Public Document Pack

A G E N D A

8 November 2016

Dear Member,

A meeting of the PLANNING, ACCESS AND RIGHTS OF WAY will be held in at CONFERENCE ROOM, PLAS Y FFYNNON, CAMBRIAN WAY, BRECON LD3 7HP on Tuesday, 15th November, 2016 at 10.00 am when your attendance is requested.

Yours sincerely

John Cook Chief Executive

Fire Evacuation Advice In the event of a fire, please exit the building via the main staircase, and assemble in the car park at Assembly Point 3

AGENDA

ENC1 Apologies for Absence

ENC2 Chairman's Announcements

ENC3 Declarations of Interest

To receive any declarations of interest from members relating to items on the agenda. Members’ attention is drawn to the sheet attached to the attendance register and the need to record their declarations verbally and in writing, specifying the nature of the interest.

If Members have declared an interest in an item please ensure that you inform the Chair when you are leaving the room, so that this can be recorded in the minutes ENC4 Minutes of last meeting (Pages 1 - 6)

To authorise the Chairman to sign the Minutes of the Brecon Beacons National Park Authority Planning, Access and Rights of Way Committee held on . ENC5 Minutes of the Local Access Forum (Pages 7 - 10)

Planning, Access and Rights of Way - 15 November 2016 1

Confirmed Minutes of the 8th Meeting of the Brecon Beacons National Park Access Forum held at 2pm on July 14th 2016 at the Brecon Beacons National Park Visitor Centre, Libanus, Brecon. Item 1 ROWIP Projects update for Local Access Forum - 14th July 2016 (Pages 11 - 12)

ENC6 Development Control Reports for Decision

To receive a report on Non-delegated Applications

INDEX

ITEM REFERENCE ADDRESS RECOMMENDATION

1 15/12957/FUL Garwnant Minded to Permit Coed Taff Forest Merthyr Tydfil Powys

2 16/13392/FUL Gilestone Farm Permit Talybont-On-Usk Brecon LD3 7JE

3 16/13393/LBC Gilestone Farm Permit Talybont-On-Usk Brecon LD3 7JE

4 16/13649/FUL Great Llwygy Farm Permit Tre-Fedw Road Crucorney NP7 7PE

5 16/13827/FUL Land off Hay Road, Permit Talgarth

6 16/13830/FUL Hay On Wye Permit Primary School And Adjacent Public Car Park Hay-on-Wye

Planning, Access and Rights of Way - 15 November 2016 2

7 16/13829/FUL Land At And Permit Adjacent To Llangors Church In Wales Primary School Llangors

Item 1 15/12957/FUL Garwnant Coed Taff Forest Merthyr Tydfil (Pages 13 - 52)

Item 2 16/13392/FUL Gilestone Farm Talybont-On-Usk Brecon (Pages 53 - 78)

Item 3 16/13393/LBC Gilestone Farm Talybont-On-Usk Brecon (Pages 79 - 92)

Item 4 16/13649/FUL Great Llwygy Farm Tre-Fedw Road Crucorney (Pages 93 - 110)

Item 5 16/13827/FUL Powys County Council Land off Hay Road, Talgarth (Pages 111 - 152)

Item 6 16/13830/FUL Powys County Council Hay On Wye Primary School And Adjacent Public Car Park Hay-on-Wye (Pages 153 - 206)

Item 7 16/13829/FUL Powys County Council Land At And Adjacent To Llangors Church In Wales Primary School Llangors Brecon (Pages 207 - 272)

ENC7 Development Control Related Matters for Noting

Item 1 Land adjoining Erw Lon, Cwmgarw Road, Rhosaman (Pages 273 - 278)

Item 2 Delegated Decision Report (Pages 279 - 294)

Item 3 Agricultural Notifications (Pages 295 - 296)

Item 4 Fringe Applications (Pages 297 - 300)

Item 5 Planning Obligations (Pages 301 - 304)

Item 6 Commuted sums committed since the adoption of the LDP 20-09-16 (Pages 305 - 306)

Item 7 Appeals (Pages 307 - 312)

Planning, Access and Rights of Way - 15 November 2016 3

Item 8 Enforcement Figures (Pages 313 - 314)

Item 9 Development Management Statistics (Pages 315 - 316)

ENC8 Enforcement Reports

Access to Information

Resolved that pursuant to the provisions of Section 100A of the Local Government Act 1972, the public be excluded from the Meeting for the following item of business on the grounds that there would be disclosure to them of exempt information as defined in Paragraphs 12, 13, 17 and 18 of Part 4 of Schedule 12A of the above Act and the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Item 1 Exemption Certificate - Enforcement Delegated Decision Reports (Pages 317 - 318)

Item 2 Enforcement Delegated Decision Reports - CONFIDENTIAL (Pages 319 - 336)

Planning, Access and Rights of Way - 15 November 2016 4

ENC4

MINUTES OF BRECON BEACONS NATIONAL PARK AUTHORITY PLANNING, ACCESS AND RIGHTS OF WAY HELD AT CONFERENCE ROOM, PLAS Y FFYNNON, CAMBRIAN WAY, BRECON LD3 7HP ON TUESDAY, 4TH OCTOBER, 2016

PRESENT:

Powys

Cllr E Morgan (Chairman), Cllr D Meredith, Cllr G Hopkins, Cllr Williams, Cllr M Jones and Cllr Phil Pritchard

Monmouthshire

Cllr M Hickman

Carmarthenshire

Cllr G Davies

Merthyr Tydfil

Cllr R Thomas

Blaenau Gwent

Cllr Willis

Rhondda Cynon Taff

Cllr J Ward

Members appointed by the Welsh Government

Prof Alan Lovell, Mr Ian Rowat, Mrs Margaret Underwood, Mr James Marsden, Mrs Melanie Doel and Mr Julian Stedman

1 Apologies for Absence

Apologies were received from Cllr Mrs A Webb, Cllr P Ashton, Cllr J Holmes, Cllr A James and Cllr A Furzer, Mr E Evans (Deputy Chair) and Ms D Perkin.

2 Chairman's Announcements

The Chair announced that this was the last Planning, Access, Rights of Way Committee for Monitoring Officer, Mr John Parsons. He gave tribute to the sound and helpful advice provided by Mr Parsons in this Committee and the others upon which he sat. The Chair of the Authority, Ms Melanie Doel, also thanked Mr Parsons for the same and Cllr Mrs

Brecon Beacons National Park Planning, Access and Rights of Way 1 4 October 2016 Page 1 Jane Ward added her sentiments. The Monitoring Officer thanked all for their kind words.

3 Declarations of Interest

Name Enc No Nature of Interest

Mr J Stedman 6 1 Personal and prejudicial Mr J Stedman 6 2 Personal and prejudicial

4 Minutes of last meeting

The Chairman was authorised to sign the Minutes of the Brecon Beacons National Park Authority Planning, Access and Rights of Way Committee held on 23rd August 2016 as a correct record.

5 Members' Declaration of Late Correspondence

This item is no longer valid and therefore no declarations were made.

6 Development Control Reports for Decision

Item No

1. 16/13690/FUL – Alterations and rear extensions to former A3 public house with domestic residential accommodation over to create 3 no. A1/A2 commercial units with 3 no. C3 residential units above. Listed Building Consent 16/13691/LBC also submitted – 54 High Street, Crickhowell, NP8 1BH

Mr J Stedman declared and personal and prejudicial interest in this item and the following item (16/13691/LBC) and withdrew from the meeting.

Members were provided with a brief presentation by the Case Officer, Mr Ben Phillips

Late Info: None

Public Mr Dean Christy spoke in support of the application. Speaker: A copy of the text was provided for the public record.

Proposal: The Officer recommendation to permit subject to the conditions set out in the report was put to Members.

Proposed: Mrs M Underwood Seconded: Prof A Lovell

Decision: The Officer recommendation to permit subject to the conditions set out in the report was agreed.

Brecon Beacons National Park Planning, Access and Rights of Way 2 4 October 2016 Page 2

Item No

2. 16/13691/LBC – Alterations and rear extensions to former A3 public house with domestic residential accommodation over to create 3 no. A1/A2 commercial units with 3 no. C3 residential units above. Planning Application 16/13690/FUL also submitted – 54 High Street, Crickhowell, NP8 1BH

Mr J Stedman declare a personal and prejudicial interest in this and the previous item (16/13690/FUL) and remained absent from the meeting.

Members were provided with a brief presentation by the Case Officer, Mr Ben Phillips

Late Info: None

Proposal: The Officer recommendation to permit subject to the conditions set out in the report was put to Members.

Proposed: Mrs M Underwood Seconded: Cllr M Hickman

Decision: The Officer recommendation to permit subject to the conditions set out in the report was agreed.

Mr J Stedman returned to the meeting.

Item No

3. 16/13788/FUL – Temporary soil storage in association with Section 2 of the Heads of the Valleys Road Dualling Scheme – Ty Gwyn Farm, Ty Gwyn Road, Gilwern, Abergavenny, NP7 0HL.

Members were provided with a brief presentation by the Case Officer, Mrs Donna Bowhay

Late Info: None

Public Mr Adrian Edwards, Clerk to Llanelly Community Council, spoke Speaker: against the application.

A copy of the text was provided for the public record.

Proposal: The Officer recommendation to permit subject to the conditions set out in the report was put to Members.

Proposed: Cllr M Jones Seconded: Mr J Stedman

Decision: The Officer recommendation to permit subject to the conditions set

Brecon Beacons National Park Planning, Access and Rights of Way 3 4 October 2016 Page 3 out in the report was agreed.

Members requested an update on the A465 Heads of the Valley Dualling from Mr Julian Atkins, Director of Countryside, at the next Committee meeting scheduled for 15th November 2016.

7 Development Control Related Matters for Noting

Item 1 Delegated Decisions

The report was noted.

Members asked that a full report be provided at the next Committee to be held on 15th November 2016 in relation to planning application 16/13647/REM.

Item 2 Agricultural Notifications

The report was noted.

Item 3 Fringe Applications

The report was noted.

Item 4 Planning Obligations – September 2016

The report was noted.

Item 5 Commuted sums committed since the adoption of LDP

The report was noted.

Item 6 Enforcement Figures

The report was noted.

Item 7 Development Management Stats

The report was noted.

Members requested that detailed information be provided in relation to applications over 2 years at future Committee meetings.

8 Enforcement Reports

Access to Information

Resolved that pursuant to the provisions of Section 100A of the Local Government Act 1972, the public be excluded from the Meeting for the following item of business on the grounds that there would be disclosure to them of exempt information as defined in

Brecon Beacons National Park Planning, Access and Rights of Way 4 4 October 2016 Page 4 Paragraphs 12, 13, 17 and 18 of Part 4 of Schedule 12A of the above Act and the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Item 1 Exemption Certificate – Enforcement Delegated Decision Reports

Members agreed the decision to take the meeting into confidential session.

Item 2 Enforcement Delegated Decision Reports

The report was noted.

Signed as a correct record Chairman of the Planning, Access and Rights of Way

Brecon Beacons National Park Planning, Access and Rights of Way 5 4 October 2016 Page 5 This page is intentionally left blank ENC5

Brecon Beacons National Park Local Access Forum Confirmed Minutes of the 8th Meeting held at 2pm on July 14th 2016 Brecon Beacons National Park Visitor Centre, Libanus

Present Chair – Ian Mabberley (IM) Dave Sharman (DS) Secretary – Richard Ball (RB) Julian Atkins (JA) Jon Everington (JE) Denis Murphy (DM) Hilda Williams (HW) Phillipa Cherryson (PC) Patrick Dobbs (PD)

Observers Ruth Rourke Monmouthshire County Council Lisa Lloyd Rights of Way Assistant BBNPA Eifion Jones Rights of Way Officer BBNPA Paul Sinnadurai Conservation Manager BBNPA Shaun Lewis GIS Officer BBNPA Graham Davies Powys LAF Member

1. Welcome and Apologies for Absence IM welcomed members and observers. Apologies received from Deb Hughes, John Crellin, Colin Woodley, Pam Bell, Jeff Spencer, Sarah Coakham (NRW) and Fiona Ford (Torfaen CBC) and Steve Rayner (Canoe Wales).

2. Confirmation of Minutes of Meeting and Site Visit held on 14th April 2016 The minutes were accepted and the Chairman authorised to sign them as a correct record.

3. Matters Arising Not Otherwise Appearing on Agenda Modern.Gov - RB explained the agenda and meeting papers had been sent out using Modern.Gov and that there were a few formatting issues that needed addressing before the next meeting. Members were all able to access the documents and were happy to continue receiving meeting papers in this way. Blorenge Site Visit – RB said Funding has been secured for improved surfacing on the section of tram road, consent from NRW and Cadw is currently being sought. LAF Action Plan - IM and PC agreed to write a press release and to include a photograph of LAF members. Rights of Way Improvement Plan (ROWIP) Guidance - JA updated members following two further meetings with Catrin Dellar, (Welsh Government Officer) Members discussed the possible effects that Britain’s exit from the European Union (EU) may have on this. JA said that the three Welsh National Parks have been asked to provide a report outlining the benefits provided by EU funding over the past 3 years to demonstrate the potential loss of support.

1 Page 7

4. Annual Report

JA suggested it would be beneficial for an additional paragraph under the Rights of way management section, to summarise the outcome of the BBNPA meeting at which the proposals affecting RoW management were presented to Authority Members. Members agreed to include the LAF’s green paper response as an appendix to the report. IM will present the annual report at the Planning and Rights of Way (PAROW) Committee on 23rd August.

5. Liaison with constituent Local authority’s LAFs

Powys LAF have asked if a joint meeting could be held to discuss the proposed changes in RoW Management within BBNP. IM suggested a joint meeting should include representatives of all neighbouring LAFs. JA said that initial meetings had been held with all the Local Authorities and was unsure how helpful a joint LAF meeting would be at this stage. JE agreed and suggested a decision on a joint LAF meeting should be made after negotiations between BBNPA and Local authorities are complete and draft proposals have been put forward. Members agreed and RB will write to Powys LAF advising them of the decision.

6. Access Management and IT Maps

Shaun Lewis (SL) presented an overview of Strava Data for the BBNP area and members discussed how the data could be utilised. SL agreed to investigate the cost of accessing more detailed Strava data. JA suggested that there may be an opportunity to work with Strava through the National Parks Partnership and he would take this to the next meeting.

SL also gave a presentation on Google Tracker and explained that the BBNP would be utilising the Google Tracker equipment to photograph a number of promoted trails and areas within the BBNP over the next month.

ROWIP Projects Update

EJ confirmed that the BBNPA has received a £50000 ROWIP Grant for 2016/17. There are 17 small projects (see attached) that will receive a share of the grant, the surfacing work on the Blorenge is one of the projects.

7. Additional Welsh Government (WG) Funds for Access Projects

WG offered the BBNP £150,000. The contracts have been let and programmed to start in September.

8. Rights of Way Management Update

JA provided an update under item 3.

9. Furniture on Rights of Way

2 Page 8 IM said that the Community Interest Company (CIC) in Grwney Fawr Valley have received a £10,000 grant from WG to work with NRW to tackle off road bike use in the valley. As part of the project they are looking to improve forest road barriers and are currently researching horse step-over barriers. IM asked members if they had any suggestions or experience of using these or alternative barriers. JA suggested emailing access colleagues in other areas to see if they could provide any advice. JE said he had come across ‘v’ shape barriers on the Trans Pennine Bridleway.

10. Any other Competent business

HW asked if the LAF was aware of a proposal to fence an area of Gelliaur Common which will restrict access. Members were not aware of proposals and RB advised members that the common is outside of the BBNP boundary.

PD said that he had noticed a substantial increase in litter in West of the Park. IM added that illegal camping appears to be increasing which is adding to the problem. JA suggested the BBNPA communications department could send out a message via social media highlighting the issue.

RB has received an email regarding way marking on open upland areas in the national park. RB said that the way marking policy has been on the LAF agenda on a previous occasion and discussed in depth. Members agreed that the current policy not to waymark paths on open hills should continue. RB will reply and advise them of the LAF’s decision.

AS the LAF is entering its final year IM asked members to think about ways in which the membership can be widened for the LAFs next term. This will be added to the agenda for the next meeting.

11. Date of next meeting

October 20th, National Park Visitor Centre, Libanus. 2pm

3 Page 9 This page is intentionally left blank ENC5Item 1

ROWIP Projects update for Local Access Forum – 14th July 2016

£49918 grant from Welsh Government

17 projects

1. Surfacing and drainage on Beacons Way (Bal Bach) - £7000 2. Surfacing and Drainage (connecting Offa’s Dyke Path to Capel y Ffin) - £1500 3. Surfacing and Drainage (connecting Offa’s Dyke Path to Llanthony) - £2000 4. Waymarkign and Signage improvements (Llanthony Valley) - £1800 5. Dogs on leads signs (Eastern area of National Park) - £2000 6. Provide surface on footpath (Church View, Llangattock) - £3000 7. Provide abutments and ramps (Bullpit Meadow, Crickhowell) - £1000 8. Improve access on Taff Trail (Walking Route, Merthyr Tydfil) - £3000 9. Replace bridge (Glan y Nant, Cwmdu) - £6000 10. Replace bridge (Groves, Brecon) - £2000 11. Improve riverside path between Brecon and Fennifach - £3000 12. Vegetation and tree work to widen path (Foxes’ Lane, Brecon) - £3000 13. Improvements to Bridleway (Y Gaer, Brecon) - £4000 14. Replace bridge (Ashteee Cottage, Llanelly Hill) - £1118 15. Surfacing and drainage (Blorenge Tramroad) - £6000 16. Surfacing and drainage (Carreg Cennen) - £1500 17. Replace stiles with gates (Llanbedr) - £2000

Page 11 This page is intentionally left blank ENC6Item 1

Brecon Beacons National Park Authority

PLANNING, ACCESS, AND RIGHTS OF WAY

COMMITTEE

15 November 2016

RECOMMENDATIONS OF THE DIRECTOR OF

PLANNING ON APPLICATIONS FOR DETERMINATION

BY

THE PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

Page 13

ITEM NUMBER: 1

APPLICATION NUMBER: 15/12957/FUL APPLICANTS NAME(S): Mr Richard Palmer SITE ADDRESS: Garwnant Coed Taff Forest Merthyr Tydfil Powys

GRID REF: E: 300103 N:213979 COMMUNITY: Vaynor And Penderyn DATE VALIDATED: 28 September 2016 DECISION DUE DATE: 18 January 2017 CASE OFFICER: Mr Ryan Greaney

PROPOSAL Creation of new Holiday Cabin site at Garwnant, including 40 no. timber cabins; a central retreat; cycle store; managers accommodation; maintenance area; new tracks; parking and services.

ADDRESS Garwnant, Coed Taff Forest, Merthyr Tydfil

Page 14 CONSULTATIONS/COMMENTS

Penderyn Commoners Association 26th Oct 2016 Commenting

NP Heritage Officer Archaeology 1st Nov 2016 This re-consultation will result in no change to the previous archaeological advice provided in respect to the proposed application. The previous comments still apply.

NP Planning Ecologist 31st Oct 2016 Thank you for re-consulting me on the above application. I have no further comments to make to my Memorandum dated 6th January 2016, but have amended my recommended planning conditions to ensure that they refer to the amended documents that have been submitted:

Recommended planning conditions:

1. No development shall commence until the details of the appointment of an appropriately competent Ecological Clerk of Works have been submitted to and approved in writing by the Local Planning Authority. The appointed person shall supervise and ensure the implementation of the activities as outlined in the following documents: o Ecological Procedural Method Statement o Habitat Management Plan (Version 5 dated September 2016) o Nightjar Management Plan o Section 5 of the Ecology Planning Report (Revision 6 dated 20.09.2016) 2. The Ecological Procedural Method Statement dated November 2015 shall be implemented in full prior to and during the construction phase of the development. The Local Planning Authority shall be notified in writing that the "mitigation & enhancement measures" have been installed appropriately prior to first beneficial use of the development. 3. The recommendations and actions in section 2 of the Nightjar Management Plan APEM Ref: 414504 by Dr Roger Buisson, APEM dated November 2015 shall be implemented in full during the construction and subsequent operation of the development. 4. The Habitat Management Plan and Woodland Management Plan shall be implemented in full. Any changes to the Plans as a result of monitoring surveys shall be notified to and agreed in writing with the Local Planning Authority. 5. Site clearance and construction measures shall be carried out in full accordance with the Construction Management Plan. No development works shall commence until the Construction Exclusion Zones have been defined and demarcated as described in the Construction Management Plan and the Habitat Management Plan (Version 5 dated September 2016) and the Local Planning Authority notified in writing. 6. Prior to the commencement of the development, a summary report and A3 plan of biodiversity enhancement measures to be installed and an appropriate timetable for delivery shall be submitted to the Local Planning Authority for written approval. The measures shall be

Page 15 implemented as approved. 7. The Landscaping Plan shall be implemented in full. Prior to the commencement of the development, a timetable for the implementation of the Landscaping Plan shall be submitted to the Local Planning Authority. Any trees or shrubs that fail within the first five years of planting shall be replaced on a like-for-like basis. 8. The results of the monitoring surveys as outlined in the Habitat Management Plan (Version 5 dated September 2016) shall be submitted to the Local Planning Authority and the Biodiversity Service for Powys and the Brecon Beacons National Park by December 31st of the year that they are undertaken in. 9. The Lighting Scheme as described in the Lighting Management Strategy and associated drawing shall be implemented as approved. No additional lighting shall be installed unless a revised Lighting Strategy is submitted to and approved in writing by the Local Planning Authority.

NP Strategy And Policy 24th Oct 2016 Many thanks for giving me the opportunity to review the revised scheme for the above planning application.

Having reviewed the revisions, I am of the opinion that my comments of the 22nd December 2015 and the 12th May 2016 are still valid and there is no need for me to reassert my views in relation to the principle of the development.

Strategy and policy have no objection to the proposed development.

Natural Resources Wales/Cyfoeth Naturiol Cymru 27th Oct 2016 Thank you for re-consulting us on amended plans regarding the above proposed development, which we received on 10 October 2016. We have reviewed the amended information and provide updated advice in relation to landscape. Please note that our advice in to relation flood risk, foul and surface water drainage and European Protected Species remains unchanged from our previous letter reference CAS-13529-P7D1, dated 23 December 2015.

Landscape We consider that the proposed landscape changes would help reduce the visual impacts of the scheme and integrate the proposals more successfully with the surrounding woodland. We consider that the proposed planting on the ridge and its east facing flanks would help to reduce the visual impact of the cabins from the valley floor and west facing slopes of the Taf Valley to the east. We note the transfer of the open glade to the area immediately around the lodges. This means that the lodges are more likely to be visible in the views from the elevated open access land to the east looking down on the development. From a landscape and visual perspective it would be preferable to not have a large open glade on the site, but rather to see the cabins in a woodland setting. It appears that the open glade around the cabins has been reduced, and another area of open glade on the eastern edge of the site.

