ENCLOSURE 5
Brecon Beacons National Park Authority
PLANNING, ACCESS AND RIGHTS OF WAY
COMMITTEE
8 June 2010
RECOMMENDATIONS OF THE DIRECTOR OF PLANNING
AND HEAD OF DEVELOPMENT CONTROL
ON APPLICATIONS FOR DETERMINATION BY
THE PLANNING, ACCESS AND RIGHTS OF WAY
COMMITTEE
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INDEX
ITEM REFERENCE ADDRESS RECOMMENDATION
1 10/04635/FUL 4 Pendre Courtyard Permit Cathedine Bwlch Brecon Powys
2 10/04668/FUL 4 Cefn Cantref Refuse Cantref Brecon Powys LD3 8LT
3 09/03405/OUT Cwrt Y Gollen Permit subject to Section Crickhowell 106 Agreement Powys NP8 1TF
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ITEM NUMBER: 1
APPLICATION NUMBER: 10/04635/FUL APPLICANTS NAME(S): Mr Steven & Mrs Carol Williams SITE ADDRESS: 4 Pendre Courtyard Cathedine Bwlch Brecon Powys LD3 7SX
GRID REF: E: 314446 N:223468 COMMUNITY: Llanfihangel Cwmdu DATE VALIDATED: 30 March 2010 DECISION DUE DATE: 25 May 2010 CASE OFFICER: Ms Helen Lillow
PROPOSAL Construction of stable and store ADDRESS 4 Pendre Courtyard, Cathedine, Bwlch
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CONSULTATIONS/COMMENTS Consultee Received Comments
Clwyd Powys 22nd Apr 2010 Information held with the Regional Historic Archaeological Trust Environmental Record indicates that, although the development lies close to area of archaeological significance, it appears that no known features will be affected by the intended works.
I would not wish, therefore to offer any further comment on this application. Cwmdu And District 26th Apr 2010 The Council supports the application provided is Community Council complies with the relevant policies. Powys County 15th Apr 2010 Does not wish to comment on the application. Council Highways
CONTRIBUTORS
NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY
The application has been advertised by direct neighbour notification and the erection of a site notice. No objections or representations have been received.
RELEVANT POLICIES
LPH15: “House extensions and ancillary buildings” (Local Plan 1999) G3: “Development in the National Park” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) ES18: “Equestrian Facilities” (Unitary Development Plan 2007) ES27: “House Extensions and Ancillary Buildings” (Unitary Development Plan 2007) LPG3: “Development in the National Park.” (Local Plan 1999) LPG7: “Design and energy conservation.” (Local Plan 1999)
PLANNING HISTORY
App Ref Description Decision Date
P18698 Change of use & conversion of Application 9th May 2003 barns to form 4 No. dwellings Permitted
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OFFICER’S REPORT
INTRODUCTION
The application seeks full planning permission for the erection of a stable with attached store room within a paddock adjacent to 4 Pendre Courtyard, Cathedine, Bwlch. The site is located on land outside the established residential curtilage of the dwelling and outside the closest settlement development limits of Bwlch as defined by the Brecon Beacons National Park (‘BBNP’ )Unitary Development Plan 2007 (‘the UDP’) and the BBNP Local Plan 1999 (‘the Local Plan’).
SITE DESCRIPTION
The application site forms part of paddock with an area of 0.5 acre/ 0.23 hectares to the south-west of the existing residential property 4 Pendre Courtyard. The host property forms part of a complex of barn conversions approved by P18698 in 2003. The paddock, within which the proposal would be sited, adjoins the southern and western boundary of the applicant's curtilage.
Pendre Courtyard as a whole is accessed via the B4560 road to the east of the site. Access to the paddock is gained by an existing agricultural access within the southern corner of the parking forecourt used by the residential properties. The proposed stable and store room would be positioned on the south-western boundary of the paddock approximately 18m to the south-east of the northern boundary and 50 to the south- west of the residential properties. The paddock is enclosed by post, rail and pig wire fencing with a number a number of mature and semi mature native deciduous trees along the western and southern boundaries.
The site is located on the western side of Cefn Moel, as a result the land falls from east to west. The proposed stable would therefore be below the level of the B4560, the residential properties and field access to the east and north-east respectively and would be raised in relation to the agricultural fields to the west. In comparison to the gradient of the field the site of the proposed stable is relatively flat.
PROPOSAL
The proposal would measure 5.4m wide, 4.9m deep with a maximum height of 2.9m falling to 2.2m at eaves level. The development would be of timber frame construction with shiplap timber boarding to the walls, tongue and groove doors and grey colour box profile sheeted roof. The front elevation would contain one 1.1m wide stable door, one 0.9m wide pedestrian door and a 0.9m wide, 0.7m high window opening. There would be no openings in the other elevations. The front elevation of the proposal would be orientated to face north-east towards the applicant’s dwelling.
The application is presented to Committee as the applicant is an employee of the
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Brecon Beacons National Park Authority.
MATERIAL PLANNING CONSIDERATIONS
As identified above the site is located within an area of open countryside within the community of Llanfihangel Cwmdu. The key considerations with regards to the application have been determined as the principle of development, visual impact on the proposal on the character and appearance of the host property and wider area, the residential amenity of those living closest to the site and highway safety implications.
PLANNING POLICY CONTEXT
Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework. This application is considered against policies G3, G6, ES18 and ES27 of the UDP and policies G3, G7 and H15 of the Local Plan. Local Plan policies will only be considered where they differ significantly from their UDP counterparts.
Policy G3 specifies that in order to be permitted development should comply with a number of relevant critiera including i) should not have an unacceptable impact on, nor detract from or prevent the enjoyment s of special qualities, natural beauty, wildlife and cultural heritage of the National Park, ii) be located within “white areas” of settlements, iii) be of a scale form, design, layout intensity of use and use of materials appropriate to the surroundings, help maintain or enhance the quality and character of the Park’s landscape and v) not have an unacceptable impact on the amenity of the area of adjacent properties or the general public
ES18 provides criteria that equestrian proposals should satisfy in order to be approved. The policy stipulates that developments will be permitted where the facility is grouped with an existing complex, or as close as possible to existing buildings, the facility has no unacceptable adverse affect on the landscape and environment in terms of its siting, scale, design, access, surface water drainage, materials and boundary treatments, the facility has no unacceptable adverse impact on the amenity of neighbouring properties and suitable access and parking can be provided.
Policy ES27 identifies that new ancillary buildings in the countryside should be grouped with the house
APPRAISAL
Principle of Development
As identified above the application site falls outside of the applicant’s residential curtilage and beyond the closest defined settlement development limits. As such the application is
Page 6 of 100 ENCLOSURE 5 contrary to criteria ii of policy G3. However, arguably, the nature and use of such developments is commonly, more appropriate within countryside areas subject to a number of other materials considerations being satisfied. In this instance it is considered that the development of a single stable, on land within the applicant’s ownership in close proximity to their dwelling is acceptable.
Character and appearance of the host dwelling and surrounding area
The application initially sought consent for the development of the stable within the southern corner of the field. Following a site visit concerns were raised in relation to the isolated and potentially sporadic position of the proposal in relation to the existing complex of buildings. Following negotiation, the position of the proposal has been amended so that the development would be within 18m of the northern boundary of the field and within 50m to the south-west of the properties. The applicant has also advised that they are unable to position the proposal with the north-western corner of the field due to wet and marshy ground conditions.
Whilst siting the development within the north-western corner of the plot would help to visually connect the development with the existing buildings, in this instance, it is considered that the size, scale and design of the proposal, the topography of the land and positioning adjacent to semi-mature and mature trees along the existing boundary would help screen the development and prevent it from being so visually incongruous when viewed from the highway to the east of the site or the residential properties to the north-east to warrant refusal of the application on such grounds.
Whilst siting the proposal closer to the existing dwelling would help satisfy the requirements of Policy ES27, in this instance it is considered that such an arrangement would require additional engineering works which could add to the visual prominence of the building and could also prove detrimental to the residential amenity of those living closest to the site.
Given the relatively small area of the paddock, continued grazing could lead to the site becoming bare of grass and 'poached'. Following consultation the applicant has confirmed that they would seek to rent adjacent fields for grazing thereby allowing the ground to be rested.
On the basis of the above it is considered that the development proposed would not be so detrimental to the visual amenity of the site or surrounding countryside to warrant refusal of the application. The application is therefore considered compliant with criteria i and iv of policy G3 and criteria ii of policy ES18 of the UDP.
Residential amenity
Given the orientation of the site, topography of the land and the 50m distance maintained between the development and the closest residential properties it is considered that the development proposed would not generate a level of
Page 7 of 100 ENCLOSURE 5 overshadowing, loss of light or nuisance such as odour, or noise pollution so detrimental to the residential amenity to warrant refusal of the application. No external lighting is proposed as part of the application.
Following direct neighbour notification and the erection of a site notice no objections or representations have been received. On the basis of the above the application is considered compliant with criteria v of policy G3 and criteria iii of policy ES18 of the UDP.
Highway Safety
As specified above access to the paddock is gained via an existing field gate to the north- east of the proposal which leads from an existing parking forecourt. Given the size and scale of the development proposed in association with its private use by an existing resident in Pendre Courtyard, it is considered that the development would not generate an increased level of parking demand so significant to warrant result of the application on such grounds. Whilst each property within Pendre Courtyard has allocated parking spaces it is considered that the sufficient space would be available within the parking forecourt to accommodate any horse boxes without compromising the parking arrangements for the existing dwellings. The development is therefore considered compliant with the requirements of criteria ix of policy G3 and criteria iv of policy ES18 of the UDP.
CONCLUSION
On the basis of the above report it is considered that whilst the proposal is beyond the closest defined settlement development limits, the size and scale of the development proposed in association with the topography of the site would prevent the proposal from being so visually incongruous to warrant refusal of the application. It is also considered that the development would not be significantly detrimental to the residential amenity of those living closest to the site and would not generate a level of parking demand detrimental to the highway safety and free flow of traffic in the area. The application is therefore recommended for approval subject to conditions.
RECOMMENDATION: Permit
Conditions and/or Reasons: 1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v1, NP2v2, NP3v1) except where otherwise stipulated by conditions attached to this permission and unless otherwise agreed in writing by the Local Planning Authority. 3 No development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance
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with the approved details.
Reasons: 1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 To ensure that the materials harmonise with the surroundings.
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ITEM NUMBER: 2
APPLICATION NUMBER: 10/04668/FUL APPLICANTS NAME(S): Mr Chris Taylor, Head Of Housing And Public Protection SITE ADDRESS: 4 Cefn Cantref Cantref Brecon Powys LD3 8LT
GRID REF: E: 303635 N:226656 COMMUNITY: Glyn Tarell DATE VALIDATED: 20 April 2010 DECISION DUE DATE: 15 June 2010 CASE OFFICER: Mr Rhodri Davies
PROPOSAL Temporary change of use of agricultural land to Gypsy traveller site for a further period of 2 years (following planning permission 08/01969/FUL) and associated works including proposed fire breaks and retention of caravans, earth bund and 2m high close boarded fencing. ADDRESS 4 Cefn Cantref, Cantref, Brecon
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CONSULTATIONS/COMMENTS Consultee Received Comments
Brecknock Wildlife No comments have been received to date. Trust Countryside Council 27th May 2010 We welcome the submission of the survey report For Wales provided. From the information supplied, it is our opinion that the proposed works will not impact upon the known great crested newt population and CCW therefore have no objection to the proposed works. Please note that we have not considered possible effects on all local or regional biodiversity interests. Therefore, you should not rule out the possibility of adverse effects on such interests, which would be relevant to your Authority's general duty to have regard to conserving biodiversity, as set out in Section 40 of the Natural Environment and Rural Communities (NERC) Act (2006). We recommend that you speak to your Authority's Ecologist in this regard.
Environment Agency 19th May 2010 We have no objection and our generic information Wales note for developers applies.
Llanfrynach 11th May 2010 We objected to the original application for a series Community Council of reasons none of which have changed. The reasons to do with the unsuitability of the location remain the same. We have been given no reason to believe that members of the family support the application. Local residents have made their own objections clear to Powys County Council, one of which has had his own planning issues with PCC upheld by the Ombudsman. The Smith family have been good neighbours but have been faced with some very challenging environmental difficulties. The two new issues are: 1. The remark that a new site has been found and will take two years to prepare. Has that site been granted planning. If not how sure can anyone be that it will go ahead_ The family/BBNPA and this Council has already been the victim of a remark by a PCC official at a PAROW meeting, which gave a false impression that the site at Llanfilo would be approved by PCC. It was not. Why should we believe this new site is a done deal_
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2. The request for halogen lights. Resident’s are very offended by the existing light. First it is extremely bright and is very intrusive and unpleasant to nearby houses. This is a country area where there are no street lights and where up till now there has been no light pollution at all. Second, because it is left on all the time, even in broad daylight. Who pays the bill - the Community via our tax or the family_ The local community is aghast, astonished and angry and the huge of amount of their money being spent on this site. No. 4 Cefn Cantref was originally a Council small holding for agricultural use. The present use is totally unacceptable, as we have expressed in the past. Cantref is mainly a farming community who are getting older. There is a drain on youngsters from rural communities as there are not enough houses or agricultural jobs to keep them here, therefore we must insist that the holding be re-established to its former use as soon as possible to enable regeneration of this site, and encourage younger people to remain in the community and keep it viable and vibrant. As a Community Council we do not feel we have any reason to support this application.
NP Ecologist 17th May 2010 I have reviewed that Capita Symonds Ecological Update Report (April 2010). On the basis of the information presented there is no additional physical development planned on the application site that would affect the potential small population of great crested newts associated within this locality. I have therefore no further comments to make regarding the current application.
With respect to the previous planning permission I note that the Capita Symonds Ecological Update Report (April 2010) provides a photograph of the great crested newt enhancement pond (Photograph 2). The image taken on 12th April 2010 shows that the pond does not appear to be holding any significant volume of water. Should additional remedial works be required to improve the water holding function of the pond, it may require further consultation with CCW.
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NP Head Of Strategy 21st May 2010 In the Authority Approved UDP the main policies And Policy apart from Policy G3 against which this proposal should be judged is Policy ES31. Development in the open countryside will not be permitted except in exceptional circumstances, therefore Policy ES30 is relevant since it sets out the criteria whereby residential use may be permitted in the countryside.
Dealing with ES30 first - the evidence of a need for a Gypsy and Traveller Site of up to 14 pitches in Powys is not in dispute. The Gypsy and Traveller Accommodation Assessment Shropshire, Herefordshire, Telford and Wrekin and Powys, 2007 refers. However, it's worth noting that the need referred to is for Powys and not just the National Park area of Powys. Where an evidence of need is proven there are locational requirements. That if a site is to be considered they should be in or adjoining and forming a logical extension to appropriate settlements. The reasons behind this test are to control the encroachment of residential uses into the countryside and to ensure there is reasonable access to the services and facilities that the residents might require. The proposed site does not meet this test or the reasons behind it.
Turning to Policy ES31, given that the proposed site fails the locational test outlined above, the proposal cannot satisfy criterion ii) of this Policy.
The fact that the proposal for a temporary consent is irrelevant from a Policy point of view. The Proposal is contrary to the provisions of the Approved UDP.
Powys County No comments have been received to date. Council Environmental Health Powys County 5th May 2010 Their views expressed in response to the earlier Council Highways submission (08/01969/FUL) remain unchanged and should be considered when this application is reviewed.
Their original comments are as follows:
"The County Council's Highways Officer has
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objected to the proposal and recommends that the application be refused. The highway network serving this site is generally sub-standard in terms of widths, alignments and gradients and is considered unsuitable for significant volumes of additional traffic.
This point is particularly relevant to the stretch of Bailihelig Road from Church Street to Llanfaes School when travelling directly to or from Brecon. It is not only too narrow for two vehicles to conveniently pass but also has a very narrow pedestrian refuge.
The extra traffic generated by twelve units of accommodation would exacerbate the substandard conditions and would be detrimental to highway safety."
Powys County No comments have been received to date. Council Pollution
CONTRIBUTORS Mr. Organ, Bywyd Developments
NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY
We note that the works of bunding and erection of close-boarded fencing has already been carried out, together with further hard standing and occupation of the house, so the application should in part be for retrospective approval. This is important, bearing in mind the planning history of Powys CC ‘s actions and the subsequent Ombudsman’s report. It would seem that the soft landscaping incorporated in the previous approval has not been carried out despite the fact that two planting seasons have elapsed. We have never been advised of any applications since PAROW gave their initial approval, so we can only assume that these irregularities are correct. The Ombudsman stated that “if the Council do not now act in a pro-active and positive manner to discharge their statutory obligations to the family group, I am concerned that the events that were subject to this investigation will be repeated.” When the PAROW meeting last considered this case you made no mention of Bywyd Development’s site as neighbours and said nothing of our amenities. Given the comments above and the Ombudsman’s report, we think it is imperative that the Committee should be given a full copy of his report. Additionally, the Committee was advised that to grant temporary permission “was the only way for the BBNPA to retain control of the site.” This clearly has not been the case. Further the Committee were not informed of a secret arrangement between the BBNPA and Powys CC that “enforcement action would not be pursued.” This is obviously a breach of appropriate behaviour and a violation of planning law. It is
Page 14 of 100 ENCLOSURE 5 essential for the Committee to be told unequivocally that this arrangement is now not still in place, otherwise it will throw into doubt the efficacy and merit of any decision it takes. Given the administrative shambles that has engulfed this project, the vast waste of money, time and resources and the fact that PCC are still carrying out works without approval, the proposed extension of two years is now excessive. What is desperately needed is a more demanding programme, and some management expertise to bring this matter to a speedy conclusion. One has to ask the question that, if a private developer had acted in such a cack-handed and inefficient manner, would the BBNPA be so accommodating in not pursuing action to bring about and instant conclusion? A comparison with other local cases immediately springs to mind! A period of six months should be enough. We therefore object, in the strongest possible terms, to an extension of any period in excess of this. Given what has happened to date, any longer period will only encourage a further waste of the public’s money, and create continuing uncertainty in the local community. When this matter comes before Committee, we give notice that we would like to have the opportunity to make a verbal presentation lasting longer than the prescribed three minutes, as these circumstances justify a comprehensive response.
RELEVANT POLICIES
G3: “Development in the National Park” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) Q3: “Sites of Importance Nature Conservation” (Unitary Development Plan 2007) Q4: “Protected and Important Wild Species” (Unitary Development Plan 2007) Q5: “Biodiversity and Development” (Unitary Development Plan 2007) ES11: “Protection of Agricultural Land” (Unitary Development Plan 2007) ES31: “Sites for Gypsies and Travellers” (Unitary Development Plan 2007) ES39: “Boundary Features” (Unitary Development Plan 2007) LPG1: “Conformity.” (Local Plan 1999) LPG3: “Development in the National Park.” (Local Plan 1999)
PLANNING HISTORY
App Ref Description Decision Date
08/01969/FUL Proposed temporary change of Application 27th Apr 2009 use of agricultural land to Gypsy Permitted traveller site and associated works 06/00576/FUL Retention of lean-to agricultural Application 6th Dec 2006 implement shed Permitted P21086 Proposed removal of existing Application 19th Oct 2005 structures and erection of Permitted agricultural building on foot print
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OFFICER’S REPORT
Site Description and Background
The site is based on a former small holding (4, Cefn Cantref) within the countryside and the Llanfrynach Community Council boundary as identified within the Brecon Beacons National Park Unitary Development Plan. It is approximately 2 miles to the south of Brecon. The site is generally level and is surrounded by open countryside save for farm complexes at No. 5 Cefn Cantref to the south west and Cefn Cantref Farm to the north east.
Prior to the farm being used as a temporary gypsy traveller site and the arrival of the caravans in July 2008 the site accommodated a farmhouse with associated garden/lawned area, a chicken run/vegetable patch, agricultural style steel sheds and areas of hardstanding. Access to the site is via a country lane off Bailihelig Road which bounds the south of the site.
The site is to the west and within 250 metres of an existing pond which has been identified as an established Great Crested Newt habitat. The farm and surrounding land are owned by Powys County Council.
In terms of the background to this application, the Smith family previously established an unauthorised encampment in a lay-by on the edge of the A470 at Libanus. The family then vacated the site and established a number of unauthorised encampments around the wider Brecon area, including Brecon Theatre Car Park. The retrospective application for temporary consent was intended as a stop gap until a permanent public Gypsy Traveller caravan site could be established at Twyn yr Odyn Farm, Llanfilo. The Smith family confirmed that they did not intend to operate a business from the application site.
After Powys CC moved the gypsy family to this site in July, 2008, Powys CC applied for retrospective planning permission in August, 2008 for the temporary siting (2 years) of 12 No. residential gypsy traveller caravans on hard standing pitches to the north and west of the existing farm complex; the demolition of an existing single storey garage building; the construction of an inner access road and verge, the provision of pedestals/stands to provide electricity and water, the erection of an amenity block (consisting of toilet and washing facilities contained within the existing barns) and a refuse/recycling area (including the disposal of toilet waste) and the planting of a 2m high woven willow fence to screen the site.
In addition to the above, it was proposed to utilise the ground floor facilities of the farm house including clothes washing, food preparation in the kitchen and a meeting room/communal room. Each 13m x 8m pitch was to include sufficient space for a touring caravan plus two vehicles. In terms of bio-diversity, it was also proposed to implement a Great Crested Newt mitigation and enhancement scheme as set out in the
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Members will recall that the original application (08/01969/FUL) was reported to PAROW on the 21st April, 2009 with a recommendation for approval subject to a condition limiting the lifetime of the consent (up to 21st April, 2010) and other stipulations that considered necessary to ensure an orderly development. At that time, a planning application had been submitted to Powys CC for a permanent site for the Gypsy family at Twyn-yr-Odyn Farm, Llanfilo and it was reasonably envisaged that the family would be relocated to that site by the middle of December, 2009.
The recommendation was made on the basis of advice contained within Welsh Assembly Government Circular 30/2007 “Planning for Gypsy and Traveller Caravan Sites” which allows LPA’s to consider granting a temporary permission for Gypsy sites if there was a reasonable expectation that new sites are likely to become available at the end of that period in the area which will meet that need. Officers were also conscious of the need to be sympathetic to the predicament of the Gypsy family. Officers were also satisfied that the fact that a temporary permission would be granted could not be regarded as setting a precedent for the determination of any future applications for the continued use of the land as a caravan site, as advised in the circular. The consent was issued on the 27th April, 2009 following a unanimous vote by members to approve the application on a temporary basis. Condition 2 stated that the caravans shall be removed from the site and the land restored to its former condition on or before 21st April, 2010 in accordance with a scheme of work submitted to and approved by the LPA. The scheme of reinstatement works has not been submitted to date.
