Brecon Beacons National Park Authority PLANNING, ACCESS

Home , Bwlch

ENCLOSURE 5

Brecon Beacons National Park Authority

PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

27 April 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 10/04498/FUL Hillcrest Permit Bailihelig Road Brecon Powys LD3 8LU

2 10/04410/FUL Land North Of Allt View Permit subject to Section Bwlch 106 Agreement Brecon Powys LD3 7HJ

3 09/03405/OUT Cwrt Y Gollen Permit subject to Section Crickhowell 106 Agreement Powys NP8 1TF

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1 APPLICATION NUMBER: 10/04498/FUL APPLICANTS NAME(S): Mr John Prior SITE ADDRESS: Hillcrest Bailihelig Road Brecon Powys LD3 8LU GRID REF: E: 303908 N:227217 COMMUNITY: Brecon DATE VALIDATED: 19 February 2010 DECISION DUE DATE: 16 April 2010 CASE OFFICER: Mr Jonathan James

PROPOSAL Removal of roof covering and whole of roof structure to bungalow. Construction of additional storey, raised off existing external walls and to identical footprint to existing bungalow. Construction of pitched roofed entrance porch. Construction of conservatory.

ADDRESS Hillcrest , Bailihelig Road, Brecon

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CONSULTATIONS/COMMENTS Consultee Received Comments

Brecon Town Council 3rd Mar 2010 No Objection Health And Safety 22nd Feb 2010 Does not advise on health and safety grounds, Executive against the granting of planning permission in this case. Powys County 17th Mar 2010 Comments that the site is situated within 50 metres Council of an historic land use, namely unknown filled land Environmental and that this may be a contaminated land use. Protection Recommends imposition of a condition. Powys County 8th Apr 2010 Comments that having checked the site it would be Council Highways possible through re-working the front area of the property that a vehicular turning space would allow cars to enter and leave the site in a forward gear. Suggests negotiations in this direction prior to refusing on highways grounds. Powys County 6th Apr 2010 Recommends that the application should be refused. Council Highways Whilst there is an existing dwelling the parking area has no turning space, which would result in vehicles not being able to access and exit the site in a forward gear.

CONTRIBUTORS

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

None received to date

RELEVANT POLICIES

G3: “Development in the National Park” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) ES27: “House Extensions and Ancillary Buildings” (Unitary Development Plan 2007) ES26: “Demolition and Replacement of Dwellings” (Unitary Development Plan 2007) H4: “Notifiable Installations” (Unitary Development Plan 2007) LPG3: “Development in the National Park.” (Local Plan 1999) LPG7: “Design and energy conservation.” (Local Plan 1999) LPH14: “House extensions and ancillary buildings” (Local Plan 1999) LPH12: “Demolition and replacement of dwellings.” (Local Plan 1999)

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PLANNING HISTORY App Ref Description Decision Date

K5145 Outline planning application for Application 2nd Jul 1981 dwelling Permitted

K5309 Bungalow Application 2nd Sep 1981 Permitted

OFFICER’S REPORT

Site description and proposal

The site lies within countryside as defined by the Brecon Beacons National Park Unitary Development Plan 2007 ('the UDP') and the Brecon Beacons National Park Local Plan 1999 ('the Local Plan'). However, the site is situated immediately adjacent the settlement development boundary of the town of Brecon. To the south runs the A40/A470 dual carriageway; to the north east boundaries is an area of land which falls within the settlement development boundary and is marked for residential use (Cwmfalldu Fields); to the north west are existing structures.

The site is generally level although there is a distinct drop in level to the north and south. Forming a screen between the existing dwelling and the adjacent dual carriageway is strip of mature trees. A mixture of hedgerow, fencing and brick wall bound the garden; the existing dwelling is a single storey bungalow, of modern design finished in concrete tile roof, red brick walls and timber doors and windows.

The current application is for the extension of the existing bungalow up to create a first floor extension and the creation of a conservatory to the rear and replacement porch to the front elevation.

Appraisal

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

This application was considered against policy G3, G6, ES26, ES27 and H4of the UDP and policies G3, G7, H14 and H12 of the Local Plan. Local Plan policies will only be considered where they differ significantly from their UDP counterpart.

In making a recommendation on this application, I have taken into consideration the

Page 5 of 105 ENCLOSURE 5 relevant policies of the Development Plan and the comments made by the consultees and other interested parties and the following national guidance:

• Planning Policy Wales (PPW, 2002) • Technical Advice Note 12 (Design) • Brecon Beacons National Park Authority Guidance Document on Extensions and replacement Dwellings

There are no nearby neighbouring properties that could be affected by this development proposal either through overlooking or through overshadowing.

The site is identified by the constraints check as falling within a gas pipeline buffer, comments derived from the HSE state that they do not consider a refusal on health and safety grounds to be pertinent on this application.

Comments received from Powys County Council environmental health have no objections, however they identify the site lies within 50 metres of a contaminative use, namely unknown filled ground. Their recommendation is that a condition and informative are attached to any grant for approval. However, given that the proposed development does not involve the creation of new foundations or alterations to a site, which has already been developed it is considered that this would not be reasonable. The wording of the condition suggested is not precise and is ambiguous. Clarification verbally provided by the EHO in relation to this condition type is that even though it is known that the land is not contaminated it is recommended in order to play it safe. On the basis that it fails to meet the six tests as laid out in Welsh Office Circular 35/95 the use of such a condition is consider unacceptable.

Summary of issues

The main considerations in this case are the principle of development, the visual impact within the built environment and highway safety.

Principle of Development

Planning Guidance note on policies ES26 and ES27 relating to the replacement of dwellings and extensions to dwellings in the countryside approved in March 2007 identifies under paragraph 7 that bungalows are not a traditional form of dwelling in rural areas.

When an application is submitted for the replacement of a bungalow by a two storey dwelling it would be expected that there is an increase in the footprint of the original dwelling. The onus is on the applicant to illustrate that there will be no harmful intrusive impact in the landscape through the increased height and mass of the new dwelling.

As covered under “design”, the proposed dwelling will not have a detrimental impact

Page 6 of 105 ENCLOSURE 5 upon the landscape. Whilst the conservatory extension does extend the foot print of the existing dwelling the increase is not considered so excessive to recommend a refusal in this instance. In addition as the conservatory is below 40 cubic metres in volume it would actually be permitted development if constructed prior to the proposed first floor extension. The conservatory is to the southeast elevation which in this position will provide passive solar gain to the dwelling which supports the sustainability of the dwelling.

The proposed development will be in excess of 30% of the total volume, an increase in size which is generally not accepted on dwellings outside of the development boundary. However, as identified in the guidance on extensions and replacement dwellings, a bungalow is looked upon more flexibly, thus allowing for a larger increase in its total volume than normally allowed.

On balance it is considered that the proposal would be acceptable in terms of principle and would comply with criterion ii) of UDP policy G3 and policies ES26 and ES27.

Design

Policy G3 (iii) aims to ensure that development is appropriate in scale, design, layout and use of materials to its surroundings.

The design has been the subject of pre-application negotiations the result is as submitted to date. The proposed development is for the creation of a first floor on the footprint of an existing bungalow, with a replacement porch and proposed new conservatory extension to the rear. The creation of the first floor will create a structure more visible from public vantage points. However it will not create an overly dominant and intrusive element within the landscape. It is considered that the proposed development will not detract from the rural/urban town quality.

The proposed materials will reflect that of similar properties within the area and other than the front and patio doors which are already existing uPVC the proposed windows will be maintained as wood. The style is also sympathetic to the character of buildings atypical within the park and the area.

The agent argues that bungalows do not represent a traditional dwelling type and that its replacement with a two storey dwelling atypical in character to existing styles within the park is a more sustainable use of the land and an enhancement to the character and appearance of this area.

On balance it is considered that the proposal whilst of a larger design does reflect that of styles of properties within the area and would not create a detrimental impact to the landscape or built environment to constitute a refusal in this instance. As such the proposal is considered to comply with criteria of policy G3, G6 and ES27 of the UDP and relevant local plan policies and national guidance.

