of a valley through which the Gavenny River flows from north to south through the site within a mature tree corridor. The eastern side of the valley slopes fairly steeply up towards the railway line and A465. The land to the west of the river has a gentler slope up towards the Hereford Road.

The eastern boundary lies adjacent to the main Abergavenny to Hereford passenger railway line, and the A465 runs parallel approximately 30 metres further east. To the south lies the Grade I Listed St Teilo's Church and adjacent dwellings. To the north lies modern housing development and old mill buildings which have been converted for residential purposes.

Further to the east the ground rises up gradually to the wooded ridge of Penclawdd and to the west the land rises up towards Ysgryd Fawr at 486mAOD, at 1.5km from the site.

The scheduled remains of St Michaels Chapel and Skirrid Fawr defended enclosure (SAM MM182) are located some 2.3km to the north east.

The site is located within the Skirrid and Sugar Loaf landscape character area of the BBNP Landscape and Development SPG.

A public footpath runs north- south within the eastern part of the site. To the south east of the site a public footpath runs in an easterly direction and crosses the main passenger railway at a level crossing.

The overall proposed application site straddles land between the administrative boundaries of Brecon Beacons National Park and Monmouthshire County Council's Planning Boundary.

3. Planning History

N/A

4. Relevant Local and National Planning Policy

4.1 Brecon Beacons National Park Authority Local Development Plan and Supplementary Planning Guidance

Page 3 of 31 Policy no. Policy SP1 National Park Policy Policy 1 Appropriate development in the Park SP3 Environmental Protection SP11 Sustainable Design Policy 6 Biodiversity and development Policy 7 Protected and Important Wild Species Policy 8 Trees and Development Policy 10 Water Quality Policy 11 Sustainable Use of water Policy 12 Light Pollution Policy 13 Soil Quality Policy 14 Air Quality Policy 17 The settings of listed buildings SP4 Climate Change SP6 Affordable Housing Policy 24 Housing Requirement Policy 28 Affordable Housing Contributions SP5 Housing SP10 Sustainable distribution of development SP17 Sustainable Transport Policy 56 Water and Sewage Supply for New Development Policy 58 Sustainable drainage Systems Policy 59 Impacts of Traffic Policy 61 Dwelling Density SPG Biodiversity and Development 2016 SPG Landscape and Development 2014 SP16 Sustainable Infrastructure SP17 Sustainable Transport SP18 Sustainable use of land

4.2 National Planning Policy and Guidance

Document

Planning Policy Wales: 10th Edition (December 2018) Technical Advice Note 1: Joint Housing Land Availability Studies (2015) Technical Advice Note 2: Planning and Affordable Housing (2006) Technical Advice Note 5: Nature Conservation and Planning (2009) Technical Advice Note 12: Design (2016) Technical Advice Note 15: Development and Flood Risk (2004) Technical Advice Note 18: Transport (2007) Technical Advice Note 24: The Historic Environment (2017

5. Summary of Consultation responses

Consultee Comments

NP Rights Of Way The proposed development affects a public footpath but it appears that this will be Officer subsumed into the estate road that is proposed to service the site.

I do not know the site or the footpath myself but Shaun has suggested that the existing footpath should be diverted nearer to the river to avoid it being lost under the proposed estate road.

Page 4 of 31 In principle, and without the benefit of seeing the site for myself, I would concur with his comments. Having a separate footpath on the site would be of greater benefit to the public than having the footpath subsumed into the estate road.

Monmouthshire Policy for Abergavenny, Crickhowell and Hay on Wye area is 30percent affordable County Council housing. Affordable Housing 18 units x 30percent = 5.4

Our greatest need is for social rented housing. The mix we would suggest is 5 x 4 person 2 bed houses. These would have to be constructed to meet Welsh Government DQR. Notional space standard for a 4 person 2 bed house is 83m2. These units should be delivered through a RSL. For this area the Council's preferred RSL would be either Monmouthshire Housing Association or Melin Homes. The RSL would pay 42percent of Welsh Government ACG for the affordable homes.

Monmouthshire I note the close location of Hereford Rd to the west of the site and the railway County Council line and A465 to the east. Environmental Health In my view the potential for disturbance from road traffic / railway noise on the use and enjoyment of the proposed residential properties should be considered.

I therefore recommend that a noise assessment is undertaken by a suitably qualified person(s) to assess which Noise Exposure Category ( or Categories ) the proposed site falls within as provided in Planning Guidance Wales 'Technical Advice Note ( Wales ) 11 :Noise'. The report should provide appropriate recommendations based on the Noise Exposure Categories determined.

Air Quality As the development has more than 10 residential units and 10 car parking spaces, an Air Quality Impact Assessment would be required if the development will have a change of vehicle flows of more than 500 AADT. The full development site for both the 18 houses in BBNP and 14 houses in MCC planning areas should be taken into account.

I would recommend that the cumulative impacts (for both air quality and traffic) from this development, the 250 Deri Farm development (DC201401360), along with any other large developments (air quality) within Abergavenny and Llanfoist are considered, including their impacts on local roads, the A40 and A4143 (Merthyr Road), which is close to the air quality objective level for nitrogen dioxide. The properties at the junction of Pen-y-Pound and Park Road (A40) should also be considered in particular.

In addition there are a further two current planning or pre- applications in the immediate area west of this site - 50 houses Land North of Hillgrove (DM201801498) and 150 houses at Penlanlas Farm that should be taken into consideration for air quality impacts.

Both construction phase and operational phase should be considered in the Air Quality Impact Assessment.

Page 5 of 31 Contaminated Land I note that on the MCC planning application a desk top land contamination study has been undertaken, that makes proposals for further intrusive site investigation including 25 soil sampling from trial pits and 6 bore holes for gas monitoring over a 6 month period (6 total visits), and potential additional leachate testing within soil and groundwater. The report appears to cover both BBNP and MCC sites (32 residential units over 2.21 Hectares).

I would recommend that a site investigation/risk assessment procedure be undertaken by the developer in accordance with CLR11 Model Procedures for the Management of Land Contamination available from: https:www.claire.co.ukinformation-centre/water-and-land-library-wall/45-model- procedures/187-model-procedures (please see full consultation reports)

Natural Resources We object to this proposed development as submitted. We do not consider the Wales/Cyfoeth landscape and visual impact on the Brecon Beacons National Park could be Naturiol Cymru overcome by changes to the proposed development.

Notwithstanding the above, we also have significant concerns with the proposed development on other environmental matters of interest. The requirements which need to be met are set out in the full report.

We have received initial comments from our Flood Risk Analysis team regarding the FCA model files associated with this consultation.

The figure below shows the approximate location of the modelled cross sections (red) compared to the proposed site (green). The furthest upstream and downstream cross sections (CS2 and CS8) are very close to the site. From our perspective, the boundary conditions within the model should be sufficiently far enough away from the area of interest so as to remove the potential for instabilities within the water levels.

Dwr Cymru Welsh No development shall commence until a drainage scheme for the site has been Water - Developer submitted to and approved in writing by the local planning authority. The scheme Services shall provide for the disposal of foul, surface and land water, and include an assessment of the potential to dispose of surface and land water by sustainable means. Thereafter the scheme shall be implemented in accordance with the approved details prior to the occupation of the development and no further foul water, surface water and land drainage shall be allowed to connect directly or indirectly with the public sewerage system. Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment.

Wales And West According to our mains records Wales & West Utilities has no apparatus in the Utilities area of your enquiry. However Gas pipes owned by other GT's and also privately owned may be present in this area. Information with regard to such pipes should be obtained from the owners. Safe digging practices, in accordance with HS(G)47, must be used to verify and establish the actual position of mains, pipes, services and other apparatus on site before any mechanical plant is used. It is your

Page 6 of 31 responsibility to ensure that this information is provided to all persons (either direct labour or contractors) working for you on or near gas apparatus. Please note that the plans are only valid for 28 days from the date of issue and updated plans must be requested before any work commences on site if this period has expired. Any information you provide as part of this application process for our services will only be used in accordance with our privacy notice statement which can be found on our website www.wwutilities.co.uk. Alternatively a paper copy can be provided to you on your request by contacting our Data protection Officer at [email protected]

Llantilio Pertholey It is the Council's view that the proposed application would involve excessive Community Council vehicular use of a narrow road leading from Hereford Road down to the application site, which would be unable to cope with the extra use. It is also noted that there would be a potential road traffic hazard presented by an inadequate vision splay at the point where that road adjoins Hereford Road, and the Council also was unable to see how the access to the site itself off that narrow road could be enlarged sufficiently to permit access to and egress from the site.