We previously recommended (letter dated 23/12/15) that further woodland planting be included around the cabins in the most visible, north part of the site to supplement proposed natural regeneration and ensure a woodland setting to help integrate the development with its surroundings. The landscape management plan, paragraph 3.4 of the Woodland Management Plan and the Habitat Management Plan, refer to grass cutting within the open glade, with some

Page 16 tree planting around the cabins. As highlighted above, in order to minimise visual impacts we recommend woodland planting and natural regeneration in this area, rather than an open glade. However, we understand that the open glade is proposed as part of the ecological enhancements measures for the site.

Welsh Government Transport Department 26th Oct 2016 One issue to raise with regard to the Garwnant site is that there has been a SWTRA (South Wales Trunk Road Agent) recommendation for junction warning signs placed on its Southbound/Northbound approach. We approached your Transport Consultant, Bannersgate with regard to the signs being included as part of the scheme associated with the 40 chalets, and they confirmed this. For clarity, would you please confirm that these will be designed and funded by the developer as part of the scheme as I am not picking up a reference to the signs in the Transport Statement (TS). One way to include it would be to revise the TS and drawing, however I think that a simple confirmation would suffice (a new plan would be required to include these as part of the detail post planning). In theory, the signs should be included in the red line area, but as they would be on our land and in our verge, this can be controlled through the Section 278.

Welsh Government Transport Department 1st Nov 2016 I refer to your consultation letter of 10th October 2016 regarding the above application. Following extended negotiations with the applicant's Agent, the Welsh Government (Transport) as highway authority for the A470 trunk road considers that the proposal at Garwnant, can be accommodated in vehicular terms on the strategic network subject to a junction improvement to Design Manual for Roads and Bridges standards. The following conditions are therefore directed to be applied to any consent your Authority may grant. 1. The proposed junction improvement with the A470 trunk road as detailed in the Bannersgate drawing no. P780/211 and P780/201 and revised on 29/7/2016 in the supporting Transport Statement, shall be completed to the written satisfaction of the Planning Authority prior to beneficial use of the proposed development. In association with the above condition, the technical detail required shall include; o Compliance with current design standards (DMRB to include HD22 certification, TD19 etc) and Policies (or approved relaxations/departures from standards). o Commission of independent Road Safety Audit carried out in accordance with HD 19/15 of the DMRB. o Full design and construction drawings including that for junction warning signs, to accompany the required agreement between the developer and the Welsh Ministers under section 278 of the Highways Act 1980. General Notes 1. No drainage from the development site shall be connected to or allowed to discharge into the trunk road drainage system, and the proposed junction shall be constructed such that the access road does not drain onto the trunk road. 2. The applicant should be advised that they will be required to enter into an Agreement with the Welsh Ministers under Section 278 of the Highways Act 1980 / Section 23 of the New Roads and Street Works Act 1991 to enable the Applicant to undertake agreed improvement works on the trunk road. This Agreement will contain details of the improvement works, construction conditions and financial arrangements under which agreed measures can be put in place, including indemnifying the Welsh Ministers against third party claims. Without such an

Page 17 agreement in place, any consent that may be granted by the Planning Authority cannot be implemented. 3. The Applicant shall commission and pay for a Safety Audit of the scheme, in accordance with the Design Manual for Roads and Bridges HD 19/15. The Applicant shall agree the required measures with the Welsh Government before works commence on site and will be responsible for meeting all costs associated with these works. 4. The Applicant shall agree with the SVVTRA a system of temporary road signing in accordance with Chapter 8 of the Traffic Signs Manual and the Safety at Streetworks and Roadworks Code of Practice.

Health And Safety Executive 9th Dec 2015 Commenting

NP Heritage Officer Archaeology 6th Jan 2016 Welsh planning legislation and policy guidance outlines that the desirability of preserving archaeological remains and their setting is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.1). Planning Policy Wales (Edition 8: 2016): Paragraph 6.5.1. 'The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. In cases involving lesser archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development.'

This means that Local Planning Authorities in Wales have to take into account archaeological considerations and deal with them from the beginning of the development control process (WO Circular 60/96 Para. 10), and need to be fully informed about the nature and importance of archaeological remains, and their setting, and the likely impact of any proposed development upon them (WO Circular 60/96, Para. 15).

Development Plan Framework The adopted Local Development Plan sets out the Brecon Beacons National Park's policies and proposals to guide development in the National Park, , including Policy SP3 f): 'All proposals for development or change of use of land or buildings in the National Park must demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of … archaeological features'.

Archaeological sensitivity and significance of the site Consultation of the regional Historic Environment Record and the information submitted in support of this application indicate that the site of the proposed development is one of archaeological sensitivity. There are no designated heritage assets on the site of the proposed development. However, there are a number of undesignated heritage assets both within the site of the proposed development and immediately adjacent to it. Directly on the site are the remains of banks and walls relating to historic field systems, which relate to the field systems

Page 18 depicted on 19th century historic mapping. These include regular patterned fields that are certainly of post medieval origin, and some irregular field patterns that have the potential to be of earlier origin. Furthermore, there are a number of undesignated heritage sites immediately adjacent to the proposed development, including the ruins of a number of abandoned farmsteads and agricultural buildings of local significance: o Pen Twyn Uchaf - deserted historic farmstead depicted on historic maps and surviving as a ruin. o Wern Fawr Farm and associated barn - deserted historic farmstead depicted on historic maps, comprising several building phases right up until modern period. o Bryn Prydydd - deserted historic agricultural building depicted on historic maps and surviving as a ruin.

The impact of the proposed development on the setting of these immediately adjacent heritage assets needs to be considered.

I welcome the submission of the desk based assessment in support of the application and am in agreement with its conclusions that the main archaeological significance of the sites lies in the surviving field systems, and that the impact of the conifer planting on the site in the 1970s, both the forest ploughing and the effect of the subsequent root damage will have caused considerable disturbance of surface deposits. Two potential archaeological features, a possible sheepfold or building foundation and a series of five circular mounds were identified in the desk based assessment on LiDAR data, but could not be identified on the ground during the walk over surveys conducted, may be of archaeological interest, but the nature of these remains, and whether they are of archaeological origin is not fully understood. The presence of the surviving trees that are to be retained and the presence of extensive root systems will make further evaluation through either geophysical survey or trial trenching, and therefore further understanding of these features at this stage, difficult to achieve. However, the impact of the development on these potential archaeological features needs to be considered.

Archaeological Impact of the development The potential archaeological impact of the proposed development will lie with the ground works that need to be undertaken, both in the construction of the cabins themselves and the supporting infrastructure - roads, drainage and services et.. The plans submitted indicate that the cabins have been located away from the location of know archaeological remains, such as the filed system, and away from the potential sheepfold/building foundation. Furthermore, the proposed method of construction for the cabins indicates that they will have minimal impact both in terms of below ground impact and their potential compression effect. The fact that the area has been previously subject to forestry plantation also further reduces the archaeological potential and the likelihood of significant impacts.

Therefore, the main archaeological of impact of the proposed development will be the ground works associated with the construction of the new roads, drainage and other service channels where it has a direct physical impact upon sections of the field systems that the road, drainage channels and other services have to cross, and these impacts need to be appropriately mitigated. The submitted desk based assessment suggests that this occurs in five places, but my reading of the plans suggest that there may be impact in up to seven locations. I welcome that the Construction Management Plan already recognises these impacts and the need for appropriate archaeological mitigation and recording, through the agreement of the Written Scheme of Investigation with the National Park Authority. I also welcome that fact that scheme has been

Page 19 designed to allow the majority of the field system, and therefore it's significance, to be retained.

There is also the potential impact of the scheme on the five circular mounds that were identified as a possible feature from the LiDAR data but could not be identified as above ground features during the walk over surveys. These mounds appear from the plans to fall close to the area of Unit 39, and the associated road, parking areas, turning circle etc. and if these mounds are of archaeological origin the ground works associated with the development will inevitably impact upon them. These potential archaeological impacts will need to be appropriately mitigated.

Finally, the impact of the proposed development on the setting of the adjacent historic farmstead remains needs to be considered. The development could have a negative impact on these remains, both to their setting and perhaps through increased traffic and footfall. However, the setting of the remains is already at least partially compromised by the previous and existing forestry planting, roads etc. as intrusions in the historic landscape and by removing the visual links between the historic farmsteads and their field systems. The new landscaping and planting associated with the proposed development will screen the development from the historic farmstead remains to some extent, and I welcome the proposed enhancement through the provision of guest information and discrete onsite interpretation boards to identify features and the interest of the area, as this could go some way to put the surviving historic farmsteads and their surviving field systems into context and relate them to each other.

Mitigation Required A programme of archaeological works is required, including the recording of the existing field systems prior to the development, and watching brief during work to identify, investigate and record any features of archaeological interest discovered during the ground works, within the areas that impact upon the field systems remains and the area of the potential remains of the five circular mounds, in order to mitigate the impact of the works on the archaeological resource.

An appropriate condition would be: No development shall take place within the application area until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a brief issued by the local planning authority and a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority. The archaeological work will be undertaken by a suitably qualified archaeological contractor to the standards laid down by the Chartered Institute for Archaeologists. On completion of the fieldwork and any post-excavation analysis required, a copy of the final report shall be submitted to the Local Planning Authority for approval; and following approval to the Royal Commission on the Ancient and Historical Monuments of Wales for inclusion in the National Monument Record, and to Glamorgan Gwent Archaeological Trust for inclusion in the Regional Historic Environment Record (HER).

Reason: To ensure that any remains of archaeological significance disturbed in the course of the development are adequately investigated, recorded and reported.

I would also recommend that a suitably worded condition is attached to the decision notice that requires the provision of the guest information and discrete onsite interpretation boards to identify features and the interest of the area, and that the details of which (layout, content etc.) is agreed in advanced by this Authority, to ensure that this interpretative information is provided, and that appropriate information is provided and in an appropriate form. This would of course

Page 20 cover more than just the historic environment issues.

NP Rights Of Way Officer 14th Jan 2016 Apologies for the late reply to the consultation letter dated the 9 December 2015. I'm only now having a proper look at the plans for this development.

From a rights of way and general access point of view I would make the following comments:

There are two bridleways in the vicinity of this development as well as the "walking" route of the Taff Trail. It appears to me that none of these are satisfactory at the present time. One of the bridleways would cut through the proposed development although this appears to have been taken account of in the design of the development.

I have yet to visit the site but I suspect that there are improvements that could be made to the right of way network and to the route of the Taff Trail which would be of benefit to the public and to users of the development were it to be constructed. The immediate proposal I would make would be to amend the route of the Taff Trail so that it follows forest roads. The official route is somewhat circuitous and confusing at the moment and passes through an area of private land, not following rights of way, outside the forest. Given that the development presents opportunities for more cycling in the area it would appear logical to try and make this section of the Taff Trail easy for cyclists to use. There is also potential for a longer length of the walking route of the Taff Trail to be made accessible to cyclists in both a northerly and southerly direction. In the wider context, there is potential to make the walking route of the Taff Trail accessible to cyclist in a southerly direction to Merthyr Tydfil and in a northerly direction to Brecon. Much of the route is already suitable for cycling and follows bridleways and public roads.

These are issues to discuss further with the developer and relevant landowners. Any physical works required could be subject to funding through a section 106 agreement.

Natural Resources Wales/Cyfoeth Naturiol Cymru 11th Jan 2016 Thank you for referring the above planning application, which we received on 9 December 2015.

We have no objection to the development as proposed, subject to your Authority securing planning conditions (or Section 106 agreement) relating to landscape, habitat and woodland management, as well as foul and surface water drainage.

Landscape Our comments relate to the landscape and visual effects on the Brecon Beacons National Park. The proposal lies within the Brecon Beacons National Park and within the Talybont & Taff Reservoir Valleys Landscape Character Area, as defined in the National Park's Landscape Character Assessment. The proposal is relatively well contained within the landscape as a result of the landform and coniferous forestry, with limited visibility from the north, south and west. The main visibility is from the east and north east of the clear felled open ground in the north of the site. Overall, we consider the landscape value of the area is considered high, as expected given the National Park designation.

We do not consider that the adverse effects on the National Park would be significant in the

Page 21 long term. There would be some significant adverse visual effects during construction and the early years of operation, however these would reduce over time due to mitigating planting, with the only residual significant adverse visual effects being from the adjacent trail (viewpoint 2). There would be some remaining moderate adverse visual effects from viewpoints 1, 5, 6 & 7 in the long term but there would also be landscape character benefits in relation to enhancements to the woodland.

Given that landscape and visual effects should be minimised as far as possible, particularly within a National Park, we would recommend that further woodland planting is included around the cabins in the most visible, north part of the site, to supplement proposed natural regeneration and ensure a woodland setting. This would help to integrate the development with its surroundings and be appropriate to the locality. Whips, feathered and multi-stemmed trees, with container grown conifer specimens are recommended over standards and heavy standards in this exposed environment.

You may wish to consider the implementation of an agreed Landscape Plan, Habitats Management (or revise as a Landscape & Ecological Management Plan) and Woodland Management Plan as a requirement of any approval, to be secured by condition/S106 agreement. These plans should include full details of the grassland establishment and management, details of footpaths/tracks and the restoration and management of banks and stone walls. We recommend a local provenance, heathy grassland mix for the open area (glade) to the north of the site. We advise that the Habitats Management Plan/Landscape & Ecological Management Plan and Woodland Management Plan should run together for 25 years rather than 5 years, to ensure the long-term management of the site and should be reviewed and ongoing at the end of the 25 year period.

Foul and Surface Water Drainage The proposed development site is not located in a publically sewered area. Foul drainage will treated by a dedicated package treatment plant. We understand that this has been developed in consultation with DCWW. We note that all surface water runoff from the site (both from roofs and any new access roads) would drain to ground assisted by infiltration strips, where necessary. We note that the refuelling area will be on impermeable hard standing with an isolated drainage system.

However, it is unclear if the wheel cleaning facility will be located in the same area. The construction phase of the development has the greatest risk of impacts to surface and subsurface water drainage. We note from the Pollution Control Statement (Appendix 2) that if silt- contaminated water is produced during the construction works that straw bales will be utilised. The applicant should be aware that there are a number of other silt pollution mitigation measures that could be used onsite in combination with straw bales or instead of them depending on the situation.

We consider that the proposed development will be acceptable if the following measures are implemented and secured by way of a planning condition on any planning permission.

Condition The development hereby permitted shall not be commenced until such time as a scheme to dispose of foul and surface water has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved.

Page 22 Reasons To prevent pollution to the water environment. The applicant should be aware that they will require an Environmental Permit from ourselves to discharge treated sewage effluent plant.

European Protected Species We note that no likely adverse impacts on European Protected Species or their associated habitats resulting from the proposal as submitted were identified during the surveys. We advise adherence to the recommendations outlined in the Environmental Statement and we welcome the intention to undertake transect surveys in the two years following the construction works.

Flood Risk We note that the main access to the proposed development is via the existing Visitor Centre. This access is partially located within Zone C2, as defined by the Development Advice Map (DAM) referred to in Technical Advice Note 15: Development and Flood Risk (TAN15) (July 2004). Our Flood Map information, which is updated on a quarterly basis, confirms the existing access to be partially within the 1% (1 in 100 year) and 0.1% (1 in 1000 year) annual probability fluvial flood outlines. However, we note there is an alternative emergency access to the site that is not at risk of flooding. The proposed built development is located with Zone A which is considered to be at little or no risk of fluvial or tidal/coastal flooding. We therefore have no adverse comments from a flood risk perspective.

Should you have any further queries, please do not hesitate to contact us

NP Planning Ecologist 8th Jan 2016 A. Planning Policy & Guidance o To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. o The adopted Local Development Plan for the Brecon Beacons National Park includes the following policies regarding ecological issues and safeguarding biodiversity: o SP3 Environmental Protection - Strategic Policy o Policy 3 Sites of European Importance o Policy 4 Sites of National Importance o Policy 5 Sites of Importance for Nature Conservation o Policy 6 Biodiversity and Development o Policy 7 Protected and Important Wild Species o Policy 8 Trees and Development o Policy 9 Ancient Woodland and Veteran Trees

B. Legislation o Environment Act 1995 - the first Statutory Purpose of the National Park is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park o Natural Environment & Rural Communities Act 2006 - Section 40 requires local authorities to have due regard to conserving biodiversity. This includes reference to the list of priority species and habitats produced under Section 42 of the Act. o Conservation of Habitats & Species Regulations 2010 (as amended) - Regulation 9 requires local authorities to take account of the presence of European Protected Species at

Page 23 development sites. If they are present and affected by the development proposals, the Local Planning Authority must establish whether "the three tests" have been met, prior to determining the application. The three tests that must be satisfied are: i. That the development is "in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment". ii. That there is "no satisfactory alternative" iii. That the derogation is "not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range"

C. Comments 1. Thank you for consulting me on the above application. The development proposals are for the construction of 40 new holiday cabins and associated structures including managers' accommodation, service and maintenance buildings and new tracks and parking areas on a site that is approximately 12.3 hectares. A package treatment plant is also part of the proposals. 2. I have reviewed the documents and drawings submitted with the application, which includes the following ecological information: o Garwnant, Brecon Beacons - Ecology Planning Report - Forest Holidays Ltd by AECOM dated September 2015 o Ecological Assessment - Proposed Holiday Lodge Site at Garwnant, Coed Taf Fawr, Brecon Beacons by Collins Environmental Consultancy Ltd - Version 8 dated November 2015 o A Lichen and Bryophyte Survey of a Proposed Development near Garwnant, Cwm Taf, Brecon Beacons National Park by Alan orange dated 2014 o Garwnant Breeding Bird Survey Report - Forest Holidays LLP by AECOM dated August 2015 o Habitat Management Plan for Holiday Lodge Site, Garwnant, Coed Taf Fawr, Brecon Beacons by Collins Environmental Consultancy o Ecological Procedural Method Statement for Holiday Lodge Development at Garwnant, Coed Taf Fawr, Brecon Beacons - Version 3 by Collins Environmental Consultancy Ltd dated November 2015 o Garwnant Cabin Site: Management Plan for Nightjar - Forest Holidays Ltd - APEM Ref: 414504 by Dr Roger Buisson, APEM dated November 2015 o Landscape Planting Plan (Volume 3: Appendices - Appendix 2.1) o Garwnant - Woodland Management Plan - 2015-2020 and beyond by Alan Motion Tree Consulting Ltd dated Nov 2015

There are also a number of other documents that relate to ecological issues at the site: o Construction Management Plan - Garwnant - Forest Holidays dated November 2015 o Pollution Control Statement - Garwnant Site, Brecon Beacons National Park - Pre- construction Draft (undated) o Forest Holidays Ltd - Garwnant- Brecon - Drainage Strategy - Summary by Tweddell & Slater - Rev B - 09.06.15 o Sewage Treatment Plant Environmental Management System - Brecon Beacons Forest Cabins o Lighting Management Strategy - Garwnant - Forest Holidays dated October 2015

3. The submission of the ecological reports with the application is welcomed. The site has a number of habitats, being predominantly coniferous and mixed plantation woodland with areas of broadleaved woodland and scrub. Part of the site suffered storm damage in 2012 and the

Page 24 timber has since been cleared and extracted and the ground mulched in this area. There are areas of Ancient Woodland adjacent to the application site and also two streams flowing across the site as well as a third across the northern boundary. The Phase 1 habitat map is rather general and does not identify the full detail of different habitats present, but does give a broad indication of the habitats in conjunction with the text in the report. 4. The Brecon Beacons SSSI lies approximately 1 km to the north west of the site; it is designated for its upland habitats and no impacts on the designated features of the site are anticipated as a result of this development. The Brecon Beacons SAC lies more than 5km to the north-west; although there will be an increase in the number of visitors staying overnight in the area, given the existing numbers of visitors as well as the distance from the designated site boundary, no Likely Significant Effects on the SAC are anticipated as a result of this increase. 5. A lichen and bryophyte survey was undertaken in 2014 and found the presence of a number of lichen species included in the Welsh and UK red data species list, including a number of Usnea species. The most diverse areas for lichens and bryophytes were along the watercourses, areas that should not be directly affected by these development proposals as a 10 metre buffer zone has been proposed. 6. Bat activity surveys were undertaken during the summer of 2015; levels of bat activity were not particularly high, but species recorded present included long-eared, pipistrelle and myotid bats. No bat roosts were positively identified at the site, but roosts on or near the site are indicated as echolocation calls were recorded close to sunrise and sunset. No trees with potential roosts require removal for these development proposals. Indirect effects on bat roosts will be appropriately managed by the Ecological Clerk of Works and thirty woodcrete bat boxes will be erected on trees as mitigation. 7. Assessments for other mammal species were undertaken. Dormice are considered unlikely to be present and the risk of unexpected discovery can be appropriately managed. No evidence of badgers was found, although there were constraints to the survey effort (dense vegetation). The site does not have a large watercourse but potential resting sites for otter were identified close to the streams; therefore a buffer zone has been recommended to minimise disturbance. 8. Reptile surveys during Spring 2015 found presence of common lizards at the site, with a peak count of 9 on one occasion. The recommendations in section 5.2.2 of the Ecology Planning Report are appropriate and should be implemented in full. The recommendations include the creation of 6 no. log piles as habitat for reptile species. The creation of glades and woodland edge habitats will also be beneficial to reptile species. 9. The breeding bird survey confirmed the presence of number of species breeding on the site, including willow and garden warblers, blackcap and great, coal, blue and long-tailed tits. A number of other bird species are also probably or possibly breeding on or adjacent to the site. The recommendations in section 5.3.2 of the Ecology Planning Report are appropriate and should be implemented as stated. It is welcomed that at least 30 woodcrete bird boxes will be erected at the site as mitigation. 10. Of particular interest is the presence of 3 churring nightjar (i.e. 3 territories) to the west of the application site. This species is an Amber List Bird of Conservation Concern and tourism and recreational activities have been identified as threats to their breeding success. The submission of a Management Plan for this species is therefore welcomed; it includes helpful reference to other UK Forest Holidays sites where nightjars are also known to be present. The recommendations in section 2 of the Management Plan for Nightjar are appropriate and welcomed and a planning condition should be imposed to ensure their implementation. 11. White-clawed crayfish were previously known to be present in the Taf Fawr watercourse. Surveys were undertaken in September 2015 and no evidence of current presence was found. Unfortunately, the invasive, non-native signal crayfish were found in the Taf Fawr

Page 25 downstream of the proposed development. 12. The general recommendations in section 5 of the Ecology Planning Report are appropriate and welcomed. The appointment of an Ecological Clerk of Works to supervise the construction works will be essential to ensure the implementation of the recommendations and procedures outlined in the Construction Management Plan and the Pollution Control Statement; planning conditions should be imposed to secure this. 13. The submission of a Habitat Management Plan is welcomed. The actions outlined in the report include measures to protect habitats and species during the construction phase as well as measures for the ongoing management of the site during its operation. The measures and actions are appropriate and should be implemented in full. It is noted that Section A5 states that the woodland planting will be undertaken in November 2015; it would be helpful to have clarification of whether this has already been done or if a revised timetable is to be proposed. The Woodland Management Plan covers the different woodland types of the application site, including the clear-felled, open ground. It appears to be quite general but the NP Tree Consultant can provide further guidance on its acceptability. 14. The Landscaping Plan is broadly acceptable from an ecological point of view. The proposed timetable does not seem to have been finalised. Monitoring of the success of the planting will be essential and has been included in the Habitat Management Plan. Any shrubs or trees that fail in the first five years will need to be replaced. As in 13 above, clarification of the timetable/phasing of the planting is required. 15. The Site Establishment Plan mentioned on page 8 of the Construction Management Plan appears to be missing. Please can this be provided? Details of the post-development restoration of the Construction Compound will need to be provided and can be secured through a planning condition, but the applicants may wish to clarify this prior to determination. 16. It will be important to ensure that any external lighting is of an appropriate design and sensitively located to avoid light-spill towards bat roosting areas or wildlife corridors. The details of external lighting have been supplied in the Lighting Management Strategy and the accompanying drawing; the proposals appear to be appropriate to minimise the impact of artificial light. 17. There will be opportunities to accommodate biodiversity enhancement measures in a scheme such as this. The installation of 30 no. bat boxes and 30 no. bird boxes of the woodcrete variety as well as the creation of 6 no. dead-wood "habitat piles" is welcomed, but these are proposed as mitigation as well as enhancement. There will be opportunities to accommodate additional features for bat roosting and bird-nesting within the new structures at the site; construction of a bat loft within one of the roof structures would be particularly welcomed. It is also acknowledged that the native-species planting and habitat management actions will provide biodiversity enhancement at the site. A summary report of the habitat enhancement measures and a timetable for delivery should be secured through an appropriately worded planning condition 18. I note the content of the Drainage Strategy document. I am not in a position to provide comments on the suitability or efficacy of the proposed methods of dealing with foul water at the site, particularly the water from the hot tubs, and assume that NRW and DCWW will provide further comment on this. It will be essential to ensure that clean water quality is maintained in the watercourse. I also note that there is potential for a reed-bed system to be installed - this would be welcomed and could provide additional biodiversity enhancement at the site.