During this process, a local property developer lodged a complaint with the Public Services Ombudsman for Wales on the basis that Powys CC had moved the Smith family onto the site without planning permission from the BBNPA and without a development licence from the Welsh Assembly Government. He also complained that the BBNPA had not initiated Enforcement action and delayed determination of the retrospective application until April, 2009.
Despite the Ombudsman acknowledging in one section of his report (see Appendix A attached to this report) that the delay in determining the application was understandable and that the BBNPA was not at fault, he concludes that the delay was “totally unacceptable”. He therefore recommended that both Powys CC and the BBNPA pay the complainant £250 each for the difficulties that their action had caused to the complainant. Finally, he states that it is clearly the Council’s failure to secure an appropriate site for the family group which led to the complaint and the events would be repeated if the Council did not in a proactive and positive manner to discharge their statutory obligations.
The permanent replacement site at Twyn-yr-Odyn, Llanfilo was recommended for approval by Powys CC Planning Officers following receipt of Counsel’s opinion that confirmed that the Cefn Cantref site could not be regarded as an “available” site given the temporary consent. Relevant extracts from the Counsel’s opinion are as follows:
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“The temporary permission is of very short duration and in itself it is clearly insufficient to meet the accommodation needs of the Smith family on any kind of long term basis. I do not think that the Cefn Cantref site can be regarded as an “available” site for the purposes of Criterion 1 of Policy HP20 of the Powys Unitary Development Plan.” Powys CC Officers were satisfied that there were no other permanent pitched, transient or residential site available for the Smith family in the Brecon Area and considered that the criterion of their policy had been addressed.
However, at a Special Planning Committee convened on the 17th September, 2009, the Powys CC Planning Committee decided to refuse the application on the grounds that the site was not well related to existing community, social, educational and other services and facilities (see Committee Report and Minutes attached as Appendix B to this report). Subsequently, in December 2009 Powys CC received an application by South West Law on behalf of the Smith Family to judicially review the decision and on the 13th January, 2010 Mr. Justice Hickinbottom granted permission for Mr. Smith to proceed with the JR claim and, following legal advice, Powys CC agreed to the quashing of the original decision on the grounds that the LPA had failed to give full and adequate reasons dealing with the points raised.
The same application was therefore reported back to Powys CC Planning Committee members on the 23rd March, 2010 with the same recommendation for approval. This time, despite the fact that the Smith family had expressed their desire to move to this site, Powys CC Committee members decided to refuse the application again on the grounds that it was not well related to existing community, social, educational and other services and facilities, it would be visually intrusive and dominant in the locality and, by being adjacent to a Waste Transfer Station, had the potential for unacceptable adverse impacts on the proposed occupiers of the site that cannot reasonably be mitigated by the imposition of planning conditions (see Committee Report and Minutes attached as Appendix C to this report). As Powys CC Housing Department submitted the application as the applicant they would not appeal the decision and therefore there are no firm alternatives for a permanent Gypsy site in Powys.
Proposal
The application seeks temporary planning permission for the continued retention of the Gypsy traveller site for a further period of two years beyond the expiry of the original temporary consent on the 21st April, 2010 (i.e. 21st April, 2012). As the Gypsies were first moved to the site in July, 2008, this further extension would mean that the Gypsy site would be in place for a combined total of 46 months or 3 years and 10 months. The application was received by the BBNPA on the 13th April, 2010 and was registered as valid on the 20th April, 2010. The application was accompanied by revised plans, a Planning Statement, a Design and Access Statement, an Ecological ‘Top Up’ Report and the original Ecological Report and site photographs.
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The main changes to the original application details are as follows:
1. The application relates to 11 No. caravan pitches instead of the 12 No. pitches as originally requested. Whilst this is not consistent with the proposed site layout plan submitted with the application it is consistent with the number of caravans currently on site (as of the 18th May, 2010).
2. The application site red line boundary has been amended to reduce the extent of the site to the north and west and to preclude the new pond and hedge enhancements within the adjoining field to the north (the implementation of these mitigation measures for protected species have been carried out under the previous consent and this application is supplemented by a report detailing all mitigation works carried out within and around the site. The ecological enhancement measures included the creation of a pond for Great Crested Newts and the laying of 1600m² of species diverse hedgerow habitat (enclosed by Rylock fencing) with a monitoring programme through to 2014. It is noted that the pond has not been positioned as per the approved plans and it would appear that the pond does not hold any water).
3. The scheme now includes a 11m x 4.5m x 1m high earth bund along the northern boundary of the site (within the adjacent field) to provide protection from strong winds, a revised location for the amenity blocks, revised surfacing proposals and landscaped areas, new barbed wire fencing around the site, new post and rail fencing within the site and across the entrance, 2.04m close boarded fencing around the caravans and fire breaks between the caravans. The live woven willow fence/screen that was previously proposed as part of the works has not been implemented. It would also appear that an earth bund has been implemented along the entire length of the western boundary of the site although this element is not shown on the proposed site layout plan.
Appraisal
Following statutory adoption of the Brecon Beacons National Park Local Plan 1999 (hereinafter called ‘the Local Plan’), work on the Brecon Beacons National Park Unitary Development Plan (hereinafter called ‘the UDP’) commenced in 2000. The UDP was subject to all the statutory consultations and procedures associated with the preparation of development plans, including a local inquiry and an Inspector’s report.
The Brecon Beacons National Park as Local Planning Authority received a direction from the Welsh Assembly Government under Section 17(1) of the Town and Country Planning Act 1990 (as amended) in relation to the safeguarding of sand and gravel in the National Park. The Authority resolved not to comply with the WAG direction to modify the UDP as it was not considered that the quality of the resource had been adequately established or that the environmental constraints relating to the sites had
Page 19 of 100 ENCLOSURE 5 been sufficiently considered. The UDP was subsequently approved by the Authority for development control purposes in March 2007 and sets out the policies and proposals to guide development in this area from 2001 to 2016 and beyond. As a point of clarification, the direction from the WAG relates solely to sand and gravel issues and does not relate to any matters raised in this application.
Whilst the adopted Local Plan and its associated Structure Plans remain the formal statutory policy framework for the area, the UDP provides a more up-to-date and relevant planning framework in line with current National Planning Policy. Planning Policy Wales advises that the weight to be attached to emerging plans will increase as successive stages are reached. For these reasons, the Authority has determined to afford greater weight to the UDP in the determination of this planning application than the statutory documents listed above. As such, Local Plan policies will only be considered where they differ significantly from their UDP counterparts.
Under the Brecon Beacons National Park Adopted Local Plan (1999) the site is identified as falling within countryside. As such only those Local Plan Policies which relate to this type of development and are not contrary will be quoted.
This application is considered against detailed policies G3, G6, Q3, Q4, Q5, ES11, ES30, ES31, ES39 of the UDP and policies G1 G3, G7, CL3 and AG1 of the Local Plan.
In addition, Officers have also considered the comments made by statutory consultees and other interested parties and advice contained within the following national guidance:
• Planning Policy Wales (PPW, 2002) • Technical Advice Note 2: Planning and Affordable Housing • Ministerial Interim Planning Policy Statement (MIPPS) 01/2006 - Housing (Planning Policy Wales) • Welsh Assembly Government Circular 30/2007 “Planning for Gypsy and Traveller Caravan Sites” • Welsh Office Circular 35/95, “The Use of Conditions in Planning Permissions”
Policy ES31 (Sites for Gypsies and Travellers) states that:
“Gypsy and travellers’ caravan sites will be permitted where: i) the proposed development will not adversely affect wildlife, habitats, landforms, archaeological and cultural features; ii) the proposed development will not adversely affect the character, amenity and natural beauty of the National Park and shall be designed in local materials and be adequately screened; iii) the proposed development will not adversely affect the amenity and privacy of existing buildings, or the utility and security of neighbouring buildings and land uses; iv) the proposed site will be provided with a satisfactory level of services; and v) the proposed site will have an adequate means of access, and traffic to or from
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the site will not adversely affect highway safety.”
The preamble to this policy states that “The NPA has no legal requirement to provide sites for gypsies or travellers. However proposals for the provision of private sites may well be received. It is prudent therefore to set out the conditions to be satisfied for any site on which gypsies and travellers were to take up permanent or temporary residence." The responsibility to provide a suitable site for gypsies such as the Smith family resides solely with the Housing Authority (Powys CC).
Paragraphs 9.2.20 of Ministerial Interim Planning Policy Statement (MIPPS) 01/2006 - Housing (Planning Policy Wales) state that:
“Local authorities are required to assess the accommodation needs of Gypsy families. It is therefore important that local planning authorities have policies for the provision of Gypsy sites in their development plans. In drawing up policies local planning authorities should consult with providers of social housing, representatives of Gypsies and Travellers and landowners in areas likely to be appropriate for Gypsy sites in accordance with their Community Involvement Scheme. Appendix F of the Local Housing Market Assessment Guide (Welsh Assembly Government, 2006) provides advice about how such assessments should be undertaken.”
Circular 30/2007 provides updated guidance on the planning aspects of finding sustainable sites for Gypsies and Travellers and how local authorities and Gypsies and Travellers can work together to achieve this aim. It supersedes advice contained in Circular 2/94 “Gypsy Sites and Planning” which is cancelled.
The relevant sections of the Welsh Assembly Government Circular 30/2007 “Planning for Gypsy and Traveller Caravan Sites” are as follows:
3. For the purposes of this Circular "Gypsies and Travellers" means: “persons of nomadic habit of life whatever their race or origin, including such persons who on grounds only of their own or their family’s or dependants’ educational or health needs or old age have ceased to travel temporarily or permanently, but excluding members of an organised group of travelling show people or circus people travelling together as such.”
8. A more settled existence can prove beneficial to some Gypsies and Travellers in terms of access to health and education services, and employment and can contribute to greater integration and social inclusion within local communities. Nevertheless the ability to travel remains an important part of Gypsy and Traveller culture. Some communities of Gypsies and Travellers live in extended family groups and often travel as such. This is a key feature of their traditional way of life that has an impact on planning for their accommodation needs.
13. Advice on the use of temporary permissions is contained in paragraphs 108-113 of Welsh Office Circular 35/95, “The Use of Conditions in Planning Permissions.”
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Paragraph 110 advises that a temporary permission may be justified where it is expected that the planning circumstances will change in a particular way at the end of the period of the temporary permission. In cases where there is: - unmet need and; - no available alternative Gypsy and Traveller site provision in an area and; - a reasonable expectation that new sites are likely to become available at the end of that period in the area which will meet that need; local planning authorities should give consideration to granting a temporary permission where there are no overriding objections on other grounds.
14. Such circumstances may arise, for example, in a case where a local planning authority is preparing its site allocations as part of the LDP. In such circumstances, local planning authorities are expected to take into account the consequences of the unmet need in considering whether a temporary planning permission is justified. The fact that temporary permission has been granted on this basis should not be regarded as setting a precedent for the determination of any future applications for full permission for use of the land as a caravan site. In some cases, it may not be reasonable to impose certain conditions on a temporary permission such as those that require significant capital outlay nor indeed may it be reasonable to grant temporary planning permission where such an outlay is required.
26. Sites on the outskirts of built-up areas may be appropriate. Sites may also be found in rural or semi-rural settings. Rural settings, where not subject to specific planning or other constraints, are acceptable in principle. In assessing the suitability of such sites, local authorities should be realistic about the availability, or likely availability, of alternatives to the car in accessing local services. Over rigid application of national or LDP policies that seek a reduction in car borne travel would not be appropriate as they could be used to effectively block proposals for any Gypsy and Traveller Site in a rural location. Sites should respect the scale of and not be so large as to dominate the nearest settled community serving them. They should also avoid placing an undue burden on the local infrastructure.
27. In some cases, perhaps involving previously developed (brownfield), untidy or derelict land, the establishment of a well-planned Gypsy and Traveller site (e.g. one which incorporates appropriate soft landscaping) can be seen as positively enhancing the environment and increasing openness.
36. Section 54A of the Town and Country Planning Act 1990 (in the case of UDPs) and section 38 of the Planning and Compulsory Purchase Act 2004 (in the case of LDPs) provide that determinations of applications for planning permission shall be made in accordance with the development plan unless material considerations indicate otherwise. Other considerations for Gypsy and Traveller site applications will usually include the impact on the surrounding area, the existing level of provision and need for sites in the area, the availability (or lack of) alternative accommodation for the applicants and their specific personal circumstances.
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40. Local planning authorities should not refuse applications solely because the applicant has no local connection. But they are entitled to refuse applications in locations that do not comply with planning policies, especially where the authority has complied with this guidance and proceeded properly to ensure needs identified by accommodation assessments are being met.
41. In considering whether to enforce against land being used as a Gypsy/Traveller site or to refuse planning permission for such use, local planning authorities should assess what effect, if any, the absence of existing site provision would have on the ability to take, and defend, such actions successfully in any subsequent appeal.
42. It is important that planning policies and controls are respected by all sections of the community and that, where it is expedient to do so, effective enforcement action is taken.
44. There will be occasions when LPAs refuse planning permission for Gypsy and Traveller sites. A Planning Inspector will determine any subsequent appeal in accordance with the development plan and all other material considerations, - most, if not all, of which should already have been addressed at the application stage. These will include the LHMA where this is available, existing and planned provision of, and need for sites in the local planning authority’s area, the accuracy of the data used to assess need, the methodology employed in the needs assessment and how up-to-date it is, information on pitch availability on public and private sites, personal circumstances and alternative accommodation options.
The application to extend the temporary period has been the subject of one neighbour objection, an objection from the Llanfrynach Community Council and it is again recommended for refusal by Powys County Council Highways Department.
Visual Impact and Landscaping
Criteria (i) and (iii) of Policy G3 aims to ensure that development does not have a unacceptable impact on the special qualities, natural beauty, wildlife and cultural heritage of the National Park and stipulates that developments must maintain or enhance the quality of the Park’s landscape. Criteria (iv) of policy G3 requires that the proposed development is integrated successfully into the landscape. Criteria ii) of Policy G6 requires that developments demonstrate that they sustain or enhance character in landscape by responding to locally distinctive landscape and biodiversity. Policy ES31 (ii) requires that the development should not adversely affect the character, amenity and natural beauty of the National Park and be adequately screened.
The application seeks to retain the Gypsy site in this location for an additional period of 2 years. The layout of the site has evolved over time since the submission of the original application (09/01969/FUL) and the number of caravans and the overall area of land to be utilised by the caravans have been reduced. The caravans are now mainly sited to the west of the farmhouse and steel agricultural building within the established
Page 23 of 100 ENCLOSURE 5 curtilage of the small holding as opposed to the original proposal to extend to the north and west into the adjoining fields.
The current as implemented scheme uses existing landscape features, supplemental planting, an earth bund and 2.04m high close boarded timber fencing to try to screen the development from wider views from the surrounding countryside. Whilst it is acknowledged that the close boarded fencing and earth bunds have been constructed to screen the site and act as physical barriers to the high winds affecting the site by destabilising the caravans, these features did not form part of the original consent and require planning consent in their own right as an engineering operation (in the case of the bund) and due to the height of the fencing.
Officers also consider that the introduction of these features, by reason of their scale and domestic/industrial appearance, is detrimental to the visual amenities of the site in the rural landscape. In addition, these features were not included as part of the original consent and go beyond the natural soft landscaping (in the form of a live woven willow fence/screen) as previously proposed for the site. The proposal would therefore be contrary to policy G3 (i)(iii) and iv), G6 (ii) and ES31 (ii) of the Brecon Beacons National Park Unitary Development Plan. Paragraph 27 of the Welsh Assembly Government Circular 30/2007 “Planning for Gypsy and Traveller Caravan Sites” advises that in some cases the establishment of a well-planned Gypsy and Traveller site which incorporates appropriate soft landscaping can be seen as positively enhancing the environment and increasing openness. However, this is not the case in this instance.
Neighbouring Amenity
Criterion (v) and (x) of policy G3 covers the impact of proposals on neighbouring amenity and the potential impact of light pollution. Policy ES31 (iii) requires that the development should not adversely affect the amenity and privacy of existing buildings.
Concerns have previously been raised that the proposal will impact upon the amenities of neighbouring properties. The nearest property (No. 5 Cefn Cantref) lies approximately 25m to the south east of the application site on the opposite side of the country lane. The gypsy traveller site has been managed by Powys County Council to try to ensure that the amenities and privacy of neighbouring occupiers are preserved in terms of overlooking, noise, litter, air and ground pollution. However, Llanfrynach Community Council expressed their concerns at the level of light pollution emanating from the site due to the lighting columns close to the entrance into the site. They state that local residents are offended by the existing light as it is extremely bright and it is permanently on.
Condition 4 of the original consent (08/01969/FUL) required that details of the external lighting of the site to be submitted to and agreed in writing by the NPA within 3 months of the decision date. However, no details have been received to date and the current application does not include sufficient information to enable Officers to assess the potential impact of the lighting scheme.
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Whilst it is considered that the scheme generally does not have a detrimental impact on the privacy or residential amenities of neighbouring occupiers, it is acknowledged that the light pollution emanating from the site has the potential to disturb neighbouring occupiers and wildlife. The proposal would therefore be contrary to policy G3 (v) and (x) and ES31 (iii) of the Brecon Beacons National Park Unitary Development Plan.
Highways
Criterion (vii) of policy G3 requires that all proposals are compatible with the road hierarchy in that it is within the capacity of existing approach roads and does not have an unacceptable impact on traffic circulation or highway safety. Criterion (ix) requires that adequate means of access and parking space can be provided to cater for the traffic generated by the proposal. Policy ES31 (v) relates to the requirement for an adequate means of access and stipulates that traffic to and from the site will not adversely affect highway safety. Policy ES38 relates to road layouts and open spaces and requires road layouts to be clear to motorists and highly accessible and any new roads should be drained and finished to an adoptable base course standard (criterion iii).
The Highways Authority has again recommended that the application be refused on the basis that the substandard highway network and the associated increase in traffic movements to and from the site will be detrimental to highway safety in and around the site. Local residents have also previously raised concerns regarding the level of traffic generated by the site. It has been confirmed that the Smith family do not intend to operate a business from the application site, the overall number of caravan pitches has been reduced to eleven and the Gypsy site utilises the original access into the site. However, although Officers originally considered that the small country lane could accommodate the traffic related to the gypsy site for a short term and finite period, the continued use of the site for another 2 years will eventually exacerbate the existing sub- standard highway conditions to the detriment of highway safety. It has also become apparent over the course of the last two harsh winters that the site is not easily accessible during periods of inclement weather.
The proposal would therefore be contrary to policy G3 (vii) and ES31 (v) of the Brecon Beacons National Park Unitary Development Plan.
Service Infrastructure
Policy ES47 aims to ensure that development will only be permitted where an adequate water and sewerage infrastructure exist or can be provided. Policy ES48 i) stipulates that the use of non-mains sewerage will only be permitted where connections to the public sewerage system are not feasible in terms of either cost or practicability. Policy ES31 iv) requires that a gypsy traveller site should be provided with a satisfactory level of services.
Concerns have previously been raised by local residents at the lack of water pressure in
Page 25 of 100 ENCLOSURE 5 the area and the potential overloading of the existing private sewerage system (septic tank). The application site is not connected to the main sewerage system and the amenity block includes the existing septic tank which is emptied on a regular basis by Powys County Council. Officers consider that the proposal complies with the relevant provisions of UDP policies ES31, ES47 and ES48.
Biodiversity
Policy G3(i) aims to ensure that development does not have a detrimental impact on the wildlife within the National Park. Policy Q4 states that proposals on land that supports protected species will be permitted if the need for the development outweighs the nature conservation importance of the site and the criteria for derogation are met; measures are provided to contribute to species and habitat conservation targets and the developer can prove that the disturbance of the species is kept to a minimum or alternative areas are provided to sustain at least the current levels of populations affected by the proposal. Policy ES31 i) requires that the development will not adversely affect wildlife or habitats.
The site is within 250m of a pond that sustains Great Crested Newts, a European Protected Species. Records of Great Crested Newts within 500m of a development site trigger the need for an assessment of any potential impacts on this species from proposed development. As part of the original application (08/01969/FUL) The developer undertook a habitat survey and the Countryside Council for Wales worked closely with Powys County Council. A derogation licence was granted by WAG for the works. As stated previously, the ecological enhancement measures included the creation of a pond for Great Crested Newts and the laying of 1600m² of species diverse hedgerow habitat with a monitoring programme through to 2014. It appears from the map and photographs included within the Ecological update report that the pond has not been positioned in accordance with the approved plans and there is no significant volume of water in the pond. The BBNPA Ecologist has confirmed that should additional remedial works be required to improve the water holding function of the pond there may be a requirement for further consultation with CCW.
Condition 6 of the original consent stated that:
“Within three months of the date of this consent, the proposed mitigation measures for protected species shall be implemented fully in accordance with the ecology report prepared by Capita Symonds dated July 2008, unless otherwise agreed by the National Park Authority.”
Whilst the pond is not in the exact position as previously approved it is considered that the enhancement scheme has been successfully implemented. Therefore, officers consider that the proposal complies with the relevant provisions of UDP policies G3, Q4 and ES31.
Other Material Considerations
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Although the site was originally and illegally occupied in July 2008, the application was submitted to the Brecon Beacons National Park Authority in August 2008. Powys County Council had originally applied for a 2 year temporary consent which would have effectively lasted until August 2010.
As an application had been submitted to Powys County Council for an alternative and permanent gypsy traveller site and associated works on land adjacent to Twyn yr Odyn Farm, Llanfilo (App. No. P/2009/0115) and Officers at Powys County Council had intimated that the project plan timetable for the completion of this replacement scheme was the end of December, 2009, Officers considered that it would be reasonable to allow a temporary planning permission for a 12 month period in accordance with advice contained within paragraph 13 of WAG Circular 30/2007 which suggested that a temporary permission may be justified where there was a reasonable expectation that the planning circumstances will change in a particular way at the end of the period of the temporary permission.
Officers also considered the fact that the temporary permission would not set a precedent for the determination of any future applications for the use of the land as a caravan site, as per the advice contained in paragraph 14 of the Circular.
Unfortunately, the planning application for the replacement site at Twyn yr Odyn Farm has been refused by members of Powys County Council Planning Committee despite their Officer’s recommendation for approval and the necessary grant funding being secured through WAG. Therefore, as no other sites are likely to be available in Powys to accommodate the Gypsy site and the Smith family, Officers cannot justify a recommendation to Members that would allow a further temporary consent when the scheme is contrary to policies contained within the Brecon Beacons National Park Authority Unitary Development Plan.
CONCLUSION
Having regard to the above, as it is accepted that the original temporary permission should not be regarded as setting a precedent for the determination of any future applications; it is not reasonably expected that a new permanent site will become available within the next two year period and that there are no other material considerations to justify recommending this application against policies contained within the UDP, the application is recommended for refusal on the basis that it is contrary to policies G3, G6 and ES31 of the Brecon Beacons National Park Authority Unitary Development Plan (2007).