It is also the Council's view that the drainage and sewage facilities would be overburdened by the number of units which are proposed, with consequent danger of pollution of the neighbourhood in general, the church and the existing dwellings in its environs, and the Gavenny brook in particular.

For the avoidance of any doubt, I would state that my Council objects to the proposed building works, and would be for rejection of the application.

NP Heritage Officer Consultation of the regional HER and resources held by the Brecon Beacons Archaeology National Park have indicated that the proposed development is within an area of known archaeological sensitivity and archaeological remains may survive within this development site. As such, archaeology is a material consideration in the determination of this planning application. It is recommended that this application is not determined until the archaeological resource has been assessed through a programme of archaeological works in order to evaluate the nature, extent, preservation and significance of any archaeological deposits that survive on this site, and the impact of the proposed development on them.

A copy of the Evaluation report shall be submitted to the Local Planning Authority for approval. Following approval, the report will inform further works necessary: determination of the application/ or whether further archaeological work is required.

Scheduled Monuments: The application is located within 3 kilometres from the perimeter of a scheduled monument and is likely to be visible from it, and has an area of 1ha or more. As such, Cadw will require consultation on any potential effect upon the site or setting of the scheduled monument(s) in association with any future application for the site, in accordance with the Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016, and PPW, Paragraph 6.5.9.

NP Tree Consultant I have serious concerns about the negative impact the proposals will have on the

Page 7 of 31 health and longevity of the trees across the site, the effect on the visual amenity of the TPO'd treescape and the potential fragmenting of an important green corridor along the River Gavenny. I therefore recommend that the application is refused.

Brecon Beacons Park We consider that the proposed development would be contrary to the statutory Society purposes of the National Park and to a number of National Park policies. National Parks must be afforded the highest status of protection from inappropriate developments (Planning Policy Wales Edition 10.6).

We believe that this proposed development would adversely affect the landscape and cultural heritage of the National Park and reduce the public enjoyment and appreciation of the views of this special landscape. The society therefore wishes to object to the application.

NP Heritage Officer The proposed housing development would urbanise the valley on the north side of Building St Teilo's Church. The rural setting which makes an important contribution to the Conservation significance of St. Teilo's Church and churchyard would be destroyed. The proposal therefore adversely affects the setting of a listed building which is contrary to Policy 17 of the Brecon Beacons National Park Local Development Plan. The harm to the setting of Mill House, an undesignated heritage asset is also contrary to Policy 1 of the Brecon Beacons National Park Local Development Plan since the proposal does not maintain or enhance the quality and character of the Park's cultural heritage and built environment.

Network Rail Level After studying the details submitted and consultation with our Level Crossing Crossing Manager Manager, Network Rail objects to this proposal.

We note in the transport report; the developer has not assessed the footpath crossings near to this proposed development. Therefore, in the absence of an assessment being carried out our objection will remain until a satisfactory assessment has been submitted.

Information should include detail of the existing use and the predicted use at the 3 crossings, (Wern Arran, Llantillo Pertholy 162, Llantillo Pertholy 24). This will provide the information needed to calculate any potential impacts on the railway. Where there is an adverse impact on the operation of the railway, Network Rail will require appropriate mitigation measures to be delivered as part of the planning application process

A risk assessment has been carried out by our Level Crossing Manager regarding the impact this proposal will have on the crossing. We note we still do not have details from the developer's that an assessment has been carried out regarding the footpath crossing. Once we have received these details, our Level Crossing Manager will be able to review and make further comments and advise what mitigation measures may be required.

Page 8 of 31 NP Planning Ecologist The development is not in accordance with LDP Policy 6 as there will be an unacceptable impact on Priority Habitats and Priority Species as listed under Section 7 of the Environment (Wales) Act 2016. Habitats - marshy grassland, hedgerows and the watercourse Species - otter, great crested newt, bats, white-clawed crayfish

In particular, the mitigation measures for great crested newt terrestrial habitat as well as reptiles and dormice, are inadequate and require amendment. (See Full Report)

Copies of the full consultation responses can be found on our website at: Public Access 5. Third Party Representations

The application has been advertised by means of a site notice, neighbour notification and a press notice. The following provides a summary of the comments that have been raised:- Site of a SINC in MCC and environmental reports show overall site is important for habitat species of bats, gcn, snakes, Duty to conserve it River Gavenny home to otters, kingfishers and brown trout, and birds and habitat adjacent to river Existing ecological features of value locally and at a county level Any mitigation cannot replicate loss Trees are covered by TPO's and other trees and hedges on site provide valuable habitat New trees and hedges are not a suitable replacement Design out of keeping, blot on landscape, not suited to rural hamlet Visual impact unacceptable Damage setting of St Teilo's Church Increase traffic to detriment of local community and for tourism Existing access dangerous and inadequate Damage character of area, and visual impact particularly from proposed engineered 50m road bridge - an eyesore with visual impact on surroundings Proposing Eco village does not overcome damaging impact Site not included in current LDP Disruption and increased traffic, noise and dust pollution due to construction Development does not benefit ecology, wildlife and natural beauty Increase in traffic using local roads and disruption to use of St Teilo's Church, horse riders, walkers and cyclists and agricultural vehicles Wellbeing of local residents and environment more important than profit from development Existing services will not be able to cope Increase in impermeable areas and loss of vegetation may cause flooding issues in local area Detriment to condition of River and ecosystem from increase in pollution Similar promises to use sustainable materials, use local labour and minimise removal of material not secured on nearby site Concern that value engineering and viability issues so that eco- development would not be built Question whether units are eco - what is performance rating. Does not protect and enhance ecology. Question viability Term eco village only a marketing ploy Potential major impact on habitat of bats, loss of hedgerows and tree habitats for range of species, Question validity of FCA as makes no ref to culverts/tributaries on site Consider that retaining walls/gabion baskets will be required adj to the river which is not always a shallow running river as stated in DAS No measures in place re close proximity to railway line and unprotected level crossing Not required for security of Listed church Overshadowing and right to light to the Mill and Corn Mill from plots 12 -21

Page 9 of 31 Idealic setting will be compromised and well being of residents 2-3 years of construction disturbance More suitable sites to develop Increase in noise and light pollution from development Over development of site Detrimental impact on beauty, peace and quality of life in peaceful rural hamlet within the NP and opposite Grade I historic building Should preserve existing green spaces Development does not complement historic area of Old Mill and listed St Teilo's church Inadequacy of local road network Spoils beauty spot and enjoyment of wildlife and habitats Destruction of habitat will not be able to recover

Other comments have been made which are not relevant planning considerations such as views, house values. Llantilio Pertholey Action Group - forwarded a report stating that the scheme is not viable commercially due to the complexity of the site and likely ecological and environmental concerns. Abnormal costs - challenging topography with retaining structures required, adoptable road costs, land is poorly drained requiring additional piling measures, river bridge is significant engineering, noise attenuation from railway line, widening of existing A road, green roofs, extensive link to sewer. Have not taken into account any s106 contributions. Surely more suitable sites to develop.

Nicholas Ramsay AM - Given that the centre of Llantilio Pertholey is an historic site, with an untouched landscape, it is important that any future development is in proportion and in keeping with the surroundings. Local residents against dev on this scale, out of place, some rising to three storeys and some immediately opposite the church. Centre of site is a wide floodplain and site lies outside the LDP.

Abergavenny and District Civic Society Object in principle as well as having detail concerns Minimal changes since PAC Departure from LDP and not acceptable even without 5 year land supply - LDP Revision way forward Undeveloped character of Gavenny valley and setting of church would not be protected and enhanced due to incongruous design which makes inadequate ref to context and distinctive local character Should give no weight to novel architecture Proposals do not meet sustainable transport, biodiversity, river pollution or flood protection policy requirements Site is Grade 3 agricultural land Particularly object to development east of the river as might open way to northward extension.