D. Recommendations

The Site Establishment Plan should be submitted along with clarification of the restoration of

Page 26 construction compound areas.

Further details on the timetabling and phasing of the development and planting are also required; this could be secured through planning conditions, but the applicant may wish to provide this information prior to determination of the application.

If the above can be clarified and this application is to be approved, I recommend the inclusion of planning conditions and informative notes to cover the following issues:

1. No development shall commence until the details of the appointment of an appropriately competent Ecological Clerk of Works have been submitted to and approved in writing by the Local Planning Authority. The appointed person shall supervise and ensure the implementation of the activities as outlined in the following documents: o Ecological Procedural Method Statement o Habitat Management Plan o Nightjar Management Plan o Section 5 of the Ecology Planning Report 2. The Ecological Procedural Method Statement dated November 2015 shall be implemented in full prior to and during the construction phase of the development. The Local Planning Authority shall be notified in writing that the "mitigation & enhancement measures" have been installed appropriately prior to first beneficial use of the development. 3. The recommendations and actions in section 2 of the Nightjar Management Plan APEM Ref: 414504 by Dr Roger Buisson, APEM dated November 2015 shall be implemented in full during the construction and subsequent operation of the development. 4. The Habitat Management Plan and Woodland Management Plan shall be implemented in full. Any changes to the Plans as a result of monitoring surveys shall be notified to and agreed in writing with the Local Planning Authority. 5. Site clearance and construction measures shall be carried out in full accordance with the Construction Management Plan. No development works shall commence until the Construction Exclusion Zones have been defined and demarcated as described in the Construction Management Plan and the Habitat Management Plan and the Local Planning Authority notified in writing. 6. Prior to the commencement of the development, a summary report and A3 plan of biodiversity enhancement measures to be installed and an appropriate timetable for delivery shall be submitted to the Local Planning Authority for written approval. The measures shall be implemented as approved. 7. The Landscaping Plan shall be implemented in full. Prior to the commencement of the development, a timetable for the implementation of the Landscaping Plan shall be submitted to the Local Planning Authority. Any trees or shrubs that fail within the first five years of planting shall be replaced on a like-for-like basis. 8. The results of the monitoring surveys as outlined in the Habitat Management Plan shall be submitted to the Local Planning Authority and the Biodiversity Service for Powys and the Brecon Beacons National Park by December 31st of the year that they are undertaken in. 9. The Lighting Scheme as described in the Lighting Management Strategy and associated drawing shall be implemented as approved. No additional lighting shall be installed unless a revised Lighting Strategy is submitted to and approved in writing by the Local Planning Authority.

Informative note: 1. Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development.

Page 27 To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000

Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP o To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006

NP Strategy And Policy 22nd Dec 2015 The development plan for the area is the Brecon Beacons National Park Local Development Plan 2007-2022 (hereafter LDP) which was adopted by resolution of the National Park Authority on the 17th December 2013. My observations relate to the proposals compliance with the strategy and policy of the LDP.

Proposal The proposal seeks full planning permission for the creation of a 'Forest Holidays' log cabin style holiday accommodation complex including 40 cabins, and supporting structures.

National Planning Policy Context Planning Policy Wales (Ed 7) sets out the Welsh Government's objectives for the Welsh Planning System including national statements of planning policy for consideration in the determination of planning applications. Section 11.1.1 of PPW sets out that the Welsh Government believe tourism to be vital to economic prosperity and job creation. It is a significant and growing source of employment and investment, based on the country's cultural and environmental protection, regeneration and improvement in both rural and urban areas. PPW goes on to state that the Welsh Government's aim is for -Tourism to grow in a sustainable way and to make an increasing contribution to the economic and environmental well-being of Wales (11.1.2) and In determining planning applications for tourism developments, local planning authorities need to consider the impact of proposals on the environment and local community (11.3.1)

Further guidance in relation to tourism development is provided in Technical Advice Note 13 Tourism (1997). The guidance states [such development is] an important part of the self-catering sector and can contribute as much to the local tourism economy as serviced accommodation. [suchsites] can be intrusive in the landscape...special consideration needs to be given to proposals for new sites, especially in National Parks (para 12). New and extended sites should be effectively screened, and planned so not to be visually intrusive. (para 13) Local authorities may also need to consider dividing large sites into smaller units to reduce the overall environmental impact (para 14).

LDP Policy Context The LDP follows the direction of PPW and TAN13 in relation to tourism policy. LDP Strategic Objective SE5 sets out that the LDP aims to support a sustainable tourism industry which contributes to the public's enjoyment of the National Park. This position acknowledges both the importance of tourism to the NPA economy and also the significance of the industry in

Page 28 achieving our Second Statutory Purpose to 'Promote Opportunities for the understanding and enjoyment of the special qualities of the National Park by the public.' This dual benefit of tourism is supported through strategic policy SP14 Sustainable Tourism which states The NPA will enable proposals for sustainable tourism development which promote opportunities for the enjoyment and understanding of the National Park., whilst ensuring that the natural beauty, wildlife and cultural heritage is conserved and enhanced. Through this strategic position the LDP seeks to further implement the National Park Authority's Sustainable Tourism Strategy. The document sets out the strategic direction for tourism operators working within and adjacent to the National Park to sustain the industry economically, environmentally and socially.

The LDP sets out that it can contribute to the delivery of the Sustainable Tourism Strategy in the following ways:-

1. by protecting the environment and the special qualities of the National Park which form basis of the tourism industry 2. by supporting proposals for appropriate tourism business development in order that they may continue to make a valuable contribution to local economic and social vitality 3. by ensuring through the implementation of Strategy Policy SP1 (National Park Purposes) that proposals for tourism are able to make a positive contribution to the pursuit of the National Park purposes and duty 4. by maintaining and improving public access to the National Park 5. by ensuring, through the settlement strategy, that the culture and vitality of local communities is preserved 6. by enabling the development of a sustainable transport infrastructure.

Detailed policy within the LDP aimed to implement this strategy primarily seeks to underpin the sustainability of tourism development by focusing new permanent development for tourism accommodation to defined settlement boundaries (Policy 45). These are locations which have been assessed to have the best links to transport, services and facilities. This policy position is intended to ensure that the economic benefit generated by tourism use is directly linked to the local community, whilst protecting the countryside from sporadic development. The open countryside location of the development is such that it is contrary to this policy position. I note that there is some discussion within the applicant's Planning Statement (PS) in relation to the proposal's compliance with policy 46 of the LDP. This policy relates to non-permanent holiday accommodation. This policy is primarily intended to control low impact tourism development which is seasonally sited, but removed from the site out of season. Accordingly, due to the permanent nature of the proposed development (ie it is not to be controlled by seasonal occupancy, neither could we require the cabins to be removed from site out of season) policy 46 does not apply. However, notwithstanding the above, it is considered that the nature of the proposal is such that a departure from the expected policy position could be considered acceptable.

The NPAs Sustainable Tourism Strategy sets out the need to develop and grow the tourism offer within the NPA in line with the needs and capacity of the area. The emphasis is placed on increasing the value of tourism in the area through seeking to raise:-

- The percentage of visitors who stay overnight - The spend per head - The length of stay

Page 29 The strategy goes onto define future primary target markets to help achieve these aims as follows

Freedom Seekers: looking for relaxation and soft activities in a scenic natural environment with good food and accommodation. Main message: "Escape and change of pace" Active Seniors: Looking for the above together with broader cultural interest. Main message 'indulgence' Outdoor Activists: Specifically seeking hiking, cycling, riding canoeing and other activities in a scenic environment/ Main message: 'Freedom and space' Families. Looking for active family holidays. Main message 'plenty to do'

Given the nature of the tourism offer proposed within this application, it is considered that there is a great deal of synergy between the aims of the BBNPA Sustainable Tourism Strategy, its' target markets, and that of the applicant Forest Holidays business model. 'Forest Holidays' is a recognised brand with an objective to provide peaceful relaxation within a tranquil natural setting that is integrated into its environment (PS 3.3) Forest Holidays cabin style woodland holiday accommodation operate at an average occupancy rate of 90% across nine other sites within England and Scotland, including National Park settings. This proposal is the first such site to operate within Wales. Forest Holidays is a commercial company with strong links to the Forestry Commission/NRW. The applicants state that NRW will exert some control over this commercial element through a framework agreement. This agreement requires the company to adhere to certain measures to ensure compatibility with NRW aims and objectives and wider forest management. Accordingly it is stated that The Forest Holidays model, [has], as a fundamental objective, the education of guests and visitors, to achieve a greater understanding of the special qualities of the environment and wider forest setting. Forest Rangers are employed on all sites, providing guests with the opportunity to discover and appreciate the forest's unique attributes of species and eco-system, through daytime and night time guided walks. Throughout the operation of the cabin site, the focus will be on promoting a greater understanding and awareness of the natural environment and National Park. (PS 3.4). The tourism offer proposed seems compliant in vision with the stated overall objective of future tourism development set out by the NPA's Sustainable Tourism Strategy which seeks 'To provide a rich diversity of visitor experiences in line with potential market interests and opportunities and with Brecon Beacons brand values.

From the above, it could be considered that the scheme could, in principle, contribute positively towards achieving the LDP's Strategic Objective for tourism (as set out above). It is considered that there is potential for the scheme to add value to the economy of the National Park (the applicant's Economic Impact Analysis places a figure on this at around £1.42 million) whilst providing opportunities for the understanding and enjoyment of the special qualities of the National Park in line with our Second Statutory Purpose.

To be certain that such proposal could be justified in accordance with our secondary purpose we must be satisfied that the proposal is compliant with the Sandford Principle, which states that the enjoyment of the National Park shall be in a manner and by such means as will leave their natural beauty unimpaired for the enjoyment of this and future generations. It asserts the primacy of the first purpose of over the second in cases of irreconcilable conflict. The National Park Management Plan defines "natural beauty" as "a broad concept that is concerned with landscape and the way this is perceived by people both visually, in terms of aesthetic aspects like colour, form, texture and pattern, and by other senses and also through our perception and preferences, which are affected by people's cultural backgrounds and interests" (after CCW 2006). Our first purpose is to conserve and enhance the natural beauty, wildlife and cultural heritage of the

Page 30 National Park. The LVIA submitted in support of the scheme goes some way to demonstrate that there will be no long term significant landscape impacts from the proposed development. However, it does conclude that there will be landscape change and visual impact effects in the short to medium term as a result of the proposal through the introduction of built development into the otherwise undeveloped open countryside. I have previously stated my concerns regarding the short term impact of the proposal, specifically in relation to the proposed siting of a number of the cabins in area that is currently clearfelled. Whereas it is acknowledged that future planting is proposed to mitigate future impact, it will be some time before the benefits of this planting will be achieved. I note that NRW in their response to the scoping opinion have expressed similar concerns in relation to the landscape impact and need to limit short-term effects. I therefore request that the Authority undertake their own assessment of the short term and long term impact of the proposal on the special qualities of the National Park as expressed within the landscape. Without independent verification of the 'minor significance of landscape and visual effects of the proposal' set out in the submitted LVIA there can be no certainty that there will be no harm to the NP. As such I reiterate my assertion that - in keeping with TAN 13 (13); Policy 1 and SP1 of the LDP - the development scheme be phased to ensure that those cabins located in areas outside of current forest cover be delayed until such a time as the proposed planting has time to become sufficiently established to provide appropriate screening.

Notwithstanding the above, I note that the proposal requires an element of Managers Accommodation. Planning Policy Wales is very clear that new houses in the open countryside require special justification (9.3.6). PPW enables dwellings which are essential to enable rural enterprise workers to live at or close to their place of work in the absence of nearby accommodation. PPW goes on to advise that all applications for rural enterprise dwellings should be carefully examined to ensure that there is a need for such development (ibid). Ordinarily the NPA would expect such 'demonstration' to be made through the submission of a Rural Enterprise Dwelling Appraisal for the proposed dwellings (as set out in TAN 6 and the accompanying Practice Guidance). I note that this has not been provided, and as such I have concerns that there is very little detail submitted within the application in relation to the Managers Accommodation, especially as the proposal will amount to permanent residential accommodation. Whereas it may not be necessary to undertake full scale RED appraisal (given the level of detail already submitted in relation to the proposed business) Further detail must be supplied in relation to this element, setting out the following:- - Nature of the accommodation eg number of staff living on site during the year. - Why the proposed development requires onsite accommodation at the scale stated. - Terms of occupation, eg. Who qualifies to live on site/ length of tenancy/sole residence of occupiers? - Any other information which could provide justification for onsite manager's accommodation. Without this information demonstrating the essential nature of the accommodation, strategy and policy will object to this element of the proposal.

In addition to the above, I refer you to Policy 12 Light Pollution and the accompanying adopted Supplementary Planning Guidance Obtrusive Light Pollution 2015 I request that the Brecon Beacons Park Society are consulted in relation to the applicants Lighting Management Plan and the impact of the proposal on the International Dark Sky Reserve status.

Recommendation: The proposal meets strategic objective SE5 of the LDP, however would represent a departure from the development plan if it were to progress to approval.

Page 31

It is noted that there are potential short term landscape impacts which require further consideration from a suitably qualified landscape architect.

There is insufficient information at present in relation to the 'Managers Accommodation' element of the proposal. The creation of permanent residential units in relation to the tourism business requires further justification.

I request that strategy and policy are reconsulted on receipt of the above information.

As always if you have any concerns relating to the contents of my observations, or require additional clarification of any point please do not hesitate to get in contact.

NP Tree Consultant 13th Jan 2016 Thank you for consulting me with regards to the above application.

I have reviewed the submitted information and set out my comments below:

1) The applicant has provided both a tree survey report (with arboricultural constraints and method statement) and a Woodland Management Plan. 2) Both reports are very detailed and were prepared by Alan Motion Tree Consulting Ltd, dated November 2015. 3) The tree survey report gives an accurate reflection of what is present on site, and has assessed those trees and groups of trees nearest to the proposed cabins and infrastructure only. 4) Of the 108 trees and groups of trees surveyed, 37 will have to be removed for due to their condition or to facilitate the development proposals. 5) The arboricultural method statement sets out detailed instructions on when and how various operations should proceed prior to and during the construction works. 6) Garwnant Forest is currently managed by Natural Resources Wales and has been affected in various places by the requirement to remove stands of Phytophthora infected Larch. 7) The Woodland Management plan sets out a programme of works for the area for the next 5 years, and states the long term goal of creating a more mixed species woodland with greater diversity of ages present.

I have no objections to the proposals and recommend that you place a condition requiring the applicant to adhere to the Arboricultural Method Statement as set out in the tree report (p9 onwards) and to follow the woodland management plan once development is complete.

Rhondda Cynon Taf CBC Highways 28th Jan 2016 The proposal would have insignificant impact on highway network in RCTCBC and therefore no highway objection is raised or condition suggested.

Page 32 NP Director Of Countryside And Land Management 8th Jun 2016 Hi Ryan, further to my meeting with the Graziers this morning I am e-mailing to make a formal request as owner of the Manor Mawr/ Manor Penderyn commons, that consideration is given to asking the developer to make a contribution to a programme of environmental management works to benefit the common for graziers and walkers alike.

The Graziers view is that the current suite of works (bus stop, support for Sunday bus services, and improvements to the Taff Trail) will benefit visitors and tourists more so than the local farming community and I am sympathetic to their argument.

A programme of rush and bracken control for the common, the development of a controlled burning plan to improve ground cover, and access improvements to the paths linking the development site with the common (better gates and signage/interpretation in relation to dogs on the common) will benefit the local farming community and visitors/walkers alike. At the same time the common is in need of works to restore damage inflicted by 4x4 off-roading.

I would welcome an opportunity to discuss these issues at the meeting next Monday and confirm that I am able to attend as discussed. If acceptable I would propose that any monies made available for the above purposes are held by the NPA's CLM Directorate and that works are undertaken by our wardens team in consultation with the graziers, to an agreed programme, so that we can provide appropriate reporting and evidence in relation to works carried out.

Paul can you have a go at costing out in outline terms what the annual cost of such a programme of works would be in time for Monday's meeting please.

NP Strategy And Policy 12th May 2016 Many thanks for giving me the opportunity to review the additional information.

I can confirm, I no longer have any concerns regarding the nature of the staff accommodation, I trust you will be utilising appropriate ties (such as through Section 106 agreement) to ensure that the accommodation can only be occupied by staff essential to the operation of the tourism accommodation.

I also note the justification in relation to the phasing of the scheme. This appears to be reasonable and again, I no longer have any comments to make in relation to this element.

I also have no further comment to make in relation to the landscape element, as the competent body in relation to this matter is the independent consultant that has been appointed to scrutinise the submitted evidence. I trust you will give their findings due consideration in your determination of the proposal, against the requirements of policy SP1 and Policy 1 of the LDP.

In conclusion, there are no outstanding policy concerns in relation to this proposal.

Welsh Government Transport Department 22nd Feb 2016 Many thanks for your letter of 28th January 2016, which has been considered by the Standards

Page 33 Team at Welsh Government.

Development control works on the trunk road must comply with the requirements in DMRB and in the case of determining the usage of a right turn lane these are set out in mandatory requirement 2.16 of Part 6 TD 42/95. Although we accept that impacts from the proposal will be seasonal and skewed to arrivals and departures, there are close by attractions and tourist destinations such as Bike Park Wales and Pen-y-Fan that would be likely to lead to a significant increased use at the junction both from the south and north.

In this instance where the section is improved and derestricted in the presence of geometrical constraints at this particular junction, it is considered by WG as highway authority, that a right turn lane and an improvement to meet the DMRB would be necessary to maintain standards as well as the safety of the travelling public. The A470 route from Cefn Coed to Storey Arms has a number of accesses that have collision history and the apparent lack of conspicuity of the junction with the trunk road would lead to concerns should an improvement not be implemented. There is a recorded serious collision at the site whereby an overtaking vehicle did not anticipate a right turn into the junction and we would not wish to see a materially increased use without measures to mitigate an increased risk of collisions occurring. In conclusion the site meets the 3 requirements specified in clause 2.16; minor road flows in excess of 500 vehicles, a collision record and vehicles waiting on the major road will inhibit the through flow of traffic on a high speed section of the network.