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Highway Safety

Policy G3(vii) and (ix) aims to ensure that adequate parking and turning facilities will be provided and that a proposal will not have an unacceptable impact on road circulation or highway safety.

Comments from Powys County Council Highways Authority initially state that the proposed development will have a detrimental impact upon highway safety and that the application should be refused. It was considered on the basis of the submitted details that whilst it was unlikely that a vehicle could enter and exit the site without carrying out extensive manoeuvres it could still be achieved. During the case officers site visit, the applicant was witnessed turning the car on site in order to leave in a forward gear. After further discussions and PCC highways carrying out a site visit views were altered to seeking an amended scheme to demonstrate that parking and access and egress could be carried out in a forward gear. This was identified to the agent who has provided an amended parking and turning layout, which clarifies that a vehicle could enter and exit the site in a forward gear. The amendments do not alter the access point onto the highway, which remains as existing.

As such it is considered that the proposed onsite parking and turning facilities would be adequate for the proposed development and would not have a significant detrimental impact on highway safety. With due regard to PCC highways latest comments and the amended layout scheme, officers do not consider there to be any further issue with highways safety. The proposal is therefore considered to comply with policy G3 of the BBNPA UDP.

Conclusion

On balance it is considered that the proposed development would not have a significant detrimental impact on the character of the either the landscape or the built environment. With regard to highways amendments have been provided which overcome highways objections to the proposal. Officers are therefore of the view that the development proposed complies with the relevant criteria of policy G3, G6 ES26 and ES27 of the BBNPA UDP and relevant policy of the local plan. As such the proposal is hereby recommended for approval.

RECOMMENDATION: Permit

Conditions and/or Reasons:

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Authority. 3 The development hereby permitted shall be constructed entirely of the materials, namely hardwood windows and conservatory, rendered walls, concrete tiles (re-salvaged) details of which are shown on plan number NP9v1 4 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking, amending and re-enacting that Order) no development of the types described in Part(s) 1 Class(es) A, B, C, D of Schedule 2, other than that hereby permitted shall be carried out without the written permission of the Local Planning Authority.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 In the interests of the visual impact on the character of the area and in order to ensure a more sustainable form of development 4 In order to safeguard the character and visual amenities of the locality.

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ITEM NUMBER: 2

APPLICATION NUMBER: 10/04410/FUL APPLICANTS NAME(S): Melin Homes Limited SITE ADDRESS: Land North Of Allt View Bwlch Brecon Powys LD3 7HJ GRID REF: E: 314639 N:222447 COMMUNITY: Llanfihangel Cwmdu DATE VALIDATED: 2 February 2010 DECISION DUE DATE: 30 March 2010 CASE OFFICER: Mr Jonathan James

PROPOSAL Change of use of agricultural land, to provide rural exception affordable housing scheme comprising 8 dwellings and associated infrastructure ADDRESS Land North Of Allt View, Bwlch, Brecon

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CONSULTATIONS/COMMENTS Consultee Received Comments

Brecknock Access No comments received Group Brecon Beacons Park 9th Mar 2010 Comments Beacons Park Society: The primary Society statutory purpose of the National Park is to conserve and enhance its natural beauty, wildlife and cultural heritage, the policy for delivering affordable housing does not accord with this purpose; Concern over the use of green field land; Exception sites cause excessive spread of housing over the countryside; Settlement boundaries should be strictly preserved to protect the character of the settlement and the natural beauty of the countryside, its wildlife and food security; Affordable housing should be provided using previously developed land; The reliance on developers of sites of 3 or more houses for delivery of affordable housing has resulted in dormitory estates, this is contrary to strategy in the UDP of "the need to ensure that development does not solely encourage and satisfy externally derived demand unrelated to economic and social needs of the resident population"; The current price of land within the settlement development boundary is too expensive for affordable housing, suggest a levy on all private development, this would result in a decrease in land price, the money could then be used to purchase land for affordable housing needs without adverse impact on the National Park landscape. Countryside Council 5th Mar 2010 Does not object to this proposal, however does For Wales make recommendations and observations in order to minimise possible impacts. Recommends leaving longer length of hedgerow in front of properties 1 and 8, as far as is practicable from a highways point of view. The design of the houses and the extensive planting would appear to mitigate much of the potential landscape impacts. Site is approximately 1.7km from Buckland Coach House (SSSI) which forms part of the Usk Bat Sites SAC. CCW do not believe that the hedgerow to be severed in this application is of major significance to the lesser horseshoe bats from the Usk Bat Site SAC. Support to reduction of lighting levels to rear of properties and the planting of the wooded strip.

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Cwmdu And District 2nd Mar 2010 Comments discrepancy in dates in responding to Community Council consultations; traffic congestion, road is narrow with 60mph speed limit, road is dangerous; this is exacerbated by school bus pick up and drop off point; why is no traffic assessment required; insufficient barrier between existing residential properties and proposed recreation area; council objects to misleading statements within affordable housing statement; the community council is in favour of affordable housing and in favour of open and transparent decision making which has not happened on this site; site was pre-selected in October 2006; public meetings were then held in 2007 and 2008 to try and identify the possible affordable housing sites; not until 2009 that council was informed that current site was the only available Dwr Cymru Welsh 16th Mar 2010 Recommends conditions and advisory notes are Water (Hyder included within any consent granted. Conditions Consulting) relate to foul and surface water discharge to be drained separately from site; no building within three metres of public sewer that crosses the site. Environment Agency 1st Mar 2010 No objections to this proposal; EA generic Wales information note for developers applies; Health And Safety 1st Mar 2010 Does not advise against the development Executive NP Affordable 3rd Mar 2010 There are six settlements in that Community Housing Officer (Mr T Council area but three of them have no Council Flynn) stock and therefore would not appear on the waiting list. Tretower has only four council properties and these are rare in coming vacant, hence no waiting list there at present.

These figures have to be taken in conjunction with the Local Housing Needs Survey conducted by the RHE. Comments are required from David James. Over all I am confident that these will show adequate need for Affordable Housing in the Community Council area.

Additionally the Local Housing Market Assessment, the emerging policy evidence base document, suggests a need for the "Crickhowell Border Market area" (into which this Community Council area comes) of 46% affordable housing, i.e some 62 new homes in the plan period.

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A Unilateral Agreement is an acceptable approach as it respects the fact that Housing Associations are, by definition and regulation, providers of affordable housing in perpetuity.

NP Ecologist 31st Mar 2010 Comments - satisfied with the methodology used and the conclusions drawn from the thorough Extended Phase 1 Habitat Survey; satisfied that the site is of low value for wildlife within a regional and local context, and that no statutory designated sites or national important habitats will be significantly affected. As such the proposed development is compliant with BBNPA UDP policies Q1, Q2 and Q3. In combination with the landscaping schemes the proposed additional biodiversity enhancements if secured through the planning system would enable the BBNPA to discharge their duty under Section 40 of the NERC Act 2006. Further design details can be provided subject to condition.

Recommends conditions be imposed in relation to enhance commuting and foraging opportunities for bats; methodology and timing; and bat roost opportunities.

NP Head Of Strategy 15th Apr 2010 It is considered that the proposed development And Policy meets the provisions of Policy ES30; the site adjoins and forms a logical extension to the settlement boundary of Bwlch; a local need has been proven, there is an identified need for affordable housing throughout Powys, a local housing need survey has identified a local need. There are no available sites within the settlement boundary of the community council area that could deliver this number of affordable units. The RHE with representatives of the community council also carried out an assessment of all possible exceptions sites in the community. This site, whilst not the only site that could accommodate affordable housing, is suitable, acceptable in principle and available. The housing will be provided by a registered social landlord to be affordable in perpetuity and let via a local lettings policy.