6. Well Being and Future Generations (Wales) Act 2015

The well-being of Future Generations (Wales) Act places a duty on public bodies to carry out sustainable development to improve the way in which we achieve the social, economic, environmental and cultural well-being of Wales. The National Park must act in accordance with the sustainable development principle and seek to ensure that the needs of the present are met without compromising the ability of future generations to meet their own needs. As part of this duty public bodies must set and publish objectives which are designed to maximise its contribution to achieving each of the well-being goals. The 7 goals are: - A prosperous Wales - A resilient Wales - A healthier Wales - A more equal Wales - A Wales of cohesive communities - A Wales of vibrant culture and thriving Welsh language

Page 10 of 31 - A globally responsible Wales

The primary objective of Planning Policy Wales Edition 10 (2018) is to ensure that the planning system contributes towards the delivery of sustainable development and improves the social, economic, environmental and cultural well-being of Wales as required by the Well-being of Future Generations (Wales) Act 2015.

The recommendations made by the Strategy and Policy Team are made in line with the Strategic and individual policies within the adopted Local Development Plan. It is considered that the Local Development Plan has been prepared to ensure the sustainable development of the National Park, particularly in relation to Environmental protection, sustainable distribution of development, housing, economic well-being, sustainable tourism, sustainable communities, sustainable infrastructure and various other considerations.

7. Planning Obligations: N/A in light of recommended refusal.

9. Assessment:

9.1 The first stage in assessing a development proposal is to establish the proposal against the Key Gateway Test -Strategic and Spatial Choices issues, set out in PPW. These issues are Placemaking (Good Design, Promoting Healthier Places, The Welsh Language, Sustainable Management of Natural Resources, Placemaking in Rural Areas) and Strategic Placemaking (Spatial Strategy and Search Sequence, Accessibility, New Settlements, Previously Developed Land, The Best and Versatile Agricultural Land, Development in the Countryside, Supporting Infrastructure, Managing Settlement Form). Only the relevant topics are assessed below.

9..1.1 Strategic Placemaking The development plan for the area is the Brecon Beacons National Park Authority Local Development Plan 2007-2022 (LDP). Section 3.1.3 of the LDP sets out that whilst the National Park is a landscape designation there are instances where strict application of the boundary in making decisions is not appropriate. As previously set out, section 62 (2) of the Environment Act (1995) places a duty on LDPs to have regard to the National Park purposes in making planning decisions which may impact on the National Park. The Authority will use LDP policy SP1 in commenting on proposals that impact on the National Park. Policy SP1 sets out the following:-

Development in the National Park will be required to comply with the purposes and statutory duty set out in legislation, and will be permitted where it: a) Conserves and enhances the natural beauty, wildlife and cultural heritage of the Park; and/or b) Provides for, or supports, the understanding and enjoyment of the special qualities of the National Park in a way that does not harm those special qualities; and c) Fulfils the two purposes above and assists the economic and social well-being of local communities.

The proposal is located in an area of open countryside as defined by the LDP Proposals Map. The LDP defines countryside locations as areas unsuitable to accommodate future development in accordance with the Environmental Capacity of the National Park. In these areas there is a presumption against development with the exception given to those development forms where there is a defined essential need for a countryside location.

The spatial strategy of the Local Development Plan is the spatial expression of the Environmental Capacity Approach. This approach seeks to ensure that future development enabled through the LDP complies with Section 62(2) of the Environment Act 1995 in regards to the National Park Statutory Purposes and Duty. Areas defined as countryside were assessed to be unsustainable locations for development, without capacity to accommodate growth and with no community desire for growth. In

Page 11 of 31 these areas there is a presumption against development, in accordance with National Policy, unless there is a defined essential need for development. Enabling appropriate development in countryside is detailed within policy CYD LP1. This policy does not support new open market dwellings within a countryside location.

The application is considered to be a departure from the Local Development Plan policy.

With reference to the ministerial decision in relation to dis-applying paragraph 6.2 of Technical Advice Note 1 (Joint Housing Land Availability Studies). This removes the paragraph which refers to attaching considerable weight to the lack of 5-year housing land supply as a material consideration in determining planning applications for housing. It is now a matter for Authorities to determine the weight attributed to the need to increase housing land supply where a Local Planning Authority has a shortfall in its housing land. This came into force on the 18th July 2018.

It is accepted that the BBNPA's Joint Housing Land Availability Study 2018 shows that the Authority demonstrates a 3.9 years housing land supply. The Authority have commenced review on the Local Development Plan and it is clear that housing land supply will be catered for within any preferred agreed strategy. It is therefore considered that the applicant may wish to engage within the review process.

The applicant claims that the development would be a windfall site, meeting national housing need with minimum environmental harm and be well related to the existing urban form and amount to a logical extension to MCC LDP allocation SAH1 (Deri Farm) and therefore a logical extension to Abergavenny. The applicant considers that the site lies adjacent to residential development towards the north and south of the site and is not allocated as green belt or green wedge.

These arguments in favour are not agreed. The allocation site SAH1 in MCC is clearly separated from the application site, in physical and landscape terms. The site lies in the open countryside where protection policies apply and the site would not be considered as rounding off. The residential development to the north of the site was allowed on appeal principally as the land was previously developed land, which does not apply to the application site. Furthermore, there are also significant landscape, biodiversity, historic environment and flood risk impacts that are raised by the proposed development, as set out in the detailed assessment below.

9.1.2 The best and versatile agricultural land

PPW 10 Para 3.55 advises that agricultural land of grades 1, 2 and 3a is the best and most versatile and should only be developed if there is an overriding need for the development.

Policy 13 of the LDP states that developments which have an unacceptable adverse impact on soil quality will not be permitted.

The applicant's agricultural consultant has advised in a letter dated 29.08.2018 that the overall site is classified as mixture of Grade 3a and 3b, the land being undisturbed permanent pasture parts infested with weeds and other invasive species.

Whilst it is recognised that the whole site is not grade 3a, there is considered to be no overriding need for the development.

It is therefore considered that the proposed development is contrary to the provisions of PPW and policy 13 of the LDP.

9.1.3 Placemaking in rural areas

PPW 10 Para 3.34 states that 'the countryside must be conserved and where possible, enhanced for the sake of its ecological, geological, physiograpic, historical, archaeological, cultural and agricultural value and

Page 12 of 31 for its landscape and natural resources. '

In this regard it is considered that the economic grounds for the application are not outweighed by the need to conserve and enhance the existing ecological, historical, archaeological, cultural and agricultural value of the countryside site and its landscape and natural resources.

9.1.4 Good design

PPW 10 Para 3.4 advises that 'Meeting the objectives of good design should be the aim of all those involved in the development process.' which is illustrated by Figure 7 in the Good Design Wheel.

In this regard it is considered that the scale of the development has the potential to have an adverse impact on the special qualities of the National Park in terms of its natural beauty, wildlife and cultural heritage, peace and tranquillity.

It is considered that the proposed residential development would amount to an incongruous form of development which would not be sympathetic to the rural character of the site. It would appear as over development and overly engineered and would not preserve the landscape setting or existing green infrastructure.

The proposed layout, form, scale and visual appearance of the development is not considered to take account of its context and reinforce the local distinctiveness of the countryside location of the site, within the Brecon Beacons National Park.

The Design Commission Review Report of 11.10.2018 supported the aspiration to create sustainable lifetime homes but identified some key issues for the design including the constrained nature of private amenity space, aggravated by the proximity to the railway and Hereford Road (with associated noise), and potential overshadowing by adjacent homes; the use of the central public amenity space does not respect its ecological and landscape constraints, all the proposed units appear very similar in elevation and materials and there is no variety to respond to placemaking aspirations, and the highway proposals appear over engineered and perhaps unnecessarily wide and a more pedestrian focused approach is suggested and use of communal areas for turning movements. It is considered that the minimal changes to the proposals have not addressed these concerns.

In terms of sustainable design, the residential units are proposed to deliver sustainable lifetime homes. The applicant states that sustainable development is to be achieved by the retention of the natural landscape, use of sloping topography, green roofs, heating and water to be provided by air source heat pumps, electric vehicle charging points, use of sustainable drainage.

Overall, it is considered that the proposed residential development would have a substantial and adverse impact on the character and amenity of the site and immediate locality and therefore upon the special qualities of the National Park. The concerns relate to the scale, form, design, layout of the proposal which is considered inappropriate to its location. The proposal is an intensive development with large scale buildings that would not integrate well with the locality and is inappropriate to this sensitive site. There is also concern about the engineered nature of the development, the likely need for retaining features and the significant road bridge structure. It would amount to an incongruous form of development which would not preserve local distinctiveness or respect the historic character and setting of the hamlet, which includes the historic Church of St Teilo's.