The holding direction therefore remains in place subject to the provision of further detail for consideration that would indicate the provision of an access design that meets DMRB standards

CONTRIBUTORS Mr Rhydian Davies, Heddsan, YstradDawn Bowden AM, National Assembly For Wales, Cardiff BayJill Bevan, Caerhowell Isaf Farm, PenderynJonathan Townend CMLI, 11 Oaklands Road, BridgendAndrew Williams, 10 Hereford Road, AbergavennyMr Graham Thomas, 10 Greenwood Drive, HrwaunTracey Williams, Caravan Two, Bryncoch FarmDavid Farrell, 22 Adare Street, EvanstownG I Evans, Brynheulog, Vaynor LaneMiss Chloe Owen, 47 Tyntyle Avenue, YstradVikki Howells AM, National Assembly For Wales, Cardiff BaySarah Cheek, New House, Old SchoolAldon Rees, Cil Y Waun, 38 Meadow CloseBarney Curnock, Pant, Merthyr TydfilMr David Gayther, , Alan Girling, , Francine Harris, 8 Crescent Way, Vale Of GlamorganLouise Collis, Attic Studio, 15 Nevill StreetCliff Rees, Pontsarn, Merthyr TydfilMrs Elen Williams, 25 Park Street, BlaenavonMr Lewis Williams, 10 Pool Meadow, Cheslyn HayDerek Vaughan MEP, 4th Floor, Transport HouseChristina Rees MP, 39 Windsor Road, NeathCllr Julie Gledhill, B.Sc., M.B.A., FRGS, 59 Grove Road, MillhousesRobin J Foord, Manor Farm, LlanvapleyTara Rachel Roser, 16 Medway Court, AylesfordJeff Edwards MBE, Glynteg, The GroveCatherine Richards, 2A Seymour Road, ChiswickMrs Nita Williams, 5 Dolgynnog, PenderynDavid Sivell, Coedhir Farm, DolygarMs Kathryn Scruby, The New Inn, YstradfellteMs Christine Chapman AM, Constituency Office, 28A Oxford StreetJ Roberts, 24 Llyswen, PenpedairheolGerald Jones MP, Oldway House, Castle StreetMerthyr Tydfil Angling Association, 13 Alexandra Avenue, Merthyr TydfilJ L Neary, Beck Manor, Tonbridge RoadMr Tim Short, Dragonfly Cruises, Brecon Canal BasinKatie Roberts, 11 Skomer Island Way, CaerphillyPhillip Evans, The Lamb Hotel, 4 Chapel RoadMr James Wilkins, 41 Meadow Street, PontypriddGareth Wardell, 67 Elder Grove, CarmarthenSian Whitelock, The Welsh Whisky Company Ltd, Penderyn DistilleryM J Stephens, Welsh Delights, 2 High StreetMr Glyndwr Richards, 53 Cefn Gelli, CwmgrachSusan Brook, Old Croftau, CantrefGill Morris, 9 Carlton Crescent, Gwain MiskinMr Colin Woodley, Penderyn Commoners Association, Neuadd FarmEirlys Cole, Llanfaes Dairy Ice Cream, BreconAlina O'Connor, Casa, St Mary's StreetJames Davenport, , Huw Davies, , Basil Smith, 13 Heol Y Bryn, Upper TumbleE M Shalton, Talygarn Farmhouse, TalygarnMs Sally Clements, 45 Vale View, NantymoelWales Activity Breaks, Cwrt Y Celyn Farm, Upper BoatMerthyr Tydfil Golf Club, Cilsanws Mountain, Cloth Hall LaneMr Peter Jenkins, 9 Camden Crescent, BreconCllr Louisa Mills, 20 Parkdale

Page 34 View, LlantrisantMel Little, 23 Ash Grove, MelbournMr Julian Grant, 8A Brecon Enterprise Park, BreconMr Richard Marsh, Chief Executive, Orbit Business ParkHopkin Smith, Cwrt Y Celyn Farm, UpperboatMrs N M Seymour, 30 Eden Way, BicesterMrs Jennifer Richards, Nant Oer, 25 Llannon Road

OFFICER’S REPORT

INTRODUCTION

This application seeks consent for the creation of a new holiday cabin site at Garwnant, including 40 no. timber cabins; a central retreat; cycle store; managers accommodation; maintenance area; new tracks; parking and services.

The application is being reported to the Planning Access and Rights of Way Committee as it constitutes a 'major' development and a departure from the Adopted Local Development Plan (December 2013).

SITE DESCRIPTION

The application site is located less than 1 kilometre north of the Garwnant Visitor Centre (via which the site is accessed) and west of the A470 Brecon to Merthyr Tydfil Trunk Road. The development site is approximately 12.3 hectares in area and is bounded to the north, west and east by the Wern Trail and to the south by the long-distance Taff Trail, which runs from Cardiff to Brecon.

The landscape surrounding the development site is characterised by reservoirs and steep sided, dark green forested valleys. Between valleys are areas of upland moorland with long views over reservoirs and surrounding forests.

The site comprises an area of forestry land, which is predominantly a pine and larch plantation. Land within the development site boundary is managed by Natural Resources Wales as commercial woodland for timber, although it is also accessible to the public for recreation.

Part of the development site was recently affected by storms resulting in trees being felled. The proposed development will support the regeneration of these areas and the site as a whole as woodland rather than commercial forestry.

A small stream flows through the centre of the proposed development site with a second stream just north of the site's planning boundary. Both streams flow into the Afon Taf Fawr, which flows north to south in the valley bottom approximately 500m east of the Development site. The Afon Taf Fawr has been modified for potable water supply with numerous reservoirs located along its course.

There are also some areas of Ancient Woodland located to the north and south of the development site and the slopes above the site on either side of the valley are designated Open Access Land.

There are no major settlements within the study area. The closest large settlement is Merthyr Tydfil, which is approximately 6 km to the south of the site. The nearest existing residential

Page 35 properties are isolated dwellings along the A470 some distance from the site, with the derelict Wern Farm immediately south of the development site.

PROPOSAL

The development would comprise 40 holiday cabins of various sizes, a central retreat building, maintenance yard, manager's accommodation, car parking, cycle store and associated infrastructure including a plant to treat foul waste water.

Cabins would be prefabricated timber framed units delivered to the site in flat packs for erection on a pre-constructed cabin floor and foundation. They would be a bespoke timber construction with vertical cladding incorporated to minimise their visual impact. Each cabin would be raised above ground level on steel piles which would minimise any impact on the existing forest floor.

The cabins incorporate water and energy saving technologies and would generate a proportion of the site's energy by carbon reducing methods in respect of the heating and hot water for the cabins.

No material would be taken off site during construction. Any topsoil and other surface material would be incorporated into the landscape design for the tracks, parking and maintenance areas.

Access to the site would be off the A470 using the local road that provides access to the existing Garwnant Visitor Centre. Minor widening works to the local road are proposed which will improve safety. From the public highway existing forest tracks will be used to access the site, within which new tracks and paths to each cabin will be created, to the same Natural Resources Wales design.

Construction vehicles would also access the site via the existing track via the Garwant Visitor Centre from the A470 Brecon to Merthyr Trunk Road. The existing access track from the Garwnant Visitor Centre to the site is wide enough to accommodate construction traffic similar to existing forest logging vehicles.

Associated infrastructure is required to support the cabin development. This will include a new plant to treat wastewater generated onsite as there are no public sewers nearby, and electricity, drinking water and telephone connections.

A Drainage Strategy has been prepared for the proposed development describing how surface water runoff and wastewater will be dealt with on site. Surface water will be managed in accordance with sustainable drainage principles that are in keeping with the forest environment. Rainfall will be allowed to drain naturally from cabins and allowed to soakaway to ground. New tracks and other areas will be semi-permeable where possible or will have infiltration trenches adjacent to them.

The treatment plant for waste water will be located away from cabins on the north-western part of the site. It will be a set underground with a small control module and vent above ground. Treated water will be discharged to ground or when this is not possible to the small stream flowing through the site under consent from Natural Resources Wales.

Page 36 Other services requirements include electricity, water and telephone connections. These will be placed in a single trench to run alongside or underneath the forest tracks minimising the need for new excavations of the ground.

SITE HISTORY

None relevant.

POLICY CONTEXT

On 17th December 2013, the Brecon Beacons National Park Authority adopted its LDP further to confirmation from the independent Planning Inspector that it formed a sound basis for planning within the National Park area for the period up until 2022. As a result, the LDP became the statutory development plan for the area, thereby superseding the adopted Local Plan (May 1999) and the approved Unitary Development Plan (March 2007). Accordingly, this proposal has been considered against the requirements of the following LDP policies:

SP1 National Park Policy Policy 1 Appropriate Development in the National Park SP2 Major Development in the National Park - Strategic Policy SP3 Environmental Protection - Strategic Policy Policy 6 Biodiversity and Development Policy 7 Protected and Important Wild Species Policy 8 Trees and Development Policy 10 Water Quality Policy 11 Sustainable Use of Water Policy 12 Light Pollution Policy 13 Soil Quality Policy 14 Air Quality Policy 22 Areas of Archaeological Evaluation SP 4 Climate Change SP11 Sustainable Design SP9 Renewable Energy CYD LP1 Development in the Countryside Policy 52 Welsh Language SP16 Sustainable Infrastructure Policy 56 Water and Sewage Supply for New Development Policy 58 Sustainable Drainage Systems Policy 59 Impacts of Traffic SP18 Sustainable Use of Land

The proposal has also been considered against the requirements of national planning policy as follows: - Planning Policy Wales (edition 8, January 2016) - TAN 5: Nature Conservation and Planning - TAN 12: Design - TAN 15: Development and Flood Risk

Page 37 MATERIAL CONSIDERATIONS

The main material considerations for a development of this type are: - The principle of the development - The potential impact of the proposal on: o The landscape and visual amenities o Highway safety o Ecology and biodiversity o Heritage

APPRAISAL

The principle of development As referred to above, the application is being reported to the PAROW Committee partly on the basis that it proposes a departure from the adopted LDP.

It should be noted, however, that the LDP follows the direction of PPW and TAN13 in relation to tourism policy. LDP Strategic Objective SE5 sets out that the LDP aims to support a sustainable tourism industry which contributes to the public's enjoyment of the National Park. This position acknowledges both the importance of tourism to the National Park economy and also the significance of the industry in achieving our Second Statutory Purpose to 'Promote Opportunities for the understanding and enjoyment of the special qualities of the National Park by the public.' This dual benefit of tourism is supported through strategic policy SP14 Sustainable Tourism which states the Authority will enable proposals for sustainable tourism development which promote opportunities for the enjoyment and understanding of the National Park., whilst ensuring that the natural beauty, wildlife and cultural heritage is conserved and enhanced. Through this strategic position the LDP seeks to further implement the Authority's Sustainable Tourism Strategy. The document sets out the strategic direction for tourism operators working within and adjacent to the National Park to sustain the industry economically, environmentally and socially.

The LDP sets out that it can contribute to the delivery of the Sustainable Tourism Strategy in the following ways:- - by protecting the environment and the special qualities of the National Park which form basis of the tourism industry; - by supporting proposals for appropriate tourism business development in order that they may continue to make a valuable contribution to local economic and social vitality; - by ensuring through the implementation of Strategy Policy SP1 (National Park Purposes) that proposals for tourism are able to make a positive contribution to the pursuit of the National Park purposes and duty; - by maintaining and improving public access to the National Park; - by ensuring, through the settlement strategy, that the culture and vitality of local communities is preserved; - by enabling the development of a sustainable transport infrastructure.

Detailed policy within the LDP aimed to implement this strategy primarily seeks to underpin the sustainability of tourism development by focusing new permanent development for tourism accommodation to defined settlement boundaries (Policy 45). These are locations which have been assessed to have the best links to transport, services and facilities. This policy position is intended to ensure that the economic benefit generated by tourism use is directly

Page 38 linked to the local community, whilst protecting the countryside from sporadic development. The open countryside location of the development is such that it is contrary to this policy position.

It is noted that there is some discussion within the supporting Planning Statement in relation to the proposal's compliance with policy 46 of the LDP. This policy relates to non-permanent holiday accommodation, however. This policy is primarily intended to control low impact tourism development which is seasonally sited, but removed from the site out of season. Accordingly, due to the permanent nature of the proposed development (in that it is not to be controlled by seasonal occupancy, neither could the cabins be reasonably expected to be removed from site out of season) Policy 46 does not apply.

To be certain that such proposal could be justified in accordance with our secondary purpose we must be satisfied that the proposal is compliant with the Sandford Principle, which states that the enjoyment of the National Park shall be in a manner and by such means as will leave their natural beauty unimpaired for the enjoyment of this and future generations. It asserts the primacy of the first purpose of over the second in cases of irreconcilable conflict.

The National Park Management Plan defines "natural beauty" as "a broad concept that is concerned with landscape and the way this is perceived by people both visually, in terms of aesthetic aspects like colour, form, texture and pattern, and by other senses and also through our perception and preferences, which are affected by people's cultural backgrounds and interests" (after CCW 2006). Our first purpose is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park. The LVIA submitted in support of the scheme goes some way to demonstrate that there will be no long term significant landscape impacts from the proposed development. However, it does conclude that there will be landscape change and visual impact effects in the short to medium term as a result of the proposal through the introduction of built development into the otherwise undeveloped open countryside. This matter will be addressed in more detail later in this report. However, it is considered that the nature of the proposal is such that a departure from the expected policy position could be considered acceptable.

The landscape and visual amenity impacts Following consultation with the Brecon Beacons National Park Authority, it was determined that any planning application submitted for the proposed development should be accompanied by an Environmental Statement (ES). An ES is a document describing the type, nature and extent of potential significant environmental effects and the measures to avoid, minimise and reduce any adverse effects (otherwise known as an Environmental Impact Assessment).

It was agreed with the Authority that the scope of the ES should include a detailed assessment of the potential effects on landscape character and from important or sensitive views of the site. In addition, the Environmental Statement should provide information describing the reasons why no other environmental topics needed to be considered in detail.

In March 2016 Specialist Landscape advisers (White Consultants) were commissioned by the Authority to consider and evaluate the details set out in the ES as well as the potential impact of the proposed development on the protected landscape of the National Park. At this stage, significant concerns were raised and the conclusions of the ES were not agreed. The key issues and concerns were considered by the Authority to be:

Page 39

- The development is out of character with other settlement pattern and lies on upper valley sides with a third in currently cleared land with development appearing on the skyline in some views and clearly visible from the uplands to the east. - Whilst of a complementary character to Garwnant Forest Visitor Centre it is larger, well separated from it and at a higher level on the valley side. - Over a third of the development is in larch plantation which is stated as being progressively removed over the next 5 years (2021). If all the larch needs to be removed within this period this will significantly open up this part of the site to views although the mature pines and woodland to the east will have some filtering and screening effect. This issue needs to be explored in more detail. - The LVIA underestimates the time that planting would take to grow and sufficiently integrate the development and mitigate effects so that the effects are not significant. The growth rates of existing planting around the site indicates that only planting of 15- 20 years old would be likely to adequately integrate the development on these upper valley sides.

In order to fully explore the effects and informed decision-making it was suggested that the following information be provided:

- Reconsideration of the design and location of mitigation especially the grassland glade east of the cabins. - Detailed information on the extent and timing of removal of the Japanese larches on site and 500m to the north and south (e.g. if they all will be removed). - Definition of major - moderate effects in Table 6.5 on significance. - A revised landscape plan using the same boundaries as the masterplan, showing the important trees and also clearly showing annotated contours at 1m intervals so that the relationship between the proposed planting and the topography is clear. - Additional photomontages from the A470 (Photo SW3) and Viewpoint 12. - Improved photos from 6, 7 and 12 and photomontage from LVIA viewpoint 7. - Consideration of effects from the alternative viewpoints in Photos SW3-SW6. - Assessment on the effects of the development on the special qualities of LCA 8. - Reconsideration of the level of effects and visualisations taking on board realistic planting growth rates.

To this end, it was advised that once the additional information is submitted a view can be taken as to the likely landscape and visual effects. Notwithstanding this, iIt is accepted that landscape and visual issues are one factor in the decision making process. It is understood that there are benefits from the operation of the development. These factors, combined with other issues, need to be put into the balance to arrive at a planning decision on the acceptability of the proposed development.

In response to the Authority's assessment of the ES, the applicant instructed AECOM to produce supplementary information which was received in April 2016 and subsequently responded to by the Authority in May and June 2016 and followed up by a meeting on site between the developer, AECOM, Authority Officers and Landscape Consultants on 12 July 2016. At this site visit the locations of the most visible cabins were reviewed and the recent planting and growth rates of trees proposed to mitigate effects were discussed.

Further to the site meeting and the negotiations referred to above, the developer submitted

Page 40 the following information on 1 August 2016:

- A revised Site Masterplan- BRE/02/SMP/B - A revised Landscape Plan- Garwnant/P01 rev PL5 - Revised photomontages at viewpoint SW3-figures SW3 (b) rev 3 and SW3 (c) rev 4. - Clarifications to number of queries

An assessment of this supplementary information is set out below:

Layout The cabins in the open land to the north have been rearranged. Some cabins have been moved and others have been swapped. Cabins 28, 30, 31 and 33 have been moved back from the top edge of the slope between 2 m and 8.5 m approximately. Cabins 27, 29, 32, 36 and 40, which are further back still, have also been rearranged to accommodate these changes. The cabins at locations 34 and 40 have been swapped to place the larger cabin G4B in a more discreet part of the site. Cabins 35, 37, 38 and 39 have not been moved. This means that overall the amount of cabin walls and roofs visible above the skyline from the A470 (from viewpoint SW3) is reduced and generally will be able to be screened more quickly. However, some highly noticeable cabins remain, most notably 37 and 40.

Planting Plan The planting plan has been revised, now showing the location of recently implemented planting apparently more accurately and proposed planting. The planting layout has been revised to place cabins in a glade with proposed standards, feathered whips and occasional 'arboretum' trees. This is an improvement on the previous layout which showed a glade on the upper slopes which would have resulted in limited screening.

The proposed planting mixes for the proposed mixed broadleaf and conifer planting have been changed, now including Eucalyptus, Italian Alder and Sycamore. These species appear to be inappropriate in this location (especially Eucalyptus) and it is suggested that native species are used instead. The proposed specimen arboretum trees now also include Italian Cypress. This distinctive pencil like columnar species is particularly inappropriate in this location and should not be used (an alternative arrangement can be secured via a suitably worded planning condition).

Growth rates The supplementary information provided indicates that the revised growth rate of 50cm per year the first five years and 60cm per year between years 5 and 10 appears reasonable (except for Western Red Cedar). The assumption that the recently planted plants will be 1.6m high on completion of construction is however, optimistic. Therefore the resulting heights of 4.1m at year 5 and 7.1m at Year 10 are also optimistic (although different from the LVIA assumptions of growth rates of 3m by Year 5 and 8-9m by Year 10). It would be expected that the majority of trees would probably be 0.5m less in height. Overall, this means the photomontages at Viewpoint SW3 are slightly optimistic as to the level of screening by existing planting at Years 0, 5 and 10. The expected heights for the proposed planting of 3m at year 5 and 6m at year 10 appear fair.

Cabin Heights The supplementary information provided deals with the expected cabin heights and most cabins are now located on roughly level ground or are parallel to the slope so there may not

Page 41 be large variations in height relative to ground level. The cabin heights shown in the photomontages appear to be reasonable.

Summary and consideration of expected effects The provision of a revised layout, planting plan and additional information is generally welcomed and is sufficient to evaluate the effects of the proposed development.

Whilst a number of cabins have been moved back from the top of the slope reducing the level of visibility from the valley floor, they will be just as visible from higher ground. The reduced expected planting height of 7m at Year 10 compared to 8m to 9m will mean that the screening of the cabins will be slower to achieve than suggested by the LVIA. Nevertheless, there will be a reduced effect on users of the A470 (represented by Viewpoint SW3) which would be likely to become not significant between Year 5 and 10 due to the revised layout and planting. In addition, the revised planting proposals would be likely to mean that from elevated viewpoints to the east, including 5, 6 and 7, that the effects would be likely to become not significant between 15-20 years rather than 20 years as initially stated in the Authority's assessment dated March 2016.

In conclusion, it is acknowledged by both the Authority and the applicant that there will be a temporary landscape impact. However, it is reasonable to suggest that the severity and duration of this perceived impact has been reduced as a result of extensive negotiations and the subsequent provision of amended plans and supplementary information. On balance, therefore, it is considered that the landscape impact of the proposals is tolerable and would not therefore undermine the assessment of the principle of development set out above, nor indeed the Sandford Principle upon which it is based.

Highway safety impacts Access to the site would be off the A470 using the local road that provides access to the existing Garwnant Visitor Centre. Minor widening works to the local road are proposed which will improve safety. From the public highway existing forest tracks will be used to access the site, within which new tracks and paths to each cabin will be created, to the same Natural Resources Wales design.

Construction vehicles would also access the site via the existing track via the Garwant Visitor Centre from the A470 Brecon to Merthyr Trunk Road. The existing access track from the Garwnant Visitor Centre to the site is wide enough to accommodate construction traffic similar to existing forest logging vehicles.

During construction a Traffic Management System would be set up to control the movement of vehicles around the site, with the aim of minimising vehicle movements and therefore disturbance. All routes would be coordinated with existing tracks and new track construction. In particular, to prevent the spread of mud on public roads, a lorry wheel cleaning facility would also be provided.

The application is also supported by a Transport Statement (Banners Gate Highways and Transportation, July 2016).

Surveys have been completed of existing holiday destinations operated by Forest Holidays. The proposals for cabins may generate approximately 100-160 trips (two way) per day (7am to 7pm). This figure compares with flows of 400-500 vehicles per day using Bridge Road which

Page 42 connects the site and the A470 Trunk Road. Flows on the August Bank Holiday 2011 increased to approximately 880 vehicles.

Data on accident statistics reveal that two injury incidents have occurred at the A470 junction serving the Garwnant Visitor Centre in the last five years. Neither of these incidents involved a shunt accident southbound on the A470. There are no safety concerns at the junction and investment to provide a right turning lane is not justified. Excellent visibility is available from the minor road towards oncoming trunk road traffic and generous visibility is available to and through the junction.

An assessment using PICADY has demonstrated that a modest amount of additional traffic, spread across the day, would not have a material effect on congestion

It is recommended in the Transport Statement that the access road from the A470 towards the visitor centre is widened. The existing width of 4.5-4.6 metres would be widened to 6 metres with improvements, using 15m metre radii, at the A470 junction. This widening will enhance safety for road users in the knowledge of expected traffic growth to the visitor centre and traffic to the holiday cabins.

Bus services are available on the A470 throughout the year. Additional bus services, direct to the Garwnant Visitor Centre, are provided during the holiday season. Furthermore, a shop would stock all food and drinks that may be typically used by holiday makers therefore obviating the need to complete short car trips to local shops elsewhere.

It is argued in the Transport Statement that traffic from the new cabins, with planned improvements, would not adversely affect the operation of the highway network in the vicinity of the site. Therefore, it is concluded that there are no sustainable highway reasons why planning permission should be withheld for the proposed cabins at Garwnant Forest, Brecon Beacons.

Given the nature and location of the proposals, the constituent Highways Authorities and the Welsh Government Transport Sections have been consulted for their views on the proposals. No objections have been received from these stakeholders, although a direction has been issued by the Welsh Government requiring the highway improvement works to be completed to the written satisfaction of the Local Planning Authority (via a suitably worded planning condition). These works would be secured via a tri-partite Section 278 agreement between Merthyr Tydfil County Borough Council, the Welsh Government and the developer and will need to be in place prior to the commencement of works on-site.

To this end, it is considered that the proposed development would not have a material adverse impact in terms of highway safety and is, therefore, considered to be acceptable in this regard.

Ecology and biodiversity impacts There are no nature conservation designations on site, with the nearest site one of national importance being approximately 1 km away. The site does however, have a number of important habitat types supporting reptiles, breeding birds, bats, invertebrates and notable lichen and bryophyte species. Accordingly, the Authority's Planning Ecologist has been consulted on the application and her comments are provided above.