Turning to planning obligations, it would appear that the provisions of the Planning Obligations Strategy

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have been met by the applicants in all but the confirmation that education contributions are or are not required. Despite assertions by the applicant that they have made attempts to discuss this issue with the relevant Unitary Authority, evidence does not appear to have been provided to demonstrate that the issue has been raised with the Director of Education at Powys County Council. It is considered that should the Authority recommend granting planning permission the applicant undertakes to obtain confirmation from the Director of Education as to whether or not an education contribution is required. Powys County No comments received Council Building Regulations Powys County 17th Feb 2010 Ordnance survey maps indicate that part of the Council proposed development site is within 250 metres of a Contaminated Land proposed historic land use, that is landfill. This is a potentially contaminated land use. Recommends condition is imposed relating to potential land contamination. Powys County 11th Mar 2010 The Authority holds no historical flooding Council Drainage information of the site. Surface water shall discharge to soakaway systems designed and constructed in accordance with BS EN 752-4 or BRE Digest 365 Soakaway design (SUDS). The Authority would encourage the adoption of surface water control techniques whereby attenuation to the 100 year standard is achieved whilst limiting continuation flow to the existing 1 in 1 year Greenfield run-off for the connected impermeable areas. Powys County 25th Feb 2010 Comments this proposal is acceptable in principle Council Highways two issues require amendment:- size of turning head spur; road improvements, taper and footpath. Powys County 11th Mar 2010 Considers that the proposal is acceptable in Council Highways principle and the submitted layout detail is largely correct, although two issues require amendment:- alterations to the turning head; amend alignment of the highway along boundary of the site to taper at 1 in 40; and consider link footpath on opposite side of the highway fronting Coed-y-Bryn Powys County No comments received Council Waste Management Rural Housing Enabler 7th Apr 2010 Comments that the extant survey is likely to under

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represent the actual housing need and has no doubt that although the survey is nearing five years old the identified need has not diminished. This is confirmed by figures produced by the Local Government Data Unit Wales in 2009 which predicts that 23 households are in need of affordable housing in the Cwmddu and District Council Area. Therefore a conservative development of 8 affordable homes for local people is fully justifiable and quantifiable.

Despite the recession access to home ownership for a local person in rural Powys has become worse. The amount of deposit required for first time buyers has increased and lenders are no longer offering large mortgages. The result is 60% of young working households living in Powys are priced out of purchasing a typical 2-3 bedroom house in the county, of which there are very few available. If the remaining services are to survive in rural communities there must be development of affordable homes. In the case of Bwlch which has a bus service, shop and post office, pub and village hall, building 8 affordable homes in the village will make the difference to long term sustainability of the village as a community. Wales And West 19th Feb 2010 Provides general conditions to be observed for the Utilities protection of apparatus and the prevention of disruption to gas supplies and a map of the pipes owned by Wales and West utilities within the area.

CONTRIBUTORS Elaine Harries, Yr-Hen-Ysgol, Cathedine Terry Sinnett, Ty Seren, Bwlch G Davies, 3 Allt View, Bwlch M And M Farley, 5 Allt View, Bwlch Mrs E Milner-Price, 5 Coed Y Bryn, Bwlch R D H Jackson, Howard's Way,, Bwlch, P Harris, 25 North Salts, Rye Mr John Wallis, Hiraeth, Bwlch

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

Objections have been received to this application; the following is a summary of the responses:

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 The red outline crosses land not in applicant’s ownership; certificates incorrectly served; There is no scale rule on the drawings;

 Is design in-keeping with existing local properties; Is design acceptable in National Park; Impact on views and landscape; Tourist implications because of this;

 Environmentally disastrous, lies in catchment of River Llynfi, near SSSI;

 Destruction/loss of farmland;

 The users of the recreation area will cause an annoyance to the existing residential dwellings; The proposed two metre high fence will prevent access for maintenance of hedgerow;

 Why is there no traffic assessment; Highway safety issues; Narrow access road; Concerned about impact on pavement along B4560, how will bank adjacent to neighbouring property be shored up and stabilised; Increase in traffic will have negative impact; Width of road on either side of the development, B4560 widened at access point but tapered either end – speed limit 60 mph, exacerbate congestion at this point; Conflicts with school bus pick up and drop off point;

 Major developments should not take place in the National park except in exceptional circumstance; Site is not part of development plan (does not fall within the settlement development boundary); No local need; Against NPA’s main policies and ES11;

 If the development is not progressed this will not have a detrimental impact on local economy as there is no local economy; Bwlch not a village but a dormitory – has one pub, a village hall, a shop/post office, limited bus service; no employment in area;

 Lack of transparency and open decision making (due to the suggested site being the preferred site); 13th April 2007 members of Community Council, RHE and County Councillor looked at different sites around Bwlch for possible development; The site selection questionnaire is invalid; The site was already selected thus making the consultation with the Community Council and residents irrelevant;

 No affordable housing provided for on brown field sites; Needs can be accommodated within development boundary;

 Houses not necessary; Lack of need, out of date survey; Allt View not community preference, numerous objections by local residents, only one person in favour of this site; 2005 survey four and a half years out of date, unreliable,

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inaccurate;

 Would purchase preference be given to local people; Identified at community meeting at Bwlch village hall that houses not for local people;

 Development a waste of three quarters of a million pounds, is unsustainable; There are other sites that are better; Community council and residents accept need for affordable housing, but in right place and based on genuine local need;

RELEVANT POLICIES

G3: “Development in the National Park” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) Q1: “Sites of European Importance” (Unitary Development Plan 2007) Q2: “Sites of National 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) Q5: “Biodiversity and Development” (Unitary Development Plan 2007) S10: “Solar Energy” (Unitary Development Plan 2007) ES11: “Protection of Agricultural Land” (Unitary Development Plan 2007) ES28: “Provision of Open Space in Housing Sites” (Unitary Development Plan 2007) ES30: “Affordable Housing Outside Dvpt Limits” (Unitary Development Plan 2007) ES38: “Road Layouts and Open Spaces” (Unitary Development Plan 2007) ES39: “Boundary Features” (Unitary Development Plan 2007) ES40: “Traffic Calming” (Unitary Development Plan 2007) ES47: “Water Sewage Supply New Developments” (Unitary Development Plan 2007) H4: “Notifiable Installations” (Unitary Development Plan 2007) LPG1: “Conformity.” (Local Plan 1999) LPG2: “Allocation of Land for development.” (Local Plan 1999) LPG3: “Development in the National Park.” (Local Plan 1999) LPG7: “Design and energy conservation.” (Local Plan 1999) LPG8: “Accessibility and safety.” (Local Plan 1999) LPCL3: “Wildlife and landforms.” (Local Plan 1999) LPCL4: “Wildlife and landforms.” (Local Plan 1999) LPCL5: “Wildlife and landforms.” (Local Plan 1999) LPCL6: “Wildlife and landforms.” (Local Plan 1999) LPCL7: “Wildlife and landforms.” (Local Plan 1999) LPCB10: “Open space in settlements.” (Local Plan 1999) LPH5: “Affordable housing.” (Local Plan 1999) LPAG1: “The protection of agricultural land” (Local Plan 1999) LPR5: “Estate roads and access to properties.” (Local Plan 1999) LPR6: “Estate roads and access to properties.” (Local Plan 1999) LPPU4: “Energy Generation” (Local Plan 1999)

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PLANNING HISTORY App Ref Description Decision Date

There is no planning history for this site

OFFICER’S REPORT

Site Description

The site lies on the edge of the development boundary of Bwlch and is considered countryside as defined in the Brecon Beacons National Park Unitary Development Plan (UDP) and the Local Plan (LP, 1999). As identified within the current Unitary Development Plan Bwlch is a second tier settlement within the National Park settlement hierarchy. The village lies along the A40 trunk road, between Brecon and Crickhowell, at the intersection of the A40 by the B4560 highway from Llangors. Bwlch is located approximately 10 miles from Brecon, 6 miles from Crickhowell and 4 miles from Llangors.

The site area is 0.41 hectares and forms part of an agricultural field that lies to the north of the village and is bounded on two sides by existing mature hedgerow, with an existing tree adjacent the entrance point. To the south of the site are existing detached dwellings which form Allt View; the surrounding area could be described as open countryside. Access is currently through an existing farm gate at the southern point on to the adjacent highway, the B4560 which bounds the south east of the site. The highway at this point is quite narrow.

The site is clearly visible as you enter the village from the northeast heading from Llangors. The site would also be visible from surrounding vantage points although it will be back-dropped by the adjacent dwellings of Allt View.