The proposed development would therefore be contrary to LDP policies.

9.1.5 Promoting healthier places

PPW Para 3.19 -22 advises that the planning system should reduce health inequalities and reducing exposure to air and pollution must consider the impacts of new development on existing communities.

Page 13 of 31 Where adverse impact on health, amenity and well-being cannot be overcome satisfactorily, development should be refused.

Monmouthshire Environmental Health Service have advised that as the development has more than 10 residential units and 10 car parking spaces, an Air Quality Impact Assessment would be required if the development will have a change of vehicle flows of more than 500 AADT.

The full development site for both the 18 houses in BBNP and 14 houses in MCC planning areas should be taken into account and it is recommended that the cumulative impacts (for both air quality and traffic) from this development and nearby large developments are considered, within Abergavenny and Llanfoist are considered, including their impacts on local roads, the A40 and A4143 (Merthyr Road), which is close to the air quality objective level for nitrogen dioxide. The properties at the junction of Pen-y-Pound and Park Road (A40) should also be considered in particular. In addition there are a further two current planning or pre- applications in the immediate area west of this site - 50 houses Land North of Hillgrove (DM/2018/01498 -) and 150 houses at Penlanlas Farm that should be taken into consideration for air quality impacts. Both construction phase and operational phase should be considered in the Air Quality Impact Assessment.

Irrespective of whether an air quality impact is undertaken, and in addition to any specific issues or requirements that such an assessment might require, Monmouthshire Environmental Health Service has advised that the development should be encouraged or required to adopt good design principals that reduce emissions and contribute to better air quality management.

Monmouthshire Environmental Health Service have advised that due to the close location of Hereford Rd to the west of the site and the railway line and A465 to the east, the potential for disturbance from road traffic / railway noise on the use and enjoyment of the proposed residential properties should be considered. It is therefore recommended that a noise assessment is undertaken by a suitably qualified person(s) to assess which Noise Exposure Category ( or Categories ) the proposed site falls within as provided in Planning Guidance Wales 'Technical Advice Note ( Wales ) 11 :Noise'. The report should provide appropriate recommendations based on the Noise Exposure Categories determined.

The applicant's agent has been made aware of the requirements for an air quality assessment and noise assessment, but no response has been received.

It is therefore considered that the air quality and noise aspects of the development have not been adequately addressed and further information is required to support the application. Without detailed assessments regarding these matters it cannot be determined whether the proposed development would have a detrimental impact on the health, amenity and well-being of the existing community, in accordance with the provisions of PPW10 Para 3.21.

9.1.6 The Welsh Language

It is not considered that the proposed development has any impact in respect of the welsh language.

9.1.7 Sustainable Management of Natural Resources (SMNR)

PPW Para 3.30 advises that 'the objective of SMNR is to maintain and enhance the resilience of ecosystems and the benefits they provide.'

The River Gavenny, which flows from north to south through the middle of the siteis a tributary of the River Usk; the latter being designated as a Site of Special Scientific Interest (SSSI) and Special Area of Conservation (SAC).

The site itself has a number of different habitats present, including some that have been listed as Priority Habitats under Section 7 of the Environment (Wales) Act 2016 (formerly Section 42 of the NERC Act

Page 14 of 31 2006) - hedgerows, rivers, marshy grassland and lowland meadows. Hedgerows and tree-lines form the field boundaries and riparian corridor. Part of the overall site has also been designated as a Site of Importance for Nature Conservation (SINC) within the Monmouthshire LDP; this is a reflection of the presence of Priority Habitats that satisfy SINC designation criteria.

The submitted Great Crested Newt Survey confirms Great Crested Newts (GCN) are present to the north of the site and that the site supports suitable terrestrial habitat for GCN. NRW have advised that further confirmation is required of the extent and value of habitat to be lost, retained, or managed for GCN as a significant proportion of the habitat will be lost, further information is required to demonstrate how this reduced area will continue to deliver sufficient GCN habitat to mitigate the loss of habitat to the built development. NRW have advised that in respect of a European Protected a revised GCN mitigation strategy is required.

The BBNP Planning Ecologist has raised objections to the proposals in relation to the safeguarding of priority habitats and priority species. The development would have an unacceptable impact on Priority Habitats and Priority Species as listed under Section 7 of the Environment (Wales) Act 2016.

To conclude, it is considered that the proposed development would not maintain and enhance the existing biodiversity within the site. It is considered that it would have an unacceptable impact on Priority Habitats and Priority Species as listed under Section 7 of the Environment (Wales) Act 2016, and the European Protected species - great crested newt, contrary to the provisions of policies 6 and 7 of the Brecon Beacons National Park Local Development Plan.

Overall Conclusions In conclusion, it is considered that the proposed development would not meet the Key Gateway Test - Strategic and Spatial Choices issues, set out in PPW. The proposed development would be contrary to the provisions of both national and local policy as set out above, which are set out in the recommended reasons for refusal.

9.2 Detailed Impact Assessment: This stage sets out the further factors to be considered. They are assessed against the PPW headings, which are shown in italics below, however only those relevant are discussed and these are as follows: Landscape and Visual Amenity, Historic Environment, Green Infrastructure/ Biodiversity, Transport, Flooding/ Re-risking, Neighbour Amenity

9.2.1 Distinctive and natural places 9.2.1.1 Landscape and Visual Amenity PPW 10 Para 6.3.4 states that where adverse effects on landscape character cannot be avoided, it will be necessary to refuse planning permission. Para 6.3.8 states that National Parks must be afforded the highest status or protection from inappropriate developments. Policy 1 of the LDP: Appropriate Development in the National Park All proposals for development or change of use of land or buildings in the National Park must comply with the following criteria, where they are relevant to the proposal: i) the scale, form, design, layout, density, intensity of use and use of materials will be appropriate to the surroundings and will maintain or enhance the quality and character of the Park's Natural Beauty, wildlife, cultural heritage and built environment; CYD LP1 of the LDP: Enabling Appropriate Development, requires proposals for development within countryside locations to contribute positively to their countryside setting and enhance the quality of the landscape. Policy SP3: Environmental Protection, requires all development to demonstrate that it does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of: the especial qualities of the National Park Management Plan. In addition, the SPG -Landscape and Development (October 2014) states that the Authority will only support applications which result in positive impacts on the defined characteristics of the Landscape Character Areas.

Page 15 of 31 The National Park Authority would concur with the concerns raised by NRW concerning the likely landscape and visual impact of the proposed development upon the special qualities of the National Park. The concerns relate to the scale, form, layout and density of the proposal which is considered inappropriate to its location within the National Park. It is not considered that the landscape and visual impact on the Brecon Beacons National Park could be overcome by changes to the proposed development. The proposal would not maintain or enhance the quality and character of the National Park's natural beauty. The LVIA states that that as the site is constrained by topography and vegetation, there are limited middle and distance views. However, there are views of more elevated areas of the western slopes of the Skirrid and Sugar Loaf. There are also views from nearby residential properties. While NRW consider the visual impact from views within the wider landscape would not be significant, the impact on the character and amenity of the site and immediate locality would be substantial and adverse. As such, NRW do not agree with the findings of the submitted Landscape and Visual Impact Assessment (LVIA) prepared by Design with Nature Ltd., dated November 2018. The proposal would not preserve local distinctiveness or respect the historic character and setting of the hamlet, which includes the historic Church of St Teilo's. The proposal is an intensive development with large scale buildings, that would not integrate well with the locality and is inappropriate to this sensitive site. The changes between LVIA provided as part of the statutory pre-application consultation and the LVIA submitted for this application, are minimal. These amended the visual effects for several close range viewpoints, VP1,VP3,VP10,VP7A to represent a worse case scenario during winter months. . The PAC report indicates the LVIA has been amended with regards to the visual effects at Viewpoints 1, 3, 7a and 10 to more comprehensively represent the 'worse-case' scenario in the winter months at Year 1. NRW consider the amendments with regards to visual effects are minimal: at Viewpoints 1 (change from moderate beneficial to slight beneficial), 3 (change from'negligible to slight adverse to negligible) and 10 (change from 'slight adverse to negligible' to 'moderate to slight adverse'), with no change at Viewpoint 7a (remaining as negligible). NRW consider there have been no substantial changes to the scale, form, design, layout and density of the proposal. Overall, it is considered that the proposed residential development would have a substantial and adverse impact on the landscape character and amenity of the site and immediate locality and therefore upon the special qualities of the National Park. The concerns relate to the scale, form, design, layout of the proposal which is considered inappropriate to its location. The proposal is an intensive development with large scale buildings, that would not integrate well with the locality and is inappropriate to this sensitive site. It would amount to an incongruous form of development which would not preserve local distinctiveness or respect the historic character and setting of the hamlet, which includes the historic Church of St Teilo's.