Page 43 In summary, the National Park's Ecologist does not object to the proposal subject to the imposition of conditions relating to the following:

- Appointment of an Ecological Clerk of Works to supervise and ensure implementation of: o Ecological Procedural Method Statement o Habitat Management Plan o Nightjar Management Plan o Section 5 of the Ecology Planning Report - Implementation of recommendations of reports - Provision of biodiversity enhancement measures - Submission of results of habitat monitoring surveys

NRW were also consulted on the application and noted in their response that no likely adverse impacts on European Protected Species or their associated habitats would result from the proposal. Accordingly, NRW advise adherence to the recommendations outlined in the Environmental Statement and welcome the intention to undertake transect surveys in the two years following the construction works.

To this end, it is considered that the proposed development is acceptable in ecological and biodiversity terms and accords with policies SP1, 1, SP2, SP3, 6 and 7 of the adopted LDP.

Drainage A Drainage Strategy has been prepared for the proposed development describing how surface water runoff and wastewater will be dealt with on site. Surface water will be managed in accordance with sustainable drainage principles that are in keeping with the forest environment. Rainfall will be allowed to drain naturally from cabins and allowed to soakaway to ground. New tracks and other areas will be semi-permeable where possible or will have infiltration trenches adjacent to them.

The treatment plant for waste water will be located away from cabins on the north-western part of the site. It will be a set underground with a small control module and vent above ground. Treated water will be discharged to ground or when this is not possible to the small stream flowing through the site under consent from Natural Resources Wales.

NRW were consulted on the application and they commented that the proposed means of foul and surface water drainage are acceptable. They conclude that the proposed development will be acceptable provided the details of the foul water scheme can be agreed by condition. The applicant should also be aware that they will require an Environmental Permit from NRW to discharge treated sewage.

Accordingly, it is considered that the proposed development is acceptable from a drainage perspective.

Flood risk It is considered that the proposed development would not be at an unacceptable risk of flooding.

NRW were consulted on the application and they commented that the main access to the proposed development is via the existing Visitor Centre. This access is partially located within

Page 44 Zone C2, as defined by the Development Advice Map (DAM) referred to in Technical Advice Note 15: Development and Flood Risk (TAN15) (July 2004). NRW's Flood Map information, which is updated on a quarterly basis, confirms the existing access to be partially within the 1% (1 in 100 year) and 0.1% (1 in 1000 year) annual probability fluvial flood outlines. However, they note there is an alternative emergency access to the site that is not at risk of flooding.

The proposed built development is located with Zone A which is considered to be at little or no risk of fluvial or tidal/coastal flooding.

To this end, NRW had no adverse comments to make and, accordingly, the proposal is considered to be acceptable from a flood risk perspective.

Heritage impacts A number of heritage assets are present on the development site and in the study area. The only designated site is a Grade II listed Milestone to the southeast of the development site boundary along the A470, which will not be affected by the development. On the site local un-designated heritage assets include the remains of three former farmsteads including earthwork features, field boundaries, a possible enclosure and a possible former dam.

The National Park's Heritage Officer (Archaeology) was consulted on the application and concluded that the potential archaeological impact of the proposed development will lie with the ground works that need to be undertaken, both in the construction of the cabins themselves and the supporting infrastructure such as roads, drainage and services. The plans submitted indicate that the cabins have been located away from the location of know archaeological remains, such as the filed system, and away from the potential sheepfold/building foundation. Furthermore, the proposed method of construction for the cabins indicates that they will have minimal impact both in terms of below ground impact and their potential compression effect. The fact that the area has been previously subject to forestry plantation also further reduces the archaeological potential and the likelihood of significant impacts.

Therefore, the main archaeological of impact of the proposed development will be the ground works associated with the construction of the new roads, drainage and other service channels where it has a direct physical impact upon sections of the field systems that the road, drainage channels and other services have to cross, and these impacts need to be appropriately mitigated. The Heritage Officer welcomes that the Construction Management Plan already recognises these impacts and the need for appropriate archaeological mitigation and recording, through the agreement of the Written Scheme of Investigation with the Authority. It is also welcomed that the scheme has been designed to allow the majority of the field system, and therefore its significance, to be retained.

There is also the potential impact of the scheme on the five circular mounds that were identified as a possible feature from the LiDAR data but could not be identified as above ground features during the walk over surveys. These mounds appear from the plans to fall close to the area of Unit 39, and the associated road, parking areas, turning circle etc. and if these mounds are of archaeological origin the ground works associated with the development will inevitably impact upon them. These potential archaeological impacts will need to be appropriately mitigated.

Finally, the impact of the proposed development on the setting of the adjacent historic

Page 45 farmstead remains needs to be considered. The development could have a negative impact on these remains, both to their setting and perhaps through increased traffic and footfall. However, the setting of the remains is already at least partially compromised by the previous and existing forestry planting, roads etc. as intrusions in the historic landscape and by removing the visual links between the historic farmsteads and their field systems. The new landscaping and planting associated with the proposed development will screen the development from the historic farmstead remains to some extent, and it is welcomed that the proposed enhancement through the provision of guest information and discrete onsite interpretation boards to identify features and the interest of the area, as this could go some way to put the surviving historic farmsteads and their surviving field systems into context and relate them to each other.

Accordingly, a programme of archaeological works is required, including the recording of the existing field systems prior to the development, and watching brief during work to identify, investigate and record any features of archaeological interest discovered during the ground works, within the areas that impact upon the field systems remains and the area of the potential remains of the five circular mounds, in order to mitigate the impact of the works on the archaeological resource. This can be secured by a suitably worded planning condition.

Planning Obligations All new forms of development will have an impact on the community and the environment. The policies of this LDP aim to limit negative impacts to ensure the environment and the National Park's communities are ensured of vital futures. In some cases however there may be a need to specific mitigatory and enhancement measures to compensate for any unacceptable impact arising from development. In such cases, where Planning Conditions are inappropriate, the Authority will utilise Planning Obligations to ensure that future development is acceptable and provides positive benefit.

As part of this application, the applicant has proposed the following obligations as part of this scheme:

- Taff Trail Improvements - Garwnant to Gethin - Works estimates at £61,600 - £62,300 with an additional £5,000 per year over 10 years for maintenance, - A470 / Bridge Road improvements - £85,000 (including signage) with an additional £2,000 per year maintenance of the visibility splay, - Brecon Bus Contribution - £3,000 per year over 10 years (to be redirected to an agreed fund / ecological enhancement if the Brecon Bus ceases activity), - Manor Penderyn Common - Controlled Burning £5,000 per year for 10 years, Wildlife surveying and monitoring - £7,600 (subject to agreement of fees).

The 'heads of terms' set out above have been agreed in principle by Officers as a result of negotiations between the applicant, the Authority, the Welsh Government and Merthyr Tydfil County Borough Council.

In terms of the contributions toward the improvements to the Penderyn Common, having discussed the detail with the NRW and Forest Holidays the applicant has proposed contributions towards controlled burning which would readily align with their proposals for ecological enhancement of their site for nightjar habitat improvement. At this time, further contribution towards signage and a special event (as suggested by the Penderyn Commonors Association) would be over and above that which the applicant considers reasonable and they

Page 46 feel that the £57,000 they are proposing to commit to is a considerable sum which will realise significant community benefit whilst assisting the Commoners.

The finer detail of the proposed obligations have not yet been finalised. They will, however, form part of a Section 106 Agreement between the applicant and relevant parties that will have to be signed prior to the issuing of the decision notice.

RECOMMENDATION On balance, it is considered that the application proposal is acceptable in planning terms. It is therefore recommended that the application be approved subject to the conditions set out below and a Section 106 Agreement securing the obligations set out in the report.

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. BRE/02/LP/B (NP1v1), BRE/02/MPC/B (NP2v2), BRE/02/SMP/B (NP3v2), BRE/02/WCP/A (NP4v1), BRE/02/PCP/B (NP5v2), PL(00)200 Rev C (NP6v1), PL(00)201 Rev C (NP7v1), PL(00)202 Rev B (NP8v1), BRE/02/MB/A (NP9v1), BRE/01/CS/A (NP10v1), S12075 (NP11v1), PL(00)400 (NP12v1), QD13324 (NP13v1), PL(00)003 (NP14v1), PL(00)004 (NP15v1), PL(00)019 (NP16v1), PL(00)033 (NP17v1), PL(00)040 (NP18v1), PL(00)090 (NP19v1), PL(00)095 (NP20v1), BRE/02/SLP/B (NP21v1), BRE/02/SEP/C (NP22v1), 5162-02-Rev J (NP23v1), 5162-01- Rev K (NP24v1), and Garwnant/P01 Rev PL6 (NP25v1)), unless otherwise agreed in writing by the Local Planning Authority. 4 No development shall take place within the application area until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a brief issued by the local planning authority and a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority. The archaeological work will be undertaken by a suitably qualified archaeological contractor to the standards laid down by the Chartered Institute for Archaeologists. On completion of the field work and any post-excavation analysis required, a copy of the final report shall be submitted to the Local Planning Authority for approval; and following approval to the Royal Commission on the Ancient and Historical Monuments of Wales for inclusion in the National Monument Record, and to Glamorgan Gwent Archaeological Trust for inclusion in the Regional Historic Environment Record (HER). 5 The development hereby permitted shall not be commenced until such time as a scheme to dispose of foul and surface water has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved. 6 No development shall commence until the details of the appointment of an appropriately competent Ecological Clerk of Works have been submitted to and approved in writing by the Local Planning Authority. The appointed person shall supervise and ensure the implementation of the activities as outlined in the following documents: o Ecological Procedural Method Statement

Page 47 o Habitat Management Plan (Version 5 dated September 2016) o Nightjar Management Plan o Section 5 of the Ecology Planning Report (Revision 6 dated 20th September 2016) 7 The Ecological Procedural Method Statement dated November 2015 shall be implemented in full prior to and during the construction phase of the development. The Local Planning Authority shall be notified in writing that the "mitigation & enhancement measures" have been installed appropriately prior to first beneficial use of the development. 8 The recommendations and actions in section 2 of the Nightjar Management Plan APEM Ref: 414504 by Dr Roger Buisson, APEM dated November 2015 shall be implemented in full during the construction and subsequent operation of the development. 9 The Habitat Management Plan and Woodland Management Plan shall be implemented in full. Any changes to the Plans as a result of monitoring surveys shall be notified to and agreed in writing with the Local Planning Authority. 10 Site clearance and construction measures shall be carried out in full accordance with the Construction Management Plan. No development works shall commence until the Construction Exclusion Zones have been defined and demarcated as described in the Construction Management Plan and the Habitat Management Plan (Version 5 dated September 2016) and the Local Planning Authority notified in writing. 11 Prior to the commencement of the development, a summary report and A3 plan of biodiversity enhancement measures to be installed and an appropriate timetable for delivery shall be submitted to the Local Planning Authority for written approval. The measures shall be implemented as approved. 12 The results of the monitoring surveys as outlined in the Habitat Management Plan (Version 5 dated September 2016) shall be submitted to the Local Planning Authority and the Biodiversity Service for Powys and the Brecon Beacons National Park by December 31st of the year that they are undertaken in. 13 The Lighting Scheme as described in the Lighting Management Strategy and associated drawing shall be implemented as approved. No additional lighting shall be installed unless a revised Lighting Strategy is submitted to and approved in writing by the Local Planning Authority. 14 Notwithstanding the details hereby approved, an alternative planting scheme shall be submitted to and approved in writing by the local planning authority prior to the commencement of development. The alternative planting scheme shall illustrate proposed species that are native to the Brecon Beacons National Park and shall omit Eucalyptus, Italian Alder, Italian Cypress and Sycamore. Thereafter, the development shall be implemented in accordance with the approved details. 15 The Landscaping Plan (taking account of details approved under Condition 13 above) shall be implemented in full. Prior to the commencement of the development, a timetable for the implementation of the Landscaping Plan shall be submitted to the Local Planning Authority. Any trees or shrubs that fail within the first five years of planting shall be replaced on a like-for-like basis. 16 The proposed junction improvement with the A470 trunk road as detailed in the Bannersgate drawing no. P780/211 and P780/201 and revised on 29/7/2016 in the supporting Transport Statement, shall be completed to the written satisfaction of the Planning Authority prior to beneficial use of the proposed development. 17 The buildings (plots 1 to 40 as illustrated on drawing number BRE/02/SMP/B (NP3v2)) which are the subject of this application shall be used for holiday accommodation only and for no other purpose including any other purpose within Class C (including a person's sole or main place of residence) of the Schedule of the Town and Country

Page 48 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. 18 The owners/operators of the development hereby approved shall maintain an up to date register of the names of all occupiers of individual units of accommodation on the site and of their main home addresses and shall make this information available at all reasonable times to the Local Planning Authority. 19 The occupation of the 'General Manager's' and 'Manager's' accommodation (as illustrated on drawing number BRE/02/SMP/B (NP3v2)) shall be limited to a person(s) solely employed in the operation of the holiday cabin site hereby approved. 20 No development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 4 In the interest of retaining and recording features of archaeological significance. 5 In the interest of protecting ecological and biodiversity features and the integrity of the water environment. 6 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 7 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 8 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 9 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 10 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 11 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP

Page 49 and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 12 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 13 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 14 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 15 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 16 In the interest of highway safety. 17 The National Park Authority is not prepared to allow the introduction of a separate unit of residential accommodation in this rural location. 18 The National Park Authority is not prepared to allow the introduction of a separate unit of residential accommodation in this rural location. 19 The National Park Authority is not prepared to allow the introduction of a separate unit of residential accommodation in this rural location. 20 To ensure that the materials harmonise with the surroundings.

Informative Notes:

1 Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000 2 It is strongly advised that thorough site assessments are undertaken in relation to other constraints on and around the site which are not planning related but that you will need to consider and contact the responsible Authority or provider. These may include the location of utility infrastructure such as main sewers crossing the site, electricity lines, telephone lines, water pipelines (this list is not exhaustive). 3 The development to which this permission relates is the subject of an agreement under, inter alia, Section 106 of the Town and Country Planning Act 1990. This permission should be read in conjunction with that agreement. 4 In association with condition 16, the technical detail required shall include;

Page 50 - Compliance with current design standards (DMRB to include HD22 certification, TD19 etc) and Policies (or approved relaxations/departures from standards). - Commission of independent Road Safety Audit carried out in accordance with HD 19/15 of the DMRB. - Full design and construction drawings including that for junction warning signs, to accompany the required agreement between the developer and the Welsh Ministers under section 278 of the Highways Act 1980. 5 No drainage from the development site shall be connected to or allowed to discharge into the trunk road drainage system, and the proposed junction shall be constructed such that the access road does not drain onto the trunk road. 6 The applicant should be advised that they will be required to enter into an Agreement with the Welsh Ministers under Section 278 of the Highways Act 1980 / Section 23 of the New Roads and Street Works Act 1991 to enable the Applicant to undertake agreed improvement works on the trunk road. This Agreement will contain details of the improvement works, construction conditions and financial arrangements under which agreed measures can be put in place, including indemnifying the Welsh Ministers against third party claims. Without such an Page 17 agreement in place, any consent that may be granted by the Planning Authority cannot be implemented. 7 The Applicant shall commission and pay for a Safety Audit of the scheme, in accordance with the Design Manual for Roads and Bridges HD 19/15. The Applicant shall agree the required measures with the Welsh Government before works commence on site and will be responsible for meeting all costs associated with these works. 8 The Applicant shall agree with the SVVTRA a system of temporary road signing in accordance with Chapter 8 of the Traffic Signs Manual and the Safety at Streetworks and Roadworks Code of Practice.

Page 51 This page is intentionally left blank ENC6Item 2

ITEM NUMBER: 2

APPLICATION NUMBER: 16/13392/FUL APPLICANTS NAME(S): Mr Charles Weston SITE ADDRESS: Gilestone Farm Talybont-On-Usk Brecon LD3 7JE GRID REF: E: 311793 N:223349 COMMUNITY: Talybont-on-Usk DATE VALIDATED: 28 September 2016 DECISION DUE DATE: 23 November 2016 CASE OFFICER: Donna Bowhay

PROPOSAL Change of use of agricultural land and buildings to various commercial uses within use class B1 and D1, with minor alterations to curtilage listed building (former stables) (retrospective)

ADDRESS Gilestone Farm, Talybont-On-Usk, Brecon

Page 53

CONSULTATIONS/COMMENTS

Natural Resources Wales/Cyfoeth Naturiol Cymru 15th Jul 2016 Thank you for consulting Natural Resources Wales (NRW) regarding the above planning application on 30 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 and the following conditions are imposed on any planning permission subsequently granted. If these requirements are not met and/or conditions are not imposed, then we would be likely to object to this application because the proposal is likely to have an unacceptable effect on the environment.

Summary of requirements and conditions Requirement 1: In deciding whether the applicant should undertake remedial works the advice from your Authority's Ecologist should be sought regarding the presence of European Protected Species (bats). Condition 1: Foul drainage: A scheme to dispose of foul water.

Please note that the list of condition(s) above should not be considered to be exhaustive; if further information is provided to satisfy the requirements, it may then be necessary to request further conditions to avoid and/or mitigate other environmental effects. Further details in relation to each requirement and condition is given below. We also provide our advice in regard to flood risk, a material planning consideration.

Requirement 1: European Protected Species We refer you to the Preliminary Bat Assessment prepared by Ecology Planning (Ref: 1441/1a; dated 23 June 2016), which provides evidence that unidentified species of bats are roosting in the buildings. Lesser horseshoe bats are known to roost nearby and fly around the site of the proposal- as the report does not identify species of bat present we cannot discount the possibility that lesser horseshoes are using the buildings for night roosts.

Bats, along with their breeding sites and resting places, are protected under the Conservation of Habitats and Species Regulations 2010 (as amended). Where bats are present and a development proposal is likely to contravene the legal protection they are afforded, the development may only proceed under licence issued by NRW, having satisfied the three requirements set out in the legislation. A licence may only be authorised if: i. The development works to be authorised are for the purpose of preserving public health or safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment; ii. There is no satisfactory alternative; and, iii. The action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in its natural range. We refer you to advice given in paragraph 6.3.7 of Technical Advice Note 5: Nature Conservation and Planning (TAN5), which explains that your Authority should not grant planning permission without having satisfied itself that the proposed development either would not impact adversely on any bats on the site or that, in its opinion, all three conditions for the eventual grant of a licence are likely to be

Page 54 satisfied.

Given the submitted report, retrospective nature of development, and suitability of the site for use by bats post development, we do not consider the development is likely to be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in its natural range. However, should your Authority require remedial works to be carried out we recommend that you discuss this matter with your Authority's ecologist to ensure those works do not impact upon the bats roosting in the buildings. Please note that lesser horseshoe bats are known to be present in the area and would require particular forms of mitigation if found to be roosting in the buildings- bat boxes are not appropriate as mitigation for this species. Condition 1: Foul Drainage: A scheme to control the disposal of foul water It is recognised that before deciding a planning application, the Local Planning Authority needs to be satisfied that the foul drainage arrangements are suitable. We refer you to the hierarchical approach to foul drainage and requirements for nonmains drainage assessment described in Planning Policy Wales (PPW) and Welsh Office Circular 10/99 (Planning Requirement in respect of the Use of non- Mains Sewerage incorporating Septic Tanks in New Development). We refer you to the applicant's application form, 'Use of Non-Mains Sewerage Arrangements' form and the further information submitted to us by email on 5th July 2016. The applicant proposes to discharge foul water into an existing septic tank and soakaway system.

It is not clear from the information submitted if the existing septic tank has sufficient capacity for use at this site and without having an adverse effect on the environment. We would recommend that your Authority obtain further information from the applicant in order to confirm that the system is suitable in dealing with any additional foul flows. We refer the applicant to British Water's Code of Practice entitled 'Flows and Loads 4: Sizing Criteria, Treatment Capacity for Sewage Treatment Systems.' The applicant should be asked to base their calculations on this guidance, with the number of people present on site being the maximum number of people who could use the buildings at any one time rather than the number of people currently using the site.

Further, the applicant should ensure that any additional foul flows as a result of the development can be accommodated by the existing system and have no adverse effect on surface water and ground water. The applicant should consider any additional treatment. The treatment plant must be maintained in accordance with British Standard 6297 and Approved Document H of the Building Regulations 2000 and the applicant should confirm that this is the case.

Should your Authority be minded to approve the application without this information then we recommend that the following condition is included in the permission Condition: No development shall commence until details of a scheme for the disposal of foul waters has been submitted to and agreed in writing by the local planning Authority. The scheme shall be implemented in accordance with the approved details and retained in perpetuity.

Reason: To ensure that a suitable foul water drainage system is in place.

NRW Regulatory Remit for Foul Water Discharges (Requirements for an Exemption or Environmental Permit) The applicant must ensure that they acquire all other consents, licence or permits required under other legislation. The applicant should be made aware that where a property has a septic tank or package sewage treatment plant, it is a legal requirement for the discharge to be registered with NRW. Subject to certain criteria being satisfied, the applicant may be able to register for an exemption. However, if this criteria is not met then an

Page 55 Environmental Permit should be obtained from us.

Further information is available online at: https://naturalresources.wales/apply-for-apermit/ environmental-permitting-regulations-guidance/epr-guidance/?lang=en. Details of the discharge volumes and plant design will also be required as part of the Permit application process. More information regarding the application process can be found on the following link: http://naturalresourceswales.gov.uk/apply-and-buy/water-licencesdischarges/discharges-to- surface-water-and-groundwater/?lang=en

Should the applicant require further advice on this matter they should call us on tel. 0300 065 3000 and ask for the Usk Natural Resources Management team.

Flood Risk Management We can confirm that the application site is located within Zone C2 of the Development Advice Map (DAM) contained in Technical Advice Note 15 Development and Flood Risk (July 2004) (TAN15). Our Flood Map information, which is updated on a quarterly basis, confirms the site to be at risk from the 0.1% (1in 1000 year) and 1% (1 in 100 year) annual probability fluvial flood outline of the River Usk. We would refer you to the advice given in Section 6 of TAN15, which requires your Authority to determine whether the development at this location is justified. We refer your Authority to the justification tests set out in section 6.2. We also refer you to advice given in 11.20 Change of Use and 11.21 Public open space, recreation and agriculture As described in the Design and Access Statement, this application seeks planning approval for the retention of development retrospectively. Proposals include a change of use from agriculture barns and stables into commercial and agriculture development (Areas 4, 5, 6 and 7). The land use in Area 3 will be retained for the storage of builder materials and equipment. We would agree that the operational development would fall within the less vulnerable development category set out in Figure 2 of TAN15. In considering a change in the vulnerability of development, there appears to be no change, that is, conversion from less vulnerable development to less vulnerable development.

