1 Planning, Taxi Licensing and Rights of Way Committee Report

Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2016/0560 Grid Ref: 299000.73 272630.16

Community St. Harmon Valid Date: Officer: Council: 31/05/2016 Tamsin Law

Applicant: Mr John Williams J T, A E & M O E Williams, Yew Tree Farm, Discoed, Presteigne, Powys, LD8 2NR

Location: Development Adjacent B4518, St. Harmon, Rhayader, Powys, LD6 5LU

Proposal: Outline with some matters reserved: Erection of four dwellings (to include one affordable), construction of a new access and installation of package treatment plants

Application Application for Outline Planning Permission Type:

The reason for Committee determination

The proposed development constitutes a departure from the adopted Powys Unitary Development Plan.

Site Location and Description

Outline planning permission is sought for the erection of four dwellings and the creation of a new vehicular access at land adjacent to the B4518 highway at St Harmon, Rhayader.

All matters are reserved for future consideration with the exception of ‘Access’.

The application site currently takes the form of part of an agricultural field. Located to the north and east of the application site is agricultural land, to the west is the B4518 highway and located to the south is the C1229 highway, which is then bounded by residential properties and a commercial property. Hedgerows are located along the southern and western boundaries of the application site.

The application site lies partly within housing allocation ‘’R87 HA3’ as defined by the Powys Unitary Development Plan (2010) and partly outside the development boundary of St Harmon.

Consultee Response

St Harmon Community Council

Please be advised that St Harmon Community Council has no objection to the above Planning Application

Building Control

Building Regulations will be required

Highways Authority

The highway Authority has no objection in principle to the development proposals. The site lies within the 30mph speed limit and it is noted that the requisite access and forward visibility splays can be achieved. It should be pointed out at this stage however, that the indicative site layout has been configured in such a way as to provide opportunity for future development of land to the east. Although this particular application covers the provision of just four units, which would normally be considered as “private” development, the potential to expand upon this number will require that the roads be designed to an adoptable standard and will require the serving of Advance Payment Code Notices on commencement of plot construction.

If the planning Authority are minded to grant approval for this application the Highway Authority would recommend that the following conditions be applied to any consent granted.

HC2 The gradient of the access shall be constructed so as not to exceed 1 in 30 for the first 10 metres measured from edge of the adjoining carriageway along the centre line of the access and shall be retained at this gradient for as long as the development remains in existence.

HC3 The centre line of the first 10 metres of the access road measured from the edge of the adjoining carriageway shall be constructed at right angles to that edge of the said carriageway and be retained at that angle for as long as the development remains in existence.

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 carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 90 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 for as long as the development hereby permitted remains in existence.

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 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.

HC9 Prior to the occupation of any dwelling, provision shall be made within the curtilage of the site for plot parking in accordance with CSS Wales Parking Standards 2008. The parking areas shall be retained for their designated use in perpetuity.

HC10 The gradient from the back of the footway/verge to the vehicle parking areas shall be constructed so as not to exceed 1 in 15 and shall be retained at this gradient for as long as the dwellings remain in existence.

HC11 Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the parking of all construction vehicles together with a vehicle turning area. This parking and turning area shall be constructed to a depth of .45 metres in crusher run or sub-base and maintained free from obstruction at all times such that all vehicles serving the site shall park within the site and both enter and leave the site in a forward gear for the duration of the construction of the development.

HC12 The width of the access carriageway, constructed as Condition HC7 above, shall be not less than 5.5 metres for a minimum distance of 10 metres along the access measured from the adjoining edge of carriageway of the county highway and shall be maintained at this width for as long as the development remains in existence.

HC13 Prior to the occupation of any dwelling a radius of 6 metres shall be provided from the carriageway of the adjacent county highway on each side of the access to the development site and shall be maintained for as long as the development remains in existence.

HC17 Prior to the occupation of any dwelling the existing footway to the west of the site, adjacent to the existing B4518 county highway, shall be widened to provide a 1.8 metre wide footpath along the full frontage of the site. The widened footway shall be retained for as long as the development hereby permitted remains in existence.

