Brecon Beacons National Park Authority PLANNING, ACCESS

Home , Heol Senni, Maescar

ENCLOSURE 6

Brecon Beacons National Park Authority

PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

13 March 2012

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 11/07249/FUL Tylegarw Permit Heol Senni Brecon Powys LD3 8SU 2 12/07628/FUL Y Grithig Permit Penycae Swansea Powys SA9 1GD 3 12/07636/CON Y Grithig Permit Penycae Swansea Powys SA9 1GD 4 11/07421/FUL Land south of Greenfield Ind Permit Estate Forest Road Hay On Wye HR3 5FA 5 12/07619/FUL Tylebrithos Minded to Permit Cantref Brecon Powys LD3 8LR 6 11/07511/CPL The National Park Visitor Deemed Permitted Centre Development Libanus Brecon LD3 8ER 7 11/07528/FUL Tir Yr Onen Permit Off A4059 Penderyn Rd Aberdare Rhondda Cynon Taff 8 12/07603/FUL BROOK COTTAGE Permit Ffawyddog Crickhowell NP8 1PY

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ITEM NUMBER: 1

APPLICATION NUMBER: 11/07249/FUL APPLICANTS NAME(S): Mr Paul Thorne SITE ADDRESS: Tylegarw Heol Senni Brecon Powys LD3 8SU

GRID REF: E: 292770 N:220685 COMMUNITY: Maescar DATE VALIDATED: 3 October 2011 DECISION DUE DATE: 28 November 2011 CASE OFFICER: Mrs Kate Edwards

PROPOSAL 1. Works to extend the existing farmhouse, 2. Construction of a garage, 3. Conversion of existing agricultural building into 2 holiday lets (including change of use), 4. engineering works to create level areas including construction of gabion retaining walls and to control drainage through the site 5. Landscape works to integrate the development into the landscape

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ADDRESS Tylegarw, Heol Senni, Brecon

CONSULTATIONS/COMMENTS Consultee Received Comments

Countryside Council 19th Oct 2011 Countryside Council for Wales do not object to the For Wales application, providing appropriately worded condition requiring the implementation of the mitigation measures are attached to any planning permission. Suggested condition: the scheme shall be implemented in accordance with the recommendations set out in Section 5 ‘Recommendations for Mitigation, Compensation and Enhancement of the report Tyle Garw Farm near Brecon, South Wales Survey for Bats dated June 2011 and completed by Acer Ecology.

A European Protected Species Licence will be required.

Countryside Council 7th Nov 2011 The revised plans are unlikely to adversely affect For Wales bats. Environment Agency 25th Oct 2011 This application does not require direct consultation Wales with the Environment Agency Wales as the developments fall outside the Environment Agency's 'consultation checklist'. Maescar Community 13th Oct 2011 Supported. Council Maescar Community 14th Nov 2011 Supported. Council NP Ecologist 8th Nov 2011 Comments

1.0 I note that there are multiple aspects to the above development proposals that affect the full range of buildings on the site and the surrounding land. I will endeavour to comment on these aspects separately so that my views can be taken in context.

2.0 Farmhouse Extension

2.1 The Acer Ecology survey report (June 2011) states that a "large aggregation of droppings were found in the farmhouse attic, the size, shape and quantity of the droppings was characteristic of Natterer's bat." No additional comment is provided

Page 4 of 82 ENCLOSURE 6 regarding the status of these droppings as old or fresh that might suggest the historic or current use of this roost. The subsequent evening emergence and dawn re-entry surveys completed by Acer Ecology identified only one Natterer's bat emerging from the adjoining barn. Section 4.1 of the survey report states that, "Female bats tend to form large maternity colonies and therefore it is considered likely that the animals recorded roosting within the building [it is not clear from the report which ‘building' is referred to here] are either males or non breeding females." It is my opinion that this statement is potentially under assessing the status of the Natterer's roost in the farmhouse. It is quite possible that the historic and more recent alterations to the farmhouse eaves and roof area, notably the filling of gaps with expanding foam and the installation of solid insulation boards have adversely affected this roost.

2.2 I acknowledge the recommendations in Section 5.0 of the Acer Ecology report offer a range of generic "guidelines and options for possible mitigation:" The suggested measure of a dedicated bat loft in the roof space of the proposed rear extension to the farmhouse, as illustrated on Plan 4 in the survey report, offers in principle the opportunity to mitigate and significantly enhance the Natterer's roost in the existing attic. Plan 4 also illustrates a full array of access options to the existing and the proposed additional dedicated bat loft.

2.3 It is a significant disappointment, despite the specific references in Section 6 of the Combined Design and Planning Policy Statement, and the recommendations in the Acer Ecology report, that the mitigation and enhancement measures have not been captured within the architect's design drawings. This is a notable weakness in the current application that needs to be addressed. Presently it is not possible to determine whether the Natterer's roosting opportunities can be effectively retained and enhanced within the farmhouse, especially due to the positioning of the two dormer style windows on the roof pitch of the proposed rear extension.

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3.0 Barn, Stable & Cow Byre Conversion

3.1 The Just Mammals report (September 2009) recorded common pipistrelle and Daubenton's bats emerging from barn buildings adjoining the farmhouse. The more recent survey by Acer Ecology (June 2011) has observed small numbers of common pipistrelle, Natterer's and brown long-eared bats emerging from the main door openings of the stable and barn and also the south eastern (rear) gable wall of the barn. A single brown long-eared bat was also observed during the day-time inspection roosting in shallow cavity on the internal face of the stable wall. Apart from the direct observation of the brown long-eared bat the Acer Ecology report does not make any specific remarks regarding the likely roost locations within these barn buildings that are being utilised by the various bats.

3.2 I welcome the recommended mitigation options described in Section 5.0 of the Acer Ecology report, including the dedicated bat loft illustrated on Plan 4 towards the western gable wall of the barn building, which have the potential to address the loss of the recorded roosting opportunities within the affected buildings. It is again of concern that these recommendation, despite the remarks in the Combined Design and Planning Policy Statement, that these measures have not been fully adopted into the design drawings. It is not clear from the current drawings whether the prescribed mitigation measures can actually be accommodated into the proposed development. It is essential that a revised set of design drawings are produced to effectively illustrate the inclusion of the necessary mitigation measures.

3.3 Confirmation is also required whether the mitigation measures proposed in the Acer Ecology report will also offer roosting opportunities for the Daubenton's bats that were recorded by the previous Just Mammals survey.

3.4 Barn owl activity has been recorded, in the form of pellets, within the cow byre and the barn.

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The Acer Ecology report states that there is "no evidence of past of current nesting by barn owls ...". The report nevertheless recognises the importance of the roost site and recommends to the provision of a barn owl nest box. Design drawing NP4v1 of the proposed new garage building show the location of an purpose-built opening to a barn owl box mounted in the garage roof space.

4.0 Garage Construction

4.1 I note the illustration on design drawing NP4v1 of an access hole to an owl box. I welcome the inclusion of this proposed mitigation feature, but recognise the need for more detail of the nesting box design and position in the garage roof space.

5.0 Landscaping

5.1 I welcome the illustration of the detailed planting and re-seeding schemes shown on design drawings NP9v1 and NP10v1 which provide significant benefits for the overall site. These benefits soften the impacts of the existing gabion retaining wall to the rear of the buildings, seek to restore the land to the front of the buildings used for the ‘deposition' of the previously excavated spoil and help to link the bat roosts with the wider surrounds. I acknowledge that these landscaping proposals and the tree and grassland species mixes described on drawing NP9v1 and NP10v1 offer significant opportunities to enhance the value of the application site for biodiversity.

Recommendations

The absence of suitable design drawings clearly demonstrating that the necessary bat mitigation measures can be accommodated within the proposed development is a significant deficiency that needs to be addressed. I therefore offer the following recommendations:

1.0 Confirmation is sought from the applicant/agent's bat specialist that the bat mitigation measures described and illustrated in the Acer

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Ecology bat survey report (June 2011) will provide roosting opportunities for the full range of bat species recorded by both Just Mammals and Acer Ecology.

2.0 A revised set of design drawings are provided to the National Park Authority by the architect/agent illustrating, within the proposed farmhouse extension and barn/stable/cow byre conversion, the bat mitigation/enhancement measures shown on Plan 4 of the Acer Ecology bat survey report (June 2011) and described in Section 5.0 of the same report.

3.0 A revised drawing is provided to the National Park Authority by the architect/agent illustrating the design and position of the barn owl nest box within the roof space of the proposed new garage.

I note that CCW have not raised an objection to the proposed development as long as appropriate conditions are prepared. It is my opinion that there is insufficient information provided in support of this application in the form of detailed design drawings to demonstrate the effective inclusion of the measures necessary to conserve the recorded protected species. I do not believe that the National Park Authority can condition the provision of the required mitigation in the current design as it is not clear that it can be appropriately accommodated without possible alterations to the existing development proposals. I must therefore raise an objection to the above application until these matters can be effectively resolved.

NP Ecologist 19th Dec 2011 Comments 1.0 Farmhouse & Farmhouse Extension 1.1 I am satisfied that the amended design drawing reflect the principles of the mitigation measures as prescribed in Section 5.0 of the Acer Ecology report (June 2011). The dimensions of the dedicated bat loft on the proposed new rear extension are relatively constrained in height, as scaled from the amended design drawing 396/12 Rev B, and therefore may not offer the mitigation and

Page 8 of 82 ENCLOSURE 6 enhancement previously perceived by myself. To conserve the function of the Natterer's bat roosting opportunities in the existing farmhouse it is essential that the adverse effects of the existing loft alterations, notably new insulation, are addressed in line with measures detailed in bullet point four of Section 5.0 of the bat survey report and also the section drawing of the new design plan, 396/12 Rev B. 1.2 Multiple forms of bat access points to the farmhouse loft and the new rear extension were suggested in Acer Ecology survey report. I do not believe that it was the intention of the report that ‘all' the suggested entrance points should be included in the design. It is essential that the access points which are understood to be used by the Natterer's bats to reach the existing farmhouse lost should be replicated where possible, though I understand that some access points may have been potentially unlawfully blocked in the past with expanding foam. 1.3 I welcome the proposal to link internally the two loft spaces, i.e. that within the existing farmhouse and that in the new extension. This may generate an cumulative volume that enhances the function of the current loft. The inclusion of additional roosting crevices, as described in Section 5.0 of the Acer Ecology report, within the two loft areas will increase attractiveness of the overall roost for Natterer's bats. 2.0 Barn, Stable & Cow Byre Conversion 2.1 I welcome the illustration of the proposed dedicated bat loft on the revised design drawing 396/12 Rev B. I am satisfied that the dimensions of this loft space and the access points will provide a functional roost space for the recorded bat species. I am aware however, that the location of the loft above the proposed bedroom may have complications that require it to be repositioned to the eastern end above the proposed stair well. I would not object to the repositioning of the propose loft. 2.2 Scaling from the drawing 396/12 Rev B I note that the upper window slit will be present on the side of the dedicated loft. In my view it would appear more sensible to utilise this structure rather than create.on new ‘letter box' access towards the

Page 9 of 82 ENCLOSURE 6 apex of the gable wall. I would suggest that the upper window slit be largely blocked up leaving a opening at the top. 2.3 I welcome the proposal as described in the Acer Ecology report and illustrated on the revised design drawing 396/12 Rev B to include additional roosting opportunities in the wall structure of the eastern and western gable end walls of the barn. 2.4 I was contacted by Paul Hudson, the applicant's ecological advisor, regarding the nature of possible mitigation measures to accommodate Daubenton's bats within the proposed conversion. It is unusual to find this species in building's of this nature and therefore there is limited information regarding the design of specific mitigation for Daubenton's. It is my view that the presence of the large pond to the front of the property is the reason for Daubenton's being associated with this site. It is possible that this species may use the mitigation measures proposed in the farmhouse and barn. However, it would potentially be more suitable to place bat boxes in the more mature trees to the north of the pond. 3.0 Garage Construction 3.1 I am satisfied with the illustrations provided in the revised garage design drawing of the proposed barn owl nest box, which should offer the potential to mitigate for the loss of the current roosting site in the barn. 4.0 There is a need to minimise the risk of compromising the bat and barn owl mitigation/enhancement measures, by restricting the location and design of any proposed new external lighting. Recommendations Should the National Park Authority be minded to grant permission for the above application I would recommend that the following matters are clarified and appropriately conditioned. 1.0 The position of the dedicated bat loft within the barn needs to clarified in relation to the potential conflict with the bedroom located towards the western gable . 2.0 No development works shall take place until an external lighting plan which avoids conflict with the approved bat and barn owl mitigation and enhancement measures, has been submitted to the

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National Park Authority for approval. The approved plan shall be implemented in full. 3.0 To minimise the risk of disturbing breeding bats, any works to the roof and walls above 2.0 metres should be completed between 30th September and 15th April. 3.1 To minimise the risk of disturbing hibernating bats, any works to repoint the walls below 2.0 metres should be completed between 15th April and 30th September. 4.0 Following clarification of the above point 1.0 the mitigation measures outlined in Section 5.0 of the Acer Ecology bat survey report (June 2011) and illustrated on the approved design drawings shall be implemented in full under the supervision of qualified bat specialist. 4.1 To offer additional roosting opportunities for Daubenton's bats four bat boxes should be installed with the mature trees on the north side of the existing pond. 5.0 To confirm the effectiveness of the bat and barn owl mitigation/enhancement measures monitoring surveys shall be undertaken by a qualified ecologist during the summer months in year 1 and year 3 following the beneficial occupation of the affected buildings. 6.0 The land restoration and landscaping works shall be completed in accordance with the details described and illustrated on design drawings NP9v1 and NP10v1. 7.0 The following informative notes should be provided in support of any consent notice: 7.1 The Acer Ecology report states that a Welsh Government European Protected Species Development Licence will be required for the proposed development. A copy of this licence and supporting method statement should be provided to the National Park Authority for their information and records. 7.2 Work should halt immediately and CCW contacted for advice in the unexpected event that bats are discovered during the course of the development. To proceed without seeking the advice of Countryside Council for Wales may result in an offence being committed. CCW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX. Tel.

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01873 737000. 7.3 The timing of development works should be such as to avoid conflict with the bird nesting season.

Powys County 24th Oct 2011 The development site is agricultural land. This is a Council potential contaminative land use. The Local Planning Contaminated Land Authority should adopt appropriate conditions in circumstances where a potential contaminative issue may exist.

The following condition is recommended [summary]:

If contaminated land is found, development must stop and a full investigation undertaken.