The style and quality of existing residential units varies within the village of Bwlch. The use of materials utilised for existing structures varies from brick, render and concrete tile finished walls and concrete tile and slate roofs. A prominent style of dwelling within the village is a double fronted house; that is one, which has a central door with windows either side.

The site has been identified through the constraints check of this site as falling within the buffer zones of potential contaminated land and pipelines. Running across the site, along the south/southwest boundary is a public sewer, this restricts any new buildings being built 3 metres either side.

Objectors have suggested that the site is of special scientific interest (SSSI) and falls within the Llynfi catchment area. Neither of these constraints has been identified within the check on this site. The site however does fall within 1.5km of a designated SSSI.

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Proposal

The proposal is for eight affordable dwellings with associated infrastructure submitted by Melin Homes Ltd. Within the bounds of the site is provision for a recreation area and bounding the north and west sides it is proposed to have a green corridor. The provision of the new access point will create a more open area along the highway at this point.

Foul drainage will be to the mains sewer and surface water to a sustainable drainage system.

The proposal will involve some cut and fill to create a level area for the dwellings, the creation of a new access to the southwest of the site and a surfaced footpath running to the north/northeast of the site for disabled access. In order to create this development an existing right of way would require a diversion, although this would still be maintained running through this field.

Appraisal

This application has been assessed against policies G3, G6, Q1, Q2, Q3, Q4, Q5, S9, S10, ES11, ES28, ES30, ES38, ES39, ES40, ES47 and H4 of the Brecon Beacons National Park Authority Unitary Development Plan and policies G1, G2, G3, G7, G8, CL3, CL4, CL5, CL6, CL7, CB10, H5, AG1, PU4, R5 and R6 of the BBNPA Local Plan (adopted 1999).

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

• Planning Policy Wales (PPW, 2002) • Ministerial Interim Planning Policy Statement 01/2006 – Housing (2006) • Technical Advice Note 1 (TAN 1) – Joint housing land availability studies (2006) • Technical Advice Note 2 (TAN 2) – Planning and affordable housing (2006) • Technical Advice Note 6 (TAN 6) – Agriculture and Rural Development (2000) • Technical Advice Note 12 (TAN 12) – Design (2009) • BBNPA Planning Obligation Strategy (2008) • BBNPA Affordable Housing Guidance Note (2008)

The site the subject of this application is outside the development boundary of

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

Comments have been received suggesting that there are issues relating to the position of the red line and land ownership. However, a more detailed plan has been provided which shows the site and its visibility splays fall within land which is under the ownership of either the landowner of the field and the highways authority; both of whom have had notice served on them. This is therefore not considered an issue. Comments have also been received regards the provision of a scale rule on the plans. Plans provided carry the scale to which they have been produced, therefore this is not considered an issue.

Policy G3 criteria (xi) and G6 (vi) of the UDP requires adequate consideration is given to those with limited mobility, for example wheelchair users, elderly people and people with young children in the design and layout of the development and ensuring adequate provision for people with disabilities with existing routes through inclusive design principles. The proposed dwellings will be built to provide accessible homes for all, that meet inclusive design requirements. Pedestrian access is also provided from the development into the village. Brecknock Access Group have been consulted and no comments have been received, as such it is considered that the access to, from and within the site is acceptable. It is therefore considered that the proposal would be compliant with policy G3 and G6 of the UDP and relevant Local Plan policy.

Policy G3 (viii) aims to ensure that proposed development is supported by adequate existing services. Policy ES47 indicates that development will only be permitted if adequate water and sewerage infrastructure exists or can be provided without detriment to the local environment, where appropriate the NPA will impose a planning condition or obligation to ensure that adequate services are available. It is proposed that sewerage will be dealt with through the existing mains sewer system within the area. Comments received from the relevant authority Dwr Cymru/Welsh Water offer no objections. However, conditions are required in order to safeguard the integrity of the existing public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment. Officers are therefore satisfied that an acceptable foul drainage system can be provided through conditions, as suggested by Dwr Cymru/Welsh Water. It is therefore considered that the proposal would accord with policies ES47 and G3 (viii).

Comments have been received from the land drainage authority who recommend that surface water should be discharged to a sustainable drainage system. The details supplied in support of the application clearly identify that the proposed drainage will be to a sustainable urban drainage system (SUDS). In order to secure its implementation, management and maintenance it is considered appropriate to impose a planning

Page 20 of 105 ENCLOSURE 5 condition to that effect.

The site has been identified as falling within potentially contaminated land and comments received from PCC land contamination officer have requested a condition be imposed that if evidence of contamination is found in or around the development a report on potential contamination shall be prepared and approved. As part of the submission under appendix A.8 an intrusive site investigation was carried out by Terra Firma. The executive summary clarifies that the land is not contaminated. It is therefore considered that it would be unnecessary and unreasonable to impose such an imprecise condition in relation to this development.

Issues of the Case

It is considered that the main issues of this case are:

• is the principle of this type of development acceptable here and is there a recognised need for affordable housing in the area; • will the proposal have a detrimental impact on highway safety; • will the proposal have a detrimental impact on the amenity of neighbouring properties; • will the proposal have a harmful impact upon the character of the landscape and village; • will there be an unacceptable loss of good quality agricultural land; • will the proposal create a detrimental impact upon protected species and biodiversity.

Housing Requirement

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

A housing needs survey was carried out in the Llanfihangel Cwmdu, Bwlch, Cathedine with Tretower communities in July 2005 and report published in March 2006. The survey achieved a response rate of 35%, the results of the survey identified that some 9 to 10 households in need of affordable housing.

The survey identifies that any new properties offered should be approximately a fifth for single occupancy and the remainder for couple or family occupancy. Based on the expressed need, two thirds of properties should be one to two bedroom and third three bedroom or more. The scheme offers six two bedroom properties and two three bedroom properties; it is considered that this is reasonable against the needs identified.

Correspondence objecting to this proposal suggests that major developments should not take place in the National Park except in exceptional circumstance. They suggest that the site does not form part of development plan that is it does not fall within the

Page 21 of 105 ENCLOSURE 5 settlement development boundary and that there is no local need. Further, no affordable housing has been provided for on brown field sites where needs could be accommodated within development boundary.

The 2005 survey is four and a half years out of date, unreliable, and inaccurate and Allt View is not the community preference. There are numerous objections by local residents and only one person in favour of this site. Objectors suggest that there are other sites that are better. The Community Council and residents accept the need for affordable housing, but in the right place and based on genuine local need.

Comments received from the joint NPA and PCC Affordable Housing Officer identifies that ultimately guidance will need to be taken from the Rural Housing Enabler (RHE) however, the survey and figures for this area are likely to show sufficient need for Affordable Housing in the Community Council area. Additionally the Local Housing Market Assessment, the emerging policy evidence base document, suggests a need for the "Crickhowell Border Market area" (into which this Community Council area comes) of 46% affordable housing, i.e. some 62 new homes in the plan period.

Comments have also been received from the RHE that identify that a local housing needs survey was conducted in the Cwmdu and District Community Council area in July 2005 and with a 35% response rate 19 households identified themselves in housing need. A Mr. Ed Swires-Hennessey, who is one of the most respected statisticians in Wales, came and spoke at a public meeting in Bwlch in 2008 and explained to those in attendance that the survey was likely to under-represent the actual housing need, because 65% of those surveyed did not respond. Although the survey is nearing five years old, there is no doubt that the identified need has not diminished and is highly likely to have increased. This fact is confirmed by figures produced by the Local Government Data Unit Wales in 2009, which predicts that 23 households are in need of affordable housing in the Cwmdu and District Community Council Area. Therefore it is considered that a conservative development of 8 affordable homes for local people is fully justified and quantifiable.

Although not directly related to this application, the RHE has brought to the NPA’s attention of recent trends that RHE’s have been experiencing in England where they have been in post a lot longer than in Wales. As more and more rural affordable housing development has taken place, response rates to surveys have increased and as a result indentified housing need has increased as well. In a number of areas where successful rural affordable housing schemes have been completed, the community councils have re-surveyed the residents in their communities and despite new homes being built, the housing need in the follow-up surveys has been more than the initial survey. This is attributable to people realising there is an actual chance of affordable housing being developed. It is the intention of the RHE to undertake a re-survey in Crickhowell in order to research this precedent and it is expected that the number of people who will identify themselves in need there will be significantly more than the 64 identified in the first survey, despite 24 additional affordable homes being built.