HC21 Prior to the occupation of any dwelling, 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 metres from the edge of the adjoining carriageway. This area will be maintained to this standard for as long as the development remains in existence.

HC22 Within 5 days from the commencement of the development the existing field gate entrance to the south of the proposed access shall be stopped up in materials to be agreed in writing by the Local Planning Authority and this shall be retained for as long as the development is in existence.

HC30 Upon formation of the visibility splays as detailed in HC4 above the centreline of any new or relocated hedge should be positioned not less than 1.0 metre to the rear of the visibility splay and retained in this position as long as the development remains in existence.

HC32 No storm water drainage from the site shall be allowed to discharge onto the county highway.

HC33 No development shall commence, until detailed engineering drawings covering the footway improvements and access arrangements are submitted to and approved in writing by the Local Planning Authority.

Wales & West Utilities

YOU WILL NOTE THE PRESENCE OF OUR INTERMEDIATE / HIGH PRESSURE GAS MAIN(S) IN PROXIMITY TO YOUR SITE. NO EXCAVATIONS ARE TO TAKE PLACE ABOVE OR WITHIN 10m OF THE CONFIRMED POSITION OF THESE MAINS WITHOUT PRIOR CONSULTATION WITH WALES & WEST UTILITIES

We enclose an extract from our mains records of the area covered by your proposals. This plan shows only those pipes owned by Wales & West Utilities in its role as a Licensed Gas Transporter (GT). Gas pipes owned by other GT's and also privately owned may be present in this area. Information with regard to such pipes should be obtained from the owners. The information shown on this plan is given without obligation, or warranty, the accuracy thereof cannot be guaranteed, No liability of any kind whatsoever is accepted by Wales & West Utilities, its agents or servants for any error or omission.

The Wales & West Utilities High Pressure Network may be affected by your proposals and a copy of the information you have provided has been forwarded to Asset for their comment. They will then contact you as necessary. Please note, 7 days notice is required if you require a site visit from an Engineer.

Welsh Water

We refer to your planning consultation relating to the above site, and we can provide the following comments in respect to the proposed development.

Sewerage:

As the applicant intends utilising a private treatment works we would advise that the applicant contacts Natural Resources Wales who may have an input in the regulation of this method of drainage disposal.

However, should circumstances change and a connection to the public sewerage system/public sewerage treatment works is preferred we must be re-consulted on this application.

Our response is based on the information provided by your application. Should the proposal alter during the course of the application process we kindly request that we are re-consulted and reserve the right to make new representation.

If you have any queries please contact the undersigned on 0800 917 2652 or via email at [email protected]

Cllr David Evans

No response received by Development Management at the time of writing this report.

PCC Contaminated Land

The application site is located within 50 metres of a petrol filling station/ garage (as shown on historic ordnance survey maps).

Petrol filling stations/garages are potential sources of land contamination; the Department of the Environment ‘Industry Profile: Road Vehicle Fuelling, Servicing and Repair – Garages and Filling Stations’ (1996) document provides guidance on the potential contaminant sources and contaminants of concern.

Paragraph 13.5.1, of Chapter 13 ‘Minimising and Managing Environmental Risks and Pollution’, of the Welsh Government document ‘Planning Policy Wales’ (2014) advises: “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”.

In consideration of the above it is recommended that the following Condition is attached to any permission granted for Planning Application P/2016/0560:

Potential Contamination:

If evidence of contamination is found (petrol tanks may present potential risk from hydrocarbon-based contamination in water, soil or vapours) 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 be occupied/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.

PCC Environmental Health

First response received 29th June 2016:

I seek clarification with regards to the disposal of foul and surface water.

The D & A statement refers to a main sewer and soakaway yet the proposed block plan shows a treatment tank. Can the applicant confirm the proposed scheme please, if a soakaway and tank is to be used we will require details of the porosity test and results and also the size of the proposed tank.

Second response received 1st August 2016

It looks to be ok but really they should supply the calculation sheet showing how they got to the percolation test result and confirm the number of persons to use the tank.