Powys County 11th Nov 2011 In response to National Park Officer query regarding Council agricultural land being contaminated. Powys County Contaminated Land Council response clarifying that pesticides, fuel and oils, slurry tanks and pits, fire sites, animal burial pits or other buried waste, fertiliser, sheep dip pits, asbestos, old machinery, waste chemicals drums and ammunition could exist on farms. Powys County 5th Dec 2011 I have serious concerns that the road network Council Highways generally has severe limitations in places and adding further traffic by virtue of the holiday lets will be detrimental to highway safety. However, the access is also seriously substandard in terms of angle, gradient and visibility. I therefore recommend the inclusion of the following conditions on any permission granted which should secure improvements to the benefit of all road users:- HC2 The gradient of the access shall not exceed 1 in 12 for the first 10.0 metres measured from edge of the adjoining carriageway along the centre line of the access. HC3 The centre line of the first 5.0 metres of the access road measured from the edge of the adjoining carriageway shall be at right angles to that edge of the said carriageway. HC4 Within 5 days from the commencement of the development the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining

Page 12 of 82 ENCLOSURE 6 carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 33.0 metres distant in each direction measured from the centre of the access along the edge of the adjoining carriageway. Nothing shall be planted, erected or allowed to grow on the area(s) of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction thereafter. HC7 Within 5 days from the commencement of the development the area of the access to be used by vehicles is to be constructed to a minimum of 410mm depth, comprising a minimum of 250mm of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 10.0 metres from the edge of the adjoining carriageway. Any use of alternative materials is to be agreed in writing by the Local Planning Authority prior to the access being constructed. HC12 The width of the access carriageway shall be not less than 5.0 metres for a minimum distance of 5.5 metres along the access measured from the adjoining edge of carriageway of the county highway. HC21 Prior to the occupation of the holiday lets the area of the access to be used by vehicles is to be finished in a 40mm bituminous surface course for a distance of 10.0 metres from the edge of the adjoining carriageway. HC30 The centreline of any new or relocated hedge should be positioned not less than 1.0 metre to the rear of the visibility splay. HC32 No storm water drainage from the site shall be allowed to discharge onto the county highway. HC37 Prior to any works being commenced on the development site the applicant shall construct 2 passing bays, in locations to be agreed in writing by the Local Planning Authority. The passing bays shall be constructed up to adoptable standard prior to any works being commenced on the development site. Reasons for Comments To ensure the safety and free flow of traffic using the adjoining county class III roads.

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Powys County 7th Dec 2011 Wish the following recommendations/observations Council Land be applied Drainage Department Surface water from the site shall discharge to a soakaway systems designed in accordance with BS EN 752-4 or Sustainable Drainage Systems.

Proposed culverting of any ‘ordinary' watercourse requires Environment Agency Wales consent.

Under Section 263 of the Public Health Act 1936, plans and sections shall be shall be submitted to and approved in writing by the Local Planning Authority before any ‘ordinary' watercourse can be culverted. Hydraulic calculations will need to be submitted to determine the sizing of any culvert in order to demonstrate that there will be no adverse affect on any third party.

Maintenance responsibilities. It is presumed Riparian rights and responsibilities exist in respect of the open or culverted watercourse and advise the landowner will be responsible to maintain any section of the watercourse that passes or abuts their land.

CONTRIBUTORS

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

No comments received.

RELEVANT POLICIES

G6: “Design” (Unitary Development Plan 2007) G3: “Development in the National Park” (Unitary Development Plan 2007) ES27: “House Extensions and Ancillary Buildings” (Unitary Development Plan 2007) Q4: “Protected and Important Wild Species” (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) LPCL6: “Wildlife and landforms.” (Local Plan 1999) S10: “Solar Energy” (Unitary Development Plan 2007) LPPU4: “Energy Generation” (Local Plan 1999)

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PLANNING HISTORY

App Ref Description Decision Date 09/03743/FUL Demolition of existing Application 10th Nov 2009 conservatory and construction Refused of single storey extension and two storey extension to rear of property

OFFICER’S REPORT

This planning application comes before Planning and Rights of Way Committee for determination for two reasons. The first is that the development which represents a 34% increase in the volume of the existing dwelling exceeds the acceptable volume increase contained in the Brecon Beacons National Park Unitary Development Plan (April 2007) Guidance Note relating to polices ES26 and ES27. Secondly Powys County Council as the Highway Authority wish to see the provision of two passing bays and this Local Planning Authority consider the insistence of two passing bays to be unreasonable in this instance. The details of the response from Powys County Council Highway are provided above and a detailed discussion is provided below in the section of this report titled ‘Highway Safety’.

The Site Description

Tylegarw is a detached former farmstead located on land allocated as countryside in the Brecon Beacons National Park Unitary Development Plan (April 2007). The site is in a position raised above the valley floor and can be seen from nearby public highways and the surrounding mountains.

The dwelling forms part of a modest farmstead complex comprising of two agricultural buildings. The materials of the dwelling are natural stone elevations and slate roof. The window frames and doors are uPVC.

The former agricultural buildings are attached to the dwelling. The barn that is directly attached to the dwelling is orientated the same as the dwelling. However the other barn which is attached to the first barn mentioned in this paragraph is orientated at 90 degrees to the house and barn. For ease of reference the barn which is orientated in the same direction as the dwelling will be referred to as Barn A. The materials of Barn A are natural stone elevations and corrugated roof. The barn which is orientated at 90 degrees to the dwelling and Barn A will be referred to as Barn B. The materials of Barn B are natural stone elevations and corrugated iron roof.

Extensive engineering works have taken place around the site. The works carried out include excavations and construction of a retaining feature built with rock filled gabions, the levelling of land near the retaining feature and the creation of ponds. These works

Page 15 of 82 ENCLOSURE 6 have been the subject of an enforcement investigation. This planning application represents negotiations which have taken place to ensure the detriment to the visual appearance and character of the land is appropriately addressed and mitigated.

Proposal Description & Appraisal

In addition to the proposals to address the engineering works which have taken place without the benefit of planning permission, this application also seeks full planning permission to construct a garage for domestic use, extend the dwelling and convert the two former agricultural buildings into two holiday lets.

The proposed extension will be positioned at the rear of the dwelling. The proposed extension gable in design and incorporates dormer windows in both sides of the roof pitches. The ridge of the proposed extension will fall 0.3 m lower than the existing ridge of the dwelling. It is proposed to incorporate, against the north-east elevation of the rear extension, an open-sided lean-to element. The main element of the rear extension will measure 6.3 m wide, 7.3 m long, 3.6 m to eaves and 6.4 m to ridge height. The lean-to element will measure 1.5 m wide, 4.9 m long, 2.1 m to eaves and 3.5 to ridge height.

The proposed domestic garage will measure 6.5 m wide, 9.0 m long, 2.2 m to eaves and 4.3 to ridge height. The proposed materials are rendered elevations, slate roof and timber window frames and doors. A Barn Owl loft will be provided by constructing an owl loft into the roof space of the proposed garage.

In respect to Barn A, new door is to be created in the rear elevation and three roof lights will be inserted into the rear roof pitch, one roof light will be inserted into the front roof pitch. 11 photovoltaic panels will be fixed to the rear roof pitch. In respect of Barn B no new openings are proposed. The natural stone elevations of the both the barns will be kept, the roofs will be re-slated and the window frames and doors will be wood. Parking associated with the tourist accommodation will be located at the rear and side of the barns.

Further information submitted with the application

Supporting Statement (summary)

• The application meets the requirements of Brecon Beacons National Park Unitary Development Plan (April 2007) Policies G6, G3 and ES27. • A Design and Access (incorporating a Planning Statement) has been submitted. The statement contains details of the developments and how to address the works which have taken place without the benefit of planning permission and the proposed developments. The statement includes details of a schedule of phasing. The phasing proposed is Phase one complete the works and landscaping to address the engineering works which have taken place without the benefit of planning permission. Phase two is the extension of the dwelling. Phase three is

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the conversion of the barns to holiday accommodation. • The landscaping is to integrate the site into the landscape. • Bat survey has been submitted. Brown long-eared, common pipistrelle, Natterer’s and Daubenton’s bats were recorded in the locality and using the dwelling and barns. Plans have been submitted illustrating the methods in which the bats roosting and hibernacula will be maintained and enhanced. • A Structural Survey has been submitted. Both barns are sufficiently stable to convert. • An Engineering and Drainage Statement has been submitted. The Statement includes details of correspondence with Environment Agency Wales. The applicant does not require an Impoundment Licence for the creation of the ponds. If the ponds were created before 1st April 2006 no licence would be needed as there is an exemption in place. The Flood Defence Consent (formerly Land Drainage Consent) cannot be issued retrospectively.

Officer Assessment

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 (hereinafter called ‘the Authority’) received a direction from the Welsh Assembly Government (hereinafter called ‘WAG’) 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 development proposal will be considered against both the Approved UDP and Adopted Local Plan policies, greater weight shall be given to the more up to date UDP policies unless the Local Plan policies materially differ to warrant a departure from the UDP.

The Brecon Beacons National Park Authority Local Development Plan (LDP) has been published in draft and progressed to public deposit state. Legal Advice is that whilst the emerging LDP is now material, little weight can be given to it in planning decision making at this stage.

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This application is, therefore, considered against policies G3, G6, ES27 and Q4 of the UDP and policies G3, G7, H14 and CL6 of the Local Plan.

Neighbour Amenity

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

No neighbouring properties are overlooked by the property or proposed developments and it is considered that there would be no impact upon the residential amenity currently enjoyed.

There are concerns regarding the impact of the proposal on the amenity of the area in terms of visual impact. The concerns will be dealt with in detail under Visual Amenity.

Visual Amenity

Policy G3 requires that i) the proposed development does 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; and iii) the scale, form, design, layout, density, intensity of use and use of materials will be appropriate to the surroundings and will maintain or enhance the quality and character of the Park’s landscape and built environment. Policy G6 requires that the development will ii) sustain or enhance character in townscape and landscape by responding to and reinforcing, where appropriate, locally distinctive patterns and form of development, landscape, culture and biodiversity. Specifically to the extension of the dwelling and the proposed garage Policy ES27 refers to extensions to dwellings and aims to ensure that (i) the proposal is appropriate to the scale and design of the exiting dwelling. The ES26 and ES27 Guidance Note require that extensions (past and proposed) should not increase the volume of the original house by more than 30%.

In addition to the above Policy considerations, the Countryside Council of Wales Landmap database has been researched and the site is located within a number of designations, of which the following and associated contents are considered pertinent:

Visual and Sensory – Senni Valley. Upland/ Upland Valley/Open/Woodland Mosaic Upland Valleys (Evaluation: High). Settlement is scattered farmsteads which complement the valley character. Superb views are available down into the valley from upland and from the valley.

Cultural Landscape – Land Divisions (Evaluation: Outstanding). Within the Cultural Landscape Evaluation, the Summary provides information in respect to many cultural aspects of this area of the Park, for the purposes of this application the important statement is: ‘The BBNP located close to large conurbations is one of the most popular National Parks in Wales not only for visiting but also for living. The high standards of

Page 18 of 82 ENCLOSURE 6 conservation coupled with the outstanding scenery give it very special significance. It is an area where farming is an important part of the economy and influencing the character of the landscape.’

It is considered that whilst the extension will represent a volume increase which exceeds the level of 30% contained in the Guidance Note by 4% the design and scale of the extension is compatible with the existing dwelling and the dwellings contribution to the character and appearance of the wider landscape.

The proposed domestic garage is considered to be large has been considered carefully against Policy requirements. It is considered that in this instance the garage is acceptable as the position and orientation of the garage mimics that of Barn B and will reinforce the appearance of a typical ‘U’ shaped farmyard.

It is noted that there is little change to the external appearance of the barns to be converted. The new door and rooflights to be provided for Barn A are located at the rear of the dwelling and are considered minor in this instance.

The proposed landscaping is considered appropriate as the excavating works which have taken place around the site are wholly unacceptable. The use of native trees and shrubs will assist in reinstating the character and appearance of the property and the property’s sites visual impact in the wider landscape.

It is considered that the requirement of three en-suite bathrooms and a fourth washroom facility at ground floor level are not material planning considerations of sufficient weight to justify a rear extension of the scale proposed.

Protected Species

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

A Bat survey has been submitted and the comments of Countryside Council for Wales and the National Park Ecologist are provided above. Provisions of bat boxes, access and lofts have been incorporated into the scheme. A barn owl loft has been incorporated into the roof space of the garage.

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The planting of species native to the area will enhance biodiversity in the area.

It is considered appropriate that a note explaining that Countryside Council for Wales should be contacted if bats are discovered is attached to any consent.

It is considered that the proposals meet with the requirements of the above policy.

Highway Safety

Policy G3 criterion vii) and ix) require that proposed development is compatible with the National Park road hierarchy in that it is within the capacity of existing approach roads, and does not have an unacceptable impact on traffic circulation or highway safety and adequate means of access and parking space can be provided to cater for the traffic generated by the proposal. Policy ES27 ii) requires that sufficient on-site parking will continue to be available.

The comments of the Highway Authority are given above. The application site is located close to a junction of three roads. it is considered a condition regarding provision of two parking bays to serve a development which can be reached via three routes and of the scale of the scheme proposed is unreasonable in this instance. All other conditions recommended by the highway authority can be achieved.

It is considered that the proposed developments meet with the requirements of the above policies.

Contaminated land

Para. 13.5.1 of Planning Policy Wales (4th Edition) that “The planning system should guide development to lessen the risk from natural or human made hazards, including risk from land instability and land contamination. The aim is not to prevent the development of such land, though in some cases that may be the appropriate response. Rather it is to ensure that development is suitable and that the physical constraints on the land, including the anticipated impacts of climate change, are taken into account at all stages of the planning process. However, responsibility for determining the extent and effects of instability or other risk remains that of the developer. It is for the developer to ensure that the land is suitable for the development proposed, as a planning authority does not have a duty of care to landowners”.

Para’s 13.7.1 and 13.7.2 go on to state that “Planning decisions need to take into account: • the potential hazard that contamination presents to the development itself, its occupants and the local environment; and • the results of a specialist investigation and assessment by the developer to determine the contamination of the ground and to identify any remedial measures required to deal with any contamination

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Where significant contamination issues arise, the local planning authority will require evidence of a detailed investigation and risk assessment prior to the determination of the application to enable beneficial use of land. Where acceptable remedial measures can overcome such contamination, planning permission may be granted subject to conditions specifying the necessary measures. If contamination cannot be overcome satisfactorily, the authority may refuse planning permission.

In respect to this current planning application Powys County Council (PCC) Environmental Health Officer requests a condition be imposed on any consent. it is considered that the condition is reasonable and can be imposed on any consent.

It is considered the requirements of PPW are met.

Drainage

Policy G3 xii) requires that proposed development does not have an unacceptable impact on surface waters or groundwater resources in either quality or quantity.

The comments of Powys County Council Land Drainage are provided above. the planning application included the submission of an Engineering and Drainage Statement the contents of which are summarised above. the use of a Sustainable Urban Drainage system (SUDs) needs to be carefully considered as run-off from the site feeds into the Afon Senni and the National Park Authority need to ensure that the water required to feed into the Afon Senni is not reduced due to inappropriate use of SUDs. A letter from the Environment Agency Wales stating that a impoundment licence is not required and that the ponds ‘simply capture water which would otherwise flow as surface runoff or throughflow, making it an offline pond and therefore unlicensable.’.