RECOMMENDATION: Refuse
Conditions and/or Reasons:
Reasons:
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1 The proposal, by reason of the continued use of the site by 11 No. caravans and the construction of 2.04m high close board fencing and earth bunds, will have a significant detrimental impact on the character and special qualities of the National Park Landscape and is considered contrary to policies policy G3 (i)(iii) and iv), G6 (ii) and ES31 (ii) of the Brecon Beacons National Park Unitary Development Plan. 2 The continued use of the site for an extended period of two years will result in an unacceptable increase in the level of traffic onto a sub-standard country lane that is considered unsuitable and incapable of such an increase in vehicular activity. It is therefore considered that the proposal would have a significant detrimental impact upon highway safety and would therefore be contrary to policies G3 (vii) and ES31 (v) of the Brecon Beacons National Unitary Development Plan. 3 The proposal, by reason of the unacceptable level of light pollution emanating from the site, would continue to have a significant detrimental impact on the existing residential amenities of neighbouring occupiers and the surrounding countryside. The proposal is therefore contrary to Policy G3 (v) and (x) and ES31 (iii) of the Brecon Beacons National Unitary Development Plan.
Informative Notes:
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ITEM NUMBER: 3
APPLICATION NUMBER: 09/03405/OUT APPLICANTS NAME(S): SITE ADDRESS: Cwrt Y Gollen Crickhowell Powys NP8 1TF GRID REF: E: 323575 N:216893 COMMUNITY: Vale Of Grwyney DATE VALIDATED: 10 July 2009 DECISION DUE DATE: 30 October 2009 CASE OFFICER: Mr Rhodri Davies
PROPOSAL Redevelopment of the former army camp at Cwrt y Gollen for comprehensive mixed use development comprising residential development (C3), employment provision (B1), a pre school day nursery (D1), a residential care home (C2), open space provision including allotments, community orchard, sports provision and associated infrastructure works.
ADDRESS Cwrt Y Gollen, Crickhowell, Powys
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CONSULTATIONS/COMMENTS Consultee Received Comments
Ancient Monuments No comments have been received to date Society Brecknock Access No comments have been received to date Group Brecon Beacons Park 19th Aug 2009 Objects as the development is not in accordance Society with either the purposes of the National Park or the aims if the UDP. Size of the development means it cannot comply with the fundamental criteria set out in UDP policy G3. The development will create unacceptable impact on the neighbouring communities. The affordable homes will be concentrated in one area and not dispersed through the communities as is necessary. Due to the location of the development being away from shops and amenities there will be an unacceptable impact on traffic circulation and highway safety. CADW Ancient 30th Jul 2009 The proposed development will have a direct effect Monuments upon the scheduled ancient monument known as Administration Cwrt-y-Gollen Standing Stones (BR113).
We note on page 45 of the Planning Statement that an archaeological assessment has been undertaken suggesting the area is of limited archaeological potential but there is a high potential around the scheduled ancient monument.
We would like to see a copy of the archaeological assessment.
We note that the proposed mitigation for impact on the scheduled site is apparently a planning condition requiring a modest programme of works. The standing stone is a scheduled ancient monument is of national importance. CADW should be sent the proposed scheme of mitigation, if such has been formulated, for approval.
Until CADW has had sight of the archaeological assessment, we cannot give a view as to the importance of the area for its historic environment
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component generally, the potential importance militarily of the army camp itself, and the suitability of the proposed mitigation for impact on the scheduled standing stone and its setting.
CADW Ancient 12th Aug 2009 CADW would be grateful if you could add the Monuments following request to the list of suggestions made in Administration an earlier letter. It would appear that the many alterations of the camp subsequent to its WWII origins have reduced the potential interest of the camp. Nonetheless we recommend a photographic survey of the buildings to supplement Defence Estates records and our National Monument Record is undertaken prior to demolition.
CADW Ancient 12th Aug 2009 Recommend a photographic survey of the buildings Monuments to supplement Defence Estates records and our Administration National Monument Record is undertaken prior to demolition. CADW Ancient 2nd Oct 2009 We have now looked through the Archaeological Monuments Assessment. We accept the main findings of the Administration report. We support the report's suggestion that a modest programme of works should be secured by planning permission and agree with the wording in paragraph 6.5 of the report. We suggest the potential development affecting the SAM should be constrained by a specific condition; The setting and future protection of the scheduled ancient monument Standing Stone should be considered within the written scheme of investigation and proposals which may affect, enhance or investigate the area around the monument or its setting should be discussed and agreed with CADW before any development takes place within the application area. Clwyd Powys 6th Aug 2009 The proposed development will disturb Archaeological Trust archaeological remains surviving here, but from present knowledge it is impossible to estimate how damaging this might be, and thus to frame an appropriate archaeological response. The planning authority appears to have insufficient information about this archaeological resource, or the applicant's intended treatment of it, to make a balanced decision. As archaeology is a material consideration here I would advise this application is not determined until this resource has been properly
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evaluated.
Would advise that in order to allow for sufficient time for an evaluation to be completed, the report produced and discussion of a subsequent mitigation strategy, the current application is either deferred, or withdrawn and re-submitted.
Clwyd Powys 7th Sep 2009 Primary concerns have been addressed. The layout Archaeological Trust places the majority of the housing at the east of the site where there has already been extensive ground disturbance for the WW11 and later Army Camp. The intention to improve the setting of the scheduled monument are welcome.
Suggested standard condition; No development shall take place within the application area until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to the applicant and approved in writing by the local authority. The archaeological work will be undertaken to the standards laid down by the Institute of Fields Archaeologists. On completion of site work and any post-excavation analysis a report on the investigation will be submitted to the Local Planning Authority and the Curatorial Section of the Clwyd- Powys Archaeological Trust for approval.
Council For National 1st Sep 2009 Objects as the development conflicts with the Parks statutory purposes of the National Park. It constitutes a major development and as such should be assesses against the advice in PPW. Its density also conflicts with the principles of the national Park UDP.
CNP question the development of such a large site in an area with poor service provision. Although supports the Authority's attempt at increasing the amount of affordable housing being delivered to local people they question the appropriateness of concentrating such large development at a single site. Countryside Council 4th Aug 2009 Requesting extension of time
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For Wales Countryside Council 29th Oct 2009 CCW do not object to the proposal subject to For Wales appropriate conditions regarding sustainability, Management Plan, Bats, Landscape and Hydrology, being attached to any permission being granted for this proposal. Countryside Council 23rd Feb 2010 Do not object to the proposal but make For Wales observations regarding the River Usk SAC, Habitats, SUDS and Water Treatment. Crickhowell And 19th Aug 2009 Objects due to the size of the development being District Civic Society out of keeping with all the facilities available in the area. Believes the development will have health and safety issues with its proximity to the MOD. The developers have not addressed the matters of the A40 flooding. Crickhowell Town 4th Aug 2009 Disappointed that they have not been notified as a Council general consultee. Members would appreciate a copy of the plans and an extension period in which to formulate a response. Crickhowell Town 24th Aug 2009 Raise concerns over the health and safety of the Council development due to its close proximity to the Cwrt y Gollen military site. Concerns over flood consequences of the development and suggest looking at photographic evidence of the flooding. Feels there is no justification for the numbers of houses and affordable homes for the area. Feel that planning gains and obligations should be tailored for the local communities and not Powys County Council. There should be a detailed study on transport links as the proposed entrance is a proven hazard and the A40 is inadequate for the extra traffic. The development should work towards a carbon neutral development. The development should look at its impact on local services. Crickhowell Town 28th Oct 2009 Question whether Planning Obligation Strategy will Council be adopted in relation to Cwrt y Gollen site. Dwr Cymru Welsh 24th Mar 2010 Following re-consultation for the application we are Water pleased to note the developer's intention to incorporate sustainable drainage practices for surface water management and the incorporation of a private waste water treatment works. Accordingly we wish to withdraw our previous
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objections in our letter dated 29.09.2009 Dwr Cymru Welsh 30th Sep 2009 Sewerage - the proposed development would Water (Hyder overload the existing public sewerage system. No Consulting) improvements by Welsh Water are planned, therefore we consider any development being undertaken before improvements to be premature and therefore object. Sewage Treatment - the proposed development would overload the Waste Water Treatment Works and therefore we object. Water Supply - Dwr Cymru Welsh Water has no objections. Environment Agency 19th Aug 2009 Suggested conditions for the following areas, foul Wales drainage and surface water drainage, flood risk, contaminated land and biodiversity. Environment Agency 17th Mar 2010 Refers to previous letter for concerns over the Wales method of foul drainage. Concerns over the possible location of the proposed water treatment works. Suggest a risk assessment be undertaken to ensure that any tanks from the water treatment works will not encounter the water table at any time.
Supportive of the use of SUDS on site and encouraged by the intention to deliver an exemplar scheme. Mid Wales Trunk See advice from WAG Transport Directorate Road Agency (C/P) Monmouthshire No comments have been received to date County Council Education Monmouthshire No comments have been received to date County Council Highways National Grid UK 4th Aug 2009 Based on the information provided and the Transmission proximity and sensitivity of these networks to your proposal we have concluded that the risk is negligible. NP Affordable See Powys CC Board response to the scheme from Housing Officer (Mr T their meeting of 7th December, 2009 (attached as Flynn) Appendix A to this report) NP Ecologist 30th Jul 2009 Detailed comments relating to the following issues: 1. Resilience and adaptation to climate change at Cwrt y Gollen. 2. Environmentally sustainable design appropriate for a National Park location.
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3. Sustainability and long term resilience of the transport plans and proposals. 4. Hard surfaces; Water; Sustainable Urban Drainage System. 5. Renewable energy. 6. Recreation and sports facilities. 7. Biodiversity. 8. Management of the open space.
NP Head Of Strategy 26 April 2010 It is considered that the above proposal accords And Policy with the Authority Approved UDP March 2007. The site is allocated for mixed use development in the Plan namely residential/employment and recreational uses within a park setting. The allocation is supplemented by Development Principles included in the Appendices of the UDP. The Development Principles indicates the broad principles any development proposals should adopt and includes the requirement that development should only occur on the parts of the site already built upon. In accordance with the UDP the applicant in association with the Cwrt Y Gollen Steering Group produced a Development Brief for the site in August 2008. The Steering Group was made up of officers from the National Park Authority the local ward member representatives of the Vale of Grywney Community Council Crickhowell Town Council the landowner and his agents and officers and Members of Powys County Council and Monmouthshire County Council. The Brief was approved by this Authority in September 2008.
In terms of the weight to attach to the extant development plans, the UDP was subject to all the statutory consultations and procedures associated with the preparation of development plans including a local inquiry and an Inspectors report. It could not be adopted solely due to the Authority not accepting WAGs direction to include safeguarding sand and gravel deposits. Whilst the Adopted Local Plan and its associated Structure Plans remain the formal statutory policy framework for the area, the UDP provides a more up-to-date and relevant planning framework in line with current National Planning Policy. Planning Policy Wales advises that
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the weight to be attached to emerging plans will increase as successive stages are reached. For these reasons the Authority has determined to afford greater weight to the UDP in the determination of this planning application than the statutory documents listed above. In relation to this specific proposal, the Local Plan does not allocate Cwrt Y Gollen. The Public Local Inquiry was held into objections to the Local Plan in 1997 and it was adopted in May 1999. Cwrt Y Gollen was sold by the Ministry of Defence in 2000. The NPA would therefore not have considered it available for inclusion within the Local Plan.
NP Rural Practice 23rd Oct 2009 There is a suggestion that only A&B quality trees will Surveyor be retained - I would suggest that some of the trees that they have identified as being C are also worthy of retention. They need to have regard to the Tree Survey supplied and protection of important trees, paying particular attention to older trees with veteran characteristics (e.g. by tree root exclusion zones). A system for the long term care of the trees needs to be in place. New tree planting would be desirable & we should ask for their drafts, including appropriate trees within the residential/commercial areas, future generation trees alongside the road & new parkland type trees. Powys County 19th Aug 2009 I can recommend that our full contamination Council conditions are applied to the development. I Contaminated Land provide the additional comments to the submission: 1. Currently the desk top study is not considered suitable to satisfy the appropriate part of the contamination conditions. We expect contaminated land specialists to undertake this work. 2. Fully justified investigations should be represented with reference to current UK guidance. The proposals should be presented to works taking place. 3. Where there are potential 'off-site' sources of contamination under ownership of the same landowner these must be considered within the assessment. 4. Powys CC identifies the site as a potentially contaminated site in accordance with its Part IIA inspection strategy. The site is considered a high
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risk in accordance with the strategy. Accordingly, the investigation and assessment should be suitably robust to reflect its former use and its intended sensitive use.
Powys County 9th Feb 2010 Provided that the comments and planning obligations Council Development sought and justified by the individual service areas Control within the Council can be fully met through the "Section 106" process, Powys County Council raises no objections to the scheme. See Powys CC Board response to the scheme from their meeting of 7th December, 2009 (attached as Appendix A to this report) Powys County No comments have been received to date Council Drainage Powys County See Powys CC Board response to the scheme from Council Education their meeting of 7th December, 2009 (attached as Appendix A to this report). Powys County 8th Apr 2010 Officer correspondence and see Powys CC Board Council Education response to the scheme from their meeting of 7th December, 2009 (attached as Appendix A to this report) Powys County 26th Apr 2010 Paul Griffiths (Strategic Director Communities, Skills Council Education & Learning) has provided the following comments.
I understand that the above planning application is due to be considered by the Planning, Access and Rights of Way Committee at its meeting scheduled for Tuesday 27 April 2010. I have submitted a public speaking form under separate cover.
I note that the officers report makes reference to the Powys County Council draft Secondary Modernisation Strategy and includes this as an appendix to the report. However, the situation has moved on significantly, but no reference is made to the present position in the officers report. You will appreciate that in determining the application it is essential that the Committee is fully appraised of the up to date position in terms of all material planning considerations otherwise any decision is susceptible to challenge by way of judicial review. The report needs to reflect the current education position.
At present, the report does not, therefore, set out a comprehensive and up to date position for Members
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in respect of education. On this basis, I believe that the application should be deferred to allow the matter to be properly reflected in the report to Members. I therefore formally request that the application is deferred.
I look forward to hearing from you soon with your confirmation that the application is deferred.
Powys County 8th Apr 2010 See Powys CC Board response to the scheme from Council Education their meeting of 7th December, 2009 (attached as Appendix A to this report). Powys County 29th Sep 2009 No Comments Council Environmental Protection Powys County 29th Oct 2009 Private garages are still not considered as parking Council Highways spaces within Powys due to the frequency with which they are used to store domestic paraphernalia. Only 70% of the advised parking levels are being proposed.
Powys Highways require the intention not to bring a bus route through the site to be reviewed and the internal layout designed to allow a public service bus to serve the employment and residential areas.
Carriageway widths and alignments throughout the site will need to be carefully designed to take account of the varieties and volumes of traffic likely to be experienced to the different areas.
More detail will be required regarding the biomass heating system, its fuel supplies, storage and deliveries. The location of the energy plant and the need for its deliveries and maintenance to enter the residential zone raises some concerns. The close proximity of the residential care home to the plant also raises concerns.
Street Lighting proposals should be addressed with Powys County Council's street light engineers prior to any submission of reserved matters. Clarification at the earliest possible stage in any reserved matters application of what areas will be put forward for adoption will ensure any comments from this
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Authority are appropriate. Powys County 2nd Nov 2009 Commenting Council Highways Powys County See Powys CC Board response to the scheme from Council Leisure And their meeting of 7th December, 2009 (attached as Recreation Appendix A to this report) Powys County 6th Aug 2009 A total contribution of £135,000 is requested for a Council Public Art public/community arts project to be delivered in a tri-phased manner (£45,000 per phase) in conjunction with the phased period of planned development to 2016 to include visual arts workshops, writing/poetry workshops and performing/street arts/music events. Powys County See Powys CC Board response to the scheme from Council Social their meeting of 7th December, 2009 (attached as Services Appendix A to this report) Rural Housing Enabler 22nd Apr 2010 One of the most important considerations of the work of rural housing enablers is to ensure that affordable housing, especially within a national park, is sympathetic to its surroundings. I readily accept that we need to provide more housing and I can see that the opportunity to provide a large number of houses on a designated brown field site is a tempting one. However, I have grave misgivings that community considerations are likely to be over- looked.
Therefore, if the development of what I believe to be 200 new homes over a 15 year period does go ahead, my real concern is about the requirement to provide affordable housing as part of the development. I am constantly reminded that planners need to make decisions on sound evidence and on this occasion it is very convenient that Powys CC have just completed their Local Housing Market Assessment, which identifies that 48% of houses developed need to be affordable.
Ordinarily, I would without question urge that this housing be provided on site and be pepper potted throughout the development. However, in this instance I see on-site provision of affordable housing having a detrimental effect on the National Park, not just in south Powys, but in north Monmouthshire as well. The housing need identified in The Vale of Grwyney Local Housing Needs Survey conducted in
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March 2005 was 25. This number of affordable homes really needs to be spread between the three settlements in the area, Llanbedr, Llangenny and Glangrwyney.
I feel that there are two directions which the BBNPA could take if they are to give due consideration to the future sustainability of the National Park: either insist on small numbers of affordable homes on site and take an appropriate commuted sum to fund development in other rural areas of the National Park; or limit the size of the development to a much smaller number so that on- site provision which reflects the latest evidence of local need can be met Vale Of Grwyney 21st Jul 2009 The application was discussed at the monthly Community Council meeting and due to the complexity of the application Councillors would like to apply for an extension of time allowed for comments. Vale Of Grwyney 24th Jul 2009 We are officially requesting an extension and would Community Council like BBNPA to come back with a reasonable response date considering the size of the application. We would be grateful if you can inform us of any reports that you receive regarding this application so that we can arrange to view them. Also, can we express that we would not be very happy with the public exhibition being held on the developer's property. A more suitable venue would be Glangrwyney Village Hall. Vale Of Grwyney 26th Aug 2009 This is the formal objection to the application Community Council consisting of a report from Peter Draper Associates on our behalf and an additional report from the Vale of Grwyney Community Council.
Peter Draper Associates - it is an indictment of the current UK Planning legislation that potentially affected parties have such little time in which to respond to major developments, there may have been limited opportunity for the allocation to be examined adequately and justifiably, it is difficult to see how the proposal aligns with UDP aims, objectives, strategies and policies. The need and justification for the scheme is highly questionable, the military training camp will be retained and is a 'strange bedfellow' for the scheme, whether the local affordable housing provision is 20% or 30%
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does not make any difference and no real advantage is gained, existing or proposed employment sites in the larger settlements might or would become compromised in the future, the care home is too far from community facilities, the combination of roads would introduce an alien urban feature into the parkland setting, the potential traffic movements are likely to be considerable and would have a serious impact on the A40 Trunk Road, the cycle path proposals needs clarification, there is no indication of how the phasing has been conceived. The application should be refused and the scale of development must be reduced appropriately.
Vale of Grwyney CC - concerned about the health and safety aspects of building a housing development adjacent to an active MoD training camp, the site is subject to flooding, the scheme will be detrimental to highway safety along the A40 and the Bailey Bridge between Glangrwyney and Gilwern, there are no facilities in the village, the local residents will not receive any compensation for the scheme, the local emergency services would not be able to cope with the development, they are concerned for future residents. The application is not viable and should be rejected
Vale Of Grwyney 29th Oct 2009 The Community Councillors comments specifically Community Council in relation to the planning obligations are as follows:
Renewable Energy Scheme. We understand that the boiler house on the site will be converted into a biomass energy plant which will provide 100% of the heating for the development and that it would be difficult to request that the developer fund/provide heating for a wider community. The Community Council are looking for a hydro scheme (renewable energy) rather than asking for funds/provision of heating for the community.
Glangrwyney Village Hall. The Village Hall Committee will discuss internal enhancement proposals/quotation and report back to the Community Council who in turn will report back to BBNPA for further discussion with the developer.
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Crickhowell Tennis Club. We noted the letter from Boyer Planning to the BBNPA. It is unclear from this letter who is actually paying for the building of the tennis courts. The Community Council's view is that Crickhowell Tennis Club is a private club and in effect this is a private agreement between the developer and the club, and as a result this should certainly not be considered as a planning obligation. Also as you are aware the siting of the courts will be on a flood plain and we question what the BBNPA planning protocol would be on building tennis courts, along with floodlights, on a floodplain?
The next meeting of the Community Council is scheduled for Monday 16 November and we would be very grateful to receive an update on the outline planning application.
Vale Of Grwyney 12th Oct 2009 The V of GCC have requested that the BBNPA Community Council discuss the following alternative planning obligations on their behalf with the developer: A budget to provide either - 1. Policing in the Community 2. Renewable energy scheme 3. An improved sewage scheme for Glangrwyney. 4. Glangrwney Village Hall Committee confirmed that they do not want a big extension that would take away valuable car parking space. They would, however, like an enhancement internally of kitchen/toilets, etc plus an annual maintenance cover.
It goes without saying that the Community Council have and will continue to object to the planning application but if the application is permitted and the development goes ahead we would like to ensure that the Community receives some sort of compensation for the imposition.
Vale Of Grwyney 9th Nov 2009 The Community Councillors comments specifically Community Council in relation to the planning obligations are as follows:
Renewable Energy Scheme. We understand that the boiler house on the site will be converted into a biomass energy plant which will provide 100% of the
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heating for the development and that it would be difficult to request that the developer fund/provide heating for a wider community. The Community Council are looking for a hydro scheme (renewable energy) rather than asking for funds/provision of heating for the community.
Glangrwyney Village Hall. The Village Hall Committee will discuss internal enhancement proposals/quotations and report back to the Community Council who in turn will report back to BBNPA for further discussion with the developer.
Crickhowell Tennis Club. We noted the letter from Boyer Planning to the BBNPA. It is unclear from this letter who is actually paying for the building of the tennis courts. The Community Council's view is that Crickhowell Tennis Club is a private club and in effect this is a private agreement between the developer and the club, and as a result this should certainly not be considered as a planning obligation. Also, as you are aware the siting of the courts will be on a flood plain and we question what the BBNPA planning protocol would be on building tennis courts, along with floodlights, on a floodplain?
The next meeting of the Community Council is scheduled for Monday 16 November and we would be very grateful to receive an update on the outline planning application. Vale Of Grwyney 1st Dec 2009 Our next Community Council meeting is scheduled Community Council for 21 December and to enable me to update the Councillors and the community it would be helpful to know whether all the information I requested is actually on your website and if not whether arrangements can be made to view this information prior to the meeting. Vale Of Grwyney 7th Feb 2010 We know that there are issues with Community Council sewage/drainage/site pollution/highways - to name a few - but we don't know if they have been resolved.
The next meeting of the Community Council is on Monday 15 February and we would very much appreciate a more in depth report in respect of this outline planning application. Also whether there is any indication of when it will be put to PAROW.