I’m sure this will be fine and we could condition the drainage

PCC - Affordable Housing

No response received by Development Management at the time of writing this report

Land Drainage

No response received by Development Management at the time of writing this report

Planning Policy

No response received by Development Management at the time of writing this report

Natural Resources Wales

Thank you for referring the above consultation received by us on 5th June 2016.

We have significant concerns with the proposed development as submitted.

We recommend that planning permission should only be given if the following requirements can be met. If these requirements are not met then we would object to this application.

Summary of Requirements:

Requirement 1 - Percolation Test and Confirmation of Foul Drainage Details

Requirement 2 - Flood Risk - Finished floor levels must be set at least 300mm above existing ground level.

Requirement 3 - Pollution Prevention Plan

Foul Drainage:

We note that the Design and Access Statement states “The disposal of foul and surface water drainage will be to approved specification via mains sewer and soakaway arrangements respectively”. We understand that Dwr Cymru/Welsh Water has no mains sewer provision in the area. The outline planning permission refer to package treatment plants but there is insufficient detail regarding their specification, design and management. A percolation test should be carried out as per Building Regulations to ensure that the ground is suitable for a soakaway, if it is not they will have to submit another method for sewage disposal at the properties

Requirement 1 – Percolation Test and Confirmation of Foul Drainage Details

Reason: To ensure that it is possible for the foul drainage to comply with permit or exemption as detailed below. This information is required prior to determination.

Government policy states that, where practicable, foul drainage should be discharged to the mains sewer. Where this is not possible and private sewage treatment / disposal facilities are utilised, they must be installed and maintained in accordance with British Standard 6297 and Approved Document H of the Building Regulations 2000. You should also have regard to Welsh Office Circular 10/99 in respect of planning requirements for non mains sewerage.

The applicant will need to apply for a Permit or Exemption, if they wish to discharge anything apart from uncontaminated surface water to a watercourse/ditch. They may also need to apply for a Permit from our National Permitting Team to allow certain discharges into ground. They must obtain any necessary Permit prior to works starting on site. The Welsh

Government has also advised that all septic tanks and small sewage treatment plant discharges in Wales will need to be registered. More information, including a step by step bilingual guide to registering, is available on our website at the following link https://naturalresources.wales/media/2879/septic-tank-registration-guidance.pdf?lang=en

Flood Risk:

In accordance with TAN15, the development category is regarded as highly vulnerable. The TAN states that such developments should not be permitted within zone C2. The northern part of the site abuts DAM C2 of the Development Advice Maps referred to under TAN15 Development and Flood Risk (2004). Our flood map information, which is updated on a quarterly basis indicates the site to be at risk of flooding during a 1% flood event.

In this case, as the dwellings are located just outside C2 the development would be acceptable subject to the following requirement.

Requirement 2 - Flood Risk - Finished floor levels must be set at least 300mm above existing ground level.

In the absence of a FCA, we have assessed the accuracy of the generalized flood map in this area and it is considered fit for purpose, namely informing the national flood map. The flood extent would therefore indicate that plot 1 in particular would benefit from finished floor levels being set at least 300mm above existing ground level. In the absence of a FCA, we advise that all plots adopt this finished floor level recommendation.

The Planning Authority is advised to liaise with their drainage team with regards to surface water drainage plans and historic operational and/or flooding problems with the adjacent highway culvert.

Pollution Prevention:

As the development site is near a watercourse a pollution prevention plan should be created and implemented.

Requirement 3 – Pollution Prevention Plan

No material should be deposited within 10m of any watercourse without discussion with Natural Resources Wales.

All works at the site must be carried out in accordance with PPG5 and PPG6: ‘Works in, near or over watercourses’ and ‘Working at construction and demolition sites’ which are available on the following website http://www.netregs.org.uk/pdf/PPG%205%20-%20Oct%202007%20- %20replaces%20PPG%2023.pdf

Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded be impervious bund walls. The volume of bunded compound should be 110% of the capacity of the tank, all filling points, gauges, vents and sight glasses must be located within the bund. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to

7 discharge downwards into the bund. Refuelling should be supervised at all times – and preferably done on an impermeable surface.