Given the correspondence from the Environment Agency Wales which has been submitted by the Agent as supporting information, it is considered that the imposition of a condition relating to SUDs would detrimentally impact on the stream that feeds into the Afon Senni.

The section of Powys County Council Land Drainage’s response regarding maintenance responsibility and the need for other licences from the Environment Agency Wales can be added as a note to the consent, should consent be granted.

It is considered that the proposals meet with the above Policy.

Conclusion

It is considered that the proposed developments meet with the above Policy requirements. Given the site history and the works which have taken place without the benefit of planning permission it is considered appropriate to impose conditions which ensure the proposed landscaping is carried out prior to any other works which form part of this consent.

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RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with paragraphs 3.2.2, 3.2.3, 3.3.1, 3.3.2, 3.3.3, 3.3.4, Section 3.4 and Section 4 of the Combined Design and Access & Planning Statement prepared by Haire Landscape Consultants, Structural Report on Barn at Tyle Garw, Heol Senni prepared by Colin Durns, Engineering and Drainage Statement prepared by M Williams and approved plans and schedule of materials contained thereon (drawing nos. NP1v1, NP3v1, received 22/09/11, NP10v2 received 04/11/11, NP4v2 , NP6v2 received 25/11/12, NP5v3 received 30/11/11), submitted except where otherwise stipulated by conditions attached to this permission and unless otherwise agreed in writing by the Local Planning Authority. 3 If evidence of contamination is found in or around the development area, development must not proceed until a report on potential contamination of the site has been prepared by an appropriately qualified person and submitted to and approved by the Local Planning Authority. This report shall include a phased investigation approach, incorporating risk assessment, to identify the extent of contamination and any measures required to remediate the site, including post- development monitoring. Where remediation works are required, the development shall not continue or be occupied or used until a Validation report, to show that the works have been satisfactorily carried out, has been submitted and approved in writing by the Local Planning Authority. 4 Prior to the commencement of Phases 2 and 3 detailed in Section 4 of the Combined Design and Access & Planning Statement prepared by Haire Landscape Consultants the position of the dedicated bat loft within the barn shall be submitted to and approved in writing by the Local Planning Authority. The approved bat loft shall be installed prior to the beneficial use of the barn and maintained for its intended use in perpetuity. 5 No development works shall take place until an external lighting plan which avoids conflict with the approved bat and barn owl mitigation and enhancement measures, has been submitted to the National Park Authority for approval. The approved plan shall be implemented in full and maintained in perpetuity. 6 To minimise the risk of disturbing breeding bats, any works to the roof and walls above 2.0 metres should be completed between 30th September and 15th April. 7 To minimise the risk of disturbing hibernating bats, any works to repoint the walls below 2.0 metres should be completed between 15th April and 30th September. 8 Following the approval of the information required by Condition 4 above, the mitigation measures outlined in Section 5.0 of the Acer Ecology bat survey report (June 2011) and illustrated on the approved design drawings shall be

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implemented in full under the supervision of qualified bat specialist. 9 Prior to the implementation of Phase 1 contained in additional roosting opportunities for Daubenton's bats through the provision of four bat boxes should be installed with the mature trees on the north side of the existing pond and maintained in good working order in perpetuity. 10 To assess the outcome of the mitigation/enhancement measures single summer monitoring visits shall be completed by a qualified ecologist during the summer months of years 1 and year 3 following the beneficial occupation of the affected buildings. A written report outlining the monitoring observations shall be submitted to the National Park Authority within 2 months of each annual visit. 11 Prior to the commencement of Phase 2 detailed in Section 4 of the Combined Design and Access & Planning Statement prepared by Haire Landscape Consultants the land restoration and landscaping works shall be completed in accordance with the details described and illustrated on design drawing NP10v2. 12 Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking, amending and re-enacting that Order) no development of the types described in Part(s) 1 Classes A, C, D, E, F, G, H and Part 2 Class(es) A, B and C of Schedule 2, other than that hereby permitted shall be carried out without the written permission of the Local Planning Authority. 13 The agricultural barns to be converted to form holiday accommodation shall be used only for holiday accommodation and for no other purpose including any other purpose within Class C of the Schedule of the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification. 14 The holiday accommodation shall not be occupied by the same individual person or group of persons for any period in excess of four consecutive weeks nor return within three consecutive months in any one calendar year. 15 Any owner of the development hereby approved is required to maintain a register of occupiers of the building in perpetuity. The register shall contain the full names and addresses of all occupiers of the building together with full details of their respective dates of occupation. The register shall be made available for inspection by the National Park Authority upon request. 16 Prior to the installation of windows, details of each type of window (inclusive of cross-sections, mullions, transoms, glazing bar profiles and glazing details along with window furniture and details of finished treatment(s)) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out strictly in accordance with the agreed details and maintained as such in perpetuity, unless otherwise agreed in writing with the Local Planning Authority. 17 Prior to the installation of doors details of each type of external door (inclusive of cross sections, frame details and door furniture) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out strictly in accordance with the agreed details and maintained as such in perpetuity, unless otherwise agreed in writing with the Local Planning

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Authority. 18 Prior to the installation of rooflights details of each type of rooflight (inclusive of cross-sections, mullions, transoms, glazing bar profiles and glazing details) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out strictly in accordance with the agreed details and maintained as such in perpetuity, unless otherwise agreed in writing with the Local Planning Authority. 19 The gradient of the access shall not exceed 1 in 12 for the first 10.0 metres measured from edge of the adjoining carriageway along the centre line of the access. 20 The centre line of the first 5.0 metres of the access road measured from the edge of the adjoining carriageway shall be at right angles to the edge of the adjoining carriageway. 21 Prior to the beneficial occupation of the extension and holiday let accommodation hereby approved the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 33.0 metres distant in each direction measured from the centre of the access along the edge of the adjoining carriageway. Nothing shall be planted, erected or allowed to grow on the area(s) of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction thereafter. 22 Prior to the beneficial occupation of the extension and holiday let accommodation hereby approved the area of the access to be used by vehicles is to be constructed to a minimum of 410mm depth, comprising a minimum of 250mm of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 10.0 metres from the edge of the adjoining carriageway. Any use of alternative materials is to be agreed in writing by the Local Planning Authority prior to the access being constructed. 23 The width of the access carriageway shall be not less than 5.0 metres for a minimum distance of 5.5 metres along the access measured from the adjoining edge of carriageway of the county highway. 24 No storm water drainage from the site shall be allowed to discharge onto the county highway.

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 potential soil contamination is satisfactorily dealt with before the development is occupied. 4 In order to safeguard and enhance protected species. 5 In order to safeguard and enhance protected species.

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6 In order to safeguard and enhance protected species. 7 In order to safeguard and enhance protected species. 8 In order to safeguard and enhance protected species. 9 In order to safeguard and enhance protected species. 10 In order to safeguard and enhance protected species. 11 In order to safeguard and enhance protected species. 12 In order to safeguard the character and visual amenities of the buildings and locality of which they are a part. 13 The National Park Authority is not prepared to allow the introduction of separate units of residential accommodation in this rural location. 14 It would be contrary to the Policy of the National Park Authority to grant planning permission for dwellings in this location. 15 To ensure the holiday unit permitted is not used as permanent residential accommodation. 16 To maintain the character and appearance of the buildings and their contribution to the wider landscape. 17 To maintain the character and appearance of the buildings and their contribution to the wider landscape. 18 To maintain the character and appearance of the buildings and their contribution to the wider landscape. 19 To ensure the safety and free flow of traffic using the adjoining county class III roads. 20 To ensure the safety and free flow of traffic using the adjoining county class III roads. 21 To ensure the safety and free flow of traffic using the adjoining county class III roads. 22 To ensure the safety and free flow of traffic using the adjoining county class III roads. 23 To ensure the safety and free flow of traffic using the adjoining county class III roads. 24 To ensure the safety and free flow of traffic using the adjoining county class III roads.

Informative Notes:

1 The developer shall note if there are changes to the plans hereby approved due to building regulation requirements or any third party requirements, details should also be submitted to and approved in writing by the Local Planning Authority prior to the commencement of work. 2 Without the appropriate licence it is a criminal offence to harm or disturb many protected species of mammal (for example bats), reptile, amphibian, bird, plant and habitat. It is also an offence to disturb the nests or eggs of any wild bird during their breeding season. For further information about protected species visit www.ccw.gov.uk. If, during any works in relation to the development hereby permitted any protected species are discovered or nesting birds disturbed, works must immediately cease and the Countryside Council for Wales be

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contacted on 0845 1306229. 3 Powys County Council Land Drainage and Environment Agency Wales shall be contacted to ensure the granting of any consents that may be required as a result of the culverting works of water course(s) which have taken place on site. 4 The Acer Ecology report states that a Welsh Government European Protected Species Development Licence will be required for the proposed development. A copy of this licence and supporting method statement should be provided to the National Park Authority for their information and records. 5 The timing of development works should be such as to avoid conflict with the bird nesting season. 6 Should any part of the barns the subject of the planning permission be demolished or collapse before or during the course of renovation and conversion, this planning permission will be rendered null and void and a new planning application will become necessary for the rebuilding works required. 7 For the avoidance of doubt, no change of use is hereby given by this decision notice to the land within the application site that is beyond what is the existing residential curtilage, the footprint of the agricultural buildings to be used as holiday accommodation or the soft and hard landscaping associated with the parking and residential amenity areas of the agricultural buildings. The land outside the areas specified remains as Agricultural use.

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ITEM NUMBER: 2

APPLICATION NUMBER: 12/07628/FUL APPLICANTS NAME(S): Mrs Stephanie Evans SITE ADDRESS: Y Grithig Penycae Swansea Powys SA9 1GD

GRID REF: E: 284766 N:215129 COMMUNITY: Tawe Uchaf DATE VALIDATED: 9 February 2012 DECISION DUE DATE: 5 April 2012 CASE OFFICER: Mrs Kate Edwards

PROPOSAL Installation of ground source heat pump

ADDRESS Y Grithig, Penycae, Swansea

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CONSULTATIONS/COMMENTS Consultee Received Comments Clwyd Powys 16th Feb 2012 Commenting Archaeological Trust Countryside Council The expiry date for consultation responses is the 1st For Wales March 2012 a verbal update can be made to Members at the 12th March PAROW. NP Ecologist I note that CCW have corresponded with the applicant regarding the likely ecological impacts of the proposed development. Their email confirms that the proposal will not have an adverse effect on the features of the nearby Ogof Ffynnon Du SSSI. I also note that CCW have confirmed that the application site is also an area of improved agricultural grassland which will be of limited ecological interest. I am therefore satisfied that the proposed development will not have a detrimental impact on the biodiversity interests of the National Park.

The National Park Authority has an obligation under the requirements of the NERC Act 2006 and the first statutory purpose of the National Park to seek to conserve and enhance biodiversity through their development control function. Although this particular development offers the opportunity to discharge this obligation it is my opinion that due to the limited level of residual impact from the proposed installation of the heat pump infrastructure I do not believe it would be reasonable to seek enhancements in this specific instance.

Powys County The expiry date for consultation responses is the 1st Council March 2012 a verbal update can be made to Contaminated Land Members at the 12th March PAROW. Tawe Uchaf 1st March 2012 Supports Application. Community Council

CONTRIBUTORS

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

The expiry date for site notice is the 2nd March 2012 a verbal update can be made to Members at the 12th March PAROW.

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RELEVANT POLICIES

G3: “Development in the National Park” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) Q2: “Sites of National Importance” (Unitary Development Plan 2007) Q4: “Protected and Important Wild Species” (Unitary Development Plan 2007) Q11: “Sites of Archaeological Importance” (Unitary Development Plan 2007) LPG3: “Development in the National Park.” (Local Plan 1999) LPG7: “Design and energy conservation.” (Local Plan 1999) LPCL4: “Wildlife and landforms.” (Local Plan 1999) LPCL9: “Archaeology and cultural features.” (Local Plan 1999) LPCL6: “Wildlife and landforms.” (Local Plan 1999) LPPU4: “Energy Generation” (Local Plan 1999)

PLANNING HISTORY App Ref Description Decision Date

P17546 Alterations and extensions to Application 2nd Oct 2001 dwelling, construction of garage Permitted and siting of L.P.G tank

P17547 Erection of agricultural building Application 3rd Jul 2001 Refused

06/00340/CON Alterations and extensions to Application 4th Oct 2006 dwelling, construction of garage Permitted and siting of LPG tank (renewal of previous permission P17546)

11/07233/FUL Demolition of single storey rear Application 15th Dec 2011 extensions and construction of Permitted new double storey rear extension and single storey conservatory to front

OFFICER’S REPORT

Introduction

This planning application comes before Planning and Rights of Way Committee for determination as the applicants have been closely involved or continue to be involved with the National Park Authority. Mrs. S Evans is a former Head of Development Control of the National Park and Mr M Evans works for Countryside Council for Wales and is involved with joint working with the National Park.

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Site Description and Proposal

Y Grithig is a detached residential dwelling located on land allocated as open countryside in the Brecon Beacons National Park Unitary Development Plan (April 2007).

The property sits towards the southern boundary of its residential amenity area. To the south of Y Grithig is an agricultural field. It is proposed to install a horizontal ground source heat pumping system within the boundaries of the field.

Provision of the system will require engineering works to create four trenches 50 m long, 1.2 m wide and 1.2 m deep. Pipes will be buried in the trenches. The pipes contain water which is heated using solar gain in the soil and the heated water in the pipes then travels from the four trenches to a fifth trench which holds one large pipe. The large pipe is connected to a heat pump which will be situated in Y Grithig. The heated water will supply the dwelling with heat and hot water.

Further information submitted with the application

Supporting Statement (summary)

• The ground source heat pump system will supply Y Grithig with heat and hot water. • The trenches will be backfilled with the soil that has been removed to lay the pipes. Once the field is returned to its use as a field there will be no visible signs of the trenches. • The application meets the requirements of Brecon Beacons National Park Unitary Development Plan (April 2007) Policy G3, G6 and Q2.

An e-mail containing discussions with a Graham Motely (Countryside Council for Wales) has been submitted. The e-mail contains a statement regarding a site visit carried out by a Gareth Owen (Countryside Council for Wales) in respect of the site and the potential impact by the proposed ground source heat pump on the geological Site of Special Scientific Interest:

“I have looked at the area proposed for installation of a ground-source heating system. Attached is a sketch map of the geology in the area. It looks as if Y Grithig and the adjoining filed sit on an upper terrace of alluvium, which butts up against the limestone bedrock in the far eastern edge of the field. This limestone – alluvium contact can be traces along the field by the change in vegetation from longer, lusher grassland to shorter, more impoverished one.