We refer you to the Flood Consequence Statement submitted 19 May 2016 (ref. 4144) prepared by Barry Tomlinson Architectural Services Ltd, which concludes that the development is justified and acceptable in terms of flood consequences. It is our view that given the nature and scale of the proposed development (and in the absence of a formal flood consequence assessment) we consider the risk could be acceptable subject to the developer being made aware of the potential flood risks. In areas at risk of flooding, we also recommend that consideration be given to the management of risk through the incorporation of flood resistance/resilience measures into the design and construction of the development. These could include flood barriers on ground floor doors, windows and access points, implementation of suitable flood proofing measures to the internal fabric of the ground floor, and locating electrical sockets/components at a higher level above possible flood levels.

Matters outside of NRW Remit (Evacuation and Structural Damage) While the planning submission does not appear to include an assessment against criteria contained in Table A1.15 of TAN15, we would refer you to Sections 2.4, 2.5 and 2.6 of the Flood Consequence Statement where comments about emergency flood plans, safe access egress, potential; damage to buildings and contents are provided. It is for your Authority to determine whether the risks and consequences of flooding can be managed in accordance with TAN15, we would recommend you consult other professional advisors on the acceptability of proposals and

Page 56 on matters we cannot advise on, such as, emergency plans, procedures and measures to address structural damage that may result from flooding.

Please note, we do not normally comment on or approve the adequacy of flood emergency response and procedures accompanying development proposals, as we do not carry out these roles during a flood. Our involvement during a flood emergency would be limited to delivering flood warnings to occupants/users.

Guidance and Information We would refer you and the applicant to the following guidance and information; Environment Agency leaflet 'Prepare your Property for flooding,' can be found here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/45162 2/LIT_4284.pdf

Guidance to property owners on how they can improve the flood resistance of their properties can be found in the ODPM publication 'Preparing for Floods: Interim Guidance for Improving the Flood Resistance of Domestic and Small Business Properties', available from gov.uk website; https://www.gov.uk/government/publications/improving-the-flood-resistance-ofdomestic-and- small-business-properties-interim-guidance

The Association of British Insurers (ABI) has published a paper, 'Climate Adaptation: Guidance on Insurance Issues for New Developments', which provides guidance to help householders ensure their properties are as flood proof as possible and insurable. The guidance can be found online at: http://www.abi.org.uk Please be aware that "Flood Resistance" measures i.e. prevention of floodwaters entering a building, are only recommended in situations where the flood depths do not exceed 600mm. Matters within NRW Remit 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 at the following link: https://naturalresources.wales/planning-and-development/planning-anddevelopment/?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.

We trust our representation is of assistance. However, if you have do have any queries then please contact us.

NP Senior Heritage Officer (Building Conservation) 13th Jul 2016 National Policy Framework Planning Policy Wales (Edition 8: Jan 2016): Paragraph 6.5.9 recognises the importance of protecting the historic environment and states that: "Where a development proposal affects a Listed Building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving

Page 57 the building, or its setting, or any features of special architectural or historic interest which it possesses" The adopted LDP states that: Policy 15 Listed Buildings All listed building consent application will be determined in accordance with National Policy as set out in Circular 61/96. Proposals for planning permission which impact on a listed building or its curtilage including the alteration, extension or change of use, whether internally or externally, will only be supported where it can be shown that there will be no significant harm to the special historic or architectural character and setting of the building or historic features.

1.Conversion / Alteration / Extension / Change of Use of a listed building The conversion, alteration, extension or change of use of a listed building will only be permitted where the following criteria are satisfied: a) The proposal conserves the contribution made by the building to the character of the National Park. b) The materials and finishes used in the building works are compatible in all respects with those of the existing structure. c) The proposal conforms with all other relevant policies of this plan and national guidance d) The development would not have a detrimental effect on the setting of a listed or traditional building. Considerations This old stable building lies close to the listed building of Gilestone Farmhouse. The building was in some disrepair and had obviously fallen into disuse. The works had been carried out prior to the application however the heritage statement has clear photographs of the building prior to the work being carried out. The works carried out have been done so in a sympathetic manner and extensive repairs have been carried out to allow for this building to be brought back into beneficial use. Conclusion That from a built heritage the works have assisted to bring back a building that would have been lost in the long term and therefore a recommendation of approval can be provided.

NP Strategy And Policy 21st Jul 2016 The development plan for the area is the Brecon Beacons National Park Local Development Plan 2007-2022 (hereafter LDP) which was adopted by resolution of the National Park Authority on the 17th December 2013.

My observations relate to the proposals compliance with the strategy and policy of the LDP.

Proposal The proposal seeks retrospective planning permission for a change of use of a range of agricultural buildings to commercial uses. The permission also seeks to regularise the change of use of an area of agricultural land to B8 use.

LDP Policy Context The proposal is located in an area of countryside as defined by the LDP proposals map. The LDP sets out that development in countryside locations is less sustainable and more

Page 58 environmentally challenging than is considered acceptable. As such it is the vision of the LDP to increase the viability and diversity of rural practice. As such the loss of buildings from economic generating activity to non-economic generating activity is not supported by the LDP. This strategy position is implemented through policy CYD LP1 criterion 1(b) which states:- outside of defined settlements within the LDP the following forms of development will be permitted subject to all other relevant LDP Policies :- (1) Proposals that capitalise on improving the existing building stock and/or utilises previously developed land and/or re-uses redundant buildings, including (b) Proposals to re-instate redundant buildings to the following beneficial uses (i) Commercial, Sport, Tourism or Recreation use OR (ii) Affordable housing to serve an identified need or (iii) The proposal will provide a Rural Enterprise Dwelling to serve an evidenced essential need.

Accordingly the principle of the change of use of the barns to B uses is acceptable in accordance with our strategy direction. The D1 use is acceptable if it could be controlled by condition to ensure that its use is only ancillary to the functioning of the B uses and the farm business.

The area that is causing me some concern however, is the area of open storage referred to as 'Area 3.' There is no policy position that could enable the change of use of agricultural land to B8 use. This is fundamentally contrary to the provisions of the LDP. I note that the applicants' Design and Access statement that there is some argument that the land is previously developed. It is my understanding the permission that enabled the storage of caravans on this site previously was revoked and the previous owners instructed to return the land to agricultural use and as such it is my opinion that the lawful use of the land is agricultural. I also note that the applicant's DAS makes reference to the scheme being farm diversification. Whereas the LDP takes a positive approach to such development, it does require that any such diversification will be of intensity of use appropriate to the environment and setting within the National Park. I am not satisfied that the uses within Area 3 meet this requirement. Moreover there is no detail provided within the application, how this development supports the viability of the farming enterprise, and will be managed into the future. Accordingly, I have no option but to object to this element.

Recommendation: Strategy and policy have no objection to the change of use of the former barns for commercial use (and supporting uses). I do however object to the change of use of 'Area 3' from agricultural land to B8 as contrary to the provisions of CYD LP1 and Policy 38.

As always if you have any concerns relating to the contents of my observations, or require additional clarification of any point please do not hesitate to get in contact.

NP Strategy And Policy 21st Oct 2016 I understand that this application has been restarted due to amendments to the red line. I believe that this change in no way alters the principle of the development, accordingly all comments I have previously provided in relation to this application still stand.

Powys County Council Highways 6th Sep 2016 Based on the information submitted to date, the Highway Authority recommends that the current application be refused due to the sub-standard visibility and ill-defined alignment afforded by the current access with the U0530 county highway.

Page 59 At present the measured visibility has been recorded at just 38 metres in a south westerly direction and 70 metres in a north easterly direction; the requisite figures for such, given the location and national speed limits that apply, would be 90 metres in a south westerly direction and 120 metres in a north easterly direction. Additionally the layout of the current access although sufficient for current purposes, is not suitable to accommodate the types of and level of traffic a change of use B1 could potentially generate. As the current application site does not include the land required to facilitate the necessary improvements, suitable highway conditions cannot therefore be offered at this stage.

The Highway Authority would however reconsider its current recommendation if additional and appropriate land were included within the application to accommodate the necessary improvements.

Powys County Council Highways 12th Oct 2016 The County Council as Highway Authority for the County Class II Highway, B4550 / Unclassified Highway, U0530

Wish the following recommendations/Observations be applied Recommendations/Observations

The proposed access visibility alterations shown on drawing NP5v1 will significantly improve highway safety for all vehicles using the access. The Highway Authority therefore has no objection to the proposal but would recommend that the following condition be attached to any consent granted.

HC4 Within 5 days from the commencement of the development the access shall be constructed in accordance with approved drawing NP5v1. Clear visibility shall be provided 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 0.6 metres above ground level at the edge of the adjoining carriageway and 88 metres distant in an north easterly direction and 54 metres in a south westerly 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.

Dwr Cymru Welsh Water - Developer Services 19th Jul 2016 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 septic tank facility 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.

Page 60 WATER SUPPLY

Dwr Cymru Welsh Water has no objection to the proposed development.

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]

Please quote our reference number in all communications and correspondence.

Dwr Cymru Welsh Water - Developer Services 10th Oct 2016 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 septic tank facility 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.

WATER SUPPLY

Dwr Cymru Welsh Water has no objection to the proposed development.

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]

Please quote our reference number in all communications and correspondence.

NP Planning Ecologist 21st Jul 2016 A. Planning Policy & Guidance o To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. o The adopted Local Development Plan for the Brecon Beacons National Park includes the

Page 61 following policies regarding ecological issues and safeguarding biodiversity: o SP3 Environmental Protection - Strategic Policy o Policy 3 Sites of European Importance o Policy 4 Sites of National Importance o Policy 5 Sites of Importance for Nature Conservation o Policy 6 Biodiversity and Development o Policy 7 Protected and Important Wild Species o Policy 8 Trees and Development o Policy 9 Ancient Woodland and Veteran Trees o Policy 12 Lighting

B. Legislation o Environment Act 1995 - the first Statutory Purpose of the National Park is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park o The Environment (Wales) Act came into effect in March 2016 - from 21st May 2016, Section 6 requires public authorities to seek to maintain and enhance biodiversity. A list of species and habitats of principal importance in Wales is issued under Section 7. o Conservation of Habitats & Species Regulations 2010 (as amended) - Regulation 9 requires local authorities to take account of the presence of European Protected Species at development sites. If they are present and affected by the development proposals, the Local Planning Authority must establish whether "the three tests" have been met, prior to determining the application. The three tests that must be satisfied are: i. That the development is "in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment". ii. That there is "no satisfactory alternative" iii. That the derogation is "not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range"

C. Comments 1. Thank you for consulting me on the above application. The development proposals are retrospectively for the change of use of a number of buildings and areas of hard-standing from agricultural to commercial use. 2. I visited the site earlier this month and have reviewed the documents and drawings submitted with the application, which includes the following ecological information: o Gilestone Farm, Talybont-ar-Usk, Powys - Preliminary Bat Assessment by Ecology Planning dated 23rd June 2016 (Ecology Planning Report Number: 1441 / 01a) o Bat survey of hedgerows at Gilestone Farm, June to September 2012 by Jane Sedgeley, Our beacon for Bats Project Officer dated February 2014 3. I welcome the submission of an ecological report with the application and I note that a full visual inspection of the buildings that are the subject of these development proposals was undertaken on 7th June 2016. Areas 4 and 5 in the text do not correlate with Plan 1 Site Layout at the back of the report and the Plan should be amended to address this; the plan will then also correlate with Drawing NP1v2. The areas referred to below are as identified on Drawing NP1v2. 4. The Biodiversity Information Service for Powys and the Brecon Beacons National Park (BIS) holds records for a number of bat roosts at the site, including common pipistrelle bats in Area 5 (the stone barn). If the ecological consultant had undertaken a data search, these historic records would have become evident. 5. Area 3 is an area of hard-standing that is proposed for use as a builders' storage yard.

Page 62 The area was previously used as hard-standing for the storage of caravans as shown on the 2009 aerial photograph and there is no ecological objection to this aspect of these proposals. There will be opportunities for biodiversity and landscape enhancement of the existing boundaries; the hedgerow along the south-western boundary should be allowed to grow taller to provide a substantial wildlife corridor as well as additional screening of the site. The bat survey of hedgerows in 2012 also identified a number of bat species utilising these hedgerows for commuting and foraging. 6. Area 4 is a metal-framed, modern building with a profile-sheet roof. I understand that the building has been used as a carpenters' workshop for approximately 3 years. Four bat droppings were found in this structure, but there is no reason to suggest that bats will not be able to continue to use it as it currently is. 7. Area 5 is a stone barn that has had a wooden "office pod" structure inserted some time ago on the existing mezzanine. A common pipistrelle bat was recorded roosting in this structure in May and in June 2012. The current assessment of the structure is that it is of low to medium suitability for bat roosting although 2 bat droppings were found on insulation/plastic; it's not clear where in the building this was and I also don't know where the bat was recorded roosting in 2012. It would be helpful to have a copy of the 2012 bat survey report if it is available? I appreciate that no further works to the building are proposed and that the building is still accessible to pipistrelle bats. The report also recommends the installation of 6 wooden bat boxes inside the building as an enhancement. 8. Area 6 is the end bay of a single-storey barn to the north of the main house. It has been refurbished to accommodate a kitchen unit and shower room. There does not appear to have been any disturbance of the roof structure - the asbestos board ceiling is old and has just been painted. 9. Area 7 is part of the same building as Area 6 and has also been refurbished, but as a "training room". It is not clear what this part of the barn was like before the refurbishment works took place, but there are no bat records from this part of the structure; there is a BIS record for a soprano pipistrelle bat roosting in the adjoining barn, but this is not affected by these development proposals. Again, the ecological report recommends the provision of additional bat boxes within the barn between Areas 6 and 7. 10. Natural Resources Wales have provided comments on the application and have expressed concern about the likely and known presence of lesser horseshoe bats at the site. The structures that are the subject of these development proposals do not now appear to have suitable access points for this species; there is also another large stone barn to the south of Area 5 that has had no works and offers good bat roosting potential and suitability. NRW have also recommended that further consideration of bat issues will be required in the event that the works that have been undertaken are deemed to be unacceptable and require remedial works. 11. The existing use of the buildings does not appear to preclude use of the buildings by bats; however, if further refurbishment works are proposed at some point in the future, I recommend that they are preceded by bat activity surveys to ensure compliance with the relevant wildlife legislation. 12. It will be important to ensure that any external lighting is of an appropriate design and sensitively located to avoid light-spill towards bat roosting areas or wildlife corridors. The details of external lighting can be secured through an appropriately worded planning condition, but the applicants may wish to submit this information prior to determination of this application to avoid the need for such a planning condition. 13. There will be opportunities to accommodate biodiversity enhancement measures and the proposed installation of wooden bat boxes will enhance roosting opportunities for crevice- dwelling bat species.

Page 63 D. Recommendations o There is no ecological objection to the approval of the proposals that affect Areas 3, 4 and 6. o Please can a copy of the 2012 bat survey results be forwarded to the BBNPA to assist with the assessment of the impact of the change of use of Areas 5 and 7? o Please can it also be confirmed that no further works to the structures are proposed at this stage - by the applicant or by this Authority to reinstate the building(s) to their previous state.

If the 2012 bat survey results can be clarified satisfactorily and this application is to be approved, I recommend the inclusion of planning conditions and informative notes to cover the following:

1. Within 3 months of the granting of planning permission, the biodiversity enhancement scheme as stated in paragraphs 44 and 45 of the ecological report dated 23rd June 2016 shall be implemented in full and maintained thereafter. Following the installation of the approved scheme, a report confirming adequate installation shall be submitted to the Local Planning Authority. 2. Within 3 months of the granting of planning permission, a landscape mitigation and enhancement scheme for Area 3 shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include a timetable for its implementation and shall be maintained thereafter. 3. No external lighting shall be installed until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with wildlife corridors and bat mitigation/enhancement measures and shall be implemented as approved. 4. No further works to the roof structures or stone walls are hereby permitted unless preceded by a bat survey at an appropriate time of year. The results of the bat survey and any mitigation measures shall be submitted to the Local Planning Authority for written approval.

Informative note: 1. Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000

Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP o To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016

NP Planning Ecologist 25th Oct 2016 The additional drawings have clarified that a small amount of work will be required to the hedgerow to the north of the existing access in order to improve visibility splays. Details of the mitigation and compensation planting should be secured through an appropriately worded planning condition. I also understand that no further works to the buildings are proposed at this time.

Page 64 If this application is to be approved, my recommended planning conditions should be amended to:

1. Within 3 months of the granting of planning permission, the biodiversity enhancement scheme as stated in paragraphs 44 and 45 of the ecological report dated 23rd June 2016 shall be implemented in full and maintained thereafter. Following the installation of the approved scheme, a report confirming adequate installation shall be submitted to the Local Planning Authority. 2. Within 3 months of the granting of planning permission, a landscape mitigation and enhancement scheme for Area 3 and the roadside hedgerow shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include a timetable for its implementation and shall be maintained thereafter. 3. No external lighting shall be installed until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with wildlife corridors and bat mitigation/enhancement measures and shall be implemented as approved. 4. Notwithstanding the implementation of the biodiversity enhancement scheme, no further works to the roof structures or stone walls are hereby permitted unless preceded by a bat survey at an appropriate time of year. The results of the bat survey and any mitigation measures shall be submitted to the Local Planning Authority for written approval and implemented as approved.

Informative note: 1. Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000

Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP o To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016

Powys County Council Public Protection And Env Health 4th Oct 2016 In relation to retrospective Planning Application 16/13392/FUL there would be no requirements in respect of land contamination. 14th July 2016 I have no comment in respect of the above retrospective application.

Powys County Council Contaminated Land 1st Jul 2016 In relation to the retrospective Planning Application 16/13392/FUL there are no concerns in

Page 65 respect of land contamination.

Talybont-on-Usk Community Council 26th Jul 2016 At yesterday evening's meeting of Talybont-on-Usk Community Council, members gave their support to all the applications mentioned above. Talybont-on-Usk Community Council 18th Oct 2016 At the meeting of Talybont-on-Usk Community Council last night, members were pleased to support the above amended application.

CONTRIBUTORS None

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY The application has been advertised in the local press, with neighbourhood consultation and a site notice. As a result of this publicity, no responses have been received.

RECENT PLANNING HISTORY ON SITE 16/13735 - Erection of three units of holiday accommodation and installation of sewage treatment plant - Refused 15/12097/PAYPRE - no policy support for a permanent holiday facility on the site given its countryside location, but that a seasonal facility may be looked upon more favourably.

OFFICER'S REPORT Proposed Development Planning permission is sought for the change of use of agricultural land (hardstandings)and buildings to various commercial uses within use class B1 and D1, with minor alterations to listed building (former stables) (retrospective).

The development comprises of the following changes of use to the existing buildings. The numbering below refers to the same numbering as submitted, to avoid confusion:- i) Area 4 - Carpenters Workshop - Use Class B1. ii) Area 5 -Office, storage of materials and equipment- Use class B1. iii) Area 6 -Kitchen/shower room and toilet facilities in connection with Use of Area 7 - Use Class D1 iv) Area 7 -Training Room and storage of equipment - Use Class D1. v) Area 3 -Outside Storage for builder's materials and equipment - Use Class B8 – (deleted from the proposed development).

No external or internal alterations are proposed to the buildings other than that to the former stables where the changes involve the insertion of new windows and doors within existing openings and the insertion of a kitchen unit and shower room.

Car parking provision is shown located adjacent to each of the proposed uses.

The proposals also include use of an existing septic tank and the discharge of surface water to soakaways. There are also vision splay improvements at the entrance to the county

Page 66 highway.

The application, as originally submitted, was supported by the following documentation: - Design & Access Statement and Heritage Statement - Flood Consequences Statement - Preliminary Bat Assessment dated June 2016

Since the submission of the application, additional information has been submitted: - Area 3 has been deleted from the proposed development - vision splay improvements at the entrance to the county highway. - details of the non mains sewerage treatment facility

Site Description The site measures approximately 0.2 ha of existing outbuildings, adjacent land and access improvements at Gilestone Farm. The land part of the site was formally in agricultural use, prior to the works being undertaken and lies in close proximity to the farm house at Gilestone Farm.

Gilestone Farm lies close to the River Usk and the village of Talybont-on-Usk.

The house at Gilestone Farm is Grade II listed. The former stables, part of this application are considered to be curtilage listed buildings, due to their close proximity to the listed house. The numbering below refers to the same numbering as submitted, to avoid confusion:- i) Area 4 -- is a metal-framed modern building, measures approx 200sq metres, ii) Area 5 - Existing Stone barn - which has a wooden office pod structure inserted some time ago on the existing mezzanine area, measures approx. 88sq metres, iii) Area 6 - Former stables (southern part), measures approx. 19sq metres, iv) Area 7 - Former stables (northern part), measures approx. 64sq metres v) Area 3 -hardstanding area deleted from the proposed development

Access to the site is gained from the main track serving the farm which extends to approximately 650m long, to the east of the farm complex which reaches the unclassified county highway the U0530, which lies south of the A40 trunk road.

The site lies in the open countryside as defined by the LDP Proposals Map.

The site lies on the edge of a landscape of historic interest - the Middle Usk Valley: Brecon and Llangorse as designated by Cadw.

To the south west of the site is a Site of Importance for Nature Conservation - Gilestone farm Wood SINC, and much of this is also Ancient Semi-Natural Woodland. A public footpath known as 29/34/1 lies along the canal towpath to the south west of the site. The nearest residential properties are located over 150 metres from the site within the village of Talybont on Usk.

The site lies entirely within flood zone C2 as defined in the Development Advice Maps of TAN15.

Policy Context The application has been considered against the adopted policies of the Brecon Beacons

Page 67 National Park Authority Local Development Plan (2013) along with the comments made by other interested parties and the following National Guidance:-

Planning Policy Wales (PPW 2016) Environment Act 1995 Natural Environment & Rural Communities Act 2006. Conservation of Habitats & Species Regulations 2010 Technical Advice Note 6 - Planning for Sustainable Rural Communities Technical Advice Note 12 - Design Technical Advice Note 5 - Nature Conservation Technical Advice Note 6 - Planning for Sustainable Rural Communities

Brecon Beacons National Park Authority Local Development Plan Policy 1 - Appropriate development in the National Park Policy SP3 - Environmental Protection - Strategic Policy Policy 3 - Sites of European Importance Policy 4 - Sites of National Importance Policy 6 - Biodiversity and Development Policy 7 - Protected and Important Wild Species Policy 10 - Water Quality Policy 12 - Light Pollution Policy 15 - Listed buildings Policy 17 - The siting of Listed Buildings Policy 23 - Sustainable Design in the Adaption and Re-use of Existing Buildings CYD LP1- Enabling Appropriate Development in the Countryside Policy SP12 - Economic Wellbeing Policy 38 - Farm Diversification Policy 57- Use of Non Mains Sewerage Solutions Policy 59 - Impacts of traffic

Farm Diversification Supplementary Planning Guidance (BBNPA March 2015).