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Vale Of Grwyney 18th Feb 2010 Due to a lack of information and detail on the Community Council proposed Sewage Treatment Plant it is impossible to formulate a response. In order to be able to comment the Community Council need you provide information relating to the size of the proposed sewage treatment plant, what it is going to do, how is it going to operate and why it is on the floodplain.
Given that discussions have been taking place with other organisations since October we feel that it is only fair and reasonable that we are given sufficient time to seek expert opinion before expressing our views on something of this importance. The Community Council would like at least 28 days - and preferably longer - from receipt of the information that we have requested in order to submit our considered views.
Vale Of Grwyney 8th Mar 2010 We would appreciate a response to our letter on Community Council the matter of the proposed amendment in respect of the foul drainage.
The Councillors also asked me to bring to your attention our earlier communications regarding planning obligations. We understand that there is ongoing correspondence with the Chairman of the Village Hall Committee regarding renovations. However, the Community Council do not believe that a sum of money should be given to a private tennis club which is not a community benefit (the brief states a Sports Facility) and instead monies should be provided for an alternative which would benefit either the Vale of Grwyney or the village of Glangwryney, ie Policing in the Community Hydro scheme Improved/main sewage for the village of Glangrwyney
Vale Of Grwyney 14th Apr 2010 Outlined why the site should not be included in the Community Council Local Development Plan. They believe that the BBNPA want to ensure that the planning application is accepted by members before the LDP Deposit Plan is approved on 28th May so that is certain to be included in the LDP. There are still outstanding
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issues in respect of the Planning application that concern the Community Council such as the new proposal for an on-site sewage treatment facility and ongoing negotiations relating to planning obligations. They also state that they are going to officially complain to the Public Services Ombudsman for Wales and conclude by requesting that the outline planning application does not come before a PAROW meeting until candidate sites have been fairly and honestly assessed.
WAG Transport 9th Dec 2009 Would advise that the following conditions be Directorate included in any consent granted in respect of this application, in order to preserve the free flow and safety of the trunk road;
Prior to any works commencing on the development site full engineering details for the improved site access and pedestrian/cycleway shall be submitted and approved in writing by the LPA.
Prior to any works being commenced on site the access to the site and right turn lane facility shall be fully constructed to the written satisfaction of the LPA.
The pedestrian/cycleway detailed on the submitted drawings linking Crickhowell to Glangrwyney shall be fully submitted and approved in writing by the LPA.
CONTRIBUTORS Mrs K Makepeace, Ty Wen, Llangenny Russell Walker, Cwm Farm, Llangenny J.G And S McAdam, Duck Cottage, Glangrwyney Mrs G Shaw, The Chateau, Glangrwyney M Alexander, Glanffrwd, Llangenny W A J Shaw, The Chateau, Glangrwyney Irene Middleton, , Nicholas Bourne, Cardiff Bay, Cardiff Elizabeth Broyd, Teg Fan, Llangenny Mrs E Lusted, The Bungalow, Llangenny Mrs R Thomson, 35 Darren View, Crickhowell John Bult, , Steve Sharp, Crickhowell Tennis Club, Merryfields Dr Gerald J Protheroe, 26 Upper House Farm, Crickhowell
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David James, Rural Housing Enabler, 9 Nevill Street, Abergavenny Helen Marks, Dan-Y-Graig, Crickhowell Road D R Lewis, 2 Dan Y Gollen, Gills Avenue Mrs G L G Jones, Mill Brook Cottage, Llangenny Mr D Sharman, Millbrook Cottage, Llangenny M J Shaw, The Chateau, Glangrwyney E J Tucwell, 1 Brook Cottages, Glangrwyney Mr And Mrs J Chatfield, Priory Cottage, Old Abbey Place P A Bishop, Forge House, Glangrwyney Zoe Staniforth, 44 Martell Way, Crickhowell Mrs A Badham-Davies, 41 Martell Way, Crickhowell Mrs J Slater, 40 Martell Way, Cwrt-y-Gollen Mark Jones, 39 Martell Way, Crickhowell Mrs J Brown, 38 Martell Way, Crickhowell Mr And Mrs Barrett, 33 Martell Way, Glangrwyney Cllr John Morris, Graig Barn Farm, Llangenny Lane T E Davies, Sharuhen, Llangenny Road R And T Allen, Tyn-Y-Pwll, Llangenny D R Jones, The Old Mill, Llangenny Mr Davies, 39 Martell Way, Cwrt Y Gollen Kirsty Williams, 4 Watergate, Brecon Roger WIlliams, 4 Watergate, Brecon Mr R H Austin, Brick House, Church Lane Mr M A Reynolds, 15 Dan-Y-Gollen, Glangrwyney Janet Davies, 33 Belgrave Road, Abergavenny
NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY
Supporters Four letters in support of the development were received. The supporters felt that the new tennis courts would be used by many people and will provide a much needed social facility as well as satisfying the needs of the tennis community in Crickhowell. In addition to the above, the Secretary of Crickhowell Tennis Club has also confirmed the club’s support for the application noting that the existing tennis club is currently based on the south eastern edge of Crickhowell where the two courts are totally inadequate for the needs of the 200 plus members. He also confirms that the existing courts are open to the general public (as community courts) and that these will be retained when the club operates from the Cwrt y Gollen site. Additionally, the club has unsuccessfully applied for new courts at the existing site and this new facility will allow them to expand their coaching, training and competitive programmes whilst retaining and enhancing provision for social tennis. Finally it is stated that the new facilities are fully supported by both Tennis Wales and the Lawn Tennis Association as being one of the top three priority schemes in Wales.
Objectors Thirty six letters objecting to the development were received. Their objections can be
Page 46 of 100 ENCLOSURE 5 summarised as follows. It is felt that there is a lack of justification for the size of the development in the area. Objectors feel that this development would have a detrimental impact on the development. The objectors do not want such an extensive development in the area. The introduction of 200 homes in such a small area has residents concerned about the impact on the carbon footprint of the area. Objectors are concerned over the close proximity of the development to the MOD site at Cwrt y Gollen. They believe that there are health and safety issues over 200 homes being built in such close proximity. It is felt that there are inadequate local amenities in the local area to support a development of this size. It is believed that there is already a lack of capacity in the local schools and therefore they will not be able to deal with the extra population. There are many concerns over the impact of a possible 2,200 extra car movements a day along the A40 and over on to the A465. It is felt that the A40 is already a busy and dangerous road and is inadequate for an additional 200 homes. There are concerns over traffic using the old Bailey Bridge towards the Heads of the Valleys Road A465, as this is also an inadequate road for the possible amounts of traffic movements. There are poor public transport links available therefore using a private car will be the only viable way to travel. Residents of Martell Way object due to the possibility of a link through Martell Way into the proposed development. Martell Way is a private unadopted road where the residents pay an annual charge for the upkeep of all shared areas. They believe that the proposed link would create a rise in their annual fee as more people will use their road as a “rat run”. A main concern for the objectors is the fact that the entrance to the site and the proposed development site is prone to flooding. This combined with inadequate sewage and drainage facilities are key reasons why local residents are objecting. The proposal does not take into account the lack of amenities in the local area and therefore there is inadequate provision of facilities as part of the development. Also, it is felt that there is already a more than adequate provision for pre-school nurseries and nursing homes available in the area and therefore they are unnecessary elements if the scheme. Objectors believe that a development of this size should not be supported by the Unitary Development Plan as it is a non-statutory document and that the development brief fails to represent the wishes of the local and wider communities. In addition to the above, the following MP’s/AM’s have commented on the application: Nick Bourne AM – “I am writing in support of the objections made by Vale of Grwyney Community Council regarding Cwrt Y Gollen. I have for sometime following this application and warned of the implication to the surrounding villages and supporting infrastructure. I believe that the proposal is too extensive for the supporting infrastructure, schools, roads, hospitals and council services to accommodate. This is a fundamental shift in community boundaries and should be contrary to all planning policies in any National Park authority. I hope very much that this application does not progress any further.” Kirsty Williams AM – “I wish to object to the proposal on the following grounds: Firstly, the size of the proposed development is completely disproportionate to the size
Page 47 of 100 ENCLOSURE 5 of the existing village. Secondly, I believe the concentration of such a large proportion of housing identified as being needed in just one area is detrimental to other parts of the park. This is especially worrying given work carried out by Powys County Council regarding housing needs. Their analysis demonstrates no need for open market housing on this scale. Such a large development possess large scale increases in traffic. Given the proposal for all traffic to use a single entrance/exit onto an already difficult stretch of the A40, I believe this development posses an unacceptable risk. It should also be noted that the entrance/exit to the site as well as part of the site itself falls within the TAN 15 flooding map and therefore there should be a presumption against development. The ability to evacuate the site during a flooding incident will surely be compromised. Given the development proposals to accommodate potentially vulnerable groups i.e. the elderly and preschool children, I believe the current proposals run contrary to the technical advice note. I trust that these considerations will inform part of the decision making process and that this unsuitable development will be rejected by the authority.” Roger Williams MP – “I write to object to the proposals for housing development at Cwrt-y-Gollen on the following grounds:- 1) The scale of the proposed development is completely disproportionate to the size of the existing village – if the proposed 200 dwellings are constructed it will effectively quadruple the size of the current village, an unprecedented expansion, especially within a National Park. 2) Following from 1) above, the concentration of such a large proportion of the Brecon Beacons National Park area’s identified housing needed for the Unitary Development Plan period in just one small area of the Park is bound to be detrimental to the rest of the Park area, effectively preventing housing development in other area of the Park where need has been identified and not yet met – this is especially pertinent given the housing needs analysis work carried out by Powys CC over recent years, which actually demonstrated no need for open market housing development on this scale in this area. 3) A development of the proposed scale is bound to generate large increases in vehicle traffic and the proposal for all traffic to use a single entrance/exit onto an already very busy stretch of the A40 Trunk Road poses unacceptable risks, in my view. 4) The entrance/exit to the site, and part of the site itself, falls within the TAN 15 flooding map, which should indicate a presumption against development, unless the applicant can clearly demonstrate that the flood risk is not as indicated on the TAN 15 flood risk map or can be effectively mitigated. 5) Following from 4) above, the development proposals include accommodation for potentially vulnerable groups i.e. the elderly and preschool children, strengthening my view that the current proposals run contrary to TAN 15. 6) The proposed development would be sited about two miles from any public services or shops, thereby surely sunning contrary to the BBNP’s sustainability strategies and criteria when considering development proposals. I hope that the above points will be considered during the decision-making process and that this unsuitable proposal will be rejected by the planning authority. Given the scale of the proposal, I would ask that the Park Authority allow further representations to be made after the end of the formal consultation process, as consideration of the application develops over the coming months.”
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RELEVANT POLICIES
LPCL10: “Archaeology and cultural features.” (Local Plan 1999) LPC1: “Community facilities and services.” (Local Plan 1999) LPR2: “National Park road hierarchy.” (Local Plan 1999) LPR6: “Estate roads and access to properties.” (Local Plan 1999) LPR11: “Public transport.” (Local Plan 1999) LPR12: “Cycling and walking.” (Local Plan 1999) P1P1: “Part 1 Policy 1 Qualities of the Park” (Unitary Development Plan 2007) P1P2: “Part 1 Policy 2 Biodiversity and Earth” (Unitary Development Plan 2007) P1P4: “Part 1 Policy 4 Access to Opportunities” (Unitary Development Plan 2007) P1P5: “Part 1 Policy 5 Sustainable Use of Land” (Unitary Development Plan 2007) P1P9: “Part 1 Policy 9 Avoiding Wastage” (Unitary Development Plan 2007) P1P11: “Part 1 Policy 11 Access to Employment” (Unitary Development Plan 2007) G3: “Development in the National Park” (Unitary Development Plan 2007) G4: “Development Affecting Trees” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) Q1: “Sites of European Importance” (Unitary Development Plan 2007) Q3: “Sites of Importance Nature Conservation” (Unitary Development Plan 2007) Q4: “Protected and Important Wild Species” (Unitary Development Plan 2007) Q11: “Sites of Archaeological Importance” (Unitary Development Plan 2007) Q12: “Archaeological Evaluation” (Unitary Development Plan 2007) Q20: “Development relating to the enjoyment of” (Unitary Development Plan 2007) S11: “Biomass Energy” (Unitary Development Plan 2007) S15: “Reuse and Recycling of Building Waste” (Unitary Development Plan 2007) ES28: “Provision of Open Space in Housing Sites” (Unitary Development Plan 2007) ES29: “Enabling Affordable Housing” (Unitary Development Plan 2007) ES32: “Retention of Existing Community Faciliti” (Unitary Development Plan 2007) ES33: “New or Extended Community Facilities” (Unitary Development Plan 2007) ES33: “New or Extended Community Facilities” (Unitary Development Plan 2007) ES35: “Design and Maintenance of Roads” (Unitary Development Plan 2007) ES38: “Road Layouts and Open Spaces” (Unitary Development Plan 2007) ES43: “Improving Public Transport Facilities” (Unitary Development Plan 2007) ES44: “Provision for Walking” (Unitary Development Plan 2007) ES45: “Provision for Cycling” (Unitary Development Plan 2007) ES47: “Water Sewage Supply New Developments” (Unitary Development Plan 2007) ES48: “Use of Non Mains Sewerage Solutions” (Unitary Development Plan 2007) H2: “Development and the Risk of Flooding” (Unitary Development Plan 2007) H3: “Reducing the Risk of Flooding” (Unitary Development Plan 2007) SS5: “Allocation of Previously Developed Land” (Unitary Development Plan 2007) LPG3: “Development in the National Park.” (Local Plan 1999) LPG4: “Development in the National Park.” (Local Plan 1999) LPG5: “Development in the National Park.” (Local Plan 1999) LPG6: “Development in the National Park.” (Local Plan 1999) LPG7: “Design and energy conservation.” (Local Plan 1999)
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LPG8: “Accessibility and safety.” (Local Plan 1999) LPG10: “Development and flood risks.” (Local Plan 1999) LPCL3: “Wildlife and landforms.” (Local Plan 1999) LPCL5: “Wildlife and landforms.” (Local Plan 1999) LPCL6: “Wildlife and landforms.” (Local Plan 1999) LPCL8: “Archaeology and cultural features.” (Local Plan 1999)
PLANNING HISTORY App Ref Description Decision Date
09/02984/FUL Construction of replacement Application 26th Aug 2009 indoor firing range Permitted
09/03091/TREES Reduce overall size by up to Application 23rd Jun 2009 20% of 7 No. Plane trees Permitted covered by TPO's (T78, T80, T82, T84, T85, T86 & T87)
OFFICER’S REPORT
This application is being reported to Members of the Planning, Access and Rights of Way Committee as it is a major strategic scheme within the National Park and as it has been the subject of a number of objections from neighbours, the Town/Community Councils, the local County Councillor and AM’s and MP’s.
INTRODUCTION
This application seeks Outline planning permission for the redevelopment of the former army camp at Cwrt-y-Gollen between Crickhowell and Glangrwyney for a comprehensive mixed use development to comprise of residential development (Use Class C3), employment provision (B1), a pre-school day nursery (D1), a residential care home (C2), open space provision including allotments, community orchard, sports provision and associated infrastructure works. The application was registered as valid on 10th July 2009, it has been advertised in the Abergavenny Chronicle and 5 No. site notices were erected at various points within the vicinity of the site. The site area is 24.80 Ha. All detailed planning matters are reserved for future approval apart from Access although an illustrative master plan and a Design and Access Statement have been provided together with indicative parameters to demonstrate the capacity and potential of the site in line with the approved Development Brief.
The application site is located within the Vale of Grwyney community and is outside the settlement development boundary of Glangrwyney as defined by the Brecon Beacons National Park Unitary Development Plan 2007 (‘the UDP’) and Local Plan 1999 (‘the Local Plan’). However, the site is defined as ‘Previously Developed Land Allocated for Mixed Use’ in the UDP under Policy SS5 of the UDP.
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This policy states that the details of the scheme are to be determined by a development brief based on the development principles and suggested that the site could be developed as a mixed use scheme with residential, employment and recreational uses within a parkland setting.
The development principles for the site were set in the UDP as follows:
“Cwrt Y Gollen, Glangrwyney
Site Description
3.1 The site comprises the major part of a former army camp in an area of otherwise open countryside in the Vale of Grwyney between Glangrwyney and Crickhowell . The site is generally flat, with the south western half, adjoining the main road, consisting mainly of level grass sward with scattered trees and tree groups. This area could broadly be described as ‘parkland’, though it does include one or two isolated buildings and the former parade ground – a large area of tarmac hard standing. The eastern part of the site is occupied by two separate groups of 1, 2 and 3 storey 1960’s buildings, remnants of its former use, separated by a ‘tongue’ of open grassland extending to the woodland which borders the rear (north-eastern) boundary.
3.2 To the southwest the site fronts the A40 trunk road which separates the site from the flat, open farmland of the river Usk floodplain. To the northeast a wooded escarpment rises to higher ground beyond. To the south east the site is separated from the village a Glangrwyney by an area of housing formerly part of the camp, and the Grwyne Fawr river. To the north and northwest is an area of slightly elevated ground still in MOD ownership, occupied by scattered houses and other buildings set amongst groups of trees and grassland.
General Objectives
3.3 The two primary objectives are; • to enable redevelopment of the former army camp without compromising the open parkland setting and • to ensure that any development relates to and benefits the existing settlements of Crickhowell and Glangrwyney and the community of the Vale of Grwyney
Principal Development Constraints 3.4 • Building development to be restricted broadly to those areas in the eastern and northern parts of the site already built upon. • The eastern areas to be mainly housing with associated community and possibly educational facilities. The provision of live/work units or residential institutions
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(Class C2) would also be appropriate. The number of dwellings will be determined though consultation at the detailed development brief stage. • The northern area to be developed for B1 commercial employment uses. Other employment generating uses such as education/training facilities or D2 leisure related businesses which could be linked to recreational use of the open space in the western section of the site, may be appropriate. The area might also be a suitable site for a community waste recycling facility. • The open parkland areas, including the tongue of open land between the two building groups, to remain open for recreational/amenity purposes, and existing isolated buildings within that area demolished unless, in individual instances, a strong case can be made for retention/adaptation for functional reasons. • No building to be carried out on those parts of the site defined by the Environment Agency as at risk of flooding (See map. Zone B and C2) .
Site Specific Requirements
Housing
3.5 • Housing layout to be designed as far as possible around existing trees with lower density of building towards western edge to soften visual impact • A range of sizes and house-types needed, including detached, semi-detached, terraces and apartments • Minimum of 20% of properties to be affordable housing. • Consideration to be given to inclusion of some home/work units
Landscape, Open Space and Play Provision
3.6 • A full, detailed tree/shrub survey to be carried out as part of detailed design brief for the site • Existing trees and shrubs to be retained and protected wherever possible as integral part of any development scheme • In addition a substantial belt of new planting, incorporating any existing trees and shrubs, will be required between the developed areas and the open space, in order to screen the buildings from the A40 and reduce the landscape impact of the site from high ground in the area (see map). • Open space/children’s play areas to be provided within the housing and co- ordinated with the provision of more extensive recreational facilities in the western part of the site, all in accordance with N.P.F.A standards. • The site and surroundings of the standing stone (Scheduled Ancient Monument) to be enhanced as a feature at the entrance to the site.
Access and Transport
3.7
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• Vehicular access to be restricted to the existing access point onto the A40, modified and improved to provide better visibility and pedestrian safety island/s. • Provision of pedestrian/cycle link between the housing areas and Glangrwyney village via existing housing (Martell Way), and also across, and linking with the Grwyne Fawr river corridor. Links also to be formed/improved between the site and public footpaths in the area. • Provision of a pedestrian/cycle link to Crickhowell.
Education and Community
3.8 • The developer will be expected to demonstrate how the development will relate spatially and socially to the existing settlements of Crickhowell and Glangrwyney and the community of the Vale of Grwyney • In particular contribution to local education/community facilities will be required either by new on-site provision or contribution to improvement of existing facilities in the Vale of Grwyney and Glangrwyney Village. • The possibility of providing a community waste collection/recycling facility within the commercial zone, will need to be explored.
Utilities/Drainage/Sewerage Constraints
Development of this site is constrained by problems with the public sewerage network for which no Regulatory improvements are planned under Dwr Cymru Welsh Water current Capital Investment Programme (April 2000 March 2005). Should this site be promoted for development in advance of DCWW investment developers may be required to fund the essential infrastructure improvements.”
The Development Principles were a starting point for a more detailed Development Brief to be approved by the National Park Authority as a basis for the eventual submission of a planning application. The National Park Authority set up a Steering Group to advise in the production of a development brief for Cwrt y Gollen by the site owners, Crickhowell Estates Ltd.. By bringing together representatives from all the key authorities and stakeholders, the aim was to work together to achieve an agreed vision for the redevelopment of the site. Membership of the Steering Group included: • local community councillors - from Vale of Grwyney Community Council and Crickhowell Town Council; • County Councillors from Powys CC and Monmouthshire CC; • the landowners and consultants; • Members of the National Park Authority; • Officers of the National Park Authority; and, • Officers of Powys County Council and Monmouthshire County Borough Council
In addition, the Steering Group set up three Sub-Groups to look more closely at: • Design Considerations;
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• Facilities and Services; • Community Impact and Enhancement.
Membership of the Sub-Groups included representatives from agencies and organisations with specific expertise as well as local community interests. On the 5th of September 2008 the National Park Authority approved a development brief for Cwrt y Gollen (see Appendix B attached to this report). Then the emerging design proposals were presented to the Design Commission for Wales in October 2008 who generally endorsed the proposals as an acceptable response to the site and brief. It was originally intended to hold an exhibition following the submission of the application in order to inform the local community of the latest proposals but this was cancelled due to poor weather.
RELEVANT HISTORY
Although there are a large number of historical planning applications relating to the wider Cwrt y Gollen area and the Military Training Camp, only the ones outlined above relate closely to the application site and the proposal before members. More specifically, the application for the new indoor firing range on the retained MOD land to the north of the application site was approved by Members subject to a number of conditions that would limit its impact on existing and proposed residential properties in the immediate vicinity.
For example conditions 4, 5 and 6 state:
“The hours during which construction work on the development hereby permitted may take place shall be restricted to between the hours of 0930am and 1630pm Mondays to Fridays. No construction work shall take place on Saturdays, Sundays, Bank Holidays and Public Holidays”,
“Shooting shall only take place between 0700hrs and 2130hrs on Mondays, Tuesdays, Wednesdays, Thursdays, Fridays and Saturdays and between 0900hrs and 1630hrs on Sundays”, and,
“The premises shall be used for military fire arms training and for no other purpose.”
In addition, a Grampian condition is attached to this recommendation to ensure that the indoor firing range is implemented prior to the beneficial occupation of the Cwrt-y- Gollen development.
With regard to the two applications to provide bespoke bat roosts to accommodate local bat population, the former ammo store and the former gas chamber were identified as being appropriate for this purpose due to their simple design and location. The former buildings were considered suitable for adoption by roosting bats as they were located near foraging and commuting habitats within the nearby woodland area.