9.2.2 Historic Environment Planning Policy Wales (Edition 10: December 2018): Paragraph 6.1.10 recognises the importance of protecting the historic environment and states that: "There should be a general presumption in favour of the preservation or enhancement of a listed building and its setting, which might extend beyond its curtilage. For any development proposal affecting a listed building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, its setting or any features of special architectural or historic interest which it possesses." Brecon Beacons National Park Local Development Plan (December 2013) Policy 1: Appropriate Development in the National Park All proposals for development or change of use of land or buildings in the National Park must comply with the following criteria, where they are relevant to the proposal i) the scale, form, design, layout, density, intensity of use and use of materials will be appropriate to the surroundings and will maintain or enhance the quality and character of the Park's Natural Beauty, wildlife, cultural heritage and built environment; ….. Policy 17 of the LDP states that development proposals which would adversely affect the setting of a listed building will not be permitted. Technical Advice Note 24: The Historic Environment (May 2017) Paragraph 1.2 'It is for the applicant to provide the local planning authority with sufficient information to

Page 16 of 31 allow the assessment of their proposals in respect of scheduled monuments, listed buildings, conservation areas, registered historic parks and gardens, World Heritage Sites, or other sites of national importance and their settings. These principles, however, are equally applicable to all historic assets, irrespective of their designation. For any development within the setting of a historic asset, some of the factors to consider and weigh in the assessment include: o The significance of the asset and the contribution the setting makes to that significance o the prominence of the historic asset o the expected lifespan of the proposed development o the extent of tree cover and its likely longevity o non-visual factors affecting the setting of the historic asset such as noise.'

Setting of Historic Assets in Wales (May 2017) Development should be of a high standard and minimise disturbance to heritage features. If disturbance is unavoidable, a full recording survey will be required in advance of development.

The National Park's Heritage Officer has provided comments with regard to the heritage and conservation aspects of the proposal and these are set out below. There are no listed buildings or structures within the site but there are a number of designated and undesignated heritage assets nearby. St Teilo's Church, a grade 1 listed building is approximately 50 metres from the site's southern boundary. It is included on the statutory list at grade 1 as an especially fine medieval church with many features of interest and quality. The Memorial Cross and 2 chest tombs within the churchyard are also listed (grade II). St. Teilo's House (grade I1) west of the Hereford Road dates from 1860 and is designated as a good and unaltered example of a Victorian vicarage. The Barn and Cartshed at Newcourt Farm (grade II) is east of the A465, approximately 485 metres from the eastern edge of the site. There are also undesignated heritage assets close to the site. The Mill House, a stone building by the Gavenny River and neighbouring the site's northwest boundary is identified on the National Monuments Record for Wales as 'Brooklands Mill', a post medieval mill, possibly a corn mill. The waterwheel is still in situ and the building retains much of the character of its former use. Mitre Cottages were formerly the Old Mitre Inn and are of a vernacular character. The stone bridge carrying the lane over the Gavenny River south of the site is recorded on the Historic Environment Record as a post medieval structure. The setting of heritage assets is a consideration in the assessment of this planning application. The applicant has provided a Heritage Impact Assessment (HIA) which includes an assessment of the impact of the proposed development on the setting of historic assets within a 5 km search radius. It is agreed that the impact on the setting of St Teilo's House will be minimal and there will be no impact of the listed building at Newcourt Farm. However, the assessment states that the impact on the setting of St Teilo's Church will be low to moderate and concludes that the proposed development would be acceptable. This assessment does not adequately reflect the degree of harm to the setting of the church. It is also noted that the Assessment has not referenced or taken into account Cadw's guidance 'Setting of Historic Assets in Wales' which supports Technical Advice Note 24. This guidance is clear that setting often extends beyond the property boundary into the broader landscape context. This is the case with St. Teilo's Church where the river valley with its pastoral character is intrinsic to the setting of the church and its churchyard. There is suburban development related to Mardy to the south west (with a further housing site currently under construction), and also a small housing estate and individual houses north of the site. However, the valley north of the church is rural in character and because of the landscape features, the existing housing referred to above, are not significant in views to and from the church. The setting of the church is therefore still predominantly rural, and the valley currently proposed for development makes an important contribution to the significance of the listed church and its churchyard. The visual connection between the church and the site diminishes towards the northern end of the site. However, the proposed houses within the National Park boundary, positioned high on the eastern slope, towards the southern end of the site would be very prominent in views to and from the church. The proposed two houses within the National Park boundary and sited within the middle of the site on the

Page 17 of 31 valley floor would also be prominent within the setting of the church. To the west side of the Gavenny River, the 3 houses shown within the National Park boundary would not impact on the setting of the church; however, they would impact on the setting of the Mill House which is an undesignated historic asset and a building which contributes to the quality of the National Park's landscape and built heritage. The applicant's Heritage Impact Assessment has only considered the impact of its setting in relation to the site on the east side of the river. In spite of retaining planting on the valley floor and some additional landscaping, the development would irrevocably urbanise the valley. The green roofs on the proposed houses do not mitigate for the loss of open countryside that makes such an important and positive contribution to the setting of the church and its churchyard.

CONCLUSION It is considered that the proposed housing development would urbanise the valley on the north side of St Teilo's Church. The rural setting which makes an important contribution to the significance of St. Teilo's Church and churchyard, would be destroyed. The proposal therefore adversely affects the setting of a listed building which is contrary to Policy 17 of the Brecon Beacons National Park Local Development Plan. The harm to the setting of Mill House, an undesignated heritage asset is also contrary to Policy 1 of the Brecon Beacons National Park Local Development Plan since the proposal does not maintain or enhance the quality and character of the Park's cultural heritage and built environment.

9.2.3 Historic Environment (Archaeology) Welsh planning legislation and policy guidance outlines that the desirability of conservation of archaeological remains is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.5).

Technical Advice Note 24 (May 2017): Paragraph 4.7 advised that: 'Where archaeological remains are known to exist, or considered likely to exist, and a study has not already been undertaken by the applicant, the local planning authority should ask an applicant to undertake a desk-based archaeological assessment and, where appropriate, an archaeological evaluation. These should be done by a qualified and competent expert to the appropriate standard. The reports of these investigations will form part of the planning application. Applicants should show they have modified their development proposals to minimise any negative impact on the identified archaeological remains, and how they intend to mitigate any remaining negative impacts'.

Local Development Plan Policy SP3 f) requires all development proposals to demonstrate that they do not have an unacceptable impact on, nor detract from or prevent the enjoyment of … archaeological features.

The Local Planning Authority therefore has to take into account archaeological considerations from the beginning of the development control process, and needs to be fully informed about the nature and importance of archaeological remains, and their setting and the likely impact of any proposed development upon them.

Archaeological sensitivity and significance of the site Consultation of the regional HER, and the heritage impact assessment submitted in association with the preapp (18/16596/SPACON), indicates that while no HER records are located directly within the BBNPA portion of the application site, the site has a rich archaeological context, and a number of heritage assets are recorded within the wider area. The heritage impact assessment concludes that the site has low to moderate potential for remains of Prehistoric date and moderate potential for remains of the Medieval and post-medieval periods.

The site is located to the north of the Grade I listed St Teilo's Church, a site which is attested in Liber Landavensis (the book of Llandaff), and may date back to c AD 600 (GGAT 01480g, 08310g). The polygonal churchyard, as shown on the tithe map of 1847, has been extended to the west, resulting in a curvilinear western side (GGAT 08213g). A number of historic structures are associated with the

Page 18 of 31 historic church, including a medieval churchyard cross restored as a war memorial. The socket stone is of medieval date, with the steps and shaft being modern (GGAT 01481g). The memorial is Grade II listed. Also listed Grade II are two chest tombs and their railed enclosures located about 10m north of the church (GGAT 07868g). The Grade II listed St Teilo's house built in 1860 some 300m to the west is designated as a good and unaltered example of a Victorian vicarage.