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The RHE further identifies the recession’s impact on Local Housing Market and states - "The volatility in the housing market has been well documented in the British media, but sensationalist reporting at a national level does not take into account the complexities of the housing market or detail what people are experiencing at a local level, such as in South Powys. Despite the most remote areas experiencing a drop in house price, villages with good access to the road network and some minor services have actually bucked the trend and have continued to show house price increases, albeit not as significantly as before the market collapsed. One of the reasons for this is demand – over half of the urban population would like to move to the countryside according to government figures. So despite the recession access to home ownership for a local person in rural Powys has not improved it has actually become worse. The amount of deposit required for first time buyers has increased and lenders are no-longer offering mortgages of up to 7 times income, 3.5 times being the norm. What this has meant in South Powys is that young families are having no choice but to rent privately if they want to remain in the area, and rents are as high as taking out a mortgage on an equivalent property in an urban area such as Blaenau Gwent. 60% of young working households (20-39 year olds) living in Powys are actually priced out of purchasing a typical small two or three bedroom house in the county, of which there are very few available".

The RHE indicates the results of the 2011 Census should confirm what is obvious as you travel through the villages of South Powys and that is that there is a significantly aging population and an ever decreasing number of young people. If we want the few remaining services to survive in rural communities there must be development of affordable homes. In the case of Bwlch, which has a bus service, shop and post office, pub and village hall, building 8 affordable homes in the village will make all the difference long term to the sustainability of the village as a community. As previously identified a conservative development of 8 affordable homes for local people in Bwlch is fully justified.

Officers consider that the provision of these units here would positively add to the range of affordable housing options within the area attracting families to stay where they might have otherwise had to move away from an area. Officers are therefore satisfied that the survey constitutes clear evidence of the affordable housing requirement within the Crucorney area and that there is other supporting data such as the figures produced by the Local Government Data Unit Wales (2009) and the Local Housing Market Assessment.

Impact on highway safety

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

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Concerns have been raised from local residents and the Community Council with regard the narrow stretch of highway which bounds the side of the site and impact the increase in traffic movement will have. The question has been asked as to why there is no traffic assessment? And concern raised about impact on pavement along B4560, how will bank adjacent to neighbouring property be shored up and stabilised; the increase in traffic will have negative impact; high speed limit 60 mph conflicting with pedestrian users; the increase in traffic will exacerbate congestion at this point and conflict with school bus pick up and drop off point.

The site is accessed via a single carriageway road (B4560) which runs along the east boundary of the site from Llangors. The highway connects with the A40 trunk road in the centre of Bwlch, the main highway to between Brecon and Crickhowell. The length of carriageway, is a single highway, and is restrictive in its width.

Comments from the Local Highways Authority raise no objections in principle however they have identified issue with the degree of taper of the alignment of the highway forming the visibility splay and the size of the turning head. They have also commented on the provision of a footpath on the opposite side of the highway in front of Coed-y- Bryn. These comments have been expressed to the applicant/agent and amendments received. Due to the scale of the amendments no further reconsultation was required necessary.

The provision of the access to these units will create a more open highway along this stretch of road, having a widening effect. Whilst the speed limit is currently 60mph an extension of the 30mph speed restriction would be supported by highways (reference email from PCC Highways dated the 16th September 2009 that clarifies support for a speed limit extension, although the developer will cover the cost) and it is considered likely to be incorporated. It is therefore considered with regards to this stretch of highway that the proposed development would be more likely to have an enhancement on highway safety.

As no objections have been received from highways in relation to this development the proposal is considered to comply with the relevant local and national policies.

Impact on neighbours

Policy G3 (v) (x) aims to ensure that new development does not have a detrimental impact upon the amenity of an area, adjacent properties or the general public. There are residential properties to the south – southwest (Allt View) which are directly adjacent to the sites boundary.

Comments received objecting to this proposal suggest that users of the proposed recreation area will cause annoyance to the existing residential dwellings. As part of the assessment of this site officers have given due regard to the potential for overlooking and overshadowing by the proposed development on the adjacent dwellings.

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Issues relating to the impact on neighbours have been taken into consideration by the applicant/agent in the design process. This is in accordance with good design principles as identified in TAN 12, which identifies that development needs to respond to its relationship with its surroundings.

The dwellings that form Allt View, which are the nearest units likely to affected by this development sit at a raised level above this site. The finished floor level of the proposed dwellings will be approximately 2 two metres below that existing on Allt View. The dwellings that are closest on the proposed development are plots 1 and 2, whose gables are directed at Allt View, thus removing any habitable rooms and their windows from looking in this direction. The distance from elevation to elevation of Allt View and plot 2 is 26.1 metres and plot 1 is 30.4 metres.

The gable elevations do not support windows for habitable rooms, although there are windows to the proposed gable of plot 2 which provides light to the hall and landing.

As identified above, these proposed houses will be set at approximately 2 metres below the existing dwellings and at a distance over 26 metres horizontally away. It is generally accepted that a distance of 21 metres between habitable rooms is an acceptable standard to protect the residential amenities of existing and future occupiers.

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

The recreation area is overlooked by the proposed dwellings, which meets with secure by design requirements to create secure open spaces. Concern has been raised by residents that a recreation area in this location will cause nuisance to existing dwellings. Whilst children at play can be boisterous it is considered that such activities are unlikely to lead to excessive nuisance to the existing residential dwellings.

Impact on views has been raised as an issue here. It is considered that the proposal may lead to a limited loss of view for the existing dwellings; however, this is not a material planning consideration and would not support a recommendation for refusal. Equally, the potential effect on property values would also not be considered a material planning consideration.

Officers consider that there would not be a detrimental impact on the privacy of neighbouring dwellings or an overbearing issue. Officers therefore do not consider that the proposals will have a significant detrimental adverse effect on the amenity of the area, adjacent properties or the general public and consider the proposal to comply with policy G3 (v) (x) of the UDP.

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Impact on character and appearance of the area

Policy G3 (i) (iii) (iv) aims to ensure that proposed development will not have an adverse impact upon the beauty of the National Park, is appropriate to its surroundings and is integrated into the landscape through appropriate planting. Policy G6 (ii) expects proposed development to sustain and enhance character and townscape.

Concern has been raised at the impact this proposal would have on the character of this part of the National Park and queries raised at whether the design of the dwellings are in-keeping with the existing dwellings. The proposed development will have a detrimental impact on views and the landscape and because of this detrimental impact will have a knock on negative effect on tourism.

As identified above the applicant/agent has had due regard to the context of the built environment within the area. Within the planning statement the agent has provided photographs of typical dwellings within the vicinity of the development site, which show a variety of styles, designs and materials used. The design of the proposed houses to plots 1 and 8 relates well to the more typical style of dwelling that is the double fronted house; equally the designs of plots 2, 3, 6 and 7 also relate well to modern style of dwelling of Allt View and Coed-y-Bryn. Whilst it is acknowledged that bungalows (plots 4 and 5) are not a sustainable use of land in terms of their footprint, they do offer appropriate accommodation for persons with limited mobility to manage staircases. The provision of these units here though does provide an inclusive designed development, thus enhancing the sustainability of the community.

This is in accordance with good design principles as identified in TAN 12, which identifies that development needs to respond to its relationship with its surroundings and to create a sustainable development, which goes beyond aesthetics and includes the social aspect of development as well. PPW emphasises that the principles of inclusive design places people at the heart of the design process, acknowledges diversity and difference, offers choice where a single design solution cannot accommodate all users, provides flexibility in use and provides buildings and environments that are convenient and enjoyable to use for everyone.

The development is to incorporate solar panels within design and will utilise materials which are common place within the village of Bwlch. The proposed landscaping scheme to the north and west of the site, creating a mixed green border, will soften the transition between the development and the adjacent countryside. The boundary adjoining the highway is currently made up of an existing mature hedgerow, whilst there will be a substantial loss of hedgerow here, where possible the existing hedge will be translocated. The inclusion of the trees and hedges will add to the current foraging opportunities for biodiversity of the area and will also screen the development within the landscape.