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Evidence of 5 bat roosts in 5 buildings was found within the Cwrt-y-Gollen site. Of these 5 buildings, only the gas chamber will be retained (and re-developed as a purpose- built bat roost); the others are to be demolished after the new bat roosts have been constructed. The ammo store (not previously a bat roost) was offered as part of the compensation for roosts that will be lost as a result of demolition. Therefore, these applications are linked to the redevelopment of the site as the demolition of the existing bat roosts could not go ahead until alternative accommodation was provided.
SITE DESCRIPTION
The former MOD site at Cwrt y Gollen comprises 24.8 Ha of land and is located in the Usk Valley (close to the River Usk Special Area of Conservation) to the north-east of the village of Glangrwyney, approximately 1.5km south-east of Crickhowell and 5km west of Abergavenny. It is accessed via and bounded by the A40 Trunk Road to the south-west which separates the site from the flat, open farmland of the river Usk floodplain. The western end of the site and the main entrance lies within the zone C2 flood plain, an area of flood plain without significant flood defence infrastructure as identified in the TAN15 Development Advice Maps.
To the north-west and north-east of the site it is bounded by an area of land (Territorial Army training camp, a rifle range and a hang gliding centre), houses retained by the MOD and the southern edge of Rheld Wood. To the east, the site backs onto existing residential estates at Dan-y-Gollen and Martell Way with the Grwyne Fawr (tributary to the River Usk) slightly further to the east.
In topographical terms, the site is generally flat and it sustains a significant number of mature parkland trees and open space (including the former Parade Ground). To the northeast a wooded escarpment rises to higher ground beyond. It is proposed to retain the museum building close to the main entrance into the site, the gymnasium building, the existing boiler house, the cricket pavilion and the ammo store and gas chamber. A Scheduled Ancient Monument known as Cwrt-y-Gollen Standing Stone (BR113) is also adjacent to the main entrance into the site.
PROPOSAL
The Outline planning application relates to the comprehensive mixed use redevelopment of the site. In support of the application the following documents have been submitted: 1. Design and Access Statement 2. Statement of Community Involvement 3. Environmental Statement (inc. Main Text, Technical Appendices and Non Technical Summary 4. Flood Risk Assessment 5. Transport Assessment inc. framework Travel Plan
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6. Tree Survey & Tree Felling Licence Plan 7. Archaeological Assessment 8. Ground Conditions Report 9. Energy and Sustainability Statement 10. Air Quality Assessment 11. Lighting Assessment
Whilst all matters apart from access are reserved for future approval the applicant has provided an illustrative master plan and set out the intended uses on the site. The elements of the scheme can be summarised as follows:
Residential Development
The application includes residential development for approximately 200 homes - 30% of which are to be affordable housing which equates to approximately 60 units across the whole site. The residential element of the scheme equates to approximately 7 Ha and is sited to the eastern end of the site as a natural extension to the existing residential estates at Dan-y-Gollen and Martell Way.
Whilst the exact number and composition of housing types will be decided at the detailed Reserved Matters stage, it is indicated that the housing element of the scheme will comprise a mixture of 2 bed flats and 2, 3, 4 and 5 bed houses (including up to 12 live work units).
Building heights will range from 2 to 2.5 to 3 storeys and the site will include a range of terraced, semi-detached and detached properties and blocks of flats. The indicative average density of 32 dwellings per hectare is consistent with the development brief which advises a density of between 30-50dph with a requirement for the overall density not to exceed 40dph. The residential development will achieve Code for Sustainable Homes Level 4.
The scheme will include three phases and each phase will include a mixture of house types and an equal percentage of affordable housing.
Commercial Development
To the north-western end of the site it is proposed to develop a courtyard style employment area of approximately 1 Ha consisting mainly of offices/light industrial units within use class B1. The buildings will not exceed 2 storeys providing up to 30,000 sq. ft. of commercial floorspace. In addition to the new floorpsace it is proposed to convert the museum building at the entrance into the site to B1 employment use. The new build project will be constructed to meet BREEAM (British Research Establishments Environmental Assessment Method) Excellent standard (the five different ratings are Pass, Good, Very Good, Excellent and Outstanding).
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Residential Care Home
The indicative master plan illustrates a 3 storey private residential care home set within the residential area comprising 5,000 sq. ft. The facility would provide approximately 50 beds and would potentially employ between 10 and 20 part time and permanent staff.
Pre-School Day Nursery
A pre-school day nursery facility will be located close to the housing zone. The single storey building will provide approximately 1,500 sq. ft. of space as well as a small external area. The applicant has established strong interest from a private operator who already runs a business at Llanover Business Centre to the south of Abergavenny.
Open space
The development will provide 16.1 Ha of open space comprising of the following elements: - parkland (12.1 Ha) including the former Parade Ground, - a new tennis club on the site of the former cricket pitch and pavilion as an extension to the Crickhowell Tennis Club’s existing facilities in Crickhowell with an initial 4 No. hard courts and a further 2 grass courts at some time in the future (2 Ha), - retention of the mature woodland (2 Ha) to form a barrier between the MOD uses and the development and to encourage foraging by bats, - a community allotment and orchard, - three Local Areas of Play (LAP) and one Local Equipped Area of Play (LEAP) close to the residential area, and, - Sustainable drainage features such as ponds and swales.
Retention/renovation of the Gymnasium for community uses/clubs/associations
The applicant has yet to secure a local community group (e.g. Crickhowell Football Club) to take control of the facility but the developer will make it available for a period of 2 years following commencement of the residential development of the scheme.
Access Infrastructure Improvements
The existing access junction off the A40 is to be improved through the provision of kerbed refuges, anti-skid surfacing, additional street lighting and a visibility splay of 2.4m x 215m. It is also proposed to upgrade the existing footpath alongside the A40 between the site and Crickhowell to a specification that allows a combined footway/cycleway. The Mid Wales Trunk Road Agency has confirmed that they wish the works to be carried out through a S.278 agreement with the works being funded by the developer. It is also proposed to upgrade the existing bus stops south of Dan-y-Gollen and provide
Page 57 of 100 ENCLOSURE 5 a second stop at the site entrance.
The layout could also allow for a circular bus link with possible stops at the employment courtyard and the residential area. It is also proposed to provide a shared cycle/footway (together with an emergency egress point in the event of flooding blocking the main entrance) to link the site to Glangrwyney.
Biomass Energy Plant
The existing boiler house is proposed to be converted into a biomass energy plant. The District Heating System will produce 100% of the heating demand from the development. It will be fuelled by woodchip sourced from local forests.
Phasing of the Development
The development will be delivered over three separate phases over a period of 7 years – phase 1 will include approximately 71 residential units, 1,850 sq. m. of B1 floorspace, the residential care home and the pre-school day nursery; phase 2 will include another 70 residential units, and 1,150 sq. m. of B1 floorspace and the final phase includes the remaining 59 residential dwellings.
APPRAISAL
Following statutory adoption of the Brecon Beacons National Park Local Plan 1999 (hereinafter called ‘the Local Plan’), work on the Brecon Beacons National Park Unitary Development Plan (hereinafter called ‘the UDP’) commenced in 2000. The UDP was subject to all the statutory consultations and procedures associated with the preparation of development plans, including a local inquiry and an Inspector’s report.
The Brecon Beacons National Park as Local Planning Authority received a direction from the Welsh Assembly Government under Section 17(1) of the Town and Country Planning Act 1990 (as amended) in relation to the safeguarding of sand and gravel in the National Park. The Authority resolved not to comply with the WAG direction to modify the UDP as it was not considered that the quality of the resource had been adequately established or that the environmental constraints relating to the sites had been sufficiently considered. The UDP was subsequently approved by the Authority for development control purposes in March 2007 and sets out the policies and proposals to guide development in this area from 2001 to 2016 and beyond. As a point of clarification, the direction from the WAG relates solely to sand and gravel issues and does not relate to any matters raised in this application.
Whilst the adopted Local Plan and its associated Structure Plans remain the formal statutory policy framework for the area, the UDP provides a more up-to-date and relevant planning framework in line with current National Planning Policy. Planning Policy Wales advises that the weight to be attached to emerging plans will increase as successive stages are reached.
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For these reasons, the Authority has determined to afford greater weight to the UDP in the determination of this planning application than the statutory documents listed above. However to clarify the position of Cwrt Y Gollen in relation to the Local Plan, the site is not included in the Local Plan. The Public Local Inquiry was held into objections to the Local Plan in 1997 and it was adopted in May 1999. Cwrt Y Gollen was sold by the Ministry of Defence in 2000. The NPA would therefore not have considered it available for inclusion within the Local Plan. The UDP is afforded greater weight in the determination of planning applications, however in terms of the Local Plan the proposal is technically a departure and on this basis the NPA has advertised the application as a technical departure to the Local Plan (1999) and will notify WAG in accordance with the relevant procedures.
The proposal relates to an allocated site within the UDP and will not affect the Public Rights of Way that are in close proximity to the site. Therefore, this application is considered against the Brecon Beacons National Park Authority Unitary Development Plan and BBNPA Local Plan (adopted 1999) policies as listed above.
In recommending this application, the Authority has also considered the comments made by statutory consultees and other interested parties and the following national guidance:
• Planning Policy Wales (PPW, 2002) • Ministerial Interim Planning Policy Statement (MIPPS) 02/2009 – Transport (December, 2009) - This statement updates transport hierarchy and transport assessment guidance in chapter 8 of Planning Policy Wales. • Ministerial Interim Planning Policy Statement (MIPPS) 01/2009 – Planning for Sustainable Buildings (May, 2009) - This statement provides a new section 2.12 of Planning Policy Wales. This should be read with MIPPS (01/08) Planning for good design. • Ministerial Interim Planning Policy Statement (MIPPS) 01/2008 - on Good Design (February, 2008) - This statement updates section 2.9 (Promoting sustainability through good design) of Planning Policy Wales. . • Ministerial Interim Planning Policy Statement (MIPPS) 01/2006 - Housing (June, 2006) - This statement provides a revised Chapter 9 of 'Planning Policy Wales' (2002). • Ministerial Interim Planning Policy Statement 01/2005 – Planning for Renewable Energy (July, 2005) – This statement amends sections 12.8 to 12.10 of Planning Policy Wales using existing paragraph headings and numbers. • Welsh Office Circular 11/99 - Environmental Impact Assessment (EIA) • Welsh Office Circular 10/99 - Planning Requirement in respect of the Use of Non-Mains Sewerage incorporating Septic Tanks in New Development • Government circular 11/95 on the Use of Conditions in Planning Permissions • WAG Circular Letter 02/2008 Interim Guidance Affecting Outline and Reserved Matters Applications. • Welsh Office Circular 13/97 Planning Obligations
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• Technical Advice Note 1 (TAN 1) – Joint Housing Land Availability Studies (2005) • Technical Advice Note 2 (TAN 2) – Planning and Affordable Housing (2006) • Technical Advice Note 5 (TAN 5) – Nature Conservation and Planning (2009) • Technical Advice Note 8 (TAN 8) – Planning for Renewable Energy (July 2005) • Technical Advice Note 10 (TAN 10) – Tree Preservation Orders (1997) • Technical Advice Note 11 (TAN 11) – Noise (1997) • Technical Advice Note 12 (TAN12) – Design (2009) • Technical Advice Note 15 (TAN15) – Development and Flood Risk (2004) • Technical Advice Note 16 (TAN16) – Sport, Recreation and Open Space (2009 • Technical Advice Note 18 (TAN118) – Transport (2007)
In addition to the above, a draft Technical Advice Note 22 ‘Planning for Sustainable Buildings’, supporting the MIPPS (01/2009) has been published for public consultation.
Constraints
A constraint’s check is run on all applications in order to identify possible restrictions to development of a site. The check on this site has identified that the site includes a Scheduled Ancient Monument, it lies partially within zone C2 of the TAN 15 DAM maps and it is in close proximity to the River Usk Special Area of Conservation (SAC).
CONSIDERATION
Principle of Development
As outlined above the site is defined as ‘Previously Developed Land Allocated for Mixed Use’ in the UDP under Policy SS5. At the public inquiry into the UDP, the Inspector would have considered this site and any objections to the designation of the site put forward at that time. The site is also the subject of an approved development brief which was assessed against UDP policies and has formed the basis for this submission. Section 38(6) of the Town and Compulsory Purchase Act 2004 requires all development control decisions to be made in accordance with the development plan unless material considerations dictate otherwise.
Policy G3 of the UDP states that all proposals for development or change of use of land or buildings in the National Park must not have an unacceptable impact on, nor detract from or prevent the enjoyment of, the special qualities, natural beauty, wildlife and cultural heritage of the National Park. The scale, form, design, layout, density, intensity of use and use of materials of proposed developments will be appropriate to the surroundings and will maintain or enhance the quality and character of the Park’s landscape and built environment. Proposed development will be integrated into the landscape to the satisfaction of the NPA through planting and appropriate management of native species or through the construction of appropriate boundary features and proposal should not unacceptable impact the amenity of the area. The policy also states that proposed developments will have no unacceptable impact on traffic circulation or
Page 60 of 100 ENCLOSURE 5 highway safety and means of access and parking can be provided and consideration is given to those with limited mobility.
Of the thirteen criteria included under this policy, the most relevant in this instance is criteria ii) which allows developments outside the “white areas” of settlements that are covered by policies which enable development in the countryside, as is the case in this instance.
Therefore, the development can be considered to be acceptable in principle subject to detailed considerations which will be covered by future Reserved Matters applications. Most of the planning issues have been resolved through the site allocation and development brief processes. However, as some aspects of the application are still highly contentious in some quarters, it is considered that the main issues arising from the development should be covered in this report.
Primacy of the Unitary Development Plan
As stated above, for the purposes of section 70(2) of the Town and Country Planning Act 1990, and section 38(6) of the Planning and Compulsory Purchase Act 2004 the development plan for the Brecon Beacons National Park Authority is the Brecon Beacons National Park Local Plan, adopted in May 1999. In the Local Plan the site falls outside the nearest settlement boundary and the proposals constitute development in the countryside, which is the subject of strong policies of restraint.
However, as the Authority approved the use of the draft Brecon Beacons National Park Unitary Development Plan for development control purposes, Policy SS5 of the UDP allocates this site as an area of previously developed land for mixed use development, Appendix 9 of the UDP sets out the development principles applicable to the site and a development brief for the site was approved in September 2008.
Legal advice from Counsel has been sought on this issue and officers have been advised that although the Local Plan remains the statutory development plan, and will therefore constitute the starting point for development control decisions, it is entirely appropriate for the Authority to give greater weight to the more up to date policies of the UDP.
BBNPA sought advice from the Welsh Assembly Government on the 13th July 2009 to ascertain whether or not Local Development Plans gather any material weight during the course of the process towards adoption. WAG responded by stating that LDP’s do not carry any weight in planning terms until the document has been formally adopted. However, they advised BBNPA that if Officers were still unsure as to the status and materiality of the LDP in the consideration of applications they should seek their own legal advice.
Consequently, the advice of Counsel was sought as to whether it would be appropriate for the Authority to have regard to the provisions of the emerging LDP, as a material
Page 61 of 100 ENCLOSURE 5 consideration, in determining this planning application.
The LDP is still at the pre-deposit stage and there can be no guarantee that following independent examination that the strategy will remain unchanged and, on this basis officers have been advised that, whilst the emerging LDP may be capable of being a material consideration, as a generality, it would merit less weight than the UDP, which is still a relatively recent policy document. Furthermore, in relation to this application it is open to the Authority to give the emerging LDP little (if any) weight.
In the meantime, Members have attended a meeting to discuss the draft LDP (on the 28th May, 2010).
Therefore, whilst it is accepted that the emerging LDP can be deemed as being a material consideration in the determination of this application, Officers consider that it carries little weight when compared to the provisions of the UDP and the weight afforded to that document. The site at Cwrt-Y-Gollen was not considered a strategic site for the purposes of the Preferred Strategy, therefore officers do not consider that the determination of the application will prejudice the fundamental essence of the Strategy and emerging LDP. Furthermore, there have not been any fundamental changes in national policy, housing supply or employment needs which may change the amount of weight to be given to the Preferred Strategy.
In conclusion, Officers consider that Members should determine the application against the provisions of the UDP and not the emerging LDP or Preferred Strategy which can be properly deemed to carry little if any weight as a material consideration in relation to this application.
Affordable Housing
Policy ES29 of the UDP relates to the provision of affordable housing in housing developments and states that where there is evidence of a proven need, the NPA will seek to negotiate with developers the provision of an element of affordable housing on all housing sites of 3 or more dwellings. It also states that the element of affordable housing will be a minimum of 20% of the total number of dwellings to be provided on the whole site.
The development brief was the result of a number of meetings of the Steering Group and at that time it was considered that, based on housing need, the affordable housing provision on this site should be in excess of the minimum level of 20%. Therefore, it was decided that the site should provide a minimum of 30% for affordable housing. This was mainly due to the importance of the site for affordable housing supply and the period over which the scheme will be implemented (3 phases over 7 years). All affordable housing units are to be “pepper potted” around the site and across the three phases of development to ensure that they are fully integrated into the development.
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Indicatively, the 60 affordable units could comprise 30 No. 2 bedroom houses, 18 No. 2 bedroom flats and 12 No. 3 bedroom houses but this will be subject to more detailed discussions with the delivery Registered Social landlord at the Reserved Matters stage. In terms of phasing, it is intended that each phase will comprise approximately 20 AH units made up of 14 No. houses and 6 No. flats. The developer has indicated that 70% of the AH provision will be Social Rented properties with the remaining 30% being allocated for Low Cost Home Ownership. The exact mix and tenure will largely depend on the current needs of the area.
The Affordable Housing Officer has confirmed that his input to the Development Brief discussions was totally in line with the policies of the two authorities and in those terms he is still supportive of the requirement for one third AH as stipulated by that document. However, in their corporate response to the development, Powys CC have expressed their concerns that the site is too large and that it will effectively serve the whole housing need of several surrounding communities will be addressed on a single site. Powys CC are also concerned that, in order to find enough tenants to occupy approximately 60 affordable units on this site then a cascade system will need to be applied to achieve the required number of eligible occupants which will possibly result in “non-local” residents being housed here.
However, the requirement was passed by Members as part of the development brief and as the 60 affordable units will not all become available at the same time due to the scheme being split into three separate phases, it is considered that the allocation of units can be successfully managed by the Housing Authority over the next 7 years to ensure that local needs housing is satisfied in the first instance without immediate recourse to the cascade system.
Officers are of the opinion that as the proposed affordable provision is consistent with the requirements of the Development Brief both in terms of number and housing mix. Officers are also are satisfied that the gradual release of affordable units on a phased basis will fully satisfy the affordable housing needs in the surrounding area. As such, the proposal is considered to comply with policies G3, ES29 and SS5 of the Brecon Beacons National Park Unitary Development Plan and the Affordable Housing Guidance Note.
Visual Impact /Scale of Development
Part 1 Policy 1 ‘The Special Qualities of the National Park’ states that in the consideration of planning proposals, the NPA will give ‘great weight’ to conserving and enhancing the natural beauty, wildlife and cultural heritage of the National Park.
The impact of the proposal on the character of the surrounding countryside can be considered against the relevant criteria of policies G3 and G6 of the UDP. Although the site lies outside the ‘white areas’ of settlements, the principle of the future use of the land for a mixed development is established and one of the main considerations in this case is the potential visual impact of the proposal when viewed from surrounding
Page 63 of 100 ENCLOSURE 5 vantage points. The Countryside Council for Wales are satisfied with the viewpoints selected for the landscape appraisal and confirm that the site benefits from a relatively high degree of screening from woodland, trees and intervening slopes as well as the existing residential developments at Dan-y-Gollen and Martell Way.
The Authority approved development brief also highlights this as a major design consideration and the Design and Access Statement goes into this issue in great depth. Officers are of the opinion that whilst the detailed design of the scheme will be considered at the Reserved Matters stage, the location of the new build development in relatively unobtrusive locations set against the backdrop of the managed woodland together with the restrictions on the scale/materials of the buildings and the retention of trees and the parkland setting will effectively minimise the potential visual impact of the scheme to an acceptable level.
Therefore, it is considered that the proposal is appropriate in terms of scale and siting and is not likely to cause significant detriment to the surrounding landscape and environment. Officers are satisfied that the development will respond to the existing topography of the site and consider that the proposal will successfully comply with relevant policies G3i), G3iii), G3iv), G6i), G6ii) and G6iii) of the UDP.
Foul and Surface Water Drainage
Policies ES47 and ES48 of the UDP state that developments will only be permitted if adequate sewerage infrastructure exists or can be provided without detriment to water quality, nature conservation interests or residential amenity and the use of non-mains drainage will only be acceptable in exceptional circumstances.
It is accepted by all parties that the existing mains system cannot accommodate the development without substantial improvements to the sewerage system and the Waste Water Treatment Works. It is also acknowledged that, wherever possible, new development will connect to the public sewerage system. During the planning application process, meetings were held with the developer to try to promote the use of Sustainable Drainage measures to deal with surface water.
Dwr Cymru/Welsh Water suggested that in order to make the scheme a truly sustainable development in both foul and surface water terms they would welcome an exploration of alternatives to disrupting the existing system whilst undertaking the improvements and having to pump and treat the foul waste produced by the development. To this extent, an on-site waste water treatment system has been promoted by the developer but rather than it being a private package treatment plant, it will be adopted and maintained by DC/WW. This would then potentially become an exemplar sustainable drainage system that DC/WW could use to encourage other developers to follow suit.
Following a further meeting with the developer and the Environment Agency, DC/WW and the Countryside Council for Wales, it became apparent that a final decision could
Page 64 of 100 ENCLOSURE 5 not be made until DC/WW compared the costs and ongoing maintenance associated with the two options and further assessments were undertaken to establish the potential of the site to accommodate a waste water treatment works without any detrimental impact on the River Usk SAC and controlled waters linked to this site. Therefore it was decided that a suitably worded condition should be attached to any recommendation to allow further investigation into the two options for foul drainage.
The Countryside Council for Wales has referred to the provisions of the Habitats Regulations in their comments and have suggested that the LPA need to be satisfied that potential changes to the discharge from the sewage treatment facility is a matter that can be technically addressed and that resultant treated effluent discharges to the River Usk SAC will not reduce water quality. Whilst the developer has confirmed that there will be no direct discharge of either surface water run-off or treated foul water from the proposed scheme in to the River Usk or the Grwyne Fawr, Officers are satisfied that the wording of the condition is sufficient to ensure that neither of the two schemes will have a detrimental impact on the SAC. It is envisaged that further meetings will be required to finalise the proposals but the principle of the two options are accepted by all parties.