Historic mapping of the proposed application site depicts a predominately agricultural, pastoral character and context to the site, which is dissected by the Gavenny. To the east the application site is bordered by the line of the great western railway. The alignment of the former Llanvihangel tramway, bordering the current Hereford road is shown on historic mapping at the western limit of the proposed development plot, and survives as a visible earthwork (HIA 11). To the north of the site, immediately beyond the application boundary and bordering the river, a corn mill (now Mill house) with associated leat and pond, is depicted on historic mapping. A post medieval bridge crossing the Gavenny is recorded in the GGAT HER (01482g).

A geophysical survey has been undertaken at the site and the Authority is currently awaiting an updated copy of the resultant report. The survey is partial in coverage, but has identified a number of features of potential archaeological interest within the proposed development plot. These include linear anomalies in the eastern portion of the site. A circular anomaly in the southern part of the site may represent a modern feature. The archaeological character of numerous dipolar anomalies across the site is uncertain. These could represent buried archaeological remains (Archaeology Wales, 2018).

As such the BBNP Archaeologist has recommended that this application is not determined until the archaeological resource has been assessed through a programme of archaeological works in order to evaluate the nature, extent, preservation and significance of any archaeological deposits that survive on this site, and the impact of the proposed development on them.

In conclusion, the archaeological resource has not to date been fully assessed and therefore the proposed development is not compliant with the guidance in PPW, TAN24 and policy SP3 f).

9.2.4 Biodiversity The LDP includes the following policies regarding ecological issues and safeguarding biodiversity are as follows: Policy SP3 'Environmental Protection' (LDP 2013) Policy 1'Appropriate Development in the National Park (LDP 2013) Policy 3 'Sites of European Importance (LDP 2013) Policy 4 'Sites of National Importance (LDP 2013) Policy 6 'Biodiversity and Development' (LDP 2013) Policy 7 'Protected and important Wild Species' (LDP 2013)

Representation has been received from the National Park's Ecologist and Natural Resources Wales (NRW) raising concerns in relation to the proposed development.

Ecological reports submitted with the application assess the overall site within MCC and BBNPA. It shows that the site itself has a number of different habitats present, including some that have been listed as Priority Habitats under Section 7 of the Environment (Wales) Act 2016 (formerly Section 42 of the NERC Act 2006) - hedgerows, rivers, marshy grassland and lowland meadows. Part of the site has also been designated as a Site of Importance for Nature Conservation (SINC) within the Monmouthshire LDP; this is a reflection of the presence of Priority Habitats that satisfy SINC designation criteria. The River Gavenny flows from north to south through the middle of the site and hedgerows and tree-lines form the field boundaries and riparian corridor. The River Gavenny is a tributary of the River Usk; the latter is designated as a Site of Special Scientific Interest (SSSI) and Special Area of Conservation (SAC).

There will be a net loss of and negative impacts on priority habitats and this would need to be justified. The proposed road bridge will sever the riparian corridor. There is no mention of Invasive Non-Native

Page 19 of 31 Species (INNS). Himalayan balsam is evident on 'Streetview' images adjacent to the bridge at the southern boundary and an appropriate strategy for removal of INNS from the site will be required. There are a number of protected and priority species utilising the site and surrounding habitats. There are a number of issues in relation to severance of habitat connectivity and disturbance of great crested newts, reptiles, dormouse, otter and water vole, bats and White-clawed crayfish.

The proposed green roofs are welcomed in principle and wildflower turf is preferred and non-native sedum species are not acceptable. It will need to be clarified how the retained or newly-created habitats are to be managed in the long-term and will require a Landscape and Ecological Enhancement and Management Plan.

The landscape and green infrastructure proposals include new hedgerow planting along the eastern boundary; however, the space allowed for this is too narrow, particularly adjacent to plots 15, 16 and 17, and will not provide adequate compensation for the hedgerow loss through the middle of the site.

It will be important to ensure that any external lighting is of an appropriate design and sensitively located to avoid light-spill towards bat roosting areas or wildlife corridors. The proposed crossing of the river with a footbridge is of concern as well as the impacts of external lighting associated with the properties near to the watercourse. The presence of lesser horseshoe bats along the central wildlife corridors within the site is particularly light-averse and the introduction of development within the site could affect foraging and commuting activity.

Overall it is considered that the proposed development would raise concerns in relation to the safeguarding of priority habitats and priority species. The development would have an unacceptable impact on Priority Habitats and Priority Species as listed under Section 7 of the Environment (Wales) Act 2016. These are as follows:-

Habitats - marshy grassland, hedgerows and the watercourse Species - otter, great crested newt, bats, white-clawed crayfish

In particular, the mitigation measures for great crested newt terrestrial habitat as well as reptiles and dormice, are inadequate and require amendment.

In addition to the above 'in principle' objections, a number of other issues would need to be addressed within the proposed development. These relate to general habitat connectivity issues, net loss of marshy grassland habitat and there is currently insufficient mitigation and compensation for this habitat, the trees with potential presence of bat roosts should be identified on the plans, remove proposed construction of the road bridge, but if the principle of a footbridge is to be pursued, detailed drawings (including lighting) will be required in order to assess the impacts. Plot 11 should be removed from the scheme to allow the retention of the wildlife corridor and bat flight-line.

Furthermore, a Construction and Environmental Management Plan (CEMP) would be required detailing appropriate working practices and pollution prevention measures, a strategy for removal of Invasive Non- Native Species (INNS), a Landscape and Ecological Enhancement and Management Plan (LEEMP) to include details of seed mixes to be used on the green roofs and how they are to be managed and details of external lighting.

NRW have advised that in respect of European Protected Species further information is required in terms of a revised GCN mitigation strategy.

The submitted Great Crested Newt Survey, prepared by All Ecology Ltd., dated November 2018, confirms Great Crested Newts (GCN) are present to the north of the site and that the site supports suitable terrestrial habitat for GCN.

GCN are European Protected Species, legally protected under The Conservation of Habitats and Species

Page 20 of 31 Regulations 2017. Legal protection relates to the animals themselves and the places they use to rest and breed. Where a European protected species (EPS) is present and a development proposal is likely to contravene the legal protection they are afforded, the development may only proceed under licence issued by Natural Resources Wales, having satisfied the three requirements set out in the legislation. One of these requires that the development authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status (FCS) in their natural range. These requirements are translated into planning policy through Planning Policy Wales (PPW) December 2018, and Technical Advice Note (TAN) 5, Nature Conservation and Planning and NRW advise that the Authority should take them into account when considering development proposals where an EPS is present.

NRW have advised that further confirmation is required of the extent and value of habitat to be lost, retained, or managed for GCN as a significant proportion of the habitat will be lost, further information is required to demonstrate how this reduced area will continue to deliver sufficient GCN habitat to mitigate the loss of habitat to the built development. NRW have advised that in respect of a European Protected a revised GCN mitigation strategy is required.

To conclude, it is considered that the proposed development would not maintain and enhance the existing biodiversity within the site. It is considered that it would have an unacceptable impact on Priority Habitats and Priority Species as listed under Section 7 of the Environment (Wales) Act 2016, and the European Protected species - great crested newt, contrary to the provisions of Planning Policy Wales (PPW) December 2018, and Technical Advice Note (TAN) 5, Nature Conservation and Planning and policies 6 and 7 of the Brecon Beacons National Park Local Development Plan.

9.2.5 Green Infrastucture An Arboricultural Impact Assessment with draft tree protection plan has been provided and provides the following information for the whole proposed development site: 48 individual trees, 18 groups of trees and 2 hedgerows recorded on site. Of which two are category A trees (T44 & T48), 34 category B trees, 26 category C trees and 6 category U trees for removal. Of the above, there are 25 individual trees, 13 groups and 1 hedgerow within BBNP labelled as trees T20 - G58 in the AIA. The entire band of trees along the river are covered by MCC TPO 80 - Abergavenny By-pass, 1974 and labelled as Area 10 therein. In addition, two trees just beyond the northern boundary of the site (labelled as T33 and T35 in the AIA) are also covered by a TPO.