The proposed works will have a minimal impact on the rural character of this area. The design has been developed through negotiations with officers of the National Park

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Authority to arrive at the current proposal. The scheme when taken in context with the existing styles of the village is considered acceptable for this area.

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

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

Loss of agricultural land

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

Objections consider this development to create an unacceptable loss of agricultural land and that the proposal is contrary to policy ES11. Planning Policy Wales (PPW) states that, “in the case of agricultural land (grades 1, 2 and 3a) shall be conserved as a finite resource”.

The site is designated grade 3 and grade 4 land by the indicative agricultural land classification maps of England and Wales. Farming activities appear to be predominantly for maintaining the land for grass for stock. The proposed development will use approximately 0.4 hectares of land. On balance, it is considered that a proposal for affordable housing here outweighs the harm such a development would have relating to the minimal loss of agricultural land in this instance.

Ecological impact

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

Objections received from local residents suggest that the proposed development will have a disastrous affect on the environment and will impact upon the SSSI.

A substantial biodiversity survey has been carried out, by Hawkeswood Ecology, on this site and submitted in support of the application under appendix A.4 of the application

Page 27 of 105 ENCLOSURE 5 pack. The NPA ecologist has reviewed the Hawkeswood Ecology Extended Phase I Habitat Survey (November 2009) and the supporting designed drawings and makes the following comments and recommendations.

The NPA is satisfied with the methodology used and the conclusions drawn from the thorough Extended Phase 1 Habitat Survey, that the site is of low value for wildlife within a regional and local context, and that no statutory designated sites or national important habitats will be significantly affected. As such the proposed development is compliant with BBNPA UDP policies Q1, Q2 and Q3.

The assessment of impact on commuting bats, notably lesser horseshoe is accepted, and the mitigation proposals to reduce this effect as detailed in Section 9 of the Hawkeswood Ecology report (November 2009) supported. The mitigation measures, including the planting of a continuous wooded strip around the western and northern site boundaries will maintain habitat connectivity for commuting and foraging bats. In addition it is proposed to keep this wooded corridor as a ‘dark route’ by the restrictive design of external lighting to the rear of the properties. It is to be commended how the ecological consultants and the architects have worked in a collaborative manner, as shown on Design Drawings NP3v1 and NP7v1, to provide an effective design which satisfies the recognised ecological constraints. The NPA considers that, in doing so the proposal satisfies BBNPA UDP policies Q4 and Q5 and the recent guidance in TAN 5 (2009).

The proposed translocation of the sections of hedge to achieve the visibility splay for proposed access is welcomed. It is acknowledged that this may prove impractical in this location, due to the low angle of the splay and the slightly elevated positioning of the northern section, and therefore a planting scheme is presented as a contingency. More detail will be necessary to determine the practicalities of the proposed translocation in the form of a construction method statement detailing the timing, methodology and aftercare.

The ecological consultants have also made recommendations regarding the use of specific species mixes for the tree and hedge planting proposals which are adequately defined on Design Drawing NP3v1. The specification of the grass and wildflower mix proposed for the hedge banks and recreation area is also welcomed. These additions, in conjunction with the native tree planting, will provide a level of biodiversity enhancement within the site, as recognised in Sections 9.5 and 9.6 of the Hawkeswood Ecology report (November 2009).

Additional biodiversity enhancements should be sought by including bat roosting opportunities in the roof structures of the proposed new houses. These opportunities could be easily installed by creating access points to the natural void spaces that will occur beneath the ridge tiles and behind barge/soffit/fascia boards on the proposed new properties. Access points can be created by omitting small lengths of mortar (100- 150mm) from beneath ridge tiles on the leeward side of the roof and/or creating 20mm by 200mm gaps behind barge/soffit/fascia boards on the rear or gable elevations of the

Page 28 of 105 ENCLOSURE 5 properties. In combination with the landscaping schemes these additional biodiversity enhancements if secured through the planning system would enable the BBNPA to discharge their duty under Section 40 of the NERC Act 2006. These design details can be provided through condition.

The NPA ecologist recommends should the NPA be minded to grant permission for the above application it is recommended that the following matters are suitably conditioned:

• The ‘dark route’ wooded strip to re-create and enhance bat commuting and foraging activity around the site as illustrated on Design Drawings NP3v1 and supported by drawing NP7v1 (lighting plan) are implemented in full.

• The planting mixes for the wooded strip, hedgerows, hedge banks and recreation area detailed on Design Drawing NP3v1 are implemented in full and are supported by an appropriate aftercare scheme to ensure successful establishment.

• No development should take place until a method statement to detail the timing, methodology and aftercare to achieve the hedgerow translocation for the site access has been submitted for the approval of the BBNPA. The translocation should be fully implemented in accordance with the agreed scheme.

• No development should take place until a scheme of bat roost opportunities has been submitted for the approval of the BBNPA. The bat roosting opportunities should be fully implemented in accordance with the agreed scheme.

Officers therefore do not consider that the proposals will have a significant adverse effect on the ecology and biodiversity of the area and are satisfied that enhancements and mitigation measures can and will be provided. As such, the proposal is considered to comply with policy G3 (i) (iv) and Q1, Q2, Q3, Q4 and Q5 of the Brecon Beacons National Park Unitary Development Plan.

Section 106 legal agreement heads of terms

Welsh Office Circular 13/97 (Circular 13/97) states that planning obligations should only be sought 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.

Biodiversity gains are proposed in the form of planting and bat roosting opportunities and the National Park’s Ecologist considers that these can be controlled by condition. By their very nature the proposed dwellings will be required to achieve Code Level 3 of the Code for Sustainable Homes in accordance with the requirements of MIPPS 01/2009 and TAN22; as such, the sustainability requirements are also met by this proposal.

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Powys County Council Outdoor Recreation department favours a contribution towards an existing playing area in the vicinity of the proposal. However, adequate amenity space is provided for each household and an appropriate recreation area is incorporated in the proposed site area. Negotiations have taken place between the Applicant and PCC Recreation Officer for the provision of a commuted sum for recreation facilities. A fee of £8,000, i.e. £1000 per dwelling, was requested to refurbish the existing play area. However, given the fact that additional recreation space for the Bwlch, which is to be maintained by the RSL, is provided for, a negotiated revised figure to £4,000 (ie £500 per dwelling) has been agreed. On balance this is considered an acceptable compromise which would enhance the quality of existing facilities accessible to future residents of the proposal and provide additional facilities for this area.

With due regard to the obligations required the use of a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) is considered the most appropriate method. Regard has been had to the guidance contained in Welsh Office Circular 13/97 Planning Obligations, PPW, and BBNPA development plans including the BBNPA approved Planning Obligations Strategy. It is considered that the provision of 100% affordable housing and an amenity/recreation space serving this development in association with the agreed commuted sum meets the requirements of guidance.

The following is a summary of the Heads of Terms:

The proposal is for a 100% affordable housing proposal submitted by a RSL, the qualifying persons, tenure and provision of 100% affordable housing in-perpetuity will be finalised through the necessary legal agreement.

The commuted sum is for £4000 towards the provision of recreational equipment on the existing facilities within the area (as agreed with the applicant, PCC recreation officer and BBNPA).

Conclusion

Consultees and comments received from objectors suggest there has been a lack of transparency and open decision making in terms of deciding the site location and that the site was predetermined prior to community consultation. However the comments also received recollect on the 13th April 2007 members of Community Council, RHE and County Councillor reviewing different sites around Bwlch for possible development. On the basis that in their view the site was preselected they consider the site selection questionnaire to be invalid. In their view as the site was already selected the consultation with the Community Council and residents was not relevant to the decision making process.