In terms of surface water disposal on site, the developer has submitted an indicative scheme for a sophisticated SuDS system including combined rainwater harvesting and soakaways individually for each residential unit, permeable surfacing on all courtyards and shared spaces, the implementation of swales and grass lined channels along the adopted internal access roads and the provision of infiltration basins, ponds/wetland. These measures are supported by DC/WW as they will reduce the amount of rainwater entering the combined sewer and the Environment Agency and CCW are agreeable to the scheme as it offers the opportunity for biodiversity enhancements through the creation of new habitats. The SuDS system will reduce the risk of flooding.
UDP Policy H3 applies to all development proposals and seeks to reduce to a minimum the rate of surface water runoff caused by new development. Additional policy to prevent pollution of groundwaters by development is found in policy G3 criteria xii) and in the desire for achieving more sustainable development and use of Sustainable Urban Drainage Systems SUDS.
It is considered that the drainage proposals are appropriate provided that the relevant information required by condition is submitted to and agreed by the LPA in consultation with statutory consultees. Officers are satisfied that the development will not be detrimental to the designated features of the River Usk SAC and therefore consider that the proposal will successfully comply with relevant policies G3 xii), H3, ES47 and ES48 of the UDP.
Archaeological Assessment/Scheduled Ancient Monument
An archaeological assessment was undertaken on this site and it concluded that it lies within an area of limited archaeological potential. However, the Clwyd Powys
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Archaeological Trust agree with the consultant that the present Army Camp should be recorded via a simple photographic and written measured survey prior to its demolition and that a watching brief is maintained on the initial stages of ground works adjacent to the potential Roman Road alignment following the A40 corridor.
In terms of the Scheduled Ancient Monument, there is potential for archaeological resources in the localised area around the standing stone. CADW accept the suggestion in the report that there is potential for beneficial works to improve the setting of the SAM and support the suggestion that a modest programme of works should be secured by planning condition. These works will include the removal of existing features such as the dilapidated fencing and redundant MOD features/street furniture, the provision of an interpretive plaque and replacement feature lighting.
Therefore, provided that the suggested conditions from CPAT and CADW are attached to the recommendation, Officers are of the opinion that the proposals will successfully comply with the provisions of Policies Q11 and Q12 of the UDP.
Biodiversity and Ecology
Section 40 of the Natural Environment and Rural Communities Act 2006 states that ‘every public authority must, in exercising its function, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity’. This involves having regard to the United Nations Environmental Programme Convention on Biological Diversity 1992. Public authority includes, among others, local planning authorities. Section 42 of the Act requires the National Assembly for Wales, in consultation with the Countryside Council for Wales, to publish a list of living organisms and types of habitat which are of principal importance for the purpose of conserving biodiversity.
Part 1 Policy 2 ‘Biodiversity and Earth Heritage’ states that development will only be allowed where there is no unacceptable impact on biodiversity and Earth heritage. Policy G3 (i) (iv) and policies Q3, Q4 and Q5 aim to protect important wild species and habitats through preventing development where relevant or ensuring adequate mitigation is provided which protects and enhances the environment. This can involve using native plant species for positive enhancement of habitat features. More specifically, policy Q4 states that proposals on land that supports protected species will be permitted if the need for the development outweighs the nature conservation importance of the site and the criteria for derogation are met; measures are provided to contribute to species and habitat conservation targets and the developer can prove that the disturbance of the species is kept to a minimum or alternative areas are provided to sustain at least the current levels of populations affected by the proposal.
The preamble to Policy Q5 states that ‘as a general principle, loss of biodiversity runs contrary to the aims and objectives of the UDP in terms of achieving sustainable development’. It goes on to affirm that in instances where material planning considerations in favour of development override biodiversity concerns, then it is
Page 66 of 100 ENCLOSURE 5 reasonable for the Authority to secure measures from the developer that minimise or offset any loss of habitat features, either through planning conditions or legal agreements.
As stated previously, the ecological survey identified that four buildings on the site showed clear evidence of bat activity with one building in particular being regularly used by at least one lesser horseshoe bat. In order to proceed with the demolition of these buildings, the developer has utilised two existing buildings on site (the former ammo store and the former gas chamber) to mitigate for the loss of the bat roosts and maintain the bat population in the area.
The development also proposes a bat friendly lighting scheme which will form the basis of a condition requiring further details and the potential for enhancement of features such as the woodland corridor between the designated replacement bat roosts and SuDS systems for foraging habitats.
CCW are satisfied that the two separate applications relating to the replacement bat roosts will provide adequate mitigation and have no objection to the scheme subject to additional bio-diversity enhancements.
Officers therefore do not consider that the proposals will have a significant detrimental adverse effect on the ecology and biodiversity of the area and are satisfied that enhancements and mitigation have been secured by previous consents on the site and can be further enhanced through appropriate conditions. As such, the proposal is considered to comply with policies G3 (i) (iv), Q1, Q3, and Q5 of the Brecon Beacons National Park Unitary Development Plan.
Flooding
The western end of the site and the main entrance into the site lies within the zone C2 flood plain, an area of flood plain without significant flood defence infrastructure as identified in the TAN15 Development Advice Maps. However, the application was accompanied by an Environment Agency approved Flood Consequences Assessment which concludes that the development should not increase the risk of fluvial or tidal flooding elsewhere provided that the risks and consequences of flooding are acceptably managed in accordance with advice contained in TAN 15 “Development and Flood Risk”. To prevent an increased risk of flooding, the EA have suggested a condition to be attached to any recommendation which relates to surface water management.
The development is located outside the flood zone. Although the main access road and junction lies within the flood zone, if that part of the site is flooded then an emergency access road/egress is accessible to the southern corner of the site.
Officers therefore consider that, provided that the proposed surface water regulation system is acceptable and implemented, the development is not at risk from flooding and will not exacerbate the risk of flooding on adjoining land. As such, the proposal is
Page 67 of 100 ENCLOSURE 5 considered to comply with policies H2 and H3 of the Brecon Beacons National Park Unitary Development Plan.
Noise
The Noise Assessment that formed part of the Environmental Statement that accompanied the application assessed the potential impact of the different elements of the scheme on the local noise environment. Whilst it was concluded that existing dwellings may suffer a loss of amenity due to noise levels during the construction period, mitigation measures are proposed to ensure that the noise emanating from the site is reduced to an acceptable level.
The estimated increases in traffic and everyday noise levels are well below the standard thresholds at which changes in noise become perceptible and a nuisance. The only source of unacceptable noise levels would have been the open air firing range adjacent to the site. However, as highlighted above, an application has been submitted and approved for the conversion of the facility into an indoor firing range and a Grampian condition will be attached to this report to ensure that no residential units are occupied until such time as the firing range scheme is implemented. The replacement of an existing outdoor firing range with an indoor firing range will, by its very nature, reduce the potential noise impact from this specific use. Officers have also noted that the Environmental Health Officer has no objections to the development. As such, it is considered that the proposal conforms to relevant policy G3v) of the UDP and the provisions of TAN 11 - Noise.
Open Space/Parkland/Recreation
As stated above, the development includes 16.1 Ha of open space comprising of parkland (12.1 Ha) including reinstating the former tarmaced Parade Ground to parkland, a new tennis club on the site of the former cricket pitch and pavilion as an extension to the Crickhowell Tennis Club’s existing facilities in Crickhowell with an initial 4 No. hard courts and a further 2 grass courts at some time in the future (2 Ha), the retention and management of the mature woodland (2 Ha) to form a barrier between the MOD uses and to encourage foraging by bats, a community allotment and orchard, three Local Areas of Play (LAP) and one Local Equipped Area of Play (LEAP) close to the residential area, the enhancement of the setting of the standing stone Scheduled Ancient Monument, a public art feature within the parkland area and a range of Sustainable drainage features such as ponds and swales.
With regard to the tennis facility, Crickhowell Tennis Club have been offered and have agreed terms for a 50 year lease on a peppercorn rent of £100 per annum for the Cricket pavilion and sufficient land for an initial scheme of 4 No. hard courts. The tennis club are in discussions with Sportslot about funding the development in addition to the £20,000 cash contribution from the developer. The signed Heads of Terms has been provided to supplement the application. The existing tennis club is a private club but the facilities are open to the public. In terms of subscription rates, juniors (under
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11) and under 18’s can join for £12 and £20 respectively and non-members can purchase day tickets at a cost of £5.
In terms of the gymnasium facility to be retained on site, the developers are actively seeking an operator to manage it. Whilst the tennis club and Powys CC have refused the offer, it is hoped that Crickhowell Football Club will take possession of it and make it available to other community groups/classes/functions etc. Should the developer be unable to secure the take up of the gymnasium in the short term, then they will undertake to make the gymnasium available for a period of 2 years following commencement of the residential element of the scheme. Alternative uses will be explored after this period has elapsed.
Although there is no scope for public access through Rheld Wood due to security issues associated with the MOD site, Officers consider that the extensive open space provision, sympathetic recreational facilities, retention of avenue and road frontage trees and the proposed management of the woodland are in keeping with context of the site and the aims and objectives of policies G3 i), iii), iv) and ES28 of the Brecon Beacons National Park Unitary Development Plan.
Sustainable Development
It is intended that the development will reach Code for Sustainable Homes Level 4 and a BREEAM rating of Excellent. This will be achieved through a combination of sustainable building measures such as passive solar design, the orientation of buildings, increased insulation values, the use of energy efficient technology including lighting, the use of environmentally friendly measures such as rainwater harvesting, the reuse of 10% of all materials and the implementation of sustainable drainage measures such as soakaways, infiltration basins and swales. These are all in accordance with advice contained in the Authority’s Guidance for Sustainable Design in the National Parks of Wales, TAN 8 – Planning for Renewable Energy and the draft TAN 22 – Planning for Sustainable Buildings.
Part 1 Policy 8 ‘Sustainable Energy’ states that in the consideration of renewable energy proposals, the development must be of a scale that is appropriate to its location and it can be accommodated without unacceptable impact on the qualities for which the National Park was designated.
The Assembly Government’s aim is to secure the strongest economic development policies to underpin growth and prosperity in Wales and recognise in this the importance of clean energy, both as an economic driver and to take forward the Assembly's commitment to sustainable development. As part of this, the Assembly Government intends to encourage the development of the renewables sector and promote energy efficiency and conservation in an economic, environmentally sound and socially acceptable way.
PPW also states that local planning authorities should facilitate the development of all
Page 69 of 100 ENCLOSURE 5 forms of renewable energy and energy efficiency and conservation measures where they are environmentally and socially acceptable.
The Ministerial Interim Planning Policy Statement 01/2005 (Planning for Renewable Energy) has amended Sections 12.8 to 12.10 of Planning Policy Wales.
Paragraph 12.10.1 states: “Local planning authorities should consider the effects of any scheme and its associated infrastructure in relation to sustainable development criteria relating to economic, social and environmental impacts including the need to meet national renewable energy targets.”
It is proposed to convert the existing boiler house into a biomass energy plant. Policy S11: Biomass Energy states that proposals for the generation of energy from biomass, will be permitted where the proposal would not cause loss of amenity to neighbouring properties by reason of noise, dust, smoke or smell and the site can be satisfactorily accessed and will not result in the large scale generation of additional traffic.
It is intended that the demand for heating from all new buildings on the site will be satisfied by the district heating system with the fuel (woodchip) being sourced from local forests. The operational details of the Biomass Energy Plant including the amount of woodchip needed to power the plant and the frequency of deliveries/trips to the site will be ascertained through the subsequent detailed Reserved Matters applications.
By utilising a natural resource to produce a sustainable energy form, it is considered that the proposal complies with policy S11 of the UDP and relevant national planning guidance.
Contaminated Land
Powys County Council’s Environmental Health Department and the Environment Agency have both identified the site as a potentially contaminated land. The comments received are formulated on the potential for contamination based on the previous use of the land. As such, detailed conditions have been suggested to minimise the risks associated with the contamination of the site both in terms of human health and the risk to groundwaters and these are considered to be reasonable in order to limit any ground contamination related problems.
Impact on Trees
The preamble to policy G4 states that trees ‘play an important role in enhancing the Park’s landscape and biodiversity’; they add to the amenity and natural habitat of towns and villages and may need protection from development. Whether trees are protected by legislation or not the NPA wishes to see trees retained and managed on any development site.
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Due to the size of the site and the nature of the development, the removal of some trees is considered unavoidable and a scheme of replacement would be required to comply with Policy G4 of the UDP. This policy aims to ensure that where development is proposed that may affect existing trees that are considered important, the trees and root systems will be retained and adequately protected prior to, during and after development takes place.
The Tree Survey and Tree Felling Licence Plan submitted with the application sets out a detailed survey of the trees on site. It identifies TPO trees and trees of above average value as well as those that are of limited value and has formed the basis for the illustrative layout of the site by retaining the better specimens and mitigating the loss of the low quality trees through additional planting. Whilst there is a suggestion that only trees that have been classed as A & B in terms of quality are to be retained some Class C trees are potentially worthy of retention. To that extent detailed landscaping proposals will be submitted as part of the Reserved Matters application(s) that will follow which will include the finalised proposals for felling, maintenance and planting of trees on site including the Forestry Commissions replanting notice.
The long term maintenance of the trees and open space/parkland will be undertaken by a Management Company and a management plan and maintenance programme will be controlled via condition and through a S106 legal agreement.
Access and Highway Improvements
In terms of accessibility and transport issues the application can be assessed against policies ES35, ES38, ES43, ES44 and ES45 of the UDP, the Ministerial Interim Planning Policy Statement (MIPPS) 02/2009 – Transport and TAN 18 – Transport.
The development has been the subject of pre-application negotiations with the Mid Wales Trunk Road Agency and the Highway Authority and a Stage 1 Safety Audit of the junction. The application was accompanied by a Transport Assessment and Framework Travel Plan.
In terms of the potential impact of the development on the highway network the Traffic Generation Rates used in the TA represent the worst case scenario whereby all future residents will use private modes of transport and will all travel to work locations that are outside the site. It is noted that Monmouthshire CBC Highway Authority has not objected to the scheme on the grounds of increased levels of traffic, particularly across the Bailey Bridge between Glangrwyney and Gilwern.
It is proposed to include up to 12 No. live-work units within the residential element of the scheme and it is reasonable to expect that a small percentage of residents will be employed on site within the Commercial B1 element. It is also proposed to fund improvements to the public transport network (a contribution towards the X43 Abergavenny to Brecon service of £62,500 per annum for a 5 year period amounting to
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£312.5k). It is proposed to fund works by The Mid Wales Trunk Road Agency to upgrade the existing footpath to a combined footway/cycleway between the site and Crickhowell and there are a number of on-site facilities (such as the pre-school day nursery and sports facilities) which will limit the need to venture off site. Therefore, as intimated in the framework Travel Plan, it is considered that residents/visitors/workers will have access to a range of sustainable transport modes which will reduce car usage and any impact on the adjoining highway network. Additionally it is proposed that all facilities within the site (offices, pre-school nursery, tennis club, residential care home) will be provided with cycle storage facilities.
It is also proposed to upgrade the existing bus stops south of Dan-y-Gollen and provide a second stop at the site entrance. The finalised internal layout could also allow for a circular bus link with possible stops at the employment courtyard and the residential zone. It is also proposed to provide a shared cycle/footway (together with an emergency egress point in the event of flooding blocking the main entrance) to link the site to Glangrwyney. These improvements are wholly consistent with the Development Brief and policies G3 vii), ES35, ES38, ES40, ES43, ES44 and ES45 of the UDP.
Officers consider that adequate consideration for those with limited mobility can be included in the detailed design and layout of the scheme as part of the Reserved Matters applications, in accordance with the requirements of UDP policy G3xi).
In terms of vehicular accidents in close proximity to the site, only three incidents have been reported. They involved a collision when a car leaving the main entrance of the site drove directly into the lay-by on the opposite side of the road, another accident occurred as vehicles slowed down to let another vehicle to turn into the lay-by and vehicles further back skidded into each other and another car swerved to avoid an animal in the road. The safety audit highlighted the need for improved pedestrian crossing links, a reduction in speeds along the stretch of A40 in front of the site and additional street lighting. Whilst it is not possible to unilaterally reduce speed limits on Trunk Roads, the use of skid resistant surfacing close to the junction, the installation of a kerbed pedestrian refuge, the imposition of a 4.5m x 215m visibility splay and additional streetlighting at the junction will significantly improve highway safety around the site.
The proposed pedestrian/cycle links through to Martell Way and Dan-y-Gollen are not supported by the local residents. It is accepted that Martell Way is a private unadopted road where the residents pay an annual charge for the upkeep of all shared areas. However, it is not proposed to include a vehicular access at this point into Martell Way. The pedestrian/cycle link through to Dan-y-Gollen was required by a condition attached to the development of that site by Barratt Homes in 2001 (App. No. P17070) and will increase permeability between the estates and facilities.
In terms of the detailed highway comments received From the Highway Authority it is considered that issues such as parking provision will be resolved once the layout is finalised at the Reserved Matters stage.
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PLANNING OBLIGATIONS
Circular 13/97 states that planning obligations should be sought only where they are:
- Necessary; - Relevant to planning; - Directly related to the proposed development; - Fairly and reasonably related in scale and kind to the proposed development; and - Reasonable in all other respects
In addition the circular states that planning permission may not be bought or sold and a planning permission will not to be sought to redress existing deficiencies or lack of capacity in existing facilities, services or infrastructure.
The overall extent of planning obligations sought will have regard to what is reasonable in terms of the scale of the development and its impact and this will be a matter for negotiation. The circular states that planning obligations can enhance the quality of development and enable proposals to go ahead which might otherwise be refused.
The BBNPA have an approved Planning Obligations Strategy which seeks to assist prospective developers by identifying the likely occurrences where planning obligations will be sought. In doing so it is hoped this strategy will enable developers/applicants to calculate provision levels into initial development costings. For development control purposes this strategy aims to help speed up the time spent on negotiating individual planning applications. This strategy also aims to provide assurance to residents of the National Park that any new development will make a positive contribution to the special qualities of living and working within this exceptional landscape.
The strategy takes a dual approach to the seeking of planning obligations:
Category 1 Contributions - Contributions specific to the National Park as set out in UDP policy. These contributions are determined by the specific criteria of our designation and seek to work towards achieving the vision and key aims for the National Park.
Category 2 Contributions - Contributions for community benefit that rely on partnership working with the appropriate Unitary Authority and/or Community Service providers. These contributions will channel obligated contributions towards the achieving of socio- economic benefits as outlined in the relative Unitary Authorities Community Strategy and Development Plans.
In using planning obligations, the BBNPA aims to offset the negative consequences of development to help meet local needs or to secure benefits which will make
Page 73 of 100 ENCLOSURE 5 developments more acceptable. As such planning obligations may relate to matters other than those covered by planning permission, provided that there is a direct relationship between the planning obligation and the planning permission. Circular 13/97 places an emphasis on the overall quality of development rather than the number of planning benefits that could be obtained or offered. Planning obligations therefore provide a means of ensuring high quality development for the benefit of the community and the National Park.
The circular also states that developers should not be expected to pay for facilities which are needed solely in order to resolve existing deficiencies. In addition to this, attempts should not be made to extract excessive contributions to infrastructure costs from developers. Additionally it makes clear that planning obligations should not be used where the use of planning conditions would suffice.
Powys CC Planning Obligations
Powys County Council has issued a board decision relating to planning obligations that they consider should be secured through this development (see appendix A attached). The Council has confirmed that they feel that the contributions and obligations are required to mitigate the impact of the development on the delivery of Council services and raise no objections provided that the comments and planning obligations sought and justified can be met through the Section 106. The recommendation goes on to say that if such planning obligations cannot be supported or met through this planning process, Powys County Council raises objections to the scheme and recommends refusal on the basis that the proposed development would have an unmitigated impact on the delivery of services.
Statement of Intent
The original submission for this scheme was invalidated by the LPA in June 2009 due to an incomplete Planning Obligations Statement of Intent. More specifically, our approved requirements for the validation of planning applications stresses the importance of agreeing the scope and financial limit of any contribution with the relevant Authority/stakeholder before submission. The Strategy states that applicants should contact the relevant Unitary Authority prior to the submission of the application to ascertain the extent of any required contributions and use this information to help produce their Statement of Intent. In this instance, the Education contribution had not been agreed and the developer had not agreed the scope of a financial contribution with the Trustees of the Glangrwyney Community Hall for the enhancement of the village hall.
It is acknowledged that the developer accepts the principle of a contribution towards improvements to education services but they had not received any justification or supporting evidence from Powys CC to demonstrate that the requested contribution complies with their policies on obligations or the requirements of Planning Circular 13/97.
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The BBNPA requested the latest Educational Review of the Crickhowell Area from the Education Authority to inform the developer’s obligations statement of intent and a copy was sent with the invalidation letter to the agent on the 12th June, 2009.
The developer had also drawn up plans for an extension to the village hall but the Trustees did not accept that proposal, mainly due to the fact that the extension would result in the loss of parking spaces serving the hall. As there was no real prospect of the Education or Community Hall enhancement contributions being agreed in the short term, a revised Planning Obligations Statement of Intent was included with a resubmitted application with the flexibility to negotiate and agree the education contribution during the planning application process and to offer a sum of £125,000 to the Trustees of the Village Hall for enhancements to the existing village hall. In addition to the original set of obligations, the BBNPA requested a contribution towards securing a public art installation within the site and further information relating to the future management and maintenance of the open space and features such as the areas of play.
A copy of the latest covering letter and planning obligations statement of intent (including an Affordable Housing Statement and the Management of Open Space Statement) are included at Appendix C.
It should be noted that the approved Development Brief for the site outlines that the development will provide a number of community benefits which have been carried through to the application proposals. These include:
1. Public Open Space, community orchard and allotment facility; 2. Cycle route within the site, and improvements along the footpath beside the A40(T) to Crickhowell; 3. Replacement of the open firing range on the adjacent MOD site with an indoor range to reduce noise impact on the wider community; 4. Affordable housing; 5. Enhancement of Glangrwyney Village Hall as a community facility; 6. Play Area (LEAP); 7. New sports facility for Crickhowell Tennis Club; 8. Ecological enhancement and long-term management; 9. Financial contributions and/or on site facilities for the Education Authority; 10. Emergency access route for adjacent MOD users during extreme flood events; and 11. Employment opportunities
The Section 106 will include the following planning obligations:
Education Contribution
The Education contribution has been the subject of protracted negotiations between the
Page 75 of 100 ENCLOSURE 5 developer and Powys CC Education Dept. before and since the submission of the application. Whilst the principle of a commuted sum towards education service improvements is accepted where appropriate, the developer and Powys CC Education Dept. have failed to reach agreement on the potential impact of the development on existing services or the scope for improvements necessary to resolve any capacity issues.