This upper terrace sits about two meters or so above the lower terrace, on which the tepee in the field next to the river sits. It has been cut through by two small valleys. The northernmost (marked greed on the sketch) is dry, suggesting that the limestone is

Page 30 of 82 ENCLOSURE 6 not far below the valley bottom, and the valley is about three meters deep. The southernmost is that into which the resurgent from OFD feeds. Limestone bedrock can be seen at the resurgence, about three to four meters below the level of the field.

This suggests that alluvium is between 3 and 4 metres thick beneath Y Grithig and most of the field, thinning to nothing as you near the limestone bedrock to the east. This would give plenty of soil into which the ground-source system could be installed without prejudicing any cave interests within the limestone. It might be prudent to keep the trenches towards the west of the field, simply because the alluvium thins to nothing heading eastwards.

There is a linear scarp feature running from the resurgence, across the minor road and though the small enclosure that lies between the derelict caravan and the house. It is probable that this is associated with some partial collapse of the passageway which feeds the resurgence, and so car should be taken when digging any trenches across the line extending eastwards from this feature – use of heavy machinery in this area might have a slim change of precipitating further collapse.”

The e-mail contains advise from it’s writer, Graham Motely (Countryside Council for Wales), regarding the need to examine the full details/design of the proposal, but that he indicates that the proposal that has been described to him seems unlikely to present a threat to the geological interest of the Site of Special Scientific Interest or the wider habitat/biodiversity of the area.

Officer appraisal

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This application is, therefore, considered against policies G3, G6, Q2, Q4 and Q11 of the UDP policies G3, G7, CL4, CL6, CL9 and PU4 of the Local Plan and Paragraph 13.5.1 of Planning Policy Wales (4th Edition).

Local Plan (May 1999) Policy PU4 will be specifically referred to in this report as the Policy relates to provision of small scale energy generation schemes. Whilst there are policies relating to specific forms of energy generation in the UDP there are no general or specific policies regarding energy provided though heat. In respect to this planning application PU 4 requires that schemes consisting of small energy generation scheme to serve one property will be permitted if the proposal conforms to the other policies. The other polices which will be referred to are G3, G6, Q2, Q4 and Q11 of the UDP.

As there will be no material increase in traffic using the access to the adopted highway this proposal does not fall within the parameters of Article 10 (f) of the Town and Country Planning (General Development Procedure) Order 1995. Powys County Council Highway Department, as the Local Highway Authority has not, therefore, been consulted on the proposed development.

Neighbour Amenity

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

There are no neighbours in the vicinity and it is considered that once the grass has re- grown over the trenches there will be no impact on the public’s amenities. Issues of design are dealt with below.

It is considered the proposal meets the requirements of the above policies.

Visual Amenity

Page 32 of 82 ENCLOSURE 6 key design objectives and respond to the local context.

In respect to design, character and appearance, this proposal has been considered in respect to two areas which are relevant to each other. Firstly there is the impact on the character and appearance of the property in respect to the proposals of the current planning application. Secondly consideration has been given to the impact on the character and appearance of the existing property in respect to the extant planning permission.

It is considered that there will be some visual impact caused by the engineering works and during the period whilst the grass is re-growing. The imposition of constitutions regarding the re-seeding of the areas of the field affected by the proposal has been considered. However, it is considered preferable that the grass re-establishes itself naturally as the use of a different seed could highlight the location of the trenches.

It is considered the proposed meets the requirements of the above policies and guidance note.

Non-statutory antiquity

Policy Q11 requires that Development proposals which would have a significant adverse effect on historic landscapes, sites and features of archaeological interest or of local cultural importance and their settings will only be permitted where; i) archaeological remains can be protected in situ by appropriate design and siting; or ii) in the opinion of the NPA, the benefits of the proposals outweigh any adverse effects.

Constraints highlight that Y Grithig is a treasure and that a non-statutory antiquity regarding a skeleton which was found in a nearby cave. It is considered that the proposed works to the dwelling will create a property which is more akin to the original cottages than the extant planning permission.

Clwyd-Powys Archaeological Trust has been consulted. The organisation has no comments to make.

It is considered that this proposal will have no impact on archaeology and that it therefore meets with the aims of the above Policy.

Protected Habitats

Policy Q2 (Sites of National Importance) requires that proposals for development which may affect a National Nature Reserve or proposed or notified Site of Special Scientific Interest will only be permitted where i) the proposal contributes to the protection, enhancement or positive management of the site; or ii) the developer proves to the satisfaction of the NPA that the proposal has no unacceptable impacts which would directly or indirectly damage the site, detrimentally affect its conservation interest or its value in terms of its designation; and iii) the need and reasons for the proposed

Page 33 of 82 ENCLOSURE 6 development outweigh the value of the site itself; and iv) there are no alternative means of meeting the need for the development. Where appropriate the NPA will consider the use of conditions and/or planning obligations to provide appropriate compensatory measures.

The development site is within the Site of Special Scientific Interest designated as such due to its geological interest.

The comments of the National Park Ecologist are provided above. Given the response of the National Park Ecologist it is considered the proposed development meets with the requirements of the above Policy.

However, Countryside Council for Wales has been consulted and at the time of writing this report the consultation period had not expired. Members will be verbally undated in respect of any further responses received regarding this planning application.

Protected Species

Policy Q5, Biodiversity and Development requires that development will only be permitted where; i) the developer proves to the satisfaction of the NPA that there is no unacceptable loss or fragmentation of a characteristic habitat or landscape feature and/or increased isolation of important species as defined in the NPA’s LBAP; ii) the developer identifies habitats and landscape features of importance for wildlife within the site and provides for the further creation, positive management, restoration, enhancement or compensation for these habitats and features to ensure that the site maintains its nature conservation importance; and iii) full provision is made for the future management of the site’s habitats and features of nature conservation value. This will be secured either through planning obligations or the imposition of planning conditions.

The development site is within the Site of Special Scientific Interest designated as such due to its geological interest. However, the site is close to other Site of Special Scientific Interest’s and Y Grithig which supports protect species. Countryside Council for Wales and the National Park Ecology team have been consulted. At the time of writing this report the consultation period had not expired. Members will be verbally undated regarding the respect of any responses received in respect of this planning application.

Contaminated land

Page 34 of 82 ENCLOSURE 6 of the planning process. However, responsibility for determining the extent and effects of instability or other risk remains that of the developer. It is for the developer to ensure that the land is suitable for the development proposed, as a planning authority does not have a duty of care to landowners”.

Powys County Council (PCC) Contaminated Land Officer has been consulted regarding this planning application due to a response from them during the processing of planning application reference 11/07233/FUL. At the time of writing this report the consultation period had not expired. Members will be verbally undated regarding the respect of any responses received in respect of this planning application.

It is considered the requirements of PPW are met.

Conclusion

The proposed development represents a development which will not be visually intrusive or damaging nor will the proposed heat pump damage habitats, species or landforms which require special consideration.

The policies listed and discussed above have been met and officer’s recommendation is one of consent subject to the imposition of conditions.

RECOMMENDATION: Permit

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Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v1, NP2v1 received 02/02/12) except where otherwise stipulated by conditions attached to this permission and unless otherwise agreed in writing by the Local Planning Authority. 3 Prior to the commencement of development a scheme of land restoration regarding the re-distribution and return of the soil removed from the trenches shall be shall be submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be fully implemented prior to the beneficial use of the ground source system hereby approved.

Reasons:

Informative Notes:

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ITEM NUMBER: 3

APPLICATION NUMBER: 12/07636/CON APPLICANTS NAME(S): Mrs Stephanie Evans SITE ADDRESS: Y Grithig Penycae Swansea Powys SA9 1GD

GRID REF: E: 284766 N:215129 COMMUNITY: Tawe Uchaf DATE VALIDATED: 9 February 2012 DECISION DUE DATE: 5 April 2012 CASE OFFICER: Mrs Kate Edwards

PROPOSAL Variation to condition 2 of planning permission 11/07233/FUL to allow for cladding of new extension in larch. To change finish of new extension from painted render to horizontal larch cladding.

ADDRESS Y Grithig, Penycae, Swansea

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CONSULTATIONS/COMMENTS Consultee Received Comments

Clwyd Powys 16th Feb 2012 No comments. Archaeological Trust Countryside Council The expiry date for consultation responses is the 1st For Wales March 2012 a verbal update can be made to Members at the 12th March PAROW. NP Ecologist I can confirm that I am satisfied that the replacement of the previously proposed rendered finish to the gable wall with timber cladding will not adversely affect the agreed bat enhancement measures as illustrated on design drawing NP2v1. In fact I would suggest that the provision of the cladding may even provide additional bat roosting opportunities in the gaps behind the timbers. Powys County The expiry date for consultation responses is the 1st Council March 2012 a verbal update can be made to Contaminated Land Members at the 12th March PAROW. Tawe Uchaf 18th Feb 2012 Requesting an extension on the response deadline. Community Council

Tawe Uchaf 1st March 2012 Supports application Community Council

CONTRIBUTORS

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

The expiry date for site notice is the 2nd March 2012 a verbal update can be made to Members at the 12th March PAROW.

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) Q2: “Sites of National Importance” (Unitary Development Plan 2007) Q4: “Protected and Important Wild Species” (Unitary Development Plan 2007) Q11: “Sites of Archaeological Importance” (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) LPCL4: “Wildlife and landforms.” (Local Plan 1999)

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LPCL6: “Wildlife and landforms.” (Local Plan 1999) LPCL9: “Archaeology and cultural features.” (Local Plan 1999)

PLANNING HISTORY App Ref Description Decision Date

P17546 Alterations and extensions to Application 2nd Oct 2001 dwelling, construction of Permitted garage and siting of L.P.G tank

P17547 Erection of agricultural Application 3rd Jul 2001 building Refused

06/00340/CON Alterations and extensions to Application 4th Oct 2006 dwelling, construction of Permitted garage and siting of LPG tank (renewal of previous permission P17546)

11/07233/FUL Demolition of single storey Application 15th Dec 2011 rear extensions and Permitted construction of new double storey rear extension and single storey conservatory to front

OFFICER’S REPORT

Introduction

This planning application relates to the amendment of Condition 2 of planning permission reference 11/07233/FUL. Planning application reference 11/07233/FUL was permitted by members at the Planning and Rights of Way Committee held on the 13th December 2011.

The proposed amendment to the approved plans cannot be considered as a minor amendment as the cladding of the elevations of a building in the National Park requires planning permission.

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Site Description

Y Grithig is a detached residential dwelling located on land allocated as open countryside in the Brecon Beacons National Park Unitary Development Plan (April 2007).

The property sits towards the southern boundary of its residential amenity area. The dwelling’s materials were uPVC window frames and wooden doors. However, works have commenced to renovate and construction of the extensions approved in respect of planning permission reference 11/07233/FUL. The natural stone elevations and slate roof remain.

Proposal Description & Appraisal

As referred to in the introduction to this report this planning application relates to the amendment of condition 2 of planning permission reference 11/07233/FUL. Condition 2 of the planning permission refers to the requirement that the development be carried out in accordance with the approved plans. The applicants are seeking consent to alter the approved external material of the elevations from render to wooden cladding. No other aspects of the approved plans are to be changed.

Further information submitted with the application

Supporting Statement (summary)

• The external elevations of the original building will now require lime washing or lime rendering to protect the structure from penetrating rain. There are concerns that once the original building is lime washed or rendered the whole development (original building and the new extension) will look as one phase and visually increase the perceived mass of the completed house. • The wood to clad the building will be from locally sourced larch. • The application meets the requirements of Brecon Beacons National Park Unitary Development Plan (April 2007) Policy G3, G6 and Q4.

Officers appraisal

Page 40 of 82 ENCLOSURE 6 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.

In terms of polices relevant to this application the following apply: G3, G6, ES27, Q2, Q4 and Q11 of the Brecon Beacons National Park Unitary Development Plan (April 2007), policies G3, G7, H14, CL4, CL6 and CL9 of the Local Plan and Paragraph 13.5.1 of Planning Policy Wales (4th Edition).

Due to the nature of this planning application being one of seeking the use of an alternative material on the elevations of the approved extension, it is considered that only the following policies and relevant criterion apply: G3 iii, G6 and ES27 i.

It is considered all other policies and their associated criterion have been addressed in the previous planning permission reference 11/07233/FUL and, therefore, this report will not consider the other policies in detail.

Visual Amenity

Policies G3 (iii) aim to ensure that the scale, form, design, layout, density, intensity of use and use of materials will be appropriate to the surrounding and will maintain or enhance the quality and character of the Park’s landscape and built environment. Policy G6 refers to design and states that development will be expected to meet the WAGs key design objectives and respond to the local context. ES27 refers to extensions to dwellings and aims to ensure that (i) the proposal is appropriate to the scale and design of the exiting dwelling.

As referred to by the applicant in their supporting information the original planning permission illustrated that the elevations of the original building was to be left as natural

Page 41 of 82 ENCLOSURE 6 stone. Since the renovation works have begun the applicants have decided that the original building requires additional protection from rain and as a result will lime wash or lime render the original building.

It is considered that the use of larch cladding is appropriate in this instance as the cladding will provide a visual definition between the original building and the new extension, wood is a sustainable material and the cladding will assist in the assimilation of the proposed extension into the landscape. However, wooden cladding can be visually intrusive if there are no controls to ensure the finished colour of the wood is appropriate and achieves the reasons for allowing the timber cladding.

In summary, it is considered that, subject to conditions controlling the colour of the timber the use of timber cladding will maintain the scale, character and appearance of the property.

It is considered the proposed meets the requirements of the above policies.

Protected Species

The comments of the National Park Ecologist are provided above and it is considered that the proposed variation meets with the requirements of the above policy.

Conclusion

The amendment of condition 2 of planning permission reference 11/07233/FUL regarding the use of timber cladding is acceptable.

The policies listed above have been met and officers recommendation is one of consent subject to the imposition of conditions.

RECOMMENDATION: Permit

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Conditions and/or Reasons:

1 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v1, NP3v1, received 19/09/11 NP6v1 received 07/10/11) except where otherwise stipulated by conditions attached to this permission and unless otherwise agreed in writing by the Local Planning Authority. 2 Prior to wooden cladding of the elevations of the extension hereby permitted, samples of the cladding and any material or paint which shall be used on the external surfaces of the wooden cladding shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out and maintained in accordance with the agree details in perpetuity, unless otherwise agreed in writing with the Local Planning Authority.

Reasons:

1 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development.