The arboricultural impact plan indicates that 4 individual trees and 3 groups of trees directly beneath the footprint of new dwellings would have to be removed to facilitate the development. But no impact of the construction of the new bridges or pathways, appears to have been taken into account and no drainage plans have been submitted. The submitted Planning Statement states at para 203 that the location of the proposed footbridge and footpath is purely indicative.

Given the above, and the lack of information on the construction of the hard landscape features and service runs, serious concerns have been raised by the BBNP Tree Consultant about the negative impact the proposals will have on the health and longevity of the trees across the site, the effect on the visual amenity of the TPO'd tree scape and the potential fragmenting of an important green corridor along the River Gavenny. The BBNP Tree Consultant has therefore considered that the application is unacceptable until these matters are addressed.

It is therefore concluded that insufficient information has been provided to show that the proposed development would not have a detrimental impact on the existing green infrastructure and existing trees within the site. The proposed development therefore does not comply with the provisions of policy 8 of the Brecon Beacons National Park Local Development Plan.

9.2.6 Water resources, water Environment, flood risk, pollution control, and air quality considerations Policy 56 of the LDP requires development to have adequate water and mains sewerage infrastructure

Page 21 of 31 and that conditions should be imposed to ensure adequate services are available to serve the development.

Policy 14 of the LDP states that proposals for development will only be permitted where it is proven that no detrimental effect will be had on air quality.

Supplementary Planning Guidance within the Sustainable design and construction and climate change context states that development proposals in the Parks can help to meet this objective by avoiding areas which are at risk from flooding now or are predicted to be at risk in the future and by constructing sustainable drainage systems (SUDS).

Flooding Matters The planning application proposes highly vulnerable development (residential). NRW advises that the Flood Map, which is updated on a quarterly basis, confirms the site to be within Zone C2 of the Development Advice Map (DAM) contained in TAN15 and the 1% (1 in 100 year) and 0.1% (1 in 1000 year) fluvial annual probability flood outlines of the River Gavenny.

The submitted Flood Consequences Assessment (FCA) prepared by Fairhurst, dated December 2018, has been informed by a hydraulic model. Due to the complex nature of the risks and consequences of flooding associated with this type of proposal at this location, NRW wish to undertake a detailed review of the hydraulic modelling to ensure it is representative of the risk of flooding and fit to inform the FCA. NRW are currently reviewing the model, and upon completion should be able to advise further on the risk and consequences of flooding for this proposal. Until the model review is complete NRW are unable to confirm whether the FCA is an accurate assessment of the risks and consequences of flooding and whether the consequences of flooding outlined in the FCA can be managed to an acceptable level in line with TAN15.

NRW remind the Authority that Section 6 of TAN15 and the Chief Planning Officer letter from Welsh Government, dated 9 January 2014, affirms that highly vulnerable development should not be permitted in Zone C2 (paragraph 6.2 of TAN15). The justification tests in paragraph 6.2 do not apply to highly vulnerable development in Zone C2.

It is concluded that, to date, it has not been confirmed that the proposed development is acceptable on flooding grounds. As the proposed development site is located within Zone C2 of the Development Advice Map (DAM) contained in TAN15 (paragraph 6.2 of TAN15) and proposes highly vulnerable development, the justification tests in paragraph 6.2 do not apply. The proposed development is therefore contrary to the provisions of TAN15.

Surface water drainage is proposed to be manged by sustainable drainage requirements. No comments have been received from MCC Drainage Authority. It is therefore considered that the details of a sustainable drainage strategy can be accommodated with the site.

DCWW have been consulted on the application and have raised no objections. A condition is recommended to secure a drainage scheme for the site to provide for the disposal of foul, surface and land water, and include an assessment of the potential to dispose of surface and land water by sustainable means.

DCWW also require no further foul water, surface water and land drainage to connect directly or indirectly with the public sewerage system in order to prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment.

In terms of sewage treatment, no problems are envisaged with the Waste Water Treatment Works for the treatment of domestic discharges from this site and notes are provided regarding any connection. A water supply can be made available to service this proposed development. Initial indications are that a

Page 22 of 31 connection can be made from the 4 inch diameter cast iron watermain in 331022,216446 location.

Contaminated Land Monmouthshire Environmental Health Service have advised that a desk top land contamination study has been undertaken, that makes proposals for further intrusive site investigation including 25 soil sampling from trial pits and 6 bore holes for gas monitoring over a 6 month period (6 total visits), and potential additional leachate testing within soil and groundwater. The report appears to cover both BBNP and MCC sites (32 residential units over 2.21 Hectares).

Monmouthshire Environmental Health Service recommend that a site investigation/risk assessment procedure be undertaken by the developer in accordance with CLR11 Model Procedures for the Management of Land.

However, should the Planning Authority consider it appropriate to grant planning approval prior to a contaminated land site investigation conditions are recommended to be attached to ensure that the site is fully investigated and, if necessary, remediated to ensure the protection of public health. Monmouthshire Environmental Health Service has also advised that in respect of any grant of permission it should be subject to a condition requiring a Construction Environmental Management Plan prior to the commencement of development

It is therefore considered that the contaminated land issues could be adequately addressed by the imposition of suitably worded conditions, as recommended by Monmouthshire Environmental Health Service.

Impacts on Neighbour Amenity Planning Policy Wales (Edition 10, November 2018), which states: 'Placemaking in development decisions happens at all levels and involves considerations at a global scale, including climate change, down to the very local level, such as considering the amenity impact on neigbouring properties and people'. (2.7, PPW, 2018)

Policy SP3 Environmental Protection - Strategic Policy requires all proposals for development or change of use of land or buildings in the National Park to demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of; a) the special qualities of the National Park as identified in the National Park Management Plan.

Policy 12 of the LDP requires light pollution to be sympathetic in order to not significantly effect a number of criteria including the character of the area and local residents.

Consultation has been undertaken with the Environmental Health Service of MCC and a detailed air quality assessment has been requested regarding additional traffic associated with the development and a noise assessment in respect of proposed occupants. In the absence of these assessments it cannot be determined whether the proposed development is acceptable in these regards.

Due to the very close proximity of the proposed development to nearby residents there would be the potential for the construction activities and additional traffic to have a detrimental impact on the amenity of nearby residents in terms of dust, noise, disturbance, light pollution. Consideration must therefore be given to assessing these impacts and in providing mitigation measures which could be utilised to ensure such impacts are not significant. These would be required to be subject to detailed provision were the application considered to be acceptable.

In addition, in terms of issues of privacy, overlooking and overshadowing, it is considered that due to the distance and siting of the proposed dwellings there should be no significant detrimental impacts for the existing residential properties located to the immediate north of the application site. In addition, it will be important to ensure that any external lighting is of an appropriate design and sensitively located not to have a detrimental impact on the amenity of local residents.

Page 23 of 31 9.3 Active and Social Places Transport Planning Policy Wales states that ten Welsh Government is committed to reducing reliance on the private car and supporting a model shift to walking, cycling and public transport. Delivering this objective will make an important contribution to decarbonisation, improving air quality, increasing physical activity, improving the health of the nation and realising the goals of the Well-being of Future Generations Act. (para 4.1.8).

Policy 59 of the LDP requires that development will only be permitted where appropriate access can be achieved commensurate with the level of development proposed.

A Transport Assessment (TA) accompanies the application. It concludes that the proposed development would have little impact on the local highway network as there are no capacity issues. Whilst there have been some recorded safety events these are not a level to require intervention. The site is located within a sustainable location with good links for walking, cycling and public transport. There are two hourly buses along Hereford Road, and the national Sustrans cycle routes 42 and 45 run along the lane past St Teilo's Church. The site layout accords with best practice. The TA considers that there are no reasons why the proposed development should not be approved and it complies with LDP policies SP15, SP17, 59 and 60.

MCC Highway Authority have been consulted on the application, but no comments have been received. It is therefore considered that there are no significant highway issues arising from the proposed highway layout and that any outstanding matters could be satisfied by the implementation of conditions attached to any permission, were the proposals otherwise considered acceptable.

In terms of the public footpath which traverses through the site, the BBNP Public Rights of Way Officer has raised no objections to the proposal to divert it along the proposed residential estate road.