The activity of importing waste onto the site for use as, for example hardcore, must be registered by the Natural Resources Wales as an exempt activity under the Environmental Permitting Regulations 2010. The developer should contact Natural Resources Wales to discuss the necessity for an exemption permit for any material imported to and exported from site.

The site is near a watercourse. Should any contaminated water or materials enter or pollute the watercourse or groundwater, Natural Resources Wales must be notified on 0800 80 70 60.

Scope of NRW Comments:

Our comments above only relate specifically to matters that are included on our checklist “Natural Resources Wales and Planning Consultations” (March 2015) which is published on our website: (https://naturalresources.wales/planning-and-development/planning-and-development/?lang=en).

We have not considered potential effects on other matters and do not rule out the potential for the proposed development to affect other interests, including environmental interests of local importance. The applicant should be advised that, in addition to planning permission, it is their responsibility to ensure that they secure all other permits/consents relevant to their development.

Public Response

The application was advertised through the erection of a site notice and press advertisement. No representations or objections have been received.

Planning History

P/2011/0485 - Erection of 4 dwellings and improvements to existing access. Approved P/2015/0496 – Section 73 application for variation of condition 2 of outline planning permission P/2011/0485 to extend time limit for submission of reserved matters. Approved

Principal Planning Constraints

Flood Zone

Principal Planning Policies

National Policies Planning Policy Wales (Edition 8, January 2016) TAN 1 - Joint Housing Land Availability Studies (2015) TAN 2 - Planning and Affordable Housing (2006) TAN 5 - Nature Conservation and Planning (2009) TAN 6 - Planning for Sustainable Rural Communities (2010) TAN 12 - Design (2014)

TAN 15 - Development and Flood Risk (2004) TAN 18 - Transport (2007) TAN23 – Economic Development (2014)

Local Policies Powys Unitary Development Plan (2010) UDP DC1 - Access by Disabled Persons UDP DC13 - Surface Water Drainage UDP DC14 - Flood Prevention Measures UDP DC15 - Development on Unstable or Contaminated Land UDP ENV 1 - Agricultural Land UDP ENV 3 - Safeguarding Biodiversity & Natural Habitats UDP GP1 - Development Control UDP GP2 - Planning Conditions and Obligations UDP GP3 - Design and Energy Conservation UDP GP4 - Highway and Parking Requirements UDP HP10 - Affordability Criteria UDP HP4 - Settlement Development Boundaries and Capacities UDP HP5 - Residential Developments UDP HP6 - Dwellings in the Open Countryside UDP HP7 - Affordable Housing within Settlements UDP HP8 - Affordable Housing Adjoining Settlements with Development Boundaries UDP HP9 - Affordable Housing in Rural Settlements

RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement

Officer Appraisal

Introduction

Members are advised to consider this application in accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, which requires that, if regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise

Principle of Development

For the purposes of the Powys Unitary Development Plan, the site subject to this application lies partly within the settlement of St Harmon and partly within the open countryside and proposes 4 detached dwellings, one being affordable. Part of the site, namely two dwellings, lie within the settlement development boundary and allocated site R85 HA3.

This allocated site currently benefits from planning permission for four dwellings. However due to a number of conditions attached to this consent which requires off-site highways improvements the application states that the development as permitted is unviable. Additional information provided with this application highlights the additional cost of developing the consented site. The development now under consideration is deemed by the applicant to be viable.

On this basis of the above and due to part of the site lying outside the development boundary, the proposal constitutes a departure from the adopted Powys Unitary Development Plan.

Members are advised that a decision to approve a departure can only be made where other material considerations outweigh the provisions of the development plan. Such material considerations include Planning Policy Wales (2016) and UDP policy HP3, which require the Local Planning Authority to ensure that sufficient land is genuinely available or will become available to provide a 5-year supply of land for housing.