Informative Notes:

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ITEM NUMBER: 4

APPLICATION NUMBER: 11/07421/FUL APPLICANTS NAME(S): Telefonica O2 UK Ltd SITE ADDRESS: Land south of Greenfield Ind Estate Forest Road Hay On Wye HR3 5FA GRID REF: E: 323073 N:241722 COMMUNITY: Hay-on-Wye DATE VALIDATED: 28 November 2011 DECISION DUE DATE: 23 January 2012 CASE OFFICER: Ms Tamsin Law

PROPOSAL Installation of 12.5m O2 slim line column accommodating internal antennae together with three equipment cabinets within a timber post and rail fenced compound at land south of Greenfield Industrial Estate, Forest Road, Hay on Wye.

ADDRESS Land south of Greenfield Ind Estate , Forest Road, Hay On Wye

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CONSULTATIONS/COMMENTS Consultee Received Comments

Hay On Wye Town 4th Jan 2012 Object to the proposal due to the following; Council The area referred to as an 'Industrial Area' is only very small units and is in reality still beautiful countryside with a superb backdrop of the Black Mountains; Hay on Wye is a much admired tourist area famous for the scenery as described and loved so much by the diarist, Kilvert, and his readers. The proposed area chosen for this development is highly visible towards the Black Mountains from the Castle and central car park area of Hay on Wye.

The Council consider that the case for stating that low level radiation is not harmful has not been proven. The area is far too close to a school, private residences, medical centre and town playing fields. Future planning approved, even closer to the proposed Ariel site includes the building of the new infants and primary school, a new community centre and the provision og a senior citizen care home. Linesearch 7th Dec 2011 Not in the zone of interest NP Rights Of Way 21st Dec 2011 The development must not encroach upon the right Officer of way and there should be no diminution in the width of the right of way available for use by members of the public. No building materials should be stored on the right of way. No damage should be caused to the surface of the right of way. If this is unavoidable the surface should be reinstated as quickly as possible to avoid any danger arising to the public. No substantial alteration, either temporary or permanent, should be caused to the surface of the right of way unless agreed by the Authority. Vehicle movements should be arranged so as not to substantially interfere with the public's use of the right of way. No additional barriers (e.g. gates) should be placed across the right of way, of either a temporary or permanent nature.

The applicant/developer should ensure that users of the right of way are not prevented from exercising their rights or are not unreasonably inconvenienced whilst doing so during the period of building/development works.

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Users of the right of way must not be endangered by any building/development works and measures must be put into place by the applicant/developer to ensure safe passage by the public. A suitable and sufficient risk assessment should be undertaken by a competent person and any resulting control measures found necessary put in place before works commence.

The granting of planning permission does not entitle the applicant/developer to interfere with, obstruct or move the right of way. Powys County 15th Dec 2011 Does not wish to comment Council Highways Ramblers Association No comments received Powys

CONTRIBUTORS

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

The application has been advertised through the erection of a site notice, press advertisement and through direct neighbour notification. No representations or objections have been received.

RELEVANT POLICIES

Q21: “Rights of Way and Long Distance Routes” (Unitary Development Plan 2007) G3: “Development in the National Park” (Unitary Development Plan 2007) ES51: “Telecommunications Installations” (Unitary Development Plan 2007) LPG3: “Development in the National Park.” (Local Plan 1999) LPPU10: “Telecommunications” (Local Plan 1999)

PLANNING HISTORY App Ref Description Decision Date

None

OFFICER’S REPORT

Introduction

This application is being reported to the Planning, Access and Rights of Way Committee due to objections received from Hay Town Council, and the fact that the Head of

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Development Control considers that the development proposed would be in the public interest to be debated at PAROW with reference to the Scheme of Delegation.

This application seeks full planning permission to erect a telecommunications mast to the south of Hay on Wye. The site is located within the settlement development boundaries of Hay on Wye as defined by the Brecon Beacons National Park Local Plan 1999 (the ‘Local Plan’) and the Brecon Beacons National Park Unitary Development Plan 2007 (the ‘UDP’).

SITE DESCRIPTION

The applications site itself is located on a grassed area at the end of an industrial estate and bounded by hedges and trees to the east and west. The proposed site lies approximately 2 metres above the adjacent highway known as Forest Road. Surrounding uses are light industrial and agricultural in nature. An existing access serving Greenfield Industrial Estate is available from Forest Road and a public right of way runs from the south of the site up through the edge of Greenfield Industrial Estate to the north.

PROPOSAL

The proposal consists of a new 12.5 metre high, 0.325 metre wide, slim line column accommodating internal antennae to serve the ‘O2’ network. The associated equipment cabinets are to be sited to the north and east of the column and will be placed on root foundation of around 500mm in depth. It is proposed that there will be three lots of cabinets, one to serve the column, one to process the 2G element, and one to process the 3G broadband element. A 1.2 metre high timber post and rail fence are to surround the mast and cabinets, and the enclosure will have a gravel base. It is stated that the column structure will have a texture fibreglass finish in dark brown.

The proposal will enhance the coverage to areas not currently served by O2. It is also stated that efforts have been made to avoid the installation of a new mast however there are no available or suitable buildings or structures to accommodate their equipment.

OFFICERS APPRAISAL

Whilst the development plan for the area includes the adopted Local Plan, it has been largely superseded by the UDP which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up-to- date and relevant planning framework. This application is considered against Part 1 Policy 1 and detailed policies G3, Q21 and ES51 and policies G3 and PU10 of the Local Plan. Local Plan policies will only be considered where they differ significantly from their UDP counterparts.

UDP policy G3 refers to Development in the National Park and provides a series of general criteria against which proposals will be assessed. Criterion ii) requires proposals

Page 47 of 82 ENCLOSURE 6 to be within the ‘white areas’ of settlements with the exception of those developments covered by policies which enable development in the countryside. The application site is within the ‘white area’ of Hay on Wye. In the case of a telecommunications installation UDP policy is ES51must also be considered.

UDP policy ES51 states that telecommunications masts and installations required by statutory undertakers, telecommunications providers and the emergency services will be permitted where they conform to other policies in this plan and where i) they are demonstrated to be essential for their operation; and ii) there is no satisfactory alternative means of providing for the facility nor an appropriate opportunity for sharing an existing facility.

UDP policy Q21 refers to development that would prevent or adversely affect the use of a public right of way or route only being permitted where an equivalent can be provided.

CONSIDERATION OF ALTERNATIVES

The applicants have explored the possibility of using alternative sites to provide the necessary improvements to coverage. These are as follows:

- Mast sharing with the existing mast to the north west of the application site; however this option was discounted as, the mast is too far away from the town to provide the coverage necessary. - Using larger buildings within the tow such as the telephone exchange, Kilverts Hotel and the Swan Hotel; however these options were discounted as none provide a clear line of sight over surrounding buildings and trees; all are pitched roof buildings unsuitable for a rooftop installation; gable end face mounting would not be feasible as the fabric of the building is of particular character and the antennae and cabinets would be clearly visible. - Locating the mast at Wye Valley Business Park; this site was discounted as the site lies on low ground in relation to the town and surrounds and given it is over a one kilometre from the town and the coverage offered would be limited. - Locating the mast at Greenpit/Oakfield Farms; the farms offer an elevated view although offer little screening in a position outside the town. Notwithstanding this, the landowners in question did not wish to entertain accommodating an installation. - Locating the site at Greenfield Industrial Estate; the location is close to the town and offers an elevated view whilst being naturally screened. However the landowner was keen not to sterilise the lower part of the industrial estate, as not to impact on the tenant or future employment use. The buildings within the estate are all low level and as such would not be suitable to mount antennae on.

On balance, it is considered that in this instance there is no satisfactory alternative means of providing for the facility or an appropriate opportunity for sharing an existing facility. As such, the proposal complies with the requirements of UDP policy ES51ii).

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VISUAL AND NEIGHBOURING AMENITY

The installation of another telecommunications mast in the protected landscape is regrettable however, in line with paragraph 12.13.5 of Planning Policy Wales (2002) (PPW), officers do not question the need for such a development. Having accepted that the proposal is the most appropriate alternative considered by the applicant, officers must consider the visual impact of the proposal and its impact on the character of the surrounding area.

The siting of the proposal adjacent to an existing hedgerow and mature tree will help integrate the monopole into the receiving landscape especially during the summer months when there is foliage cover. Whilst the design is intended to meet functional needs, a simple monopole which is similar in appearance to a telegraph pole is considered the most appropriate for this location. Appropriate colouring of the column and associated equipment cabinets is essential to ensure the scheme blends in as much as possible. Boundary treatments and landscaping are also proposed around the site.

Whilst it is impossible for a development of this nature to be completely concealed, officers consider that the proposed scheme is as appropriate as can be achieved in this area. On balance, it is considered that the proposal does not have an unacceptable impact on the special qualities and natural beauty of the National Park. The scale, design, form, layout and use of materials are appropriate to the surroundings and the scheme is relatively well integrated into the receiving landscaping.

Health and safety issues are considered below and loss of views and depreciation in the value of properties are not material planning considerations. Officers consider that, once the installation is fully implemented, traffic movements to the site will be infrequent and will not have a significant impact on highway safety and traffic. Objections from Hay Town Council in relation to visual impact have been taken in to account, however as discussed above Officers feel that the scheme will be relatively well integrated in to the receiving landscape. Due to the nature of the proposal and its distance from the nearest neighbouring properties, no concerns are raised regarding neighbouring amenity. The proposal thus complies with Part 1 Policy 1 and relevant criteria i), iii), iv) and v) of UDP policy G3.

HEALTH AND SAFETY

Hay Town Council has raised concerns to the proposal due to doubtful impacts on health and safety.

Technical Advice Note 19 ‘Telecommunications’ (2002) (TAN19) states that ‘Local Planning Authorities should not seek to replicate through the planning system controls under the health and safety regime. Enforcement of health and safety legislation in this

Page 49 of 82 ENCLOSURE 6 area is a matter for the Health and Safety Executive’. TAN19 states that it is a statutory requirement that planning permission for development involving the installation of one or more antennas ‘need to be accompanied by a declaration that the equipment and installation, when constructed or installed, will operate in full compliance with International Commission on Non-Ionising Radiation Protection (ICNIRP) guidelines’.

In accordance with TAN19, an ICNIRP Declaration has been provided with the application confirming that the site is designed to be in full compliance with the requirements of the radio frequency (RF) public exposure guidelines on the limitation of the general public to electromagnetic fields (0 Hz to 300 GHz).

A recent appeal decision (APP/G4240/A/11/2157247) for a 18 metre telecommunications tower where the Local Planning Authority refused the application due to the effect of the proposal on the health and well-being of the people living in the neighbourhood has been allowed by the Planning Inspectorate and the appellant has been awarded full costs. The Inspector stated that if a proposed mobile phone base station meets the ICNIRP guidelines for public exposure it should not be necessary for a Local Planning Authority to consider further the health aspects and concerns about them.

PUBLIC RIGHT OF WAY

A public right of way (footpath) falls close to the proposed site. Following consultation with the Rights of Way Team no objections have been raised; however informative have been suggested to ensure that the right of way is not obstructed. The public right of way is in no way affected by the physical aspects of the development proposed and the developer would have to ensure that any access along the footpath is not obstructed. As such, officers consider the proposal to be in accordance with UDP policy Q21.

CONCLUSION

On balance, the proposal complies with Part 1 Policy 1 and detailed policies G3, Q21 and ES51 and policies G3 and PU10 of the Local Plan and is thus recommended for approval subject to conditions.

RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v1. NP2v2, NP3v2), unless otherwise agreed in writing by the Local Planning Authority. 3 The external finishing colour of the column and equipment cabinets shall be submitted to and approved in writing by the Local Planning Authority.

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Development shall be carried out in accordance with these approved details and maintained as such in perpetuity. 4 In the event of any of the equipment hereby permitted becoming redundant it shall be removed within three months of the last use of that equipment. 5 The boundary treatment to be installed in accordance with approved plan NP3v2 and thereafter not to be altered or replaced without prior written approval from the Local Planning Authority.

Reasons:

4 In the interest of visual amenity and character of the National Park landscape.

5 In the interest of visual amenity.

Informative Notes:

1 The development must not encroach upon the right of way and there should be no diminution in the width of the right of way available for use by members of the public 2 No building materials should be stored on the right of way 3 No damage should be caused to the surface of the right of way. If this is unavoidable the surface should be reinstated as quickly as possible to avoid any danger arising to the public 4 No substantial alteration, either temporary or permanent, should be caused to the surface of the right of way unless agreed by the Authority 5 Vehicle movements should be arranged so as not to substantially interfere with the public’s use of the right of way 6 No additional barriers (e.g. gates) should be placed across the right of way, of either a temporary or permanent nature

Page 51 of 82 ENCLOSURE 6

ITEM NUMBER: 5

APPLICATION NUMBER: 12/07619/FUL APPLICANTS NAME(S): Mr And Mrs Andrew Phillips SITE ADDRESS: Tylebrithos Cantref Brecon Powys LD3 8LR

GRID REF: E: 305029 N:225675 COMMUNITY: Llanfrynach DATE VALIDATED: 31 January 2012 DECISION DUE DATE: 27 March 2012 CASE OFFICER: Ms Tamsin Law

PROPOSAL Partial demolition of rear lean to dwelling. Erection of two storey extension to dwelling.

ADDRESS Tylebrithos, Cantref, Brecon

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CONSULTATIONS/COMMENTS Consultee Received Comments

Clwyd Powys 16th Feb 2012 No known features will be affected by the intended Archaeological Trust works. I would therefore not wish to offer any further comment on the application. CADW Ancient No comments received Monuments Llanfrynach 27th Feb 2012 No objections Community Council Powys County 14th Feb 2012 Does not wish to comment on the application Council Highways

CONTRIBUTORS

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

The application has been advertised through the erection of a site notice and through direct neighbour notification. No representations or objections have been received.

RELEVANT POLICIES

G3: “Development in the National Park” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) ES27: “House Extensions and Ancillary Buildings” (Unitary Development Plan 2007) LPG3: “Development in the National Park.” (Local Plan 1999) LPG7: “Design and energy conservation.” (Local Plan 1999) LPH14: “House extensions and ancillary buildings” (Local Plan 1999)

PLANNING HISTORY App Ref Description Decision Date

None

OFFICER’S REPORT

INTRODUCTION

This application is being reported to the Planning, Access and Rights of Way Committee as the applicant is a relation to an employee of the Brecon Beacons National Park Authority.

This application seeks full planning permission to demolish an existing substandard extension and replace with a single storey and two storey extensions to an existing residential dwelling to create additional living space. The application site, known as

Page 53 of 82 ENCLOSURE 6

Tylebrithos, is located within an area of open countryside, within the community of Llanfrynach as defined by the Brecon Beacons Unitary Development Plan 2007 ('the UDP') and the Brecon Beacons National Park Local Plan 1999 ('the Local Plan'). All works forming part of this application are within the existing curtilage of Tylebrithos, Cantref.

SITE APPRAISAL

The application site is a two-storey detached dwelling which is accessed by an unclassified road which forks off a classified road which runs from Llanfrynach and through Cantref. The property is served by an area of garden to the rear. The property lies within a farm yard with barns and agricultural buildings grouped to the south of the dwelling. The existing dwelling is finished with rough cast render, slate roof, stained timber and upvc windows and upvc doors.