Under appendix A.3 of the applicant’s submission is a summary of the process that has been followed in order to determine potential sites within the area. A total of 26 sites

Page 30 of 105 ENCLOSURE 5 were identified within the two main settlements of the Cwmddu and District Community area with a total of 8 of these sites being identified as favourable. The sites went through further selection process and were reduced to four; two in Tretower and two in Bwlch. Following a survey of residents it was identified that none of the remaining four sites were preferred for affordable housing. Following further investigation of the four remaining sites only one was identified where the land owner was willing to sell the land for affordable housing development. That is the site before the committee today at land adjacent to Allt View.

It is fact that the proposal has gone through the required process in order to reach the position it is today. Whether the applicants had a predetermined preference on position prior to the submission of the application is not relevant when it is considered that a preferred site by any other party may not actually be available for development.

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

The creation of eight new dwellings here will provide additional growth to the area, homes for local families who would fundamentally support the existing services and facilities within the area. It would provide homes for families who historically, currently and in the future would otherwise struggle to secure a home within this area. It would provide housing which has been identified as required within the 2005 housing needs survey for the area, a survey which is still considered relevant today.

Provision of a commuted sum towards existing recreational facilities has been requested by Powys County Council Recreation Officer. However, the expected contribution levels are judged in accordance to a proven evidence of need; no evidence has been identified by PCC RO. Within the planning statement the applicant/agent has demonstrated their attempt to develop a planning obligation package with Powys; however no responses were forthcoming at the time. Provision for a recreation area within the sites boundaries has been designed in to the proposed development by the applicant/agent. As such it is considered that the applicant has reasonably offered a positive contribution to the provision of outdoor recreational space for the area.

As identified within PPW (2002) and MIPPS (2006) at paragraph 9.2.14 “a community’s need for affordable housing is a material planning consideration”. The proposal is considered to fundamentally meet the requirements of the relevant policies of the BBNPA UDP. Although the proposal is recognised to have an impact on the rural setting, national, regional and local requirements for affordable housing is considered to be an overriding need for this development and as such outweighs the potential harm in this instance.

In making a recommendation on this application, the National Park Authority has taken into consideration the relevant policies of the Development Plan, Regional and National

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Planning Guidance and the comments made by the consultees and other interested parties. It is considered to recommend approval subject to conditions and subject to the applicant entering into a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the provision of 100% affordable housing in perpetuity and a commuted sum towards existing recreational facilities.

RECOMMENDATION: Permit subject to Section 106 Agreement

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v1, NP4v1, NP5v1, NP6v1, NP12v1 rcvd 2/2/2010; NP9v2 rcvd 1/4/2010; NP3v2, NP7v2, NP8v2 rcvd 9/4/2010), unless otherwise agreed in writing by the Local Planning Authority. 3 No development shall take place until details and samples of materials to be used externally have been submitted to and approved in writing by the Local Planning Authority. Particulars shall include typical timber window and door detail and samples of the wall and roof finishing's including colours. Development shall be carried out in accordance with the approved details. 4 No development shall take place until details of the implementation; maintenance and management of the sustainable urban drainage scheme have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details. Those details shall include: 1. A timetable for its implementation, and 2. A management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable urban drainage scheme through its lifetime. 5 No development shall take place until a soft and hard landscaping and tree- planting scheme has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall specify details of the number, location, size, species and means of support and protection of all trees and shrubs and shall include an aftercare scheme to ensure successful establishment. The hard landscaping scheme shall detail the surface materials to be used including the provision of samples. Before any work on site is started, a programme showing the phasing of the landscaping shall be submitted to the Local Planning Authority and all landscaping/tree-planting shall not proceed otherwise than in strict accordance with the programme approved in writing by the Local Planning Authority and maintained as such in-perpetuity. Any trees or plants which, are removed or become seriously damaged, diseased or die shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority give a written consent to any variation.

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6 None of the existing trees and/or hedgerows on the site other than those specifically shown to be removed on the approved drawings shall be removed, destroyed, felled, lopped or pruned without the prior consent in writing of the Local Planning Authority. 7 No development shall take place until a method statement to detail the timing, methodology and aftercare to achieve the hedgerow translocation for the site access has been submitted for the approval of the BBNPA. The translocation should be fully implemented in accordance with the agreed scheme. 8 No development shall take place until a scheme of bat roost opportunities has been submitted to and approved in writing by the Local Planning Authority. The bat roosting opportunities shall be fully implemented in accordance with the agreed scheme and maintained as such in-perpetuity. 9 No surface water or land drainage runoff shall be permitted to discharge either directly or indirectly into the public sewerage system unless otherwise approved in writing by the Local Planning Authority. 10 Foul water and surface water discharges shall be drained separately from the site. 11 No development shall take place until details of the solar panels have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented before the development is first occupied and shall remain operational for the lifetime of the development unless otherwise agreed in writing with the Local Planning Authority. 12 No development shall take place until a detailed scheme of the implementation, maintenance and management for the recreation space (as shown on the site layout plan) has been submitted to and approved in writing by the Local Planning Authority. Prior to the occupation of the development the recreation area shall have been laid out in accordance with plans approved and implemented in accordance with the approved scheme. Development shall not proceed otherwise than in strict accordance with the scheme approved in writing by the Local Planning Authority and maintained as open recreation space in accordance with the management plan in-perpetuity.

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 complement with the surroundings, in the interests of the character of the area and built environment. 4 In order to secure the implementation, management and maintenance of the proposed sustainable urban drainage scheme. 5 In order to ensure that an appropriate and satisfactory scheme is implemented, maintained and managed in the interests of the character of the area and enhancement of foraging and roosting opportunities for protected species. 6 To safeguard the visual amenity of the area. 7 In the interests of the visual amenity of the area and for the enhancement and

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protection of bats foraging within the area. 8 In the interests of enhancement and protection of bats foraging and roosting within the area. 9 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. 10 To protect the integrity of the public sewerage system 11 In the interests of the visual impact upon the character of the built environment and to ensure a sustainable form of development. 12 In the interests of the amenity and visual character of the area.

Informative Notes:

1 Please refer to Environment Agency Standard Advice (enclosed) 2 If a connection is required to the public sewerage system, the developer is advised to contact the Dwr Cymru Welsh Water's Network Development Consultants on 01443 331155. 3 The development to which this permission relates is the subject of an agreement under, inter alia, Section 106 of the Town and Country Planning Act 1990. This permission should be read in conjunction with that agreement. 4 The applicant is reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) to remove or work on any hedge where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built. It is also an offence to take or destroy an egg of any wild bird even where that is done pursuant to lawful authority or requirement if the taking or destroying could reasonably have been avoided in carrying out the prescribed or authorised work on the hedge. The applicant is further reminded that Part 1 of the Wildlife and Countryside Act 1981 sets out the statutory protection which is afforded to wild animals and plants. Some animals are also protected under their own legislation (for example the Protection of Badgers Act 1992). 5 Please refer to Wales and West Utilities Ltd advice on general conditions to be observed for the protection of apparatus and the prevention of disruption to gas supplies (received 19/2/2010; enclosed) 6 With regards to water supply, the developer should contact Welsh Waters – New Connections Department, Players Industrial Estate, Clydach, Swansea, SA6 5BQ. Telephone 0800 9172652 for further information on this matter. The proposed development site is crossed by a water main with the approximate position being marked on the attached record plan. No development (including the raising or lowering of ground levels) will be permitted within the safety zone which is measured either side of the centre line. For details of the safety zone please contact Dwr Cymru Welsh Water’s Network Development Consultants on 01443 331155.

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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 the 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 July 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 t importance of the area for its historic environment component generally, the potential importance militarily of the army camp itself, and the suitability

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of the proposed mitigation for impact on the scheduled standing stone and it 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 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 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.

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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 is welcomed.

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 Field Archaeologists. On completion of site work and any post-excavation analysis a report on the investigation will be submitted to the Local Planning Authority and the Curatorial Section of the Clwyd- Powys Archaeological Trust for approval. Council For National 3rd Sep 2009 Objects as the development conflicts with the Parks statutory purposes of a National Park. It constitutes a major development and as such should be assessed against the advice in PPW. It density also conflicts with the principles of the National Parks 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 affordable housing numbers. Council For National 1st Sep 2009 Objects as the development conflicts with the Parks statutory purposes of a National Park. It constitutes a major development and as such should be assessed against the advice in PPW. It density also conflicts with the principles of the National Parks 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 although they question the appropriateness of concentrating such large development at a single site.