The Powys JHLAS (2015) provides information on land availability and indicates a land supply of 1.9 years (as of 01/04/2015). Whilst it is anticipated that the new local development plan will allocate land for residential development to address the shortfall in supply, the current figure is below the supply required by Planning Policy Wales and the adopted Unitary Development Plan. Officers acknowledge that a number of departures have recently been justified and permitted on the grounds of housing land supply. Whilst it is accepted that these permissions will contribute to the supply of housing, based upon current evidence, the housing land supply within Powys remains below the 5 year supply required by national and local planning policy. As such, Members are advised that considerable weight needs to be given to this undersupply in considering proposals for new residential development as exceptions to normal housing policies.

In considering the proposed development, Members are asked to consider whether this location is regarded as a sustainable location for new residential development. Although located partly within the open countryside, the site is located within and adjoining a settlement that benefits from a public house and church and lies approximately 3 miles to the north of Rhayader. Given the noted proximity, future occupiers would have relatively good access to existing facilities/amenities within the settlement but also connections to the wider area through public transport services. On this basis, Officers consider the site to be a sustainable location for new residential development.

Appearance, Layout and Style

UDP policy HP5 (Residential Development) indicates that development proposals will only be permitted where the scale, form and appearance of the development generally reflects the character and appearance of the existing settlement.

The indicative site layout details a linear formation, consistent with the established building line whilst the scale of the proposed dwellings are considered to be in keeping with those adjoining the site. Although Officers acknowledge that matters relating to appearance, layout and scale have been reserved for future consideration, on the basis of the plans provided, it is considered that the application site is capable of accommodating four dwellings without unacceptably adversely affecting the character and appearance of the area or amenities enjoyed by occupants of neighbouring properties compliant with UDP policies SP5, GP1, GP3, ENV2 and HP5.

Highway Safety and Movement

UDP policy GP4 confirms that in the interests of highway safety, all development proposals that generate or involve traffic must be provided with an adequate means of access including visibility, parking and turning facilities.

The proposed development will be accessed from a new access off the B4518 which runs through St Harmon to Rhayader to the south.

Following consultation with the Highways Authority no objections have been raised and conditions have been recommended which will be attached to any planning permission.

In light of the comments received and given the scale of the proposed development, Officers are satisfied that the proposed development will not have an unacceptable adverse impact on highway safety and movement. The proposed development is therefore considered to be in accordance with planning policy, particularly UDP policy GP4.

Flood Risk

The application site abuts the C2 flood zone however no part of the proposed development lies within it. Natural Resources Wales have requested that finished floor levels of the plot nearest to the flood zone should have finished floor levels of 300mm above existing ground level and this will be attached to any consent as an informative.

As the development is locates in close proximity to a watercourse a pollution prevention plan was requested by Natural Resources Wales. The plan details the requirements set out in their initial consultation and the development will be conditioned to be in line with this plan. The plan was sent to Natural Resources Wales for their comment which will be provided within the update report.

As such the development is considered to be in accordance with TAN 15 and UDP policy DC14.

Foul Drainage

Concerns were raised initially from Natural Resources Wales and Environmental Health in relation to foul drainage. Insufficient information had been received regarding the specification of the package treatment plant or to ensure that the ground is suitable for soakaway.

Additional information was submitted and following consultation with Environmental Health no objections were raised subject to minor calculations being submitted which will be conditioned on any planning permission.

Natural Resources Wales have yet to respond to the additional information, their response will be provided as part of the update report.

Residential Amenity

Policy GP1 of the Powys UDP seeks to safeguard the amenities enjoyed by occupants of existing and proposed dwellings by reasons of noise, overlooking and privacy.

Whilst details relating to design and appearance are reserved for future consideration, Officers consider that the amenities of neighbouring properties can be safeguarded through sensitive design and siting which will be reviewed appropriately by Development Management in considering any future application for the approval of reserved matters.

In light of the above observations, Development Management considers the proposed development to be in accordance with policy GP1 of the Powys UDP in respect of residential amenity.