PROPOSAL

The applicant seeks full planning permission to demolish an existing single storey extension and replace with a single-storey extension and two storey extension to the rear elevation of the property to accommodate a additional living space. Officers raised concerns over the size, scale and design of the original plans submitted. Following discussions with the agent amended plans were received.

The single storey element would measure 2.35 metres wide and 3.1 metres deep, with a ridge height of 4.9 metres falling to 3.1 metres at the eaves. The proposed two storey extension will measure 4.7 metres wide and 6.4 metres deep, with a ridge height of 5.5 metres falling to 4.4 metres at the eaves. The extension will create an additional volume of 85.053 cubic metres giving an increase in volume of 21 per cent.

The proposed extensions to the property will benefit from matching stained timber windows and Upvc doors, and will be finished with painted rough cast render and slate roofing to match the existing dwelling.

OFFICER APPRAISAL

Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework. This application is considered against policies G3, G6 and ES27 of the UDP and policies LPG3, LPG7 and LPH14 of the Local Plan. Whilst the development proposal will be considered against both the Approved UDP and Adopted Local Plan policies, greater weight shall be given to the more up to date UDP policies unless the Local Plan policies materially differ to warrant a departure from the UDP.

The Brecon Beacons National Park Authority Local Development Plan (LDP) has been

Page 54 of 82 ENCLOSURE 6 published in draft and progressed to public deposit state. Legal advice is that whilst emerging LDP is now material, little weight can be given to it in planning decision making at this stage.

The main considerations in this case are considered to be the impact of the proposal on and its effect on the character of the host dwelling and surrounding area and neighbour amenity.

PRINCIPLE OF DEVELOPMENT

Development within the open countryside is strictly controlled by virtue of Policy G3 (iii) of the UDP which stipulates that development will only take place within white areas as illustrated on the proposals map unless covered by other policies within the UDP.

Policy ES27 looks at extension to dwellings. Proposals for an extension to a dwelling in the open countryside that would increase the volume of the building by more than 30% will be considered to be contrary to Policy ES27. The proposed extension will increase the volume of the host dwelling by 21 per cent, and is therefore considered compliant with this part of policy ES27 of the UDP.

CHARACTER OF THE HOST PROPERTY AND SURROUNDING AREA

The proposed development must be in accordance with criteria iii) of policy G3, criterion i) and iii) of ES27 and policy G6.

The proposal represents an improvement in the character and appearance of the dwelling through the removal of a substandard extension. The proposal is of a scale which is considered appropriate to the scale, form and design of the existing dwelling. The use of matching external materials ensures the appropriate integration of the extension with the host dwelling and surrounding area. Sufficient private amenity space is retained to the rear of the property.

The extension will remain the subservient part of the overall finished structure, and sufficient curtilage will remain. The proposal is therefore considered to be in keeping with the surrounding area and the host dwelling and is therefore compliant with policy G3 (iii), G6 and ES27 (i).

NEIGHBOUR AMENITY

The proposal must be in accordance with policy G3 v) which states that the proposed development must not have an unacceptable impact on the amenity of the area, adjacent properties or the general public. Also looking at policy ES27 iv) the proposal will only be permitted if there is no significant loss of privacy to an adjoining property.

Although currently there is only one window in the side elevation which look out towards the nearest neighbouring property and there will be an addition of a further

Page 55 of 82 ENCLOSURE 6 window and door, Officers consider that due to the distance maintained between both properties (approximately 95 metres) that there will not be an unacceptable impact on the amenity or privacy of the neighbouring properties.

Officers therefore, do not consider that this proposal, and the addition a new window and door, will have an unacceptable impact on the amenity or privacy of adjacent properties. Therefore the proposal is in accordance with policies G3 v) and ES27 iv) if the UDP.

HIGHWAY SAFETY

There will be no change to the existing parking arrangements and Powys County Council Highways Department offer no adverse comments on the application. In this regard, the proposal is considered compliant with policy G3 (vii).

CONCLUSION

The proposed single storey extension is considered acceptable in that it would not have an unacceptable impact upon the character and appearance of the host dwelling or surrounding area nor would it have a detrimental impact on highway safety. As such the proposal conforms with policies G3, G6 and ES27 of the UDP and policies G3, G7 and H14 of the Local Plan and therefore is recommended for approval subject to conditions

RECOMMENDATION: Minded to Permit

Conditions and/or Reasons: 1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v1, NP2v2), unless otherwise agreed in writing by the Local Planning Authority. 3 Notwithstanding the approved plans, the extension hereby approved shall be fitted with recycled uPVC windows. No development shall take place until a sample and full manufacturer details specifying the recycled content of the uPVC windows has been submitted to and approved in writing with the Local Planning Authority. Once implemented in accordance with the approved details, any future replacements shall be of a similar recycled material, unless otherwise agreed in writing with the Local Planning Authority. Reasons: 1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 In the interest of sustainability

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ITEM NUMBER: 6

APPLICATION NUMBER: 11/07511/CPL APPLICANTS NAME(S): Richard Levy SITE ADDRESS: The National Park Visitor Centre Libanus Brecon LD3 8ER GRID REF: E: 297735 N:226210 COMMUNITY: Glyn Tarell DATE VALIDATED: 19 December 2011 DECISION DUE DATE: 13 February 2012 CASE OFFICER: Mr Sean Taylor

PROPOSAL Fenced in Met Office weather station

ADDRESS The National Park Visitor Centre, Libanus, Brecon

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CONSULTATIONS/COMMENTS Consultee Received Comments

NP Solicitor It is considered that the proposed Equipment would be classed as permitted development under the provisions of Part 34 Class A(b) of the Town and Country Planning (Application of Subordinate Legislation to the Crown) Order 2006. Therefore it is considered that formal planning permission is not required for the erection of the Equipment.

CONTRIBUTORS

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

No letters of representation have been received.

RELEVANT POLICIES

G3: “Development in the National Park” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) LPG3: “Development in the National Park.” (Local Plan 1999) LPG6: “Development in the National Park.” (Local Plan 1999)

PLANNING HISTORY App Ref Description Decision Date

None

OFFICER’S REPORT

INTRODUCTION

This application seeks a Proposed Lawful Development Certificate is to be heard by the Planning, Access and Rights of Way Committee as it seeks to install Met Office meteorological monitoring system equipment on BBNPA owned land. Furthermore, the application has been submitted by the BBNPA.

Members will note that the application seeks to establish the lawfulness of the proposal in line with the requirements of the Town and Country Planning (General Permitted Development) Order 1995. Consequently, it is not within the Authority’s remit to consider the merits, or otherwise of the proposed development.

The proposed Equipment would be situated within a fenced compound measuring 5m by

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7m. The proposed Equipment would cover an area of approximately 1m by 1m (details of the proposed Equipment are illustrated on plan NP2v1).

SITE DESCRIPTION

The site has been in operation as the National Park Visitor Centre since 1966 and attracts a large number of visitors which has placed pressure on various aspects of the site’s infrastructure. The site is located approximately 1.5miles west of Libanus on Mynydd Illtud and comprises the main visitor centre building, car parking area and grassed amenity areas with far reaching views across to Pen y Fan.

The application site area comprises an area of open land leading south west from the main visitor centre building towards the existing highway lane (located towards the rear of the site) leading towards Libanus.

OFFICER’S APPRAISAL

The application seeks a proposed lawful development certificate to be issued for the Equipment to be located on site.

Having reviewed the submission information and the circumstances of the applicant, it is considered that the proposed Equipment would be classed as permitted development under the provisions of Part 34 Class A(b) of the Town and Country Planning (Application of Subordinate Legislation to the Crown) Order 2006.

Under current planning legislation particular operations undertaken by the National Park Authority are covered under the special arrangements commended to all Crown bodies under Part 34 of the Town & Country Planning (Application of Subordinate Legislation to the Crown) Order 2006. Specifically Class A(b) purports that it is permitted development for “The erection or construction and the maintenance, improvement or other alteration by or on behalf of the Crown of - (b) lamp standards, information kiosks, passenger shelter, shelters and seat, telephone boxes, fire alarms, drinking fountains, refuse bins or baskets, barriers for the control of people and vehicles and similar structures or works required in connection with the operational purposes of the Crown.”

It is considered that the proposed development applied for falls under the classification of “similar structures or works required in connection with the operational purposes of the Crown” outlined in Class A(b) Part 34 of the Town & Country Planning (Application of Subordinate Legislation to the Crown) Order 2006. Therefore it is considered that planning permission is not required for the erection of the Equipment.

It is considered that the Equipment is classed as permitted development and a Certificate of Lawfulness should be granted.

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RECOMMENDATION: Deemed Permitted Development

Conditions and/or Reasons:

Reasons:

1 The installation of Met Office meteorological monitoring system equipment is classed as Permitted Development under the provision of Part 34 Class A of the Town and Country Planning (Application of Subordinate Legislation to the Crown)Order 2006 as it is considered to be classed as works required in connection with the operational purposes of the Crown.

Page 60 of 82 ENCLOSURE 6

ITEM NUMBER: 7

APPLICATION NUMBER: 11/07528/FUL APPLICANTS NAME(S): Mr Rees Powell SITE ADDRESS: Tir Yr Onen Off A4059 Penderyn Rd Aberdare Rhondda Cynon Taff

GRID REF: E: 296579 N:212670 COMMUNITY: Hirwaun DATE VALIDATED: 4 January 2012 DECISION DUE DATE: 29 February 2012 CASE OFFICER: Mr Sean Taylor

PROPOSAL Application to retain upgrading works to the existing farm access track and to enable the completion of the works by laying scalpings to the track surface together with soiling and grass seeding of exposed hardcore sub base edges.

ADDRESS Tir Yr Onen, Off A4059 Penderyn Rd, Aberdare

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CONSULTATIONS/COMMENTS Consultee Received Comments

Dwr Cymru Welsh No comments received. Water Hirwaun And No comments received. Penderyn Community Council NP Consultant No comments received. Landscape Advisor NP Ecologist 9th Feb 2012 I note that the application is to retain the existing upgraded track works that were completed in 2010 and provided a higher quality surface finish. I am also aware that the consultation response from RCT has recommended a further widening of the track for the first 15 metres from the edge of the existing highway. I understand that this is a farm access track to the small unoccupied farmhouse and barn buildings located around 400m to the north. I accept the need for the exit and entry off the busy A4059 to be raised and widened, however as farm track that would appear from the photographic evidence and a recent site visit to be used infrequently, it would appear unnecessary to be upgraded along its full length for agricultural purposes. However, I can see the benefit of an improved surface if access was needed to the unoccupied but recently largely refurbished small farmhouse.

According to the submitted Planning Statement the upgrading works that were completed in 2010 used material generated during the course of "de-silting operation undertaken in association with the Environment Agency ...". As consequence the material is made of river cobbles and shingle derived from local Old Red Sandstone, Limestone and Grit stone. The laying of these cobbles and shingle has had little ecological impact where is has been placed along the line the former access track. The laying of the proposed further 100mm of scalpings over the surface of the existing line of cobbles and shingle will equally have little effect on any local features of the nature conservation interest. I would also judge that the area where it is proposed to widen the current track next to the existing highway is a mix of acid grassland and stands of soft rush with limited

Page 62 of 82 ENCLOSURE 6 ecological importance.

The Planning Statement does not indicate the nature of the scalping. As a consequence of the scale of the current track, the current very limited level of use and mixed nature of the stone it is not particularly intrusive in the landscape. If it is deemed necessary to provide a better finish on the full track for the agreed use I would argue that the National Park Authority should seek to control the nature of the material to minimise the potential landscape and visual impact. It may be preferable to use locally sourced Old Red Sandstone scalpings which has a more muted and mottled appearance as opposed to the potentially more starkly contrasting local Limestone.

The application seeks to soil and seed the exposed sub-base surfaces. On the basis of my site visit and reference to the planning file photographs I would suggest that this may only be necessary along the first 15-20 metres. It is important that the National Park Authority can control the source of soil and therefore minimise the risk of notifiable weed species being introduced to this location. If it is accepted that scalpings are to be spread along the full length of the track it may be possible to scrape off and salvage a layer of topsoil from the lower sections of the current track surface, before laying the scalpings. This salvaged soil should be scattered over the exposed sub-base surfaces. I do not believe it should be necessary to cover the full surface to soften the visual appearance of the track. The salvaged material will contain rooted local grasses and seed and therefore in view it will equally not be necessary to broadcast seed over the spread material. The re-use of local materials will allow the track to sit more easily in the landscape.

Recommendations

Should the National Park Authority be minded to grant permission for the above application I would recommend that the following matters are clarified and controlled by means of appropriate condition.

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1.0 The intended use of the track should be clarified and formalised as part of any determination.

2.0 A method statement should be submitted for approval to the National Park Authority specifying the nature of the scalpings, the source of the soil and seed mix. The approved method statement shall be implemented in full.

NP Head Warden No comments received. Rhondda Cynon Taf 26th Jan 2012 The access track as proposed is sub-standard in CBC Highways width 3.5m to accommodate 2 vehicles to pass one- another. Given the length of the driveway 350m a vehicle would be parked on the A4059 for a considerable period of time awaiting a vehicle leaving Tir Yr Onen farm to clear the access track. Therefore in terms of highway safety it is proposed to widen the access track to 4.8m for the first 15m in length to provide a waiting area off the A4059 for highway safety reasons. Therefore a condition has been suggested accordingly.

The visibility requirement for a 60Mph road is 2.4m x 215m in accordance with table A TAN 18. The visibility to the west is sub-standard however given that the access is an existing access and the application is for upgrading works only and there are no reported accidents within the vicinity of the site with regards vehicles accessing or exiting the site on balance no objection is raised.

Taking the above into consideration no highway objection is raised subject to the following condition:- 1. The existing access shall be widened to 4.8m for the first 15m in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interest of highway safety.

Ystradfellte 11th Jan 2012 They support the application. Community Council

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CONTRIBUTORS

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

No letters of representation have been received.

RELEVANT POLICIES

G3: “Development in the National Park” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) ES35: “Design and Maintenance of Roads” (Unitary Development Plan 2007) LPG3: “Development in the National Park.” (Local Plan 1999) LPG6: “Development in the National Park.” (Local Plan 1999)

PLANNING HISTORY App Ref Description Decision Date

None

OFFICER’S REPORT

INTRODUCTION

This planning application comes before Planning and Rights of Way Committee for determination as Brecon Beacons National Park has an interest in the land associated with this application.

The application seeks full planning permission to retain existing upgrading works to a farm access and completion of the works with the laying of scalping, soil and grass seeding on exposed hardcore sub base edges. The existing track is accessed from the A4059 and provides access to the existing farmstead of Tir Yr Onen. The site is located within an area of open countryside within the community of Aberdare as defined by the Proposals Maps of the Brecon Beacons National Park Unitary Development Plan 2007 (‘the UDP’) and the Brecon Beacons National Park Local Plan 1999 (‘the Local Plan’).