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Countryside Council 4th Aug 2009 Requesting extension of time. 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 8th Mar 2010 We would appreciate a response to our letter on For Wales 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 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

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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 26th Oct 2009 Question regarding whether Planning Obligation Council Strategy will be adopted in relation to Cwrt y Gollen site. Dwr Cymru/Welsh 30th Sep 2009 Sewerage - the proposed development would Water overload the existing public sewerage system. No 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. 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 objections in our letter dated 29.09.2009 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.

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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 July 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.

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 Tree Consultant 23rd Oct 2009 There is a suggestion that only A&B quality trees will 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

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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 will 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 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 obligation Council Development sought and justified by the individual services area 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 29th Sep 2009 No Comments. Council Environmental

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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.

Great 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 Authority are appropriate.

Also, see Powys CC Board response to the scheme from their meeting of 7th December, 2009 (attached as Appendix A to this report). 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.

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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) Powys County No comments have been received to date. Council Waste Management Rural Housing Enabler No comments have been received to date. Vale of Grwyney 21st July 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 July 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% 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

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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 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 heating for the development and that it would be

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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. 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 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 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 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

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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 AM, 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 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

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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 M. Jones, Chairman of Crickhowell Residents Co. Ltd., 39 Martell Way, Cwrt Y Gollen Mr M. Jones, on behalf of Martell Way Steering Group, 39 Martell Way, Cwrt Y Gollen Kirsty Williams AM, 4 Watergate, Brecon Roger Williams MP, 4 Watergate, Brecon Mr M. A. Reynolds, 15 Dan-Y-Gollen, Glangrwyney

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 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 area. The objectors do not want such an extensive development in the area.

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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 of 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

Page 50 of 105 ENCLOSURE 5 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 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 areas 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,

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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 running 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.”

Cllr. John Morris has also objected to scheme. His comments are included within the Powys CC Board response to the scheme from their meeting of 7th December, 2009 (attached as Appendix A to this report).

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 Facilities” (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)

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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) 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)

RELEVANT DEVELOPMENT CONTROL GUIDANCE NOTES ON AUTHORITY APPROVED UDP POLICIES - Policy ES29 & ES30: Affordable Housing (July 2008) - Best Practice in Biodiversity and Geodiversity Conservation in the Planning and Development Sectors - Planning Obligation Strategy – October 2008 - Guidance for Sustainable Design in the National Parks of Wales - October 2008 - Development Brief for allocated site C1 - Cwrt Y Gollen – September 2008

PLANNING HISTORY App Ref Description Decision Date

09/02984/FUL Construction of replacement Application 26th Aug 2009 indoor firing range Permitted

09/02985/FUL Conversion of former gas Subject to S106 chamber into bat habitat, inc.

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replacement roof

09/02986/FUL Conversion of former ammo Subject to S106 store into bat habitat, incorporating replacement roof

09/03091/TRE Reduce overall size by up to 20% Application 23rd Jun 2009 of 7 No. Plane trees covered by Permitted 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.

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.

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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 (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

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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)1.

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.

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Access and Transport

3.7  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;

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 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;

 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,

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“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.

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.

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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 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

Page 60 of 105 ENCLOSURE 5 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).

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),

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- 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 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 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.

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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. 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 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

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(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 • 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).

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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 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.

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

Page 65 of 105 ENCLOSURE 5 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.

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 and will be finally agreed at a later date through a Section 106 Agreement.

The Joint 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.

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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 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.

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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 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

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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 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

Page 69 of 105 ENCLOSURE 5 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 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

Page 70 of 105 ENCLOSURE 5 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 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),

Page 71 of 105 ENCLOSURE 5 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 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.

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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 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

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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.

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

Page 74 of 105 ENCLOSURE 5 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 £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

Page 75 of 105 ENCLOSURE 5 a kerbed pedestrian refuge, the imposition of a 4.5m x 215m visibility splay and additional street lighting 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.

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:

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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 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

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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.

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);

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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 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

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4) The number of pupils attending the school from outside Powys, by year group, and whether this pattern is expected to continue

The Education Dept. responded on the 23rd October, 2009 and concluded that:

“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.

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- 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 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

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£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) 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

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even if that school is within another authority. 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 numbers 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 preschool 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.

You may have forecast that the proposed development will produce far more children

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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 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

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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 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

Page 85 of 105 ENCLOSURE 5 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.

Officers were then made aware that a Draft Powys Secondary Modernisation Strategy was available (see Appendix E) in which it confirms that there are future projections of surplus spaces in secondary schools (25% of all places expected to be surplus to requirements in 5 years time at a cost of up to £2 million to the County), there will be a significant reduction in funding and pupil numbers have been falling in Powys since 2005 with the average year 7 (form 1) intake size reduced to 100 per school by 2015 (from 117 in 2009). Of the four models for modernisation put forward for further consultation, secondary education in Crickhowell High School will cease in model 1, it will become a Learning Centre for 11-18 year olds in Model 2, it will operate as one institution with Gwernyfed High School as a Learning Centre in model 3 and it will become a school for 11-16 year olds in model 4.

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;

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- 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 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 years 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.

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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 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.

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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 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 street lighting at the junction. These measures will significantly improve highway safety along the section of the site that front onto the A40. The developer will

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.

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

Page 89 of 105 ENCLOSURE 5 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 in line with a timetable to be agreed. 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

BBNPA Officers 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 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.”

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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 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:

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 Incorporation of more semi-natural areas and accessible natural green space 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 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.

CONCLUSION

Members will be aware of the requirements of Section 38(6) of the Planning and Compulsory Purchase Act 2004 which requires that proposals be determined in

Page 92 of 105 ENCLOSURE 5 accordance with the development plan unless material considerations indicate otherwise. 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 the following 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 a S106 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.

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

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.

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act1990.

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.

Reason: To enable the National Park Authority to exercise proper control over these aspects of the development.

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. Reason: Required to be imposed by Section 92 of the Town and Country

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Planning Act 1990.

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.

Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

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.

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).

Reason: 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 Prior to the commencement of development, a detailed remediation scheme to

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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 discovered when carrying out the approved development, it must be reported in writing to the Local Planning Authority immediately. A further investigation and

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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

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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.

Reason: In the interest of highway safety.

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.

Reason: In the interest of highway safety.

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 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 Reason: In the interest of highway safety.

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

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until a scheme for foul drainage has been completed.

Reason: 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 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. Reason: 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 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.

Reason: 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 Land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system.

Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment.

20 No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water regulation

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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.

Reason: To prevent the increased risk of flooding.

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 issued for it certifying that Code Level 4 has been achieved. Reason: To ensure a satisfactory and sustainable development.

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. Reason: To ensure a satisfactory and sustainable development. 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. Reason: To ensure the protection of the archaeological resource.

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. Reason: To preserve the natural resource.

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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. Reason: To safeguard the amenity of future residents in the area.

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.

Reason: To maintain the character of the neighbouring area.

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.

Reason: To protect the amenity of local residents.

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.

Reason: To safeguard local amenities and to preserve the use of the wider site by bats.

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.

Reason: In the interests of amenity.

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 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.

Reason: In order to define the permission and ensure that the development is of a scale and height appropriate to the site.

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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.

Reason: In the interests of residential and visual amenity.

Reason: In the interests of visual amenity and to ensure dwellings/commercial buildings have satisfactory privacy and security.

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.

Reason: To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment.

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.

Reason: To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment.

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

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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.

Reason: In order that the National Park Authority may be satisfied that the deposited scheme will meet their requirements.

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.

Reason: To ensure the proper care and maintenance of the trees.

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 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.

Reason: In the interests of visual and residential amenity and to ensure for a satisfactory development.

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.

Reason: To secure an adequate standard of amenity for the development proposed.

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.

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Reason: To ensure the play area is suitably equipped.

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.

Reason: To ensure the safe and free flow of traffic on the highway.

Informatives

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 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

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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.

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14 The applicant is advised that the proposed development affects the site of a Scheduled Ancient Monument. Section 2 of the Ancient Monuments and 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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