As the proposed development is located in close proximity to the Llantillo Pertholy 24 Footpath Level Crossing, Network Rail were consulted. Network Rail have advised that they have undertaken a risk assessment for the proposed overall housing development of 32 homes. This concludes that there would be a material increase in the volume of use and change in character of its use by residents of the new housing estate for recreational purposes, such as dog walking and exercise along the local public footpath network. The safety risk is expected to increase considerably as a consequence of the proposed housing development and vulnerable user groups, notably dog walkers and children, will be particularly at risk at this location. Network Rail have therefore advised that closing the crossing would be the only way to completely mitigate and eliminate risk at a level crossing which is consistent with the Health & Safety Executive’s hierarchy of risk control. Network Rail requests that the developer pursues closure of the level crossings and, where appropriate, replacement with a grade-separated route (bridge or underpass) across the railway. If closure is not possible, Network Rail recommends that a requirement should be placed on the developer to introduce active warning systems to the level crossings to mitigate the increase in risk associated with their development. The applicant’s agent has been made aware of the requirements of Network Rail but no response has been received. It is therefore considered that the railway safety aspects of the development have not been addressed and remain outstanding. The proposed development is therefore contrary to the provisions of policy SP17 a) sustainable Transport.

Affordable Housing The application would provide 6 affordable housing units which would meet the requirement for 30% affordable housing within the Abergavenny, Hay and Crickhowell submarket area, as set out within policy 28 of the LDP.

Page 24 of 31 The proposed development would therefore assist in the affordable housing need of the Authority.

10.0 Conclusion The primary objective of Planning Policy Wales Edition 10 (2018) is to ensure that the planning system contributes towards the delivery of sustainable development and improves the social, economic, environmental and cultural well-being of Wales as required by the Well-being of Future Generations (Wales) Act 2015. o National Park Purpose and Duty. The proposed development would not help to conserve or enhance the natural beauty, wildlife or natural beauty of the Park, and is therefore recommended for refusal for these reasons. o Sustainable Development. Sustainable Development has four pillars: o Social considerations - The proposed development would be required to be accompanied by a noise and air quality assessment to determine whether it is acceptable for both existing and proposed residents. Construction activities should be able to be controlled by conditions imposed on any permission. The proposed development would be an incongruous development and is not considered to relate well to the sense of place of the existing community. o Economic considerations - The development itself would create housing development including the required proportion of affordable housing. It would create construction employment and will have indirect impacts through the construction and operational phase through supply chains. The proposed development proposes to deliver sustainable lifetime homes. However, the proposed development is likely to have an unacceptable impact on, detract from, and prevent the enjoyment of the special qualities of the National Park, in terms of its landscape, ecological and cultural heritage features on the National Park for local residents and visitors. o Cultural considerations - The development would have a detrimental impact of features of historical significance in terms of the nearby grade I listed church and Mill House which is an undesignated historic asset. The impact on archaeological resources has not been adequately assessed through a programme of archaeological works. o Environmental considerations - The proposed development would have significant detrimental impact on the existing landscape, ecological interest, green infrastructure and best quality agricultural land of the site and the special qualities of the National Park, in terms of safeguarding its natural beauty and landscape character. Consultation with Statutory Consultees have advised that some environmental risks should be able to be appropriately managed, but others in relation to flood risk, air quality and noise remain outstanding. To conclude, the proposal would deliver some positive impacts on the economic well-being of Wales but delivers significant negative impacts on the social, cultural and environmental well-being of Wales. In putting forward this recommendation I have considered options of permitting the proposal, permitting with conditions and refusing it and the most appropriate option is as recommended to refuse the development as it does not deliver sustainable development.

Otions: Implications for sustainable development if: o Refuse o Permitted o Permit with mitigation - planning obligations

Conclusion There is an objection in principle to the proposed development. It is considered that it does not adequately address the impacts on the special qualities of the National Park. In particular it is the impacts of the contemporary design and appearance of the proposed residential development for the landscape and visual amenity of area. It is considered that the contemporary development would appear incongruous, unsympathetic and over engineered and out of character with the rural character of the area. It is considered that the development has not shown that it wouldn't have a detrimental impact on

Page 25 of 31 the setting of the Grade I St Teilo's Church. In addition, it is considered that the development has not shown that it would not have a detrimental impact on ecological issues within the site, as set out above, by the National Park's Planning Ecologist, or a detrimental impact on the existing trees, as set out above by the BBNP Tree Consultant. There are also concerns in relation to insufficient information in relation to air quality, noise, archaeology, flood risk and railway safety.

It is considered that there are no material considerations that would warrant permitting the proposed development against the policies of the development plan and of national planning policy guidance, as evidenced above. The proposed development is not considered to deliver positive social, cultural or environmental benefits. According, the application is recommended for refusal for the reasons set out below.

Recommendation: REFUSE

Reasons:

1 The proposed development is considered to be contrary to the provisions of policy CYD LP1 of the Brecon Beacons National Park Local Development Plan as the site is located within the countryside where the provision of new open market dwellings is not supported. 2 The proposed development would have significant adverse impacts on the special qualities of the National Park, in terms of safeguarding its natural beauty and landscape character and would not be sympathetic in nature and scale to the local environment. It would therefore be contrary to the provisions of policies 1, SP1, SP3, CYD LPI, of the Brecon Beacons National Park Local Development Plan. 3 The proposed development is considered to be contrary to the provisions of PPW10, PARA 3.55 and policy 13 of the Brecon Beacons National Park Local Development Plan as part of the site is grade 3a agricultural land and there is considered to be no overriding need for the development. 4 Inadequate information has been submitted to accompany the application in terms of an air quality assessment for the construction and operational phase of the development to determine whether the proposed development would have a detrimental impact on the health, amenity and well-being of the existing community, contrary to the provisions of PPW10 Para 3.21. 5 Inadequate information has been submitted to accompany the application in terms of a noise assessment regarding the potential for noise disturbance from road traffic/railway noise from Hereford Road to the west of the site and the railway line and A465 to the east of the site, on the use and enjoyment of the proposed residential properties. It is therefore not known whether the proposed development would have a detrimental impact on the health, amenity and well-being of the proposed occupants of the proposed development, contrary to the provisions of PPW10 Para 3.21. 6 The proposed development would not maintain and enhance the existing biodiversity within the site. The proposed development is considered to have an unacceptable impact on Priority Habitats and Priority Species as listed under Section 7 of the Environment (Wales) Act 2016, and the European Protected species - great crested newt, contrary to the provisions of policies 6 and 7 of the Brecon Beacons National Park Local Development Plan, Planning Policy Wales (PPW) December 2018, and Technical Advice Note (TAN) 5, Nature Conservation and Planning. 7 The proposed development would adversely affect the setting of a listed building, contrary to the provisions of Policy 17 of the Brecon Beacons National Park Local Development Plan. The proposed development would adversely affect the setting of Mill House, an undesignated heritage asset, which would be contrary to the provisions Policy 1 of the Brecon Beacons National Park Local Development Plan as the proposal would not maintain or enhance the quality and character of the Park's cultural heritage and built environment. 8 The archaeological resource has not been fully assessed through a programme of archaeological works in order to evaluate the nature, extent, preservation and significance of any archaeological deposits that survive on this site, and the impact of the proposed development on them. Therefore, the proposed development is not compliant with the guidance in PPW, TAN24 and policy SP3 f) of the Brecon Beacons National Park Local Development Plan.

Page 26 of 31 9 Insufficient information has been provided to show that the proposed development would not have a detrimental impact on the existing green infrastructure and existing trees within the site. The proposed development therefore does not comply with the provisions of policy 8 of the Brecon Beacons National Park Local Development Plan. 10 It has not been confirmed that the proposed development is acceptable on flooding grounds. As the proposed development site is located within Zone C2 of the Development Advice Map (DAM) contained in TAN15 (paragraph 6.2 of TAN15) and proposes highly vulnerable development, the justification tests in paragraph 6.2 do not apply. The proposed development is therefore contrary to the provisions of TAN15. 11 Insufficient information has been provided to show that the proposed development would not have a detrimental impact on railway safety in respect of the adjacent Llantillo Pertholy 24 Footpath Level Crossing. The proposed development is therefore contrary to the provisions of policy SP17 a) Sustainable Transport.

Page 27 of 31 SITE CONTEXT

SITE LOCATION PLAN

Page 28 of 31 AERIAL PLAN SHOWING OVERALL SITE

Page 29 of 31 PROPOSED LAYOUT

Not to scale

Page 30 of 31 PROPOSED AERIAL VIEW (Includes Application to MCC)

Page 31 of 31