The developer has attempted to source education data from Powys CC in order to calculate whether or not there is justification for a lack of capacity at schools such as Crickhowell High School. The agent has queried the various elements of the Educational Review and planning obligation request and has tried to arrange meetings to discuss the scope of the need in education terms. The lack of any willingness to enter into negotiations with the developer or provide the relevant data that presumably formed the basis for the request has proven a major obstacle in seeking an acceptable position on this issue. Both parties accept that there is sufficient capacity in surrounding primary schools to accommodate the development. Indeed, it is considered that the pupils from the development will assist the viability of local primary schools which have surplus capacity.
The Powys CC Board response is attached as Appendix A to this report.
The applicant instructed an Education Consultant with a specialism on the education implications of new housing developments in order to try to open up a dialogue with the Education Dept. and his first letter to Powys CC on the 1st October, 2009 requested the following basic information:
1) The net capacity of Crickhowell High School, and whether this is for the 11-16 age range alone, or for the full 11-18 age range 2) The numbers on roll at present and for the past five years, separated for 11-16 and 16+ 3) Future forecast numbers, (11-16 and 16+) excluding the proposed housing development, and any trends which might affect future numbers 4) The number of pupils attending the school from outside Powys, by year group, and whether this pattern is expected to continue
When I have had a chance to look at this information, I think it would be extremely helpful to have a meeting, and also to look at the school and discuss the proposed extension. If you already have plans and a room specification for the extension, those would be helpful. I may at some point need the floor plans/room sizes of the school as it stands at present, as well as its curriculum structure, but we can perhaps leave this to a later stage.
Perhaps you would be kind enough to let me have an e-mail to acknowledge receipt, with an indication as to when you may be able to let me have the information. The Education Dept. responded on the 23rd October, 2009 and concluded that:
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“Increased demands are placed on the facilities at the school due to the high stay on rate from pupils transferring from year 11 to year 12 and then year 12 to year 13. These stay on rates are consistently amongst the highest within the authority and are as a result of the high achievements gained by the pupils of the School.
It is felt that Crickhowell High School will continue to be popular, high achieving school in the future and there are no expectations that there will be a decrease in demand for places at the school, but with the current trend for stay on rates to sixth form increasing that there will be increased demand for places.”
The Education Consultant responded on the 27th October, 2009 by asking for clarification on a number of issues including:
- You do not give numbers of pupils admitted to Crickhowell School from neighbouring LEAs, and I take it that we may assume that the numbers are sufficiently large that they are greater than the number of pupils expected to arise from the development. So if it can be demonstrated that pupils from the development will have priority and that there is no obligation to provide additional places for pupils from outside Powys, then there is no need to extend Crickhowell school to cater for the development.
- A decision on whether a pupil is admitted to any school is a matter first to be determined by whether a place is available. If the school is oversubscribed, then the admissions oversubscription criteria apply.
- The admissions booklet has no maps which define the ‘current allocation area’, but there are sections which show which primary schools are linked to which secondary schools and these would appear to be the sections which define the allocation areas. None of the primary schools listed as being within the allocation area for Crickhowell school are outside Powys. You have also provided a map of the ‘Crickhowell High School Area’ which was attached to your first justification document. This appears to me to define an area which does not go beyond the Powys county boundary.
- The admission booklets for neighbouring LEAs do not describe any area or feeder primary school within that LEA as being within the allocation area for Crickhowell school. Some formal arrangements for pupils to attend out of area schools do exist for some of the neighbouring LEAs but they are clearly spelled out in their admissions booklets.
- There is no legislative requirement which requires Crickhowell School to expand in order to meet demand from outside Powys provided that each relevant LEA is able to meet its statutory obligation to secure sufficient places for its pupils.
- Evidence from the schools’ capacities and forecast future demand for places in neighbouring LEAs does not show that other LEAs are in difficulty in meeting
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their needs internally now or in the future.
- You describe a number of recent appeals for Crickhowell school, although not how many were successful. I note also that your admissions booklet states that there were no appeals in the preceding year. In any case, the requirements which we have to meet in the context of planning obligations do not include any consideration of the decision of appeals panels since by definition these only operate when formal admission arrangements have been properly applied. Developers only need to meet any obligations which arise within normal admission arrangements.
- Pupils from the Cwrt-y-Gollen Development will live comparatively very close to Crickhowell School. They will gain admission to that school under the oversubscription criteria in preference to many other pupils who live within Powys, and over all pupils who live outside Powys.
Please let me know if you have evidence which I have not found which countermands these facts and conclusions. However, the implication from my perspective is that there is no requirement for the development to fund an extension to Crickhowell School as envisaged.
So far as the early years request is concerned, I have the following comments. The provision which Powys proposes appears not to be as a nursery or pre-school facility attached to a primary school, nor to be a freestanding nursery school. The fact that facilities are private settings registered with CSSIW would appear to make them pre- school crèche or day care facilities without specific education curricular provision. It seems to me therefore that the offer of this type of facility within the development, were it to go ahead, would be a perfectly acceptable alternative, with the advantage that provision would be made within walking distance within the development.”
In order to form a view as to what would constitute a reasonable level of contribution for education improvements in order to report the application to Members, Officers sent the letter and the original planning obligations statement produced by the developer to Powys CC with a view to arranging a meeting with all relevant parties in November, 2009. The Education Consultant also emailed the Education Dept. on the 18th November, 2009 requesting a response to his email of the 27th October, 2009.
At this point Powys CC decided that they would provide a corporate response to the application. The agent then tried to arrange a meeting with the Education Officer on the 25th November, 2009 to discuss the evidence base and justification for the contribution especially as the figure had dramatically increased from approximately £1,000,000 during the pre-application stage to £1,502,653.50 in June 2009 then to £1,970,307 in August 2009. As the scheme will provide approximately 200 houses over a 7 year period, this would equate to almost £10,000 per unit. Officers contacted the Education Officer on the 26th November, 2009 in order to advise of the need for the meeting to a) get to a point where the application could be reported to PAROW and b)
Page 78 of 100 ENCLOSURE 5 to factor the negotiations into Powys CC’s corporate response to the application.
On the 30th November, 2009 the Education Officer responded to the Education Consultant’s email of the 27th October, 2009. He provided the following comments: a. “We do not record the information with regard to the number of pupils admitted to Crickhowell High School from neighbouring authorities. Therefore I don’t know how you can assume that the numbers are sufficiently large that they are greater than the expected number of pupils expected to arise from the development.
I do recognise the argument that pupils from the Cwrt-y-Gollen development could be closer to Crickhowell High School than some of the areas currently providing pupils to the School, but Crickhowell High School would still be the closest school for many of these pupils. However, if the development at Cwrt-y- Gollen is given planning permission, families moving to the residential dwellings with High School age pupils could find themselves unable to get a place at the school due to the current pupil capacity at the school. This situation could persist for a number of years.
The simple fact is that a significant development at Cwrt-y-Gollen will mean a large number of High School age pupils not being able to be accommodated at Crickhowell High School, the nearest school and having to seek their secondary education at another High School provision. b. The statement with regard to the fact that the oversubscription criteria for admission to schools applies when a school is oversubscribed is correct. c. The Learner Travel regulations do indeed state that free transport should be provided to a pupil at the closest suitable educational provision if the pupil has been allocated a place at that school. d. You are again correct in stating that the admission booklet produced by the Authority does not have any maps indicating or defining allocation areas. The booklet does list the primary schools within Powys that are feeder schools.
As you have already quite correctly stated, the Learner Travel regulations require free school transport to be provided for pupils who have been allocated a place at their nearest suitable educational provision. This area for Crickhowell High School defines an area which does go beyond the geographical boundary of Powys. e. There are no formal arrangements with other Authorities with regards allocation areas for Crickhowell High School, but it is clear under the Learner Wales Travel Measure that the Welsh Assembly Government would like pupils to attend the nearest school even if that school is within another authority.
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However there are regulations for the Welsh Assembly Government that mean schools that if a certain percentage of pupils from a school apply for admission to a High School, then formal transition arrangements must be put in place to support the effective transition of pupils to Key Stage 3. [the second sentence doesn’t read correctly] f. The point that you make with regard the admission of pupils from the proposed development under the oversubscription criteria is flawed.
I agree that pupils from the proposed development at Cwrt-y-Gollen would be subject to the oversubscription criteria if they sought entry to Crickhowell High School.
It has been forecast that the proposed development could produce a significant number of pupils, the vast majority of whom would not be able to be offered a place at the school under the present circumstances and would need to go to appeal. Given the present accommodation at the High School it is unclear how these significant number of pupils could be accommodated at Crickhowell High School. g. The developer has made the offer to the school and the local Authority of the use of the old gymnasium at Cwrt-y-Gollen. The Authority have always made it clear that due to its location, the old gymnasium will not be considered as part of the planning obligations related to the proposed Cwrt-y-Gollen development. h. The Welsh Assembly Government have instructed all local Authorities in Wales to provide 10 hours of educational provision a week for all 3 year olds. In Powys this provision is provided through a variety of settings depending on the local provision in place when the regulations came into existence.
As I am sure you are aware, this provision is provided through two providers, one of which is on the High School site. Both of these providers are expected to provide the Foundation Phase educational curriculum. As a result both of these providers are inspected by CSSIW and ESTYN (Educational Inspectorate Body for Wales).
The Board of Powys County Council have recommended that no new 3 settings are to receive the three year old funding. Therefore any Early Years setting on the proposed Cwrt-y-Gollen development would not be entitled to the extra funding for providing these statutory places.
However in your letter it seems that you feel the Early Years Setting proposed at Cwrt- y-Gollen would be perfectly acceptable as it is within walking distance. From our calculation we envisage that the proposed development at Cwrt-y-Gollen would produce approximately 20 pupils of pre- school age. I am sure you are au fait with the business model that has been proposed for this service and it would be interesting to see what numbers it is based on.
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You may have forecast that the proposed development will produce far more children than we have envisaged, and if this is the case it would be beneficial to see the figures that you have forecast as this would obviously have a bigger impact on the local educational provisions than we presently perceive.
It is clear that the proposed development of 200 houses will have an impact on the educational and community provision in the local area. I am sure you will appreciate the need to maintain the present high standards of provision without suffering a detrimental impact through excessive demand from the proposed development.”
The Education Consultant responded to the letter from the Education Dept. as follows:
“Thank you for your response to my letter of 27.10.09. I have a number of immediate responses to make, which I hope will allow us to make some positive progress when the planned meeting takes place. I gather that we are still awaiting your availability, so would be pleased if you could confirm this. a) (1) I am surprised if you do not have the numbers available, since they will be contained in your schools’ annual returns to the Assembly which describe their pupils in detail (Pupil Level Annual School Census – PLASC). I believe these are copied to the LEA. Every child’s postcode is recorded in full. Without having to check every one in full, it ought to be very simple to list how many at Crickhowell have a non-Powys postcode. So far as I can see, all that will be needed to find pupils who live further away than Cwrt-y-Gollen will be to identify those without a NP8 postcode. NP7 will be from Monmouthshire, NP23 from Blaenau etc. Our information from Monmouthshire alone, for example, is that there has been an average of 43 pupils per year attending Crickhowell School from their area over the last four years, with 51 pupils in 2009.
If I understand the second part of your response correctly, you are claiming that on first occupancy of the development there will be pupils in the new housing who are already of secondary school age, and that these pupils will find that Crickhowell School is full in their year group. This could certainly be the case, but it is only a temporary issue which will last at most for only a few years, until those children have reached school leaving age. So if accommodation needs to be made for these pupils, then at the most temporary provision only will be required. All LEAs with whom I have had dealings would not claim the need to make permanent provision for this temporary phenomenon, and only a very few would even seek a contribution for the temporary phase.
The key point is that all pupils in the development who are at the appropriate entry age for secondary school will definitely obtain a place without the need for a permanent increase in the school’s capacity. d/e) (4,5,6) I consider that there is a technical flaw in your admissions arrangements if
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the arrangements describe a normal area for a school, but do not provide the map which shows it in the admissions booklet. However, your website does contain a map which is called ‘Map of the Crickhowell High School Area’. This does not extend into Abergavenny, and does seem to stay within the Powys boundary, so I cannot agree with your claim that the Crickhowell normal area for admissions, in the legal sense required in those arrangements, extends outside Powys. However the proximity criterion within the oversubscription criteria is in any case sufficient for the pupils from the proposed development to have priority. Powys is not required to expand Crickhowell School for pupils who live outside Powys where there is no formal arrangement with any other LEA. f) (10, I think) I cannot agree that my points are flawed. I assume you are repeating your point about occupancy of the development by pupils above the normal admission age, which I have dealt with above. Any family with a child aged above normal admission age which moves into the area of a school which is full has to accept this position. This applies to existing housing as well as new housing, and to primary as well as secondary provision. It is not a circumstance which requires any LEA to make increases in capacity of schools which are full, and your admissions booklet makes this clear. g) I would have thought that if the school thinks that the gymnasium could be useful to it, then this would be seen as advantageous and that it would assist in relieving any relevant deficiencies which the school has, for example for examinations space. If it can also be made available for community/leisure purposes for Cwrt- y-Gollen, then its location is a clear advantage. h) Early years. Some of the detail here touches on aspects which I don’t have the local knowledge as yet to deal with. If I understand one point correctly, in part you seem to be saying that if the children from the development go to expanded facilities in Crickhowell then Powys will provide the revenue funding. But if the children are provided for in premises within the development, then Powys will withhold the funding. This seems perverse, at best. However, in terms of the overall S.106 agreement, the sum requested is comparatively small, and perhaps we do not need to dwell on it too much at this point.
You have not referred at all to the leisure request aspects, nor did I raise them other than in passing since I am not engaged by my clients on that aspect of provision, so I make no complaint at that. Perhaps, though, I could ask you to expand further on the subject of the requested Astroturf pitch. The justification document describes this as being jointly required for leisure purposes and for educational purposes. Is the case being made that the totality of the proposed development, both children and adults, will put such stress on the leisure facilities that the pitch is needed, or is the case being made that an increase in pupil numbers at the school will put stress on the school’s games provision in the same way as is claimed for the school buildings? Or is it a combination of the two? It would help me to deal with my responsibilities to advise my
Page 82 of 100 ENCLOSURE 5 clients if this could be clarified, and hopefully quantified also.
I will repeat the point I made at the outset that I hope an early meeting can be arranged where we can perhaps come to agreement on these various points, and we await your availability.”
No response to the above queries was received although a meeting was provisionally arranged for the 14th December, 2009. Cllr. Morris then stated that on the 9th December, 2009 that the report that was presented to the Board was accepted and the recommendations agreed on and since this is now a board decision officers are bound to that decision and it would therefore be inappropriate to have further discussions. An obvious impasse was reached at this point as there was no likelihood of arranging a meeting (that had been requested in November) to finally discuss the pertinent issues.
Although the Board report stated that "as far as the planning process is concerned, it is now the duty of the BBNPA to make an informed decision and judgement based on the evidence of the two submissions, weighing up the relative merits of both arguments" Officer’s attempted again to at least obtain a response to the points raised in the Education Consultant’s email of the 1st December, 2009 in order to make a properly informed decision, especially as that email pre-dated the Board’s decision. However, Powys CC reiterated that officers were not allowed to discuss the education contribution with the applicant and agents. An arranged school visit by the Education Consultant was then quickly cancelled on the instruction of the Education Dept. Therefore, the developer had no option other than to instruct his Education Consultant to submit his findings based on the information received to date (see covering letter and report attached as Appendix D to this report).
As stated previously, Circular 13/97 states that planning obligations should be sought only where they are:
- Necessary; - Relevant to planning; - Directly related to the proposed development; - Fairly and reasonably related in scale and kind to the proposed development; and, - Reasonable in all other respects
In addition, the Powys s106 Education request must be underpinned by the relevant Planning Circular (13/97) and by UDP Policy GP2 – Planning Obligations. This policy indicates:
- that obligations will be sought in agreement with Applicants; - benefits in the public interest are secured where these are relevant and reasonably related to the proposal and required in order to enable it to proceed.
Having assessed the Board recommendation and the advice contained in the Education
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Consultant’s report, Officers can advise as follows:
Early Year’s Provision
Whilst it is acknowledged that the development will generate pre-school children and there is some benefit in pooling resources in one location, the development proposes an on-site Pre-school Day Nursery that will cater for any demand from the future residents as well as any surplus demand from elsewhere (e.g. Crickhowell). Officers consider that the majority of parents with early year’s children would prefer to use an on-site facility as it is more convenient, sustainable and secure. When you consider that the facility will be set in a parkland setting and will be of modern construction and will be fit for its purpose then it is difficult to see why the proposed day care nursery on the site will not be viable. Officers therefore consider that there is no justification for a financial contribution of £64,000 to fund any early year’s provision at Crickhowell High School.
Community/Youth Service Provision
Officers consider that the justification for the remodelling of some of the spaces within the Youth Service facility and the need for more workspaces and meeting rooms is tenuous at best and does not satisfy the five tests of circular 13/97. Also, this contribution does not appear to be strictly related to Education and should not be sought under this guise.
Secondary School Education
It is noted that the Education Consultant considers that the development will produce 39 secondary school pupils (inc. Sixth formers) whilst Powys CC consider that the development will only yield 36 secondary school pupils (inc. Sixth formers).
Powys CC has requested an extension to the present school building to meet the supposed increased demand on the High School Facility. This extension would include:
• Gross internal floor area 584 m2 on two floors; • Provide increased flexible work areas/classrooms; • Improved changing room facilities; • Improved fitness suite area.
Officers acknowledge the aspiration for a “community focused school” but do not agree that the contribution should be sought partially on the basis of the needs of the leisure and youth services within the area.
It is disappointing that Powys CC decided not to furnish the Education Consultant with the requested and readily available postcode analysis. Fortunately, the information was provided by the Assembly’s Education and Lifelong Learning Statistics Unit. The postcode analysis shows that in January 2009 there were 717 pupils on roll at the school, of whom 263 had postcodes outside Powys. Officers agree that this is a very
Page 84 of 100 ENCLOSURE 5 significant statistic and whilst the school is obviously at capacity, the main reason for this is the large number of pupils who emanate from outside the Powys Authority Area.
It is obvious to Officers that all pupils from the development will be perfectly entitled to obtain places if their preferred school is Crickhowell as opposed to King Henry VIII School in Abergavenny, Monmouthshire. The secondary school in Abergavenny is acknowledged as having surplus capacity and there is no formal or technical requirement forcing Powys CC to add further places to meet demand from other Authority’s.
It would appear that pupils from outside Powys (e.g. Monmouthshire) could attend Crickhowell as long as there was sufficient capacity for them. As there is a clear surplus of spaces in Monmouthshire schools, it is unlikely that a situation will be reached where both Monmouthshire and Powys secondary schools are at capacity.
Officers realise that if the school is already at capacity when the development begins to be occupied there is no scope to move pupils from the school even if they live outside the Authority. It is accepted that most Local Education Authority’s do not add additional facilities and accommodation in this instance and the normal scenario is that newcomers are accepted as ‘casual admissions’.
Officers agree with the Education Consultant when he states that there may be an initial situation where the very first occupants of the development find that the school is full. Therefore, to cover this eventuality Officers support the concept of the developer’s contribution to respond to this temporary situation which will take the form of a single additional classroom at Crickhowell High School (or as a contribution towards a reorganisation and closure of the school). The suggested contribution of £280,000 towards this purpose would seem to be more than acceptable given the circumstances and the Section 106 Agreement should include this provision. This will allow the capacity of the school to be increased sufficiently to allow these ‘casual admissions’.
Therefore, the early year’s provision (£64,000), the remodeling for Youth Service gains (£32,000), the High School extension (£1,306,392) and the astro turf pitch and floodlighting (£567,915) as requested by Powys CC are not deemed to be justified in the context of the current and future plans for the Crickhowell High School.
As the recommendations of the Powys CC Board are not accepted for this element of the Planning Obligations, Powys CC automatically object to the scheme as they would now deem that the proposed development would have an unmitigated and unacceptable impact on the delivery of Council services.
Cycle Route
The agreement shall include provision for the financing of the upgrading works proposed to the existing footway linking the site to Crickhowell and its services. The works to be agreed shall be carried out by the Mid Wales Trunk Road Agency through a Section 278 agreement. The estimated cost of £215,000 (this will be subject to the results of the
Page 85 of 100 ENCLOSURE 5 detailed design stage) shall form the basis of a payment of a bond by Crickhowell Estates Ltd. to The Mid Wales Trunk Road Agency/WAG and an agreed schedule and programme of works shall also be specified under the agreement.
Public Transport Contribution
The developer has committed to funding improvements to the public transport network in the form of a contribution to subsidise the X43 Abergavenny to Brecon service of £62,500 per annum for a 5 year period amounting to £312.5k. The agreement shall specify the bus operator (currently Sixty-Sixty).
Road Junction Enhancements
It is proposed to enhance the existing junction onto the A40 to accommodate the development by using skid resistant surfacing close to the junction, the installation of a kerbed pedestrian refuge, the imposition of a 4.5m x 215m visibility splay and additional streetlighting at the junction. These measures will significantly improve highway safety along the section of the site that front onto the A40.
Travel Plan
As suggested in the Transport Assessment and Framework Travel Plan, the proposal will incorporate a commitment to adopt a Travel Plan, aimed at encouraging a reduction in car journeys to and from the site in line with advice contained within TAN 18 – Transport.
The following is a brief summary of some of the main initiatives:
Walking & Cycling – the layout and mixture of uses seeks to encourage walking along with suitable measures to ensure safe routes both for residential and commercial users. In addition there is wider investment in the foot/cycle way to Crickhowell. Specifically for cyclists (differentiated between employment and residential as per the FTP), there will be a voucher scheme to aid the purchase of bicycles, cycle parking, information on routes etc. and shower/changing facilities within offices.
Public Transport - in addition to the s106 bus route investment, there will be a 50% subsidised annual bus pass available per household.
Car users – the Plan seeks to establish car sharing initiatives and clubs following occupation.
Travel Pack - A travel pack will be prepared for each household with detailed information on various elements (foot/cycle routes, facilities, bus times, 50% subsidy etc.). Businesses would be dealt with through a central coordinator.
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Whilst a condition can be attached to the consent to secure the submission of a Travel Plan, as the site is due to be split into three phases it is considered that it should be included in the S106 Agreement. The Travel Plan should be submitted to and agreed by the LPA and in place prior to the beneficial occupation of the development and it will include a monitoring regime.
Tennis Facility
Whilst it is accepted that the developer has entered into an agreement with Crickhowell Tennis Club for a 50 year lease on a peppercorn rent of £100 per annum the Lease section of the Heads of Terms includes the clause that in the event that during the lease term the tennis club becomes insolvent, is no longer a going concern, or ceases using the facility for the purpose of a tennis club, the property will revert to Crickhowell Estates Ltd. In order to safeguard the sports facility in perpetuity, a clause should be included within the S106 agreement to ensure that a replacement operator is found for the facility.