Recommendation

Having carefully considered the proposed development, Officers consider that the proposal broadly complies with planning policy. Whilst a departure from the development plan, in this instance, the provision of housing within and adjoining the settlement is considered to outweigh the plan and therefore justifies the grant of consent as an exception to normal housing policies. The recommendation is therefore one of conditional approval subject to a legal agreement securing one affordable dwelling.

It is recommended that a time limit of two months is given for the legal agreement to be completed and in the event that it is not concluded within such time period, delegation is given to the Professional Lead for Development Management, in consultation with the Chair and Vice Chair, to refuse the application, unless satisfied that the delay is unavoidable and that there is sufficient evidence to conclude that the matter will be concluded within a further reasonable time period.

Conditions:

1. Details of the access, appearance, landscaping, layout, and scale, (hereinafter called ""the reserved matters"") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved. 2. Any application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission. 3. The development shall begin either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. 4. he development shall be carried out strictly in accordance with the documents (Planning, Design and Access Statement and Pollution Prevention Plan) and plans (plan no's: 4477/2B and 4477/1C) received 31st May 2016 stamped as approved 5. The gradient of the access shall be constructed so as not to exceed 1 in 30 for the first 10 metres measured from edge of the adjoining carriageway along the centre line of the access and shall be retained at this gradient for as long as the development remains in existence.

6. The centre line of the first 10 metres of the access road measured from the edge of the adjoining carriageway shall be constructed at right angles to that edge of the said carriageway and be retained at that angle for as long as the development remains in existence. 7. 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 carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 90 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 for as long as the development hereby permitted remains in existence. 8. 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 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. 9. Prior to the occupation of any dwelling, provision shall be made within the curtilage of the site for plot parking in accordance with CSS Wales Parking Standards 2008. The parking areas shall be retained for their designated use in perpetuity. 10. The gradient from the back of the footway/verge to the vehicle parking areas shall be constructed so as not to exceed 1 in 15 and shall be retained at this gradient for as long as the dwellings remain in existence. 11. Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the parking of all construction vehicles together with a vehicle turning area. This parking and turning area shall be constructed to a depth of .45 metres in crusher run or sub-base and maintained free from obstruction at all times such that all vehicles serving the site shall park within the site and both enter and leave the site in a forward gear for the duration of the construction of the development. 12. The width of the access carriageway, constructed as Condition HC7 above, shall be not less than 5.5 metres for a minimum distance of 10 metres along the access measured from the adjoining edge of carriageway of the county highway and shall be maintained at this width for as long as the development remains in existence. 13. Prior to the occupation of any dwelling a radius of 6 metres shall be provided from the carriageway of the adjacent county highway on each side of the access to the development site and shall be maintained for as long as the development remains in existence. 14. Prior to the occupation of any dwelling the existing footway to the west of the site, adjacent to the existing B4518 county highway, shall be widened to provide a 1.8 metre wide footpath along the full frontage of the site. The widened footway shall be retained for as long as the development hereby permitted remains in existence. 15. Prior to the occupation of any dwelling, 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 metres from the edge of the adjoining carriageway. This area will be maintained to this standard for as long as the development remains in existence. 16. Within 5 days from the commencement of the development the existing field gate entrance to the south of the proposed access shall be stopped up in materials to be agreed in

13 writing by the Local Planning Authority and this shall be retained for as long as the development is in existence. 17. Upon formation of the visibility splays as detailed in condition 7 above the centreline of any new or relocated hedge should be positioned not less than 1.0 metre to the rear of the visibility splay and retained in this position as long as the development remains in existence. 18. No storm water drainage from the site shall be allowed to discharge onto the county highway. 19. No development shall commence, until detailed engineering drawings covering the footway improvements and access arrangements are submitted to and approved in writing by the Local Planning Authority. 20. No development shall commence until a hedgerow retention, relocation, planting and replacement strategy has been submitted to and approved in writing by the Local Planning Authority. The strategy shall include an implementation strategy and maintenance strategy as well as a scaled plan showing all hedgerows to be relocated, planted or removed. The development shall fully comply with the approved scheme. 21. Notwithstanding the approved plans, a foul and surface water drainage scheme shall be submitted to and approved in writing at the same time as the matters referred to within condition 1. The scheme shall include details of the proposed septic tanks together with porosity test details. The development shall thereafter be undertaken strictly in accordance with the foul and surface drainage scheme so approved. 22. If evidence of contamination is found (petrol tanks may present potential risk from hydrocarbon-based contamination in water, soil or vapours) 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 be occupied/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.