Principle of development The proposed development involves the provision of changes of use of agricultural buildings and adjacent land to commercial uses within Use Classes B1 (Business) and D1 (Non- residential institution).

The proposal is located in an area of countryside as defined by the LDP proposals map.

The LDP sets out that development in countryside locations is less sustainable and more environmentally challenging than is considered acceptable. As such it is the vision of the LDP to increase the viability and diversity of rural practice, such that the loss of buildings from economic generating activity to non-economic generating activity is not supported by the LDP. The LDP also seeks to improve the social and economic wellbeing of National Park's communities. This strategy position is implemented through policy CYD LP1 and policy SP12. Policy CYD LP1 only permits development which is deemed necessary and essential to a countryside location. Criterion 1 permits, subject to all other relevant LDP Policies, proposals that capitalise on improving the existing building stock and/or utilises previously developed land and/or re-uses redundant buildings, including (b) Proposals to re-instate redundant buildings to the following beneficial uses (i) Commercial, Sport, Tourism or Recreation use.

Page 68 Criterion 4 permits proposals to enable rural enterprise and farm diversification.

Policy SP12 permits development aimed at improving the economic social well-being of the National Park's communities. Criterion c) supports farm diversification.

Policy 38 -Farm Diversification - permits proposals for farm diversification where: a) the proposed diversification will be of an intensity of use appropriate to the environment and setting within the National Park and will have no significant detrimental effect on the vitality and viability of any adjacent town or village, either in its own right or through cumulative impact; b) functioning of surrounding agricultural land is not prejudiced; c) adequate provision for the storage of materials/equipment is maintained; d) adequate parking provision is made to serve the needs of the diversified scheme; and e) Any new buildings or conversions or existing buildings that form part of the proposal lie within or immediately adjacent to the group of existing buildings which make up the farm complex and are in accordance with Policy 23.

In conclusion of the above matters, it is considered that the principle of the change of use of the existing barn buildings to commercial uses is acceptable. It forms a farm diversification scheme of some of the existing agricultural redundant buildings within the farm complex where there appear to be adequate modern buildings remaining for the agricultural use. The development proposals represent an intensity of use appropriate to the environment and setting within the National Park. It is small scale in nature, involves the conversion of existing buildings with limited alterations which are located in close proximity to the existing farm complex and adequate parking provision is made to serve the needs of the diversification scheme. No outside storage of materials/equipment is involved following the deletion of Area 3 from the proposals. The applicant has advised that the development would support 3 full time and 6 part time workers which would make a small but valuable contribution to the local economy and social viability.

The Strategy and Policy Officer has raised no objection to the proposals. The proposed development is therefore considered to be acceptable in principle, subject to the other requirements of Policy 1 and CYD LP1 which seek to protect the landscape and natural beauty of the National Park. This issue is discussed in the remainder of the report below.

In relation to the originally proposed area of open storage referred to as 'Area 3, the Strategy and Policy Officer raised objection as there is no policy provisions in the LDP that would enable the change of use of agricultural land to B8 use and she was not satisfied that the intensity of use was appropriate to the environment and setting within the National Park. Whilst the area of open storage within Area 3 has been deleted from the application, in view of the retrospective nature of the application, this matter has been referred back to the enforcement officer to investigate whether this use has ceased.

Impact on the character and appearance of the area. Policy 1 of the LDP is an overarching policy, criterion (i) of which seeks to ensure that the scale, form, design, layout, density, intensity of use and use of materials of any development, would be appropriate to the surroundings and will maintain or enhance the quality and character of the Park's natural beauty, wildlife, cultural heritage and built environment. Criterion (ii) seeks to ensure that developments are integrated into the surrounding landscape through planting and appropriate management of native species and creation of appropriate

Page 69 boundary features as necessary.

The site of the application is located in the open countryside and within the Special Landscape Area 14 (Wye Valley Foothills) as defined in the LDP. The overall strategy in this landscape character area is to conserve and enhance this agricultural and historic landscape, retaining the quality of settings to settlements, and accommodating development and recreation sensitively without compromising its special qualities. The Strategy also seeks to appropriately manage and maintain historic features and built/designed heritage, and respect their settings. Recreational facilities and new development should be sensitively accommodated within the landscape. The area remains an attractive foreground to views from higher land, and views from within the area remain free from intrusive modern development. The management guidelines include minimising visual impacts on this area of any developments within or outside the National Park boundary, ensuring that new developments are well designed and sited.

The site lies within the Usk Valley which is characterised by steeper sloping well wooded valley sides to the west and east. The historic landscape patterns are generally well preserved with few detracting influences, with moderate levels of tranquillity over much of the area. Views of the area are highly visible from long distance views, due to the open plain of the Usk Valley and the low level of tree cover.

In considering the impact on the character and appearance of the area, there are limited views of the site from points adjacent to the site, nearby residential properties and from the PROW along the canal towpath, as views are largely screened by the existing woodland belts and vegetation along the towpath. From distant views from upper areas of open access land, and recreational rights of way, from higher ground and from cross valley view’s particularly to the east above the A40 there are panoramic views of the site together with the adjacent area.

The development would involve the re-use of existing traditional agricultural buildings with associated parking provision within the existing farm complex at Gilestone and a small amount of works required to the hedgerow of the existing access onto the unclassified county highway. In view of the form and small scale nature of the development it is considered that the impact on the character and appearance of the area would therefore be minimal and it would not detract from the special landscape qualities of the area.

It is therefore concluded that the proposed development would comply with the provisions of Policy 1 and Policy CYD LP1 of the Brecon Beacons National Park Local Development Plan.

Impact on the character and appearance of the historic landscape and listed buildings PPW recognises the importance of protecting the historic environment and states at Para 6.5.9 that: Where a development affects a Listed Building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses" which reflects Section 66 of the Planning (Listed Building and Conservation Areas) Act 1990 (as amended).

Policy 17 of the LDP states that development proposals which would adversely affect the setting of a listed building will not be permitted.

Page 70 Policy 21 Historic Landscapes states that `Development which directly or indirectly either alone or in combination affects those areas listed within Part 2 of the 'Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales' will only be permitted if the essential integrity and coherence of the area, as defined in the Register, is preserved or enhanced. It is considered that due to the small scale nature of the proposed development it would not have an adverse landscape or visual impact on the landscape of historic interest - the Middle Usk Valley: Brecon and Llangorse as designated by Cadw.

The former stable building is considered to be part of the original farm range and therefore curtilage listed as part of the Grade II listed heritage asset of Gilestone farmhouse.

The minor alterations incorporated within the proposed development, shown as Areas 6 and 7, relate to the northern and southern parts of the former stable building. In detail the works involve the following matters:-

Area 6 (Southern part of former stables) Externally - insertion of a new door and two timber casement style windows in existing openings.

Internally - Insertion of kitchen with associated plumbing and a free standing shower/toilet facility which does not extend the full height of the room.

Area 7 (Northern part of former stables) Externally - Insertion of two new timber casement style windows and one new timber door within existing masonry pillars.

Internally - Insertion of a wood burning stove, with external flue to be painted with a matt black finish.

The Senior Heritage Officer (Building Conservation) has considered the application and made comments detailed above. Whilst it is noted that the works have already been undertaken, the heritage statement has provided clear photographs of areas 6 and 7 of the former stables building in 2012 prior to the works commencing. It is considered that the works have been carried out in a sympathetic manner with repairs undertaken to allow the building to be brought into beneficial use. The application is therefore supported from a built heritage point of view.

It is therefore concluded that, subject to the imposition of appropriate conditions to secure the finishing of the external materials, the proposed development would not detrimentally harm the listed building or the historic landscape and as such is considered to comply with policies 17 and 21 of the LDP along with guidance set out in PPW and Circular 61/96.

Impacts on archaeology Para 6.5.1 of PPW outlines the desirability of preserving archaeological remains and their setting is a material consideration in the determination of planning applications. Similar advice in Circular 60/96 requires Authorities to take into account archaeological considerations at the early stages of development and to be fully informed about the nature and importance of archaeological remains and their setting and the likely impact of any proposed development upon them.

Page 71 Policy SP3 f) requires all proposals for development or change of use of land or buildings in the National Park to demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of … archaeological features.

The National Park's Heritage Officer (Archaeology) has commented on the application as provided in full above. In summary, it is considered that as there have been no discernible impact to the building fabric of the barns numbers Areas 4 and 5 and only minor alterations to the curtilage listed building numbered Areas 6 and 7, with no intrusive groundworks have been undertaken, or will be undertaken in association with this application, there is no archaeological objection to approval of the application.

It is therefore considered that the proposed development would be consistent with policy SP3 f) of the Local Development Plan as well guidance set out in PPW and Circular 60/96.

Impact on ecology and biodiversity and landscape features To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures.

The Local Development Plan includes a number of policies regarding ecological issues and safeguarding biodiversity as set out in the policy section of the report above.

The following ecological information has been submitted with this application: o Gilestone Farm, Talybont-ar-Usk, Powys - Preliminary Bat Assessment by Ecology Planning dated 23rd June 2016 (Ecology Planning Report Number: 1441 / 01a) o Bat survey of hedgerows at Gilestone Farm, June to September 2012 by Jane Sedgeley, Our beacon for Bats Project Officer dated February 2014

NRW have raised concern that the bat surveys show evidence that unidentified species of bats are roosting in the buildings and that lesser horseshoe bats are known to roost nearby. NRW have advised that due to the retrospective nature of the development and the suitability of the site for use by bats post development, NRW do not consider that the development is likely to be detrimental to the maintenance of the population of the species. However, NRW have advised that further consideration of this matter will be required in the event that the works are deemed unacceptable and remedial works are required.

The NP Ecologist has welcomed the submission of the ecological information which shows that there is bat usage within the buildings and that the proposed development involves no further work to the buildings and that the buildings would still be accessible to bats. The ecological report recommends the provision of additional bat boxes as the biodiversity enhancement scheme.

The NP Ecologist has also advised that details of the mitigation planting should be secured for the small amount of work required to the hedgerow to the north of the existing access in order to improve visibility splays.

Ecological conditions are recommended to secure the implementation of the biodiversity enhancement scheme, the hedgerow mitigation, details of any external lighting and to ensure

Page 72 there are no further works to the structures of the buildings without appropriate bat surveys. It is therefore considered that ecological and biodiversity issues within the proposed development can be appropriately accommodated by the imposition of appropriate conditions as set out above. The proposed development is therefore considered to be consistent with policies SP3, policies 3, 4, 5, 6, 7 and 12 of the Local Development Plan as well guidance set out in PPW.

Impacts on highway infrastructure Policy 59 of the LDP specifies that development will only be permitted where appropriate access can be achieved commensurate with the level of development proposed.

The proposed development will utilise the existing access from the public highway and use will be made within the site for parking provision. There would be no impacts on the existing access adjacent to the canal towpath.

Powys County Council as the highway authority initially raised concern that the access onto the unclassified county highway, the U0530 is sub-standard in terms of junction visibility and alignment and recommended refusal. However, following the amendment of the application to include vision splay improvements, no objections are now raised subject to the imposition of a condition to secure the vision splay improvements.

It is therefore considered that the proposed development would not lead to a detrimental impact on the existing highway infrastructure or on highway safety and complies with policy 59 of the LDP.

Impacts on amenities of nearby residents Para 3.1.7 states that "the planning system does not exist to protect the private interests of one person against the activities of another. Proposals should be considered in terms of their effect on the amenity and existing use of land and buildings in the public interest, and it is therefore valid to consider the effect of a proposal on the amenity of neighbouring properties.

The local Community Council of Talybont on Usk have advised that they support the application. Powys County Council Environmental Health Service have raised no comments in relation to the amenities of residential properties.

In view of the distance to the nearest residential properties and the scale and nature of the development, it is considered that the proposed introduction of small scale commercial uses onto the site and use of external hard standing areas for parking would not have a significant detrimental effect on the amenity of nearby residents in terms of noise and disturbance or loss of privacy.

Subject to the imposition of an appropriate condition to limit the uses of the development to that submitted it is therefore considered acceptable in terms of residential amenity.

Drainage, flood risk and pollution control Policy 56 of the LDP requires development to have adequate water and mains sewerage infrastructure and that conditions should be imposed to ensure adequate services are available to serve the development.

Policy 57 permits use of non mains sewerage only in certain circumstances.

Page 73

TAN 15 requires the planning authority to determine whether a development within Zone C2 is justified.

The proposed development would be entirely located within an area at risk of flooding (Zone C2) as defined in the Development Advice Maps of Tan 15. A Flood Consequences Statement accompanies the application and NRW agree that the commercial development proposed would fall within the less vulnerable development category set out in Figure 2 of TAN 15. NRW further advise that given the scale and nature of the proposed development, the flood risk could be acceptable subject to the developer being made aware of the potential flood risks and incorporates measures to manage that risk.

NRW recommend consulting other professional advisors regarding emergency evacuation plans and procedures. No comments have been received from Powys County Council Drainage Service. Therefore it is considered that this matter could be addressed by the imposition of an appropriately worded information note attached to any consent.

The applicant proposes to discharge foul water into an existing septic tank and into a soakaway system, as connection to the foul sewer is not practical. Surface water is to discharge to soakaways. NRW have advised in an email dated 07.09.2106 that the system is suitable without having an adverse effect on the environment, subject to the requirements of an environmental permit.

No objections have been received in relation to these revised proposals from Dwr Cymru Welsh Water in relation to water supply, nor from Powys County Council in terms of land contamination.

The proposed development is therefore considered to comply with policies 56 and 57 of the LDP, subject to the imposition of the above condition.

Conclusion In conclusion, the applicant has demonstrated to the satisfaction of the National Park that the development represents a farm diversification scheme, located in close proximity to the existing farm complex and that the nature and scale is appropriate such that it would be unlikely to have a detrimental effect on the built heritage or environmental considerations as set out above. It is recommended that the application be approved subject to the imposition of appropriate conditions.

RECOMMENDATION: Retrospective Application Permitted

Conditions and/or Reasons:

1 No development of the types described in the Use Classes B1 and D1 of the Town and Country Planning (Use Classes) Order 1987 (as amended) other than hereby permitted (as set out in the accompanying Design and Access statement, and in the areas as shown in the approved plans) shall be carried out on the site without the written permission of the Local Planning Authority. 2 The development shall be carried out in all respects strictly in accordance with the approved plans [Drawing nos. NP1v4 (Drwg No. 16/4144/1), NP2v1 (Drwg No

Page 74 16/4144/4), NP3v1 (Drwg No. 16/4144/5), NP4v1 (Drwg No. 16/4144/3), NP5v1 (Access Plan Drwg No. 16/4144/5), and the details set out in the submitted Design & Access Statement dated 15th February 2016 – Ref. 4144. 3 Within 3 months of the granting of this planning permission, the biodiversity enhancement scheme as stated in paragraphs 44 and 45 of the ecological report dated 23rd June 2016 shall be implemented in full and maintained thereafter. Following the installation of the approved scheme, a report confirming adequate installation shall be submitted to and approved in writing by the Local Planning Authority 4 Within 3 months of the granting of this planning permission, a landscape mitigation and enhancement scheme for the roadside hedgerow as shown on approved drawing NP5v1, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include a timetable for its implementation and shall be carried out in full and maintained for as long as the development hereby permitted remains in existence. 5 No external lighting shall be installed until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with wildlife corridors and bat mitigation/enhancement measures and shall be implemented as approved. 6 Notwithstanding the implementation of the biodiversity enhancement scheme, no further works to the roof structures or stone walls are hereby permitted unless preceded by a bat survey at an appropriate time of year. The results of the bat survey and any mitigation measures shall be submitted to the Local Planning Authority for written approval and implemented as approved. 7 Within 3 months of the granting of this planning permission, the access shall be constructed in accordance with approved plan NP5v1. Clear visibility shall be provided 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 0.6 metres above ground level at the edge of the adjoining carriageway and 88 metres distant in an north easterly and 54 metres in a south westerly direction measured from the centre of the access along the edge of the adjoin carriageway. Nothing shall be planted, erected or allowed to grow on the areas(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 3 months of the granting of this planning permission details of the proposed colour scheme for all external joinery shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out within 3 months of the details being approved in accordance with the approved details. 9 Outside of the buildings subject of this planning permission, there shall be no open storage of any material, goods or plant undertaken whatsoever. 10. The external flue shown within Area 7 of the planning permission shall be painted matt black.

Reasons:

1 To limit the nature of the development to that submitted in the interests of the environment. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development, and in the interests of the environment. 3 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5

Page 75 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 4 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 5 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 6 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 7 In the interests of highway safety. 8 To safeguard the character and structural integrity of the listed building. 9 In the interests of environmental amenity and to safeguard the setting of the adjacent listed building. 10 To safeguard the character and structural integrity of the listed building.

Informative Notes:

1 Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000 2 The developer should be aware of the potential flood risks. In areas at risk of flooding, NRW recommend that consideration be given to the management of risk through the incorporation of flood resistance/resilience measures into the design and construction of the development.

Guidance and Information NRW refer the applicant to the following guidance and information; Environment Agency leaflet 'Prepare your Property for flooding,' can be found here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/451622/LIT_4 284.pdf Guidance to property owners on how they can improve the flood resistance of their properties can be found in the ODPM publication 'Preparing for Floods: Interim Guidance for Improving the Flood Resistance of Domestic and Small Business Properties', available from gov.uk website; https://www.gov.uk/government/publications/improving-the-flood-resistance- of-domestic-and-small-business-properties-interim-guidance The Association of British Insurers (ABI) has published a paper, 'Climate Adaptation: Guidance

Page 76 on Insurance Issues for New Developments', which provides guidance to help householders ensure their properties are as flood proof as possible and insurable. The guidance can be found online at: http://www.abi.org.uk Please be aware that "Flood Resistance" measures i.e. prevention of floodwaters entering a building, are only recommended in situations where the flood depths do not exceed 600mm.

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ITEM NUMBER: 3

APPLICATION NUMBER: 16/13393/LBC APPLICANTS NAME(S): Mr Charles Weston SITE ADDRESS: Gilestone Farm Talybont-On-Usk Brecon LD3 7JE GRID REF: E: 311792 N:223351 COMMUNITY: Talybont-on-Usk DATE VALIDATED: 28 September 2016 DECISION DUE DATE: 23 November 2016 CASE OFFICER: Donna Bowhay

PROPOSAL Change of use of agricultural land and buildings to various commercial uses within use class B1 and D1, with minor alterations to curtilage listed building (former stables) (retrospective)

ADDRESS Gilestone Farm, Talybont-On-Usk, Brecon

Page 79

CONSULTATIONS/COMMENTS

NP Senior Heritage Officer (Building Conservation) 13th Jul 2016 OBSERVATIONS IN RESPECT OF THE ABOVE PLANNING APPLICATION National Policy Framework Planning Policy Wales (Edition 8: Jan 2016): Paragraph 6.5.9 recognises the importance of protecting the historic environment and states that: "Where a development proposal affects a Listed Building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses" The adopted LDP states that: Policy 15 Listed Buildings All listed building consent application will be determined in accordance with National Policy as set out in Circular 61/96. Proposals for planning permission which impact on a listed building or its curtilage including the alteration, extension or change of use, whether internally or externally, will only be supported where it can be shown that there will be no significant harm to the special historic or architectural character and setting of the building or historic features.

1.Conversion / Alteration / Extension / Change of Use of a listed building The conversion, alteration, extension or change of use of a listed building will only be permitted where the following criteria are satisfied: a) The proposal conserves the contribution made by the building to the character of the National Park. b) The materials and finishes used in the building works are compatible in all respects with those of the existing structure. c) The proposal conforms with all other relevant policies of this plan and national guidance d) The development would not have a detrimental effect on the setting of a listed or traditional building.

Considerations This old stable building lies close to the listed building of Gilestone Farmhouse. The building was in some disrepair and had obviously fallen into disuse. The works had been carried out prior to the application however the heritage statement has clear photographs of the building prior to the work being carried out. The works carried out have been done so in a sympathetic manner and extensive repairs have been carried out to allow for this building to be brought back into beneficial use. Conclusion That from a built heritage the works have assisted to bring back a building that would have been lost in the long term and therefore a recommendation of approval can be provided.

NP Heritage Officer Archaeology 20th Jul 2016 National Policy Framework

Page 80 Welsh planning legislation and policy guidance outlines that the desirability of preserving archaeological remains and their setting is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.1).

Planning Policy Wales (Edition 8: 2016): Paragraph 6.5.1. 'The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. In cases involving lesser archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development.'

This means that Local Planning Authorities in Wales have to take into account archaeological considerations and deal with them from the beginning of the development control process (WO Circular 60/96 Para. 10), and need to be fully informed about the nature and importance of archaeological remains, and their setting, and the likely impact of any proposed development upon them (WO Circular 60/96, Para. 15).

Development Plan Framework The adopted Local Development Plan sets out the Brecon Beacons National Park's policies and proposals to guide development in the National Park, , including Policy SP3 f): 'All proposals for development or change of use of land or buildings in the National Park must demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of … archaeological features'.

Archaeological sensitivity and significance of the site The site is located within a rich archaeological landscape. The Grade II Listed building on the site (CADW 21168), is believed to be of Mid C17 origin, with substantial late Georgian remodelling in early C19. Theophilus Jones attributes a very early origin to the site, describing a manor or lordship dating from the time of William II. The historic farmyard is recorded by CPAT as having the potential to contain traditional farm buildings (CPAT 68395).

Close to the site, to the north, earthworks noted on an aerial photograph include several banks, remains of trackways and one corner of an enclosure, and may represent a farmyard site (CPAT PRN 34769).

The site is located in the Register of Landscapes of Special Historic Interest in Wales: the Middle Usk Valley: Brecon and Llangorse, a landscape with a complex farming and settlement history. Within the wider vicinity of the site are located a Scheduled standing stone (CADW BR140) and the cross Oak Hillfort (CPAT 3475). Remains are not confined to the prehistoric periods however, and the landscape around Gileston farm contains evidence of post-medieval industry (CPAT 89230, 68396), agriculture (CPAT 68398), and transport, with the Brecon and Monmouth Canal, and its associated structures located to the west of the site.

Archaeological Impact of the development The application concerns a retrospective change of use of agricultural land and buildings and minor alterations to a curtilage listed building (the former stables).

Page 81 Land, Area 3: It is understood that no intrusive groundworks have been undertaken, or will be undertaken at the site in respect to the (retrospective) change of use of agricultural land on Area 3 from a storage yard to a builders storage yard.