SITE APPRAISAL

The existing track is approximately 350 metres in length and runs due north from the A4059 which crosses exposed open countryside land owned by the National Park Authority.

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APPLICATION DETAILS

The construction upgrading of the track has been carried out by spreading a porous silt material along the existing track line and then rolling it into a depth of approximately 0.2-0.3 metres. Where the access joins the A4059 the depth of the upgrading work has been increased to approximately 0.5 metres . This increase at this point then resulted in the battens spreading outside the boundaries of the existing track (therefore the additional resulting width of the track also forms part of this application). No details or specification of the proposed scalping, soil or grass have been provided as part of this application.

PLANNING CONSIDERATIONS

Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework. This application is considered against policies G3, G6 and ES35 of the UDP and policies G3 and G6 of the Local Plan. Local Plan policies will only be considered where they differ significantly from their UDP counterparts.

The key considerations with regard to the application have been determined as i) the principle of the development (including whether appropriate materials have and would be used), ii) impact on the existing ecology on site, iii) impact on highway safety and iv) whether the development impacts on the landscape.

The applicant has stated in their supporting submission documentation that the upgrading of the track was required because the existing track had deteriorated through use, natural erosion and the re-surfacing of the A4059 which had resulted in the increase in the height of the Trunk road to the detriment of the level of the track. Furthermore, it is submitted that the improvement works are essential to maintain a safe and adequate access to and from the existing agricultural buildings (Tir Yr Onen) which form part of a larger agricultural unit. In terms of materials already used, the applicant has stipulated that base materials originated from the de-silting of the river bed which runs through the site (no materials have been brought on site). No details or specifications in terms of the proposed scalping, top soil or grass seeding have been submitted. Mindful that there was an existing track leading to the buildings on site (known as Tir Yr Onen) and the works only involve the upgrading of the existing track (not the creation of a new track) it is therefore considered that the nature of the upgrading works are acceptable in principle.

In terms of the impact on the ecology on site and the existing and proposed materials to be associated with the upgrading works, the Park’s Ecologist has stated “According to the submitted Planning Statement the upgrading works that were completed in 2010 used material generated during the course of “de-silting operation undertaken in association with the Environment Agency ...”. As consequence the material is made of

Page 66 of 82 ENCLOSURE 6 river cobbles and shingle derived from local Old Red Sandstone, Limestone and Grit stone. The laying of these cobbles and shingle has had little ecological impact where is has been placed along the line the former access track. The laying of the proposed further 100mm of scalpings over the surface of the existing line of cobbles and shingle will equally have little effect on any local features of the nature conservation interest. I would also judge that the area where it is proposed to widen the current track next to the existing highway is a mix of acid grassland and stands of soft rush with limited ecological importance. The Planning Statement does not indicate the nature of the scalping. As a consequence of the scale of the current track, the current very limited level of use and mixed nature of the stone it is not particularly intrusive in the landscape. If it is deemed necessary to provide a better finish on the full track for the agreed use I would argue that the National Park Authority should seek to control the nature of the material to minimise the potential landscape and visual impact. It may be preferable to use locally sourced Old Red Sandstone scalpings which has a more muted and mottled appearance as opposed to the potentially more starkly contrasting local Limestone. The application seeks to soil and seed the exposed sub-base surfaces. On the basis of my site visit and reference to the planning file photographs I would suggest that this may only be necessary along the first 15-20 metres. It is important that the National Park Authority can control the source of soil and therefore minimise the risk of notifiable weed species being introduced to this location. If it is accepted that scalpings are to be spread along the full length of the track it may be possible to scrape off and salvage a layer of topsoil from the lower sections of the current track surface, before laying the scalpings. This salvaged soil should be scattered over the exposed sub-base surfaces. I do not believe it should be necessary to cover the full surface to soften the visual appearance of the track. The salvaged material will contain rooted local grasses and seed and therefore in view it will equally not be necessary to broadcast seed over the spread material. The re- use of local materials will allow the track to sit more easily in the landscape.”

It is therefore considered that appropriate conditions relating to the control of materials to be used on site should be attached to any planning permission granted in order to prevent the upgraded track having an unacceptable impact on the ecology on site or on the surrounding character and visual amenity of the area.

With regards to the developments impact on the existing landscape, it is considered that such developments are not uncommon in the area and the proposed uses of materials are considered appropriate. Therefore it is considered that the development would maintain an orderly appearance to the area and will maintain the qualities and character of the surrounding landscape.

In terms of highway safety, Rhondda Cynon Taf Council (RCT) Highways Development Control & Adoptions Manager has commented on the application and requested that, for highway safety purposes, the track should be widened to 4.8m for the first 15m in length (this would provide a waiting area off the A4059 for highway safety reasons). The applicant was advised accordingly and they subsequently submitted amended plans in accordance with the recommendation of the RCT’s Highways Development Control & Adoptions Manager comments. Therefore it is considered that the proposed scheme

Page 67 of 82 ENCLOSURE 6 would not adversely impact highway safety and complies with the policy criteria set out in Policy ES35.

In conclusion it is considered that the development proposed is acceptable in principle, it would not have a detrimental impact on the character of the surrounding area or the visual amenity or character of the area and would not unduly prejudice highway safety. On the basis of the above report, the application is recommended for approval subject to conditions.

RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v1, NP2v1, NP3v1), unless otherwise agreed in writing by the Local Planning Authority. 3 The development hereby approved shall be carried out strictly in accordance with the amended plan[s] received (15th February 2012), unless otherwise agreed in writing by the Local Planning Authority. 4 Prior to the laying of scalping and the soiling and grass seeding of exposed hardcore sub base edges, a Method Statement specifying the nature of the scalping the source of the soil and seed mix shall be submitted to and approved in writing by the National Park Authority. Thereafter, the development shall be completed in accordance with the approved details.

Reasons:

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ITEM NUMBER: 8

APPLICATION NUMBER: 12/07603/FUL APPLICANTS NAME(S): Mr & Mrs N French SITE ADDRESS: BROOK COTTAGE Ffawyddog Crickhowell NP8 1PY GRID REF: E: 320362 N:218061 COMMUNITY: Llangattock DATE VALIDATED: 26 January 2012 DECISION DUE DATE: 22 March 2012 CASE OFFICER: Mr Ryan Greaney

PROPOSAL Replacement of existing cottage with new dwelling

ADDRESS BROOK COTTAGE , Ffawyddog, Crickhowell

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CONSULTATIONS/COMMENTS Consultee Received Comments

Brecon Beacons Park 21st Feb 2012 Object to the planning application. We feel that the Society proposed development does not accord with either the purposes of the National Park or the aims of the Unitary Development Plan.

I. The proposal to demolish a cottage which is some 200 years old and replace it with a new dwelling would have an unacceptable impact on the cultural heritage of the National Park. It is therefore contrary to Policy G3 i) of the UDP. Though in a poor state of repair it would be possible to renovate the existing building. It might seem that one small cottage is of no importance but it is modest buildings like this that are an essential part of the built heritage of the National Park and give it much of its character. 2. The cottage is part of the historic fabric of the Ffawyddog and its destruction would be a contravention of Policy E26 i) of the UDP. 3. The proposed replacement dwelling would be 39% larger in volume than the original. Having in mind the permitted size increases for existing dwellings under Policy ES27, the officer, in his report on the previous proposal for this site (11/0785/FUL), stated that "proposals for a replacement dwelling in excess of 30% of the cubic content of the existing dwelling would be considered contrary to UDP policy." We therefore suggest that the proposed dwelling is too large.

For the above reasons we consider that the application should be refused. Clwyd Powys 16th Feb 2012 The dwelling is a remarkably intact and well Archaeological Trust preserved example that contributes to the landscape and the vernacular building stock of the late 18th and early 19th Century…The traditional stone cottage forms part of a group of cottages set in their own parcels of ground along a minor road. Together these cottages make up the dispersed rural settlement of Ffawyddog…and historical research suggests it was built between 1760 and 1845…Due to the direct impact on this historic and archaeological resource we would wish to formally

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object to the application on the grounds that it is at variance with Policy G3(i) and will have an unacceptable impact on the cultural heritage. Countryside Council 9th Feb 2012 No objection For Wales Countryside Council 17th Feb 2012 No objection. For Wales Environment Agency 16th Feb 2012 Does not require direct consultation Wales Llangattock 24th Feb 2012 Commenting Community Council Llangattock 28th Feb 2012 Community Council Merthyr Tydfil 22nd Feb 2012 The building to which this application relates reflects Building Conservation the rural livelihood of Ffawyddog during the early Officer 19th Century. Although much altered, the building remains a historic example of the building stock of Ffawyddog in this period, housing agricultural settlers.

Having assessed the architectural and historical merit of the building, it is considered that whilst the building retains an ornate core, including lime rendered walls and window surrounds with archetypal proportioned openings of its period, the building has been altered significantly over the past three decades to include uncharacteristic treatments to apertures and poorly positioned extensions. Accordingly, it is not to be of sufficient standard to warrant Listed Building status (nor the issuance of a Building Preservation Notice).

The building, however, is considered to be of potential local importance, reflecting the agricultural development of Ffawyddog. However, in the most recent survey of Locally Listed Buildings within the National Park, Brook Cottage did not meet the set criteria to warrant Local Listing. Therefore, whilst it is ideal that the building should be preserved in situ and that current unsympathetic alterations and poor condition can be overcome, it is regrettable that current local and national planning policy does not protect unlisted buildings of this type and age outside of Conservation Areas.

Whilst the proposed replacement is of a larger scale

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to the current building, it is considered that there will be minimal impact on the surrounding area. It is considered that an appropriate design and massing has been incorporated into the proposals taking design cues from the locality. The proposed materials are considered appropriate for this replacement building

NP Ecologist 20th Feb 2012 No objection subject to condition. Additional clarification required in relation to tree protection.

NP Ecologist No comments received to date

NP Head Of Strategy No comments received to date Policy And Heritage NP Tree Consultant 1 No comments received to date Bettina Broadway Mann Powys County 8th Feb 2012 No Comments Council Highways Powys County No comments received to date Council Highways

CONTRIBUTORS

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

RELEVANT POLICIES

G3: “Development in the National Park” (Unitary Development Plan 2007) G6: “Design” (Unitary Development Plan 2007) ES26: “Demolition and Replacement of Dwellings” (Unitary Development Plan 2007) LPG3: “Development in the National Park.” (Local Plan 1999) LPG7: “Design and energy conservation.” (Local Plan 1999) LPH8: “New dwellings in the countryside.” (Local Plan 1999)

PLANNING HISTORY App Ref Description Decision Date

11/07085/FUL Replacement Dwelling Application 5th Oct 2011 Refused 11/07501/FUL replacement of existing cottage Application 27th Jan 2012 with new dwelling Withdrawn

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OFFICER’S REPORT

INTRODUCTION

This application is to be heard by the Planning Access and Rights of Way Committee as it proposes a replacement dwelling that would represent a volume increase of more than 30% which, technically, would be a departure from Policy ES26 of the Authority Approved Unitary Development Plan (March 2007) and the associated Guidance Note.

Site Description

This application relates to Brook Cottage, Ffawyddog, near Llangattock. Brook Cottage is a relatively small detached cottage (200m3) set within a relatively generous curtilage. It is relatively well screened by mature trees to the north west and north east and by the mature hedgerow that runs along its access. It is set back some 15m from the public highway, but the lack of vegetation on the south west boundary means that it is highly visible from this vantage point.

The site is accessed directly from the public highway via a narrow driveway bound by mature hedgerow.

The site is located beyond the white areas of the Llangattock settlement, as defined by the Unitary Development Plan, and is therefore located in the Countryside.

Site History

Planning application ref: 11/07085/FUL proposed to demolish the existing dwelling and erect a replacement together with detached triple garage.

The dwelling proposed would have measured a maximum of 22.8m in width by a maximum of 11m in depth. It would have a maximum height of 6.4m with a part flat and part pitched roof.

Due to the sloping nature of the site, the dwelling was proposed to be split into three sections. The upper flat roofed section was to comprise an en suite bedroom, a walk in wardrobe and an externally accessed storage room. The middle pitched roof section was to be orientated perpendicular to the upper (and lower) section and was to comprise a utility room and lounge on the lower ground floor with two further en suite bedrooms and an entrance hallway above. The lower pitched roof section was to comprise an open plan kitchen and lounge area. This section was to be served by a relatively large rooflight as well as a fully glazed gable end.

The dwelling proposed would have measured 575m3 which would have represented a 187% increase in terms of volume.

It was also proposed to erect a triple garage measuring 8.4m in width by 5.7m in depth.

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It would have had a maximum height of 4.3m with a pitched roof. It would have had a single open bay and two bays with double hardwood doors and was to be set into the bank

Application 11/07085/FUL was refused for the following reasons: 1 The proposed development by reason of its design, mass and scale, would result in an incongruous feature, unsympathetic to its setting and forming a visually intrusive development in the countryside. As such, the development which is outside any settlement boundary, fails to maintain or enhance the special qualities and character of this part of the National Park and is contrary to policies G3, G6 and ES26 of the Brecon Beacons National Park Unitary Development Plan (Approved March 2007) and Policies G3, G6 and H12 of the Local Plan (Adopted May 1999).

2 The proposed development, by reason of its scale, would result in the increased use of an existing access which has extremely restricted visibility. The increase in traffic would serve to exacerbate the existing hazard to the detriment of highway safety contrary to Policies G3 and ES26 of the Brecon Beacons National Park Unitary Development Plan (Approved March 2007) and Policies G3 and H12 of the Brecon Beacons National Park Local Plan (Adopted May 1999).

3 Insufficient information has been submitted to fully consider the potential impact of the proposed development on the trees recorded in the Arboricultural Report prepared by ArbTS (June 2011).

Proposed Development

The application under consideration proposes a replacement dwelling measuring a maximum of 14.2m in width by a maximum of 10.9m in depth. It would have a maximum height of 6.8m with a pitched roof.

The proposed dwelling would be split into an upper and lower section. The upper section would comprise 2no. bedrooms with 2no. en suite bathrooms. The lower section would be orientated perpendicular to the upper section and would be set at a lower level. It would comprise a utility room, kitchen and lounge.

As referred to above, the two sections of the proposed dwelling would be orientated perpendicular to each other. The upper level would be finished with a painted smooth render and the lower section would be finished with natural stone. It is also proposed to finish the dwelling with a natural slate roof, oiled hardwood windows and doors, untreated oak rafters and eaves and a dark grey flue pipe.

The proposed dwelling would measure approximately 346m3 in volume which would equate to a volume increase beyond the original dwelling of approximately 57%.