Community Facilities
Whilst it is accepted that Glangrwyney Community Council and the Trustees of the Community Hall do not want an extension to the hall to be secured via a planning obligation they have indicated that they are willing to accept a payment for the refurbishment of the existing hall. The developer has agreed to make a financial contribution of £125,000 for this purpose payable prior to the occupation of the first dwelling. Should the Trustees accept the contribution, it should be used to fund works to the hall within 3 years of the date of the payment. Should they not accept the payment within 12 months, the money will be used to upgrade the gymnasium building on-site which will then be used for community based activities.
It should be noted that Glangrwyney Community Council had suggested alternative Community based contributions as follows:
1. Policing in the Community 2. Renewable energy scheme 3. An improved sewage scheme for Glangrwyney
The BBNPA responded to these suggestions as follows:
“Policing in the Community – you noted at our meeting of the 24th August, 2009 that Crickhowell Police Station is not manned on a 24 hour basis. I will investigate whether or not it would be possible to fund PCSO’s (Police Community Support Officers) around Cwrt y Gollen/Glangrwyney but this is unlikely to be a realistic alternative as it is questionable if Dyfed Powys Police would be willing to divert their resources to a specific area and even if they are, the ongoing cost would be prohibitive.
Renewable energy scheme – the existing boiler house on the site is to be converted into
Page 87 of 100 ENCLOSURE 5 a biomass energy plant which will provide 100% of the heating for all new buildings on the site. There won’t be any scope to increase the capacity of this woodchip biomass district heating scheme to heat the wider area and it is considered that it would be difficult to request and control that the developer fund and provide heating for the wider community off the back of this scheme.
An improved sewage scheme for Glangrwyney - We are looking to secure a Sustainable Urban Drainage system and Dwr Cymru/Welsh Water have also previously advised the developer that they will have to fund necessary improvements to the public sewerage system. The development is also likely to demand less potable water (especially if measures such as rainwater harvesting are incorporated into the scheme) and it is possible that water rates in the area will be discounted. This should benefit the wider area in terms of capacity and flows.”
Affordable Housing
Despite the fact that Powys CC are concerned at the level of affordable housing on this site they do not formally object to the level of provision. In line with the development brief, the scheme will secure the provision of 30% affordable housing to be transferred to an RSL.
The agreement will specify the type and mix of units, the tenure percentage split between Social Rented properties and Low Cost Home Ownership units (depending on the needs of the Housing Authority and the RSL at the time), the phasing in relation to the occupancy of the open market housing, the timing of construction and the location of the affordable housing in each of the three phases and compliance with the latest WAG DQR standards/requirements. The agreement will also ensure that the provision is affordable in perpetuity and it will define the qualifying persons/households and linkages to nominations via Powys CC with priority given to local persons.
Future Maintenance of Open Space
Whilst Powys CC have provided a list of what would be expected to form part of the development (appropriate open space including fixed play equipment, transport links to facilities located in the Town but not on the development site, appropriate links to the Rights of Way network and enhancement of school based sports and youth provision which is also available to the wider community) they have also provided a breakdown of the costs relating to the maintenance and management of the open space and associated features.
The developer has committed to providing a private management company to maintain and manage the open space. A separate statement on maintenance of the open space has been prepared on behalf of the developer and submitted with the application.
The scope of the works will be secured via a condition and the S106 agreement will ensure that the open space is successfully managed. It is envisaged that the management
Page 88 of 100 ENCLOSURE 5 company will also be responsible for the operation and maintenance of the Biomass Energy Plant. Provisions for a replacement management company should be included in the legal agreement to safeguard the development against the company becoming insolvent.
The management plan could include these detailed suggestions put forward by the BBNPA Ecologist:
“I believe that the aim for long term management of the parkland and open spaces should be to minimise and indeed avoid wherever possible the need for mowing and landscape management contracts. There may still be a requirement for these but it should not necessarily be assumed that this is the only way to achieve desired outcomes. I believe that the following approaches should be included: • Incorporation of more semi-natural areas and accessible natural greenspace will reduce area that requires regular mowing. • Using livestock instead of mowing machines. • Planting short rotation coppice woodland areas to supply wood fuel and other products for Cwrt y Gollen. • Where areas are mown or trimmed for amenity reasons, the arisings are harvested to supply a local anaerobic digester or composting unit. • Using a wildlife conservation rather than landscape specification for mown areas; for example areas could be designated where there will be two to three cuts during April-May, followed by shutting off to permit the grasses and wildflowers to grow and set seed, followed by a late July to early August hay cut; livestock would be turned onto this for aftermath grazing and the hay could be sold or used to feed the livestock in winter. • Create viable hay areas by top dressing with FYM every few years. • The new orchard should seek support from the Marcher Apple Network and should be run by the community rather than by Powys CC because it is a community facility. Therefore effort should be made to establish a management group or community enterprise company. • Similarly, the allotments should be run by the community rather than by Powys CC. • Management and monitoring of the new bat roosts should be leased to a suitable conservation organisation with experience in this sort of work.”
The private management company will maintain all elements of the open space apart from the Council adopted estate roads and the associated swales.
Public Art
It is envisaged that as the Public Art will sit within a privately owned and managed site, it is appropriate for the developer to commission, install and maintain (as part of the management plan for the site) an appropriate piece of Public Art for site. A sum of £20,000-£30,000 will be agreed with the Public Art Officer at Powys County Council
Page 89 of 100 ENCLOSURE 5 and the process of commissioning the artwork/project will be carried out in consultation with the Public Art Officer. The legal agreement will cover the programme of commissioning and implementing the scheme to the satisfaction of the Public Art Officer.
Officers are of the opinion that in this case there are no material considerations which would necessitate determining the application other than in accordance with any of the relevant policies and it is recommended that planning permission be granted subject to the applicant entering into a S106 legal agreement with the Brecon Beacons National Park Authority and Powys County Council and other stakeholders. Therefore, it is considered that the proposal conforms to the relevant criteria of the policies listed above and is recommended for approval subject to a S106 Agreement and relevant conditions. For Members' benefit, due to the number of planning conditions suggested, the reason for each condition directly follows the condition.
RECOMMENDATION: Permit subject to Section 106 Agreement
Conditions and/or Reasons:
1 Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. 2 The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last reserved matters to be approved, whichever is the later. 3 Approval of the details of the layout, scale and appearance of the building[s] and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced. The LPA expect the Reserved Matters to be in accordance with the phasing plan as illustrated in the Design and Access Statement. 4 Plans and particulars of the reserved matters referred to above relating to the layout, scale and appearance of any buildings to be erected and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. 5 The development shall be carried out strictly in accordance with the approved plan relating to the access improvements (drawing no. NP3 v 1), except where otherwise stipulated by conditions attached to this permission. 6 Prior to the commencement of development, a scheme to assess the nature and extent of contamination on the site, whether or not it originates from the site, shall be submitted to and approved in writing by the Local Planning Authority. In accordance with the approved scheme, an investigation and risk assessment shall be undertaken by suitably qualified persons and a written report of the findings produced. The written report shall be submitted to and approved in writing by the Local Planning Authority.
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The report of the findings must include:
a. An identification of all previous uses, a conceptual model of the site indicating sources, pathways and receptors a survey of the extent, scale and nature of contamination; b. An assessment of the potential risks to: • human health; • property (existing and proposed) including buildings, property, livestock, pets, woodland, service lines and pipes; • adjoining land; groundwaters and surface waters; • ecological systems; and, • archaeological sites and scheduled ancient monuments; c. An appraisal of remedial options, and proposal of the preferred option(s)
This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’ and Powys County Council’s ‘Contaminated Land: Guidance for developers’ guidance note.
Item c) above shall not be submitted until written approval has been obtained from the Local Planning Authority for items 6a) and 6b).
7 Prior to the commencement of development, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural historical environment must be prepared and shall be submitted to and approved in writing by the Local Planning Authority. The remediation scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management criteria. The scheme must ensure that the site will not qualify as contaminated land under Part 2Aof the Environmental Protection Act 1990, The Contaminated Land (Wales) Regulations 2001 in relation to the intended use of the land after remediation. The detailed remediation scheme should not be submitted until written approval for condition 6 has been received from the Local Planning Authority. 8 Prior to the commencement of development other than that required to carry out remediation, the site remediation shall be carried out in accordance with the remediation scheme approved by condition 7 above, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority shall be notified, in writing, 14 days prior to the commencement of remediation works on site. 9 Following completion of the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced and shall be submitted to and approved in writing by the Local Planning Authority. The verification report contents must be agreed with the Local Planning Authority before commencement of the remediation scheme. 10 In the event that unexpected contamination, not previously identified, is
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discovered when carrying out the approved development, it must be reported in writing to the Local Planning Authority immediately. A further investigation and risk assessment must be undertaken in accordance with the requirements of condition 6 above. Where remediation is necessary, remediation scheme must be prepared in accordance with the requirements of condition 7 above. The investigation, risk assessment and remediation scheme shall be submitted to and approved in writing by the Local Planning Authority. Site remediation shall be carried out in accordance with the approved remediation scheme, unless otherwise agreed in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme, a verification report shall be submitted to and approved in writing by the Local Planning Authority in accordance with condition 9 above. The Local Planning Authority shall be notified, in writing, 14 days prior to the commencement of remediation works on site. 11 A monitoring and maintenance scheme shall be submitted to and approved in writing by the Local Planning Authority. The monitoring and maintenance scheme shall include monitoring the long-term effectiveness of the remediation works over a period of duration to be agreed in writing with the Local Planning Authority and the provision of associated reports. 12 Within six months following the completion of the measures identified in the monitoring and maintenance scheme and the achievement of the remediation objectives, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced and submitted to the Local Planning Authority. This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’ 13 Prior to the occupation of the dwellings, provision shall be made within the curtilage of the site for the parking of cars at a ratio appropriate to the scale of each dwelling excluding any garage space provided. The parking spaces shall be retained thereafter. 14 Within 5 days of the date of commencement of the development provision shall be made within the curtilage of the site for the parking of all construction vehicles together with a vehicle turning area. The parking and turning area shall be constructed to a depth of 0.3 metres in crusher run or sub-base and maintained free from obstruction at all times such that all vehicles serving the site may park within the site and both enter and leave the site in a forward gear. 15 No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i. the parking of vehicles of site operatives and visitors ii. loading and unloading of plant and materials iii. storage of plant and materials used in constructing the development iv. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate v. wheel washing facilities
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vi. measures to control the emission of dust and dirt during construction vii. a scheme for recycling/disposing of waste resulting from demolition and construction works 16 No development approved by this permission shall be commenced until details of a programmed and funded (by the Developer) scheme for improvements to the existing public sewerage system has been submitted to and approved in writing by the Local Planning Authority. Alternatively, if a sustainable on-site waste water treatment works is determined to be a viable option on this site then full details of the scheme, including a site investigation and risk assessment report and the adoption and maintenance regime by Dwr Cymru/Welsh Water, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. No occupation of the dwellings, offices, nursery or residential care home approved by this permission shall occur until a scheme for foul drainage has been completed. 17 No development approved by this permission shall be commenced until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the NPA. The scheme shall subsequently be implemented in accordance with the approved details before the development is beneficially occupied. The scheme shall include: i. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; ii. include a timetable for its implementation; and iii. provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. 18 No surface water shall be allowed to connect, either directly or indirectly, to the public sewerage system unless otherwise approved in writing by the Local Planning Authority. 19 Land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system. 20 No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water regulation system has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be implemented prior to the construction of any impermeable surfaces draining to the system unless otherwise agreed in writing by the Local Planning Authority. 21 The dwelling(s) shall achieve a Code for Sustainable Homes Code Level 4 in accordance with the requirements of the ‘Planning for Sustainable Buildings’ Ministerial Interim Planning Policy Statement (MIPPS) (01/09), draft TAN22: Planning for Sustainable Buildings and the Code for Sustainable Homes: Technical Guide. No dwelling shall be occupied until a Final Code Certificate has been
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issued for it certifying that Code Level 4 has been achieved. 22 The commercial buildings shall achieve British Research Establishments Environmental Assessment Method Excellent rating in accordance with the requirements of the ‘Planning for Sustainable Buildings’ Ministerial Interim Planning Policy Statement (MIPPS) (01/09) and the draft TAN22: Planning for Sustainable Buildings Code. No building shall be occupied until a Final BREEAM Certificate has been issued for it certifying that an Excellent rating has been achieved. 23 No development shall take place within the application area until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to the applicant and approved in writing by the local planning authority. The archaeological work will be undertaken to the standards laid down by the Institute of Field Archaeologists. On completion of the site work and any post-excavation analysis a report on the investigation will be submitted to the Local Planning Authority and the Curatorial Section of the Clwyd-Powys Archaeological Trust for approval. 24 The setting and the future protection of the scheduled ancient monument Standing Stone (Br113) should be considered within the written scheme of investigation referred to in Condition 23 and proposals which may affect, enhance or investigate the area around the monument or its setting should be discussed and agreed with CADW before any development takes place within the application area. 25 Prior to the beneficial occupation of the first residential dwelling and care home hereby permitted, the Indoor Firing Range permitted by Planning application LPA Ref: 09/02984/FUL will have been constructed in full accordance with the specifications thereby approved. 26 The development hereby permitted shall not exceed a density of 32 dwellings per hectare across the residential element of the development and the height of residential units shall not exceed 3 storeys. 27 During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times: Monday-Friday 7.00 am-6.00pm, Saturday 8.00 am-1.00 pm nor at any time on Sundays, Bank or Public Holidays. 28 Prior to the commencement of development, details of any external lighting proposed to illuminate the development shall be submitted to and approved in writing by the National Park Authority. Development shall be carried out in accordance with the approved details and there shall be no other external illumination of the development. 29 Prior to the commencement of development a facilities management plan and a scheme for the provision of storage, prior to disposal, of refuse and all other waste materials shall be submitted for the approval by the National Park Authority. The approved scheme shall be implemented prior to the first occupation of the development hereby permitted. 30 Prior to the commencement of development, a detailed plan, showing the levels of the existing site, the proposed slab levels of the building/dwellings approved
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and a datum point outside of the site, shall be submitted to and approved by the National Park Authority. Development shall be carried out in accordance with the approved details. 31 Details of any walls, railings or fences to be erected on the site, including location, height, materials and a timetable for their erection shall be submitted to and approved in writing by the National Park Authority before the development commences. The walls, railings or fences shall be constructed in accordance with the details and timetable agreed with the National Park Authority. 32 Notwithstanding the provisions of condition 3 above, for each phase no development shall commence on site or machinery or materials brought onto the site for the purpose of development until a landscape design has been submitted to and approved by the National Park Authority. The submitted design shall include drawings at a scale of 1:200 or 1:500 and a written specification clearly describing the species, sizes, densities and planting numbers. Drawings must include accurate details of all existing trees and hedgerows with their location, species, size, condition, any proposed tree surgery and an indication of which are to be retained and which are to be removed. 33 The landscaping scheme approved under conditions 3 and 34 above shall be carried out concurrently with the development hereby permitted and shall be completed no later than the first planting season following the completion of the development. The landscaping shall be maintained for a period of 5 years. During this time any trees, shrubs or other plants which are removed, die, or are seriously retarded shall be replaced during the next planting season with others of similar size and species unless the National Park Authority gives written consent to any variation. If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5 year maintenance period. 34 The landscaping scheme required by conditions No. 3 and 33 above shall include the following: (a) Full details of all existing physical and landscape features on the site including the position, species, height, girth, spread and condition of all trees, clearly distinguishing between those features to be retained and those to be removed. (b) Full details of all proposed fencing, screen walls, hedges, floorscape, earth moulding, tree and shrub planting. (c) Full details of all protective measures to prevent damage during the course of development to trees and other features to be retained. 35 This permission does not authorise any works to trees covered by Tree Preservation Orders. Any work shall be the subject of an application for consent to the National Park Authority, in accordance with the provisions of the Tree Preservation Order and the law on Tree Preservation Orders in force at the time of the application. 36 A landscape management and maintenance plan, including a review process, long term design objectives, management responsibilities and maintenance schedules for all landscaped areas (including the parkland area, the mature woodland to the rear of the development, the local equipped areas of play and the local areas of play, the public art installation, the non-adopted sustainable drainage systems, the
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bat habitats within the former ammo store and the former gas chamber, the community allotment and the orchard) other than small, privately owned, domestic gardens, shall be submitted to and approved in writing by the National Park Authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out by a management company/contractor thereafter. 37 The detailed plans to be submitted shall include provision for open space and play areas in accordance with the standards adopted by the National Park Authority. 38 Prior to development commencing details of the play area[s] including equipment, surfacing, landscaping, means of enclosure and provision of seating and litter bins shall be submitted to and approved in writing by the National Park Authority. The play area[s] shall be implemented prior to the beneficial occupation of the dwellings in accordance with the approved details and thereafter retained and maintained. 39 Notwithstanding the submitted scheme for the retention and improvement of the existing access junction onto the A40 Trunk Road as illustrated in Fig. 14 in the Design and Access Statement, development shall not begin until full engineering details for the improved junction design, site access, pedestrian/cycleway and the emergency egress have been submitted to and approved in writing by the National Park Authority, and the development shall not be occupied until the scheme has been constructed in accordance with the approved details.
Reasons:
1 Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 2 Required to be imposed by Section 92 of the Town and Country Planning Act1990. 3 To enable the National Park Authority to exercise proper control over these aspects of the development. 4 Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 5 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 6 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. 7 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be
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carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. 8 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. 9 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. 10 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. 11 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. 12 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors. 13 In the interest of highway safety. 14 In the interest of highway safety. 15 In the interest of highway safety. 16 The proposed development would overload the existing public sewerage system and the Waste Water Treatment Works and a non-private scheme for foul drainage is required before the beneficial occupation of the site. 17 The proposed surface water drainage system will possibly increase the potential for polluting controlled waters from inappropriately located infiltrations systems such as soakaways, unsealed porous pavement systems or infiltration basins. 18 To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment. 19 To prevent hydraulic overload of the public sewerage system and pollution of the environment. 20 To prevent the increased risk of flooding. 21 To ensure a satisfactory and sustainable development. 22 To ensure a satisfactory and sustainable development. 23 To ensure the protection of the archaeological resource. 24 To preserve the natural resource.
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25 To safeguard the amenity of future residents in the area. 26 To maintain the character of the neighbouring area. 27 To protect the amenity of local residents. 28 To safeguard local amenities and to preserve the use of the wider site by bats. 29 In the interests of amenity. 30 In order to define the permission and ensure that the development is of a scale and height appropriate to the site. 31 In the interests of residential and visual amenity.
In the interests of visual amenity and to ensure dwellings/commercial buildings have satisfactory privacy and security. 32 To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment. 33 To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment. 34 In order that the National Park Authority may be satisfied that the deposited scheme will meet their requirements. 35 To ensure the proper care and maintenance of the trees. 36 In the interests of visual and residential amenity and to ensure for a satisfactory development. 37 To secure an adequate standard of amenity for the development proposed. 38 To ensure the play area is suitably equipped. 39 To ensure the safe and free flow of traffic on the highway.
Informative Notes:
1 No work on the site should commence until engineering details of the improvements to the public highway have been approved by the Highway Authority and an agreement under Section 278 of the Highways Act 1980 entered into. Please contact the local County Surveyors Department for advice on how to progress the agreement. 2 The developer is required to submit details of the layout and alignment, widths and levels of the proposed roadworks, which shall comply with any plans approved under this planning consent unless otherwise agreed in writing, together with all necessary drainage arrangements and run off calculations to the local County Surveyor. No works on the site of the development shall be commenced until these details have been approved and an Agreement under Section 38 of the Highways Act 1980 entered into. 3 The applicant’s attention is drawn to the requirement that, in all cases where an Agreement under Section 278 of the Highways Act 1980 is entered into, the street lighting will be designed by the developer of the site in accordance with the design brief issued by the Highway Authority and their design shall include any necessary amendments to the existing system. 4 This planning permission is pursuant to a planning obligation under Section 106 of the Town and Country Planning Act 1990. 5 The applicant is reminded that it is an offence under the Wildlife and
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Countryside Act 1981 (as amended) to remove or work on any hedge where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built. It is also an offence to take or destroy an egg of any wild bird even where that is done pursuant to lawful authority or requirement if the taking or destroying could reasonably have been avoided in carrying out the prescribed or authorised work on the hedge. The applicant is further reminded that Part 1 of the Wildlife and Countryside Act 1981 sets out the statutory protection which is afforded to wild animals and plants. Some animals are also protected under their own legislation (for example the Protection of Badgers Act 1992). 6 Further advice on compliance with the contaminated land conditions may be obtained by contacting the Environmental Health Service on 0870 1923757. 7 The requirements of condition 12 shall be conducted in accordance with the Department for Environment, Food and Rural Affairs (DEFRA) and the Environment Agency’s ‘Model Procedures for the Management of Contaminated Land, CLR 11’ and Powys County Council’s ‘Contaminated Land: Guidance for Developers’ guidance note. Refer also to the Environment Agency Guidance on Requirements for Land Contamination Reports for the type of information that the EA require in order to assess risks to controlled waters from the site. 8 The remediation scheme required by conditions 7 and 8 must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 and The Contaminated Land (Wales) Regulations 2001 in relation to the intended use of the land after remediation. 9 Further advice on compliance with conditions 6 to 11 inclusive may be obtained by contacting Powys County Council’s Environmental Health Service on 08701 923757. 10 The Duty of Care regulations for dealing with waste materials are applicable for any off-site movements of wastes. The developer as waste producer therefore has a duty of care to ensure all materials removed go to an appropriate licensed disposal site and all relevant documentation is completed and kept in line with regulations. For specific advice on these issues you will need to contact the Environment Management Team at the EA’s Monmouth Office or look at available guidance on their website http:www.environment- agency.gov.uk/subjects/waste. 11 In accordance with the waste hierarchy, the EA wish the applicant to consider reduction, reuse and recovery of waste in preference to offsite incineration and disposal to landfill during site construction. 12 The proposal includes the use of a biomass boiler, the applicant should be aware that if a boiler intends to use waste wood material for fuel, the activity may require a permit from the EA or the Local Authority. 13 The developer is advised to contact DC/WW’s New Connections Design Department, Players Industrial Estate, Swansea, SA6 5BQ, to discuss the provision of a water supply prior to the commencement of any site work. Telephone No. 0800 9172652 for further information on this matter. 14 The applicant is advised that the proposed development affects the site of a Scheduled Ancient Monument. Section 2 of the Ancient Monuments and
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Archaeological Areas Act 1979 requires the developer to obtain Scheduled Monument Consent from CADW before development commences. The Scheduled Monument Consent Department can be contacted at CADW, Plas Carew, Unit 5/7, Cefn Coed, Parc Nantgarw, Cardiff, CF15 1QQ. It is an offence to execute or permit to be executed any works resulting in the demolition or destruction of or any damage to a Scheduled Monument. 15 The development shall be implemented strictly in accordance with the phasing plan as included within the Planning Statement and Design and Access Statement that accompanied the application.
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