Reasons 1. To enable the Local Planning Authority to exercise proper control over the development in accordance with Section 92 of the Town and Country Planning Act 1990. 2. Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 3. Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 4. To ensure adherence to the plans stamped as approved in the interests of clarity and a satisfactory development. 5. In the interests of highway safety and to ensure that adequate provision is made for highway access onto the B4518 road to serve the approved development in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan 6. In the interests of highway safety and to ensure that adequate provision is made for highway access onto the B4518 road to serve the approved development in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan 7. In the interests of highway safety and to ensure that adequate provision is made for highway access onto the B4518 road to serve the approved development in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan 8. In the interests of highway safety and to ensure that adequate provision is made for highway access onto the B4518 road to serve the approved development in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan

9. In the interests of highway safety and to ensure that adequate provision is made for highway access onto the B4518 road to serve the approved development in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan 10. In the interests of highway safety and to ensure that adequate provision is made for highway access onto the B4518 road to serve the approved development in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan 11. In the interests of highway safety and to ensure that adequate provision is made for highway access onto the B4518 road to serve the approved development in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan 12. In the interests of highway safety and to ensure that adequate provision is made for highway access onto the B4518 road to serve the approved development in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan 13. In the interests of highway safety and to ensure that adequate provision is made for highway access onto the B4518 road to serve the approved development in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan 14. In the interests of highway safety and to ensure that adequate provision is made for highway access onto the B4518 road to serve the approved development in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan 15. In the interests of highway safety and to ensure that adequate provision is made for highway access onto the B4518 road to serve the approved development in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan 16. In the interests of highway safety and to ensure that adequate provision is made for highway access onto the B4518 road to serve the approved development in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan 17. In the interests of highway safety and to ensure that adequate provision is made for highway access onto the B4518 road to serve the approved development in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan 18. In the interests of highway safety and to ensure that adequate provision is made for highway access onto the B4518 road to serve the approved development in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan 19. In the interests of highway safety and to ensure that adequate provision is made for highway access onto the B4518 road to serve the approved development in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan 20. In the interests of the biodiversity and visual amenity of the area, in accordance with policies GP1, ENV2 and ENV3 of the Powys Unitary Development Plan (2010) and Planning Policy Wales (2011). 21. In order to ensure the proposed means of foul sewage disposal is acceptable in the interests of the environment and public health. This condition is imposed in accordance with policies GP1, DC11 and DC13 of the Powys Unitary Development Plan (2010) and Planning Policy Wales (2016). 22. 20. To ensure that potential contamination of the site is satisfactorily dealt with in accordance with policies GP1 and DC15 of the Powys Unitary Development Plan (2010).

Informative Notes 1. Wales and West Utilities 2. You will note the presence of our intermediate/high pressure gas main(s) in proximity to your site. No excavations are to take place above 10m of the confirmed position of these mains without prior consultation with Wales and West Utilities.

3. Natural Resources Wales

The applicant will need to apply for a Permit or Exemption, if they wish to discharge art from uncontaminated surface water to a watercourse/ditch. They may also need to apply for a Permit from our National Permitting Team to allow certain discharges into ground. They must obtain any necessary Permit prior to works starting on site. The Welsh Government has also advised that all septic tanks and small sewage treatment plant discharges in Wales will need to be registered. More information, including a step by step bilingual guide to registering, is available on our website at the following link https://naturalresources.wales/media/2879/septic-tank- registration-guidance.pdf?lang=en

4. Natural Resources Wales Finished floor levels must be set at least 300mm above existing ground level.

______Case Officer: Tamsin Law- Principal Planning Officer Tel: 01597 82 7230 E-mail:[email protected]