It is also proposed to provide a detached double garage measuring 5.8m in width by 5.4m in depth. It would have a maximum height of 4.3m with a pitched roof. It would

Page 74 of 82 ENCLOSURE 6 have a single open car parking bay and another bay which would be enclosed by an oiled hardwood double door. The building would set partially into the bank on this sloping site and would be finished with a natural slate roof and red cedar cladding walls. The associated retaining wall would comprise a mix of planting and dry stone walling.

Policy Context

Following statutory adoption of the Brecon Beacons National Park Local Plan 1999 (Local Plan), work on the Brecon Beacons National Park Unitary Development Plan (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 the 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. This application is considered against policy G3, G6 and ES26 of the UDP and policy G3, G7, H8 and H12 of the Local Plan.

OFFICER APPRAISAL

Material Planning Considerations

The main material considerations for a development of this type are the principle of

Page 75 of 82 ENCLOSURE 6 development and the potential impacts upon visual amenity, neighbour amenity, highway safety, protected species and trees.

Principle of Development

It is considered that the proposed development is acceptable in principle as it is considered to be compliant with the following Unitary Development Plan Policies:

Part 1 Policy 1 of the UDP relates to “The Special Qualities of the National Park”. It states that in considering all proposals for development the National Park Authority will give great weight to conserving and enhancing the Park’s special qualities and its natural beauty, wildlife and cultural heritage which the designation is intended to protect. It is considered that the proposed development would be appropriate in terms of its scale and would not have a material adverse impact upon the special qualities and natural beauty of this part of the National Park as a result.

Policy G3 is an overarching policy which relates to all development in the National Park. It states that all proposals for development or change of use of land or buildings in the National Park must comply with the criteria relevant to the proposal. It is considered that the proposed development is compliant with criteria i), ii), iii), iv), v), vii) and ix) of Policy G3 due to its sympathetic design and scale and its negligible impact upon highway safety. It is acknowledged that the site is located within the countryside, but Policy ES26 of the UDP ensures that replacement dwellings are an exception to Policy G3 ii).

The Development Control Guidance Note relating to Policy ES26 of the UDP relates specifically to the demolition and replacement of dwellings. It was prepared within the context of national planning policy guidance that seeks to protect the countryside and reflects local concern regarding the impact of replacement dwellings on the National Park’s special character and landscape.

The replacement of an existing dwelling in the countryside may be considered acceptable in principle under the criteria of Policy ES26 (ie where the existing dwelling is not a traditional dwelling of particular architectural, historic or visual merit and the proposal, including its access and curtilage, conforms to other policies in the BBNP UDP). However, to fully conform to UDP policy, there is also a requirement for the replacement dwelling to be ‘more appropriate in the National Park’ than the existing dwelling. In addition to this, the design and curtilage of the proposed replacement dwelling should also be ‘at least as sympathetic to the setting as the original dwelling’ (UDP: ES26 & Para 5.100). All proposals for development in the National Park, including replacement dwellings, must comply with the criteria in General Planning Policy G3 of the UDP. In accordance with this, development of a replacement dwelling must be of ‘appropriate scale, form, layout… and use of materials…and will maintain or enhance the quality of the Park’s landscape and built environment’ (in accordance with criterion iii).

In order to comply with the above, the NPA consider it to be important to stipulate

Page 76 of 82 ENCLOSURE 6 what is considered to be appropriate in terms of size when dealing with an application for a replacement dwelling. For example, the size of a dwelling will greatly impact on the proposal’s compliance with the NPA’s policy requirements stated above. The NPA would expect the replacement dwelling to be of similar size to the existing dwelling in order to be sympathetic to its setting in the National Park. However it may be permissible, under Policy ES27, for an extension to increase the cubic content of the existing dwelling. With respect to this, it is considered that the guidelines on the permitted size increases for extensions to be equally applicable for replacement dwellings in the countryside. In respect of this, proposals for a replacement dwelling in excess of 30% of the cubic content of the existing dwelling would be considered contrary to UDP policy. At 57%, it is considered that the proposed increase in size would not be wholly compliant with Policy ES26. However, it is considered that the proposed development is acceptable in this case. Removal of Permitted Development Rights would also prevent any future increase in size without applying for planning permission to ensure the size of resultant building is limited in the future.

The existing dwelling is relatively small and has not been occupied for some time. It is finished with a slate roof and a white rough render and has benefited from two lean-to extensions. It is also in a relatively poor state of repair and the associated curtilage is overgrown comprising a mix of scrub and long grass. However, the Clwyd Powys Archaeological Trust has stated that the dwelling is a “…remarkably intact and well preserved example that contributes to the landscape and the vernacular building stock of the late 18th and early 19th Century…The traditional stone cottage forms part of a group of cottages set in their own parcels of ground along a minor road. Together these cottages make up the dispersed rural settlement of Ffawyddog…and historical research suggests it was built between 1760 and 1845…Due to the direct impact on this historic and archaeological resource we would wish to formally object to the application on the grounds that it is at variance with Policy G3(i) and will have an unacceptable impact on the cultural heritage”.

Furthermore, the Brecon Beacons Park Society raise objection to the planning application for the following reasons:

“I. The proposal to demolish a cottage which is some 200 years old and replace it with a new dwelling would have an unacceptable impact on the cultural heritage of the National Park. It is therefore contrary to Policy G3 i) of the UDP. Though in a poor state of repair it would be possible to renovate the existing building. It might seem that one small cottage is of no importance but it is modest buildings like this that are an essential part of the built heritage of the National Park and give it much of its character. 2. The cottage is part of the historic fabric of the Ffawyddog and its destruction would be a contravention of Policy E26 i) of the UDP. 3. The proposed replacement dwelling would be 39% larger in volume than the original. Having in mind the permitted size increases for existing dwellings under Policy ES27, the officer, in his report on the previous proposal for this site (11/0785/FUL), stated that “proposals for a replacement dwelling in excess of 30% of the cubic content of the existing dwelling would be considered contrary to UDP policy.” We therefore suggest

Page 77 of 82 ENCLOSURE 6 that the proposed dwelling is too large.”

The proposed dwelling would be designed to accommodate the topography of the site by providing a step down from the upper to the lower section. It is considered that this would contribute to minimising the potential impact upon the visual amenities of the area by reducing the overall scale of the proposal. Indeed, the proposal represents a significantly reduced scheme compared with that which was previously refused. Moreover, it is considered that its pitched roof design and use of natural and sustainable materials such as local natural stone, natural Welsh slates and hardwood windows and doors would also help to ensure that the dwelling would not be less appropriate in its setting than the existing dwelling.

Moreover, the Merthyr Tydfil Buildings Conservation Officer has stated that “The building to which this application relates reflects the rural livelihood of Ffawyddog during the early 19th Century. Although much altered, the building remains a historic example of the building stock of Ffawyddog in this period, housing agricultural settlers.

Whilst the proposed replacement is of a larger scale to the current building, it is considered that there will be minimal impact on the surrounding area. It is considered that an appropriate design and massing has been incorporated into the proposals taking design cues from the locality. The proposed materials are considered appropriate for this replacement building”.

However, the Merthyr Tydfil Buildings Conservation Officer suggested the imposition of a condition requesting the submission and implementation of an appropriate written programme of historic building recording.

Overall, it is considered that the proposed development is acceptable in principle and complies with the requirements of UDP policies G3 and ES26.

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Visual Amenity

As referred to above, it is considered that the proposed development would be acceptable in visual amenity terms. It is acknowledged that the proposed dwelling would be relatively well screened by mature vegetation and that its split level design takes account of the sloping nature of the site. However, the proposed dwelling would still be highly visible from the nearby public highway and neighbouring properties (public and private vantage points).

The existing dwelling is set back from the roadside and is relatively small. Therefore, any development that would extend nearer to the public highway (albeit set into the bank) and that would significantly increase the scale of the built form within the site is likely to have a material impact upon the visual amenities of the area. In this case, it is considered that the potential impact on the visual amenities of the area would be eased by the stepped down design and by the scale of the proposals. It is considered that the 57% increase in terms of the volume of the proposed dwelling, together with siting of the proposed double garage (which is to be set into the bank) would not have a material impact upon the visual amenities of the area nor upon the natural beauty and special qualities of this particular part of the National Park.

Neighbour Amenity

Despite the increase in scale, it is considered that the proposed development would not have a net material adverse impact in terms neighbour amenity. The proposed dwelling and detached garage would take account of the sloping nature of the site and would be set, in part, into the bank. Furthermore, it would be sited a significant distance away from neighbouring dwellings and gardens and would not, as a result, have a material adverse impact in terms of a loss of privacy, loss of light or overbearing impact.

It should be noted that no objections have been received from neighbouring residents.

Highway Safety

The Powys County Council Highways Authority has offered no comments on the proposed development. The reduction in the number of bedrooms proposed since the previous refusal ensures that there would be no increase in terms of parking requirement or an increase in vehicle movements along a sub-standard access drive. Accordingly, it is considered that the proposed development would be acceptable in highway safety terms and would be compliant with the highway safety related criteria of Policies G3 and ES26 as a result.

Protected Species

The National Park Ecologist has stated that the comments made under the previously refused scheme are still valid. These comments stated that “I am satisfied that the Just Mammals bat and bird survey has been completed in accordance with the standard

Page 79 of 82 ENCLOSURE 6 methodology and therefore accept as reliable the conclusion of the likely absence of bats from the existing cottage. In the likely absence of bats there are no specific mitigation requirements for this protected species arising from the proposed development. I welcome though the precautionary note in Section 10.1 of the Just Mammals report (October 2010).

The Just Mammals survey report recognises that the hedge/tree lines bounding the application site are likely to be used by foraging and commuting bats, and recommends in Section 10.3 a progressive management that seeks to maintain the value of these habitat features as bat flight lines. In addition to avoid conflict between potential bat flight lines and external lighting, it will be necessary to control the nature and location of such lighting as recommended in Section 10.5 of the Just Mammals report.

Non-native Himalayan balsam was recorded by Just Mammals growing within the application. The Wildlife and Countryside Act 1981 (as amended April 2010) provides the primary controls on the release of non-native species into the wild in Great Britain. It is an offence under section 14(2) of the Act to ‘plant or otherwise cause to grow in the wild’ any plant listed in Schedule 9, Part II. Himalayan Balsam is a Schedule 9 non- native species. Furthermore as stated in Section 10.4 of the Just Mammals report that Section 34 of the Environment Protection Act 1990 “ ... places a duty of care on all waste producers to ensure that any wastes are disposed of safely ...” The National Park Authority must seek to remind the applicant/agent of this duty of care.

A dense growth of ivy was noted on the northern corner of the cottage during the bat and bird survey. Although no nesting birds were recorded at the time of the survey this vegetation has the potential to support nest sites, and it is therefore recommended in Section 10.2 of the Just Mammals report that caution is used during the proposed removal of the ivy.

The National Park Authority (NPA) are obliged under the provisions of the NERC Act 2006 and the statutory purposes of the National Park to conserve and enhance biodiversity through their development control functions. In doing so the NPA need to consider whether it is appropriate to seek biodiversity gains from each development under their consideration. It is my opinion that the NPA should seek biodiversity enhancements from this development. The replacement dwelling does offer the opportunity to provide new roosting sites for bats through the creation of simple small gaps (18-25mm deep by 75-100m long) between the walls and the barge/soffit boards and/or within the proposed timber weather boarding illustrated on the design drawings.

Trees

The NP Ecologist has stated that he “welcome(s) the preparation of the Arboricultural Report by ArbTS (June 2011) which illustrates the root protection areas for the more notable trees within the application site. It is not clear from the Design and Access Statement or the design drawing how this information has influenced the development proposals. Clarification is sought on which trees will actually be lost to the proposed

Page 80 of 82 ENCLOSURE 6 development”.

In addition, greater clarification has been sought by the NP Ecologist in the form of a revised Tree Constraint Plan illustrating the root protection areas (RPAs) for those trees that will be retained within the application site. According to the Design and Access Statement submission, “The site is surrounded by an established hedge and planting that will remain unaffected by the proposal.” The revised Tree Constraint Plan would therefore represent confirmation of this statement.

This information has been requested from the applicant but has not been submitted to date.

Conclusion

It is considered, therefore, that the proposed development is acceptable in planning terms and should be approved subject to the following conditions:

RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 Plans The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v1, NP2v2, NP3v1, NP4v2, NP5v2, NP6v2, NP7v1, NP8v1 and NP9v1), unless otherwise agreed in writing by the Local Planning Authority. 3 The dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 57credits under category ‘Ene1 - Dwelling Emission Rate’ in accordance with the requirements of the Code for Sustainable Homes: Technical Guide 2010. The development shall be carried out entirely in accordance with the approved assessment and certification. 4 Construction of the dwelling hereby permitted shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 57 credits under ‘Ene1 - Dwelling Emission Rate’, has been achieved for the approved dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide 2010. 5 Prior to the occupation of the dwelling hereby permitted, a Code for Sustainable Homes ‘Final Certificate’’ shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 57 credits under ‘Ene1 - Dwelling Emission Rate’, has been achieved for the approved dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide 2010. 6 No development shall take place until a biodiversity enhancement scheme, to

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provide new bat roosting opportunities in the eaves structures and gable walls, has been submitted to and approved in writing by the National Park Authority. Thereafter, the development shall be completed in accordance with the approved details and retained as such in perpetuity. 7 No development shall take place until an external lighting scheme which avoids conflict with new bat roosting opportunities has been submitted to and approved in writing by the National Park Authority. Thereafter, the development shall be completed in accordance with the approved details and retained as such in perpetuity. 8 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 and 2 Class(es) A to H and A to C respectively of Schedule 2, other than that hereby permitted shall be carried out without the written permission of the Local Planning Authority. 9 The garage hereby permitted shall be used solely for the garaging of private vehicles and for purposes incidental to the enjoyment of the dwelling house as such and not for the carrying out of any trade or business. 10 No demolition works shall commence until an appropriate programme of historic building recording and analysis has been secured and implemented in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority. 11 The windows and doors on the dwelling hereby approved shall be of a timber construction. Any replacements shall also be made of timber and the details of which shall be submitted to and approved in writing by the Local Planning Authority prior to installation.

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 satisfy the requirements of Technical Advice Note 22: Planning for Sustainable Buildings (June 2010) 4 To satisfy the requirements of Technical Advice Note 22: Planning for Sustainable Buildings (June 2010) 5 To satisfy the requirements of Technical Advice Note 22: Planning for Sustainable Buildings (June 2010) 6 In the interest of the integrity of protected species. 7 In the interest of the integrity of protected species. 8 In order to safeguard the character and visual amenities of the locality. 9 To ensure that the garage is used only for the purposes ancillary to the dwelling. 10 The building is of local historic importance and the specified records are necessary to mitigate the impact of the proposed demolition. 11 In the interest of sustainability and the visual amenities of the area.

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