Barns, Area 4: It is understood that there is no change to the building fabric arising from a (retrospective) change of use from a redundant building to a carpenters workshop.

Barns, Area 5: It is understood that there is no change to the building fabric arising from a (retrospective) change of use from an agricultural building to office and storage use by a micro- hydro installation company. A visit by a BBNPA historic Buildings Officer confirmed that internal works have made no discernible physical impact on the building (ENF/15/01473).

Stables, (Kitchen and Shower room) Area 6: The minor alterations (retrospective) to the curtilage listed building have been considered by the Senior Heritage Officer, who has in this case recommended approval of the application.

Stables, Area 7: The minor alterations (retrospective) to the curtilage listed building have been considered by the Senior Heritage Officer, who has in this case recommended approval of the application.

Mitigation Required Provided that no intrusive groundworks have been undertaken, or will be undertaken in association with this application, there will be no archaeological objection to approval of the application.

NP Heritage Officer Archaeology 19th Oct 2016 National Policy Framework Welsh planning legislation and policy guidance outlines that the desirability of preserving archaeological remains and their setting is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.1). Planning Policy Wales (Edition 8: 2016): Paragraph 6.5.1. 'The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. In cases involving lesser archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development.'

This means that Local Planning Authorities in Wales have to take into account archaeological considerations and deal with them from the beginning of the development control process (WO Circular 60/96 Para. 10), and need to be fully informed about the nature and importance of archaeological remains, and their setting, and the likely impact of any proposed development upon them (WO Circular 60/96, Para. 15).

Development Plan Framework The adopted Local Development Plan sets out the Brecon Beacons National Park's policies and proposals to guide development in the National Park, , including Policy SP3 f):

Page 82 'All proposals for development or change of use of land or buildings in the National Park must demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of … archaeological features'.

Resubmission of Application: The initial application was resubmitted, following minor amendments to the site perimeter to create a splayed entrance for the access road to the site. This has resulted in no change to my previous recommendations in respect to this application, which are reproduced below; Archaeological sensitivity and significance of the site

The site is located within a rich archaeological landscape. The Grade II Listed building on the site (CADW 21168), is believed to be of Mid C17 origin, with substantial late Georgian remodelling in early C19. Theophilus Jones attributes a very early origin to the site, describing a manor or lordship dating from the time of William II. The historic farmyard is recorded by CPAT as having the potential to contain traditional farm buildings (CPAT 68395).

Close to the site, to the north, earthworks noted on an aerial photograph include several banks, remains of trackways and one corner of an enclosure, and may represent a farmyard site (CPAT PRN 34769).

The site is located in the Register of Landscapes of Special Historic Interest in Wales: the Middle Usk Valley: Brecon and Llangorse, a landscape with a complex farming and settlement history. Within the wider vicinity of the site are located a Scheduled standing stone (CADW BR140) and the cross Oak Hillfort (CPAT 3475). Remains are not confined to the prehistoric periods however, and the landscape around Gilestone farm contains evidence of post-medieval industry (CPAT 89230, 68396), agriculture (CPAT 68398), and transport, with the Brecon and Monmouth Canal, and its associated structures located to the west of the site.

Archaeological Impact of the development The application concerns a retrospective change of use of agricultural land and buildings and minor alterations to a curtilage listed building (the former stables).

Land, Area 3: It is understood that no intrusive groundworks have been undertaken, or will be undertaken at the site in respect to the (retrospective) change of use of agricultural land on Area 3 from a storage yard to a builders storage yard.

Barns, Area 4: It is understood that there is no change to the building fabric arising from a (retrospective) change of use from a redundant building to a carpenters workshop.

Barns, Area 5: It is understood that there is no change to the building fabric arising from a (retrospective) change of use from an agricultural building to office and storage use by a micro- hydro installation company. A visit by a BBNPA historic Buildings Officer confirmed that internal works have made no discernible physical impact on the building (ENF/15/01473).

Stables, (Kitchen and Shower room) Area 6: The minor alterations (retrospective) to the curtilage listed building have been considered by the Senior Heritage Officer, who has in this case recommended approval of the application.

Stables, Area 7: The minor alterations (retrospective) to the curtilage listed building have been considered by the Senior Heritage Officer, who has in this case recommended approval of the

Page 83 application.

Mitigation Required Provided that no intrusive groundworks have been undertaken, or will be undertaken in association with this application, there will be no archaeological objection to approval of the application.

OFFICER’S REPORT

CONTRIBUTORS The application has been advertised in the local press, with neighbourhood consultation and a site notice. As a result of this publicity, no responses have been received.

RECENT PLANNING HISTORY ON SITE 16/13735 - Erection of three units of holiday accommodation and installation of sewage treatment plant - Refused 15/12097/PAYPRE - no policy support for a permanent holiday facility on the site given its countryside location, but that a seasonal facility may be looked upon more favourably.

OFFICER'S REPORT

Proposed Development This consent seeks listed building consent for minor alterations to listed building (former stables) (retrospective) in respect of the change of use of agricultural land (hardstandings)and buildings to various commercial uses within use class B1 and D1, Planning application ref 16/13392 refers.

The planning development comprises of the following changes of use to the existing buildings. The numbering below refers to the same numbering as submitted, to avoid confusion :- i) Area 4 - Carpenters Workshop - Use Class B1. ii) Area 5 -Office, storage of materials and equipment)- Use class B1. iii) Area 6 -Kitchen/shower room and toilet facilities in connection with Use of Area 7 - Use Class D1 iv) Area 7 -Training Room and storage of equipment - Use Class D1. v) Area 3 -Outside Storage for builder's materials and equipment - Use Class B8 - (deleted from the proposed development).

No external or internal alterations are proposed to the buildings other than that to the former stables where the changes involve the insertion of new windows and doors within existing openings and the insertion of a kitchen unit and shower room.

The application, as originally submitted, was supported by the following documentation: - Design & Access Statement and Heritage Statement - Preliminary Bat Assessment dated June 2016

Site Description The overall site measures approximately 0.2 ha of existing outbuildings, adjacent land and access improvements at Gilestone Farm. The land part of the site was formally in agricultural use, prior to the works being undertaken and lies in close proximity to the farm house at

Page 84 Gilestone Farm.

Gilestone Farm lies close to the River Usk and the village of Talybont-on-Usk. The house at Gilestone Farm is Grade II listed. The former stables, part of this application are considered to be curtilage listed buildings, due to their close proximity to the listed house. The numbering below refers to the same numbering as submitted, to avoid confusion:- i) Area 4 -- is a metal-framed modern building, measures approx 200sq metres, ii) Area 5 - Existing Stone barn - which has a wooden office pod structure inserted some time ago on the existing mezzanine area, measures approx. 88sq metres, iii) Area 6 - Former stables (southern part), measures approx. 19sq metres, iv) Area 7 - Former stables (northern part), measures approx. 64sq metres v) Area 3 -hardstanding area deleted from the proposed development

Access to the site is gained from the main track serving the farm which extends to approximately 650m long, to the east of the farm complex which reaches the unclassified county highway the U0530, which lies south of the A40 trunk road.

The site lies in the open countryside as defined by the LDP Proposals Map.

The site lies on the edge of a landscape of historic interest - the Middle Usk Valley:Brecon and Llangorse as designated by Cadw.

To the south west of the site is a Site of Importance for Nature Conservation - Gilestone farm Wood SINC, and much of this is also Ancient Semi-Natural Woodland.

A public footpath known as 29/34/1 lies along the canal towpath to the south west of the site.

The nearest residential properties are located over 150 metres from the site within the village of Talybont on Usk.

Policy Context The application has been considered against the adopted policies of the Brecon Beacons National Park Authority Local Development Plan (2013) along with the comments made by other interested parties and the following National Guidance:-

RELEVANT POLICIES Planning Policy Wales (PPW 2016) Environment Act 1995 Natural Environment & Rural Communities Act 2006. Conservation of Habitats & Species Regulations 2010 Technical Advice Note 6 - Planning for Sustainable Rural Communities Technical Advice Note 12 - Design Technical Advice Note 5 - Nature Conservation Technical Advice Note 6 - Planning for Sustainable Rural Communities

Brecon Beacons National Park Authority Local Development Plan Policy 1 - Appropriate development in the National Park Policy SP3 - Environmental Protection - Strategic Policy

Page 85 Policy 3 - Sites of European Importance Policy 4 - Sites of National Importance Policy 6 - Biodiversity and Development Policy 7 - Protected and Important Wild Species Policy 12 - Light Pollution Policy 15 - Listed buildings Policy 17 - The siting of Listed Buildings Policy 23 - Sustainable Design in the Adaption and Re-use of Existing Buildings CYD LP1- Enabling Appropriate Development in the Countryside Policy SP12 - Economic Wellbeing

Impact on the character and appearance of the area. Policy 1 of the LDP is an overarching policy, criterion (i) of which seeks to ensure that the scale, form, design, layout, density, intensity of use and use of materials of any development, would be appropriate to the surroundings and will maintain or enhance the quality and character of the Park's natural beauty, wildlife, cultural heritage and built environment. Criterion (ii) seeks to ensure that developments are integrated into the surrounding landscape through planting and appropriate management of native species and creation of appropriate boundary features as necessary.

The site of the application is located in the open countryside and within the Special Landscape Area 14 (Wye Valley Foothills) as defined in the LDP. The overall strategy in this landscape character area is to conserve and enhance this agricultural and historic landscape, retaining the quality of settings to settlements, and accommodating development and recreation sensitively without compromising its special qualities. The Strategy also seeks to appropriately manage and maintain historic features and built/designed heritage, and respect their settings. Recreational facilities and new development should be sensitively accommodated within the landscape. The area remains an attractive foreground to views from higher land, and views from within the area remain free from intrusive modern development. The management guidelines include minimising visual impacts on this area of any developments within or outside the National Park boundary, ensuring that new developments are well designed and sited.

The site lies within the Usk Valley which is characterised by steeper sloping well wooded valley sides to the west and east. The historic landscape patterns are generally well preserved with few detracting influences, with moderate levels of tranquillity over much of the area. Views of the area are highly visible from long distance views, due to the open plain of the Usk Valley and the low level of tree cover.

In considering the impact on the character and appearance of the area, there are limited views of the site from points adjacent to the site, nearby residential properties and from the PROW along the canal towpath as views are largely screened by the existing woodland belts and vegetation along the towpath, from distant views from upper areas of open access land, and recreational rights of way, from higher ground and from cross valley views particularly to the east above the A40 there are panoramic views of the site together with the adjacent area.

The development would involve the re-use of existing traditional agricultural buildings with associated parking provision within the existing farm complex at Gilestone and a small amount of works required to the hedgerow of the existing access onto the unclassified county highway. In view of the form and small scale nature of the development it is considered that the impact on the character and appearance of the area would therefore be minimal and it

Page 86 would not detract from the special landscape qualities of the area.

It is therefore concluded that the proposed development would comply with the provisions of Policy 1 and Policy CYD LP1 of the Brecon Beacons National Park Local Development Plan.

Impact on the character and appearance of the historic landscape and listed buildings PPW recognises the importance of protecting the historic environment and states at Para 6.5.9 that: Where a development affects a Listed Building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses" which reflects Section 66 of the Planning (Listed Building and Conservation Areas) Act 1990 (as amended).

Policy 17 of the LDP states that development proposals which would adversely affect the setting of a listed building will not be permitted.

Policy 21 Historic Landscapes states that `Development which directly or indirectly either alone or in combination affects those areas listed within Part 2 of the 'Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales' will only be permitted if the essential integrity and coherence of the area, as defined in the Register, is preserved or enhanced.

It is considered that due to the small scale nature of the proposed development it would not have an adverse landscape or visual impact on the landscape of historic interest - the Middle Usk Valley: Brecon and Llangorse as designated by Cadw.

The former stable building is considered to be part of the original farm range and therefore curtilage listed as part of the Grade II listed heritage asset of Gilestone farmhouse.

The minor alterations incorporated within the proposed development, shown as Areas 6 and 7, relate to the northern and southern parts of the former stable building. In detail the works involve the following matters:- Area 6 - (southern part of former stables) Externally - insertion of a new door and two timber casement style windows in existing openings. Internally - Insertion of kitchen with associated plumbing and a free standing toilet/shower facility which does not extend the full height of the room. Area 7 - (northern part of former stables) Externally - Insertion of two new timber casement style windows and one new timber door within existing masonry pillars. Internally - Insertion of a wood burning stove, with external flue to be painted with a matt black finish.

The Senior Heritage Officer (Building Conservation) has considered the application and made comments detailed above. Whilst it is noted that the works have already been undertaken, the heritage statement has provided clear photographs of areas 6 and 7 of the former stables building in 2012 prior to the works commencing. It is considered that the works have been carried out in a sympathetic manner with repairs undertaken to allow the building to be brought into beneficial use. The application is therefore supported from a built heritage point of view.

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It is therefore concluded that, subject to the imposition of appropriate conditions to secure the finishing of the external materials the proposed development would not detrimentally harm the listed building or the historic landscape and as such is considered to comply with policies 17 and 21 of the LDP along with guidance set out in PPW and Circular 61/96. Impacts on archaeology

Para 6.5.1 of PPW outlines the desirability of preserving archaeological remains and their setting is a material consideration in the determination of planning applications. Similar advice in Circular 60/96 requires Authorities to take into account archaeological considerations at the early stages of development and to be fully informed about the nature and importance of archaeological remains and their setting and the likely impact of any proposed development upon them.

Policy SP3 f) requires all proposals for development or change of use of land or buildings in the National Park to demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of … archaeological features.

The National Park's Heritage Officer (Archaeology) has commented on the application as provided in full above. In summary, it is considered that as there have been no discernible impact to the building fabric of the barns numbers Areas 4 and 5 and only minor alterations to the curtilage listed building numbered Areas 6 and 7, with no intrusive groundworks have been undertaken, or will be undertaken in association with this application, there is no archaeological objection to approval of the application.

It is therefore considered that the proposed development would be consistent with policy SP3 f) of the Local Development Plan as well guidance set out in PPW and Circular 60/96.

Impact on ecology and biodiversity and landscape features To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures.

The Local Development Plan includes a number of policies regarding ecological issues and safeguarding biodiversity as set out in the policy section of the report above.

The following ecological information has been submitted with this application: o Gilestone Farm, Talybont-ar-Usk, Powys - Preliminary Bat Assessment by Ecology Planning dated 23rd June 2016 (Ecology Planning Report Number: 1441 / 01a) o Bat survey of hedgerows at Gilestone Farm, June to September 2012 by Jane Sedgeley, Our beacon for Bats Project Officer dated February 2014

NRW have raised concern that the bat surveys show evidence that unidentified species of bats are roosting in the buildings and that lesser horseshoe bats are known to roost nearby. NRW have advised that due to the retrospective nature of the development and the suitability of the site for use by bats post development, NRW do not consider that the development is likely to be detrimental to the maintenance of the population of the species. However, NRW have advised that further consideration of this matter will be required in the event that the

Page 88 works are deemed unacceptable and remedial works are required.

The NP Ecologist has welcomed the submission of the ecological information which shows that there is bat usage within the buildings and that the proposed development involves no further work to the buildings and that the buildings would still be accessible to bats. The ecological report recommends the provision of additional bat boxes as the biodiversity enhancement scheme.

The NP Ecologist has also advised that details of the mitigation planting should be secured for the small amount of work required to the hedgerow to the north of the existing access in order to improve visibility splays.

Ecological conditions are recommended to secure the implementation of the biodiversity enhancement scheme, the hedgerow mitigation, details of any external lighting and to ensure there are no further works to the structures of the buildings without appropriate bat surveys. It is therefore considered that ecological and biodiversity issues within the proposed development can be appropriately accommodated by the imposition of appropriate conditions as set out above. The proposed development is therefore considered to be consistent with policies SP3, policies 3, 4, 5, 6, 7 and 12 of the Local Development Plan as well guidance set out in PPW.

Conclusion In conclusion, the applicant has demonstrated to the satisfaction of the National Park that the development would not detrimentally harm the listed building or the historic landscape, no intrusive groundworks have been undertaken, or will be undertaken in association with this application and that ecological and biodiversity issues within the proposed development can be appropriately accommodated. It is recommended that the application be approved subject to the imposition of appropriate conditions.

RECOMMENDATION: Permit

Conditions and/or Reasons:

1 The development shall be carried out in all respects strictly in accordance with the approved plans [Drawing nos. NP1v4 (Drwg No. 16/4144/1 ), NP2v1 (Drwg No 16/4144/4), NP3v1 ( Drwg No. 16/4144/5), NP4v1 (Drwg No. 16/4144/3), NP5v1 (Access Plan Drwg No. 16/4144/5) and the details set out in the Design and Access Statement and Heritage Statement dated 15th February 2016 - Ref 4144. 2 Within 3 months of the granting of this planning permission, the biodiversity enhancement scheme as stated in paragraphs 44 and 45 of the ecological report dated 23rd June 2016 shall be implemented in full and maintained thereafter. Following the installation of the approved scheme, a report confirming adequate installation shall be submitted to and approved in writing by the Local Planning Authority. 3 Within 3 months of the granting of this planning permission, a landscape mitigation and enhancement scheme for the roadside hedgerow as shown on approved drawing NP5v1, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include a timetable for its implementation and shall be carried out in full and maintained for as long as the development hereby permitted

Page 89 remains in existence. 4 No external lighting shall be installed until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with wildlife corridors and bat mitigation/enhancement measures and shall be implemented as approved. 5 Notwithstanding the implementation of the biodiversity enhancement scheme, no further works to the roof structures or stone walls are hereby permitted unless preceded by a bat survey at an appropriate time of year. The results of the bat survey and any mitigation measures shall be submitted to the Local Planning Authority for written approval and implemented as approved. 6 Within 3 months of the granting of this planning permission, details of the proposed colour scheme for all external joinery shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out within 3 months of the details being approved and in accordance with the approved details 7 The external flue shown within Area 7 of the planning permission shall be painted matt black.

Reasons: 1 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 2 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 3 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 4 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 5 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 6 To safeguard the character and structural integrity of the curtilage listed building. 7 To safeguard the character and structural integrity of the curtilage listed building.

Informative Notes:

1 Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at:

Page 90 NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000

Page 91 This page is intentionally left blank ENC6Item 4

ITEM NUMBER: 4

APPLICATION NUMBER: 16/13649/FUL APPLICANTS NAME(S): Mr Jo Binns SITE ADDRESS: Great Llwygy Farm Tre-Fedw Road Crucorney NP7 7PE GRID REF: E: 332396 N:222207 COMMUNITY: Crucorney DATE VALIDATED: 19 September 2016 DECISION DUE DATE: 14 November 2016 CASE OFFICER: Mr Matthew Griffiths

PROPOSAL Retention of a mountain bike track and associated engineering works

ADDRESS Great Llwygy Farm , Tre-Fedw Road, Crucorney

Page 93 CONSULTATIONS/COMMENTS

Brecon Beacons Park Society 22nd Aug 2016 I am writing on behalf of the Brecon Beacons Park Society which is an independent organisation with over 800 members that exists to further the enhancement, protection, conservation and enjoyment of the Brecon Beacons National Park. We would like to object to the planning application cited above.

From the submitted plans it is apparent that the cycle tracks cross the Beacons Way at two points, and they also cross the public footpath from Great Llwygy Farm to Strawberry Cottage. The Beacons Way also passes along part of the track used by tractors to carry cycles to the starting point of the cycle tracks. The enjoyment of walkers on this important trail through the National Park is likely to be compromised by this conflicting activity particularly at the point where the path emerges at the top of the hill to reveal the magnificent view of Hatterral Hill and the Black Mountains. We consider that the development, with the number of tracks, the car park for 30 cars and the portable toilet, is contrary to Local Development Plan Policy SP1 in that it does not: a) conserve and enhance the Natural Beauty, wildlife and cultural heritage of the Park; or b) provide for, or support, the understanding and enjoyment of the special qualities of the National Park in a way that does not harm those qualities; Similarly it is contrary to LDP Policy SP3 Environmental Protection which states: All proposals for development or change of use of land or buildings in the National Park must demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of; 1. the special qualities of the national Park as identified in the National Park Management Plan. The first special quality identified is " A National Park offering peace and tranquillity with opportunities for quiet enjoyment, inspiration, relaxation and spiritual renewal." LDP SP 14 and Policies 38, 48, encouraging Sustainable Tourism, Farm Diversification and Outdoor Activity Centres respectively, all stress that such developments must not have a detrimental impact on the surrounding environment and landscape. While we are reluctant to discourage farm diversification we feel that the use of these tracks, besides scarring the countryside and causing visual intrusion, may interfere with the quiet enjoyment of the countryside by walkers. We therefore object to this application.

Brecon Beacons Park Society 3rd Oct 2016 We note that details of this application have been amended. We acknowledge that the Beacons Way has been rerouted and no longer passes through Great Llwygy. However the footpaths remain in place and we continue to believe that the enjoyment of walkers using them is likely to be compromised by this conflicting activity. We therefore maintain our objection to this application and reiterate the points made in our previous letter.

Crucorney Community Council 12th Sep 2016 Re planning application ref. 16/13649/FUL, Great Llwygy Farm, Crucorney Community Council supports the application but feels that the car park serving this site needs appropriate screening.

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Monmouthshire County Council Highways 22nd Aug 2016 No Comment I note that the access to the site off the highway is not included as detail or within the red line of this application.

Notes to Applicant 1. It should be brought to the attention of the applicant that in the event of a new or altered vehicular access being formed, the requirements of Section 184 of the Highways Act 1980 must be acknowledged and satisfied. In this respect the applicant shall apply for permission pursuant to Section 184 of the Highways Act 1980 prior to commencement of access works via MCC Highways.

Monmouthshire County Council Environmental Health 7th November 2016 I refer to the above application for the retention of a mountain bike track.

As discussed in our telephone conversation this afternoon I do not object to this application but recommend that if planning permission is granted that it is subject to a condition stipulating hours of operation to avoid use of the cycle track during very early morning or evening hours when noise (shouting etc) from the cyclists using the track could potentially cause disturbance to residents in the area. I note that the application provides the opening hours as 10am to 6pm Monday – Sundays and can confirm that I have no objection to these hours.

NP Planning Ecologist 17th Oct 2016 A. Planning Policy & Guidance o To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. o The adopted Local Development Plan for the Brecon Beacons National Park includes the following policies regarding ecological issues and safeguarding biodiversity: o SP3 Environmental Protection - Strategic Policy o Policy 3 Sites of European Importance o Policy 4 Sites of National Importance o Policy 5 Sites of Importance for Nature Conservation o Policy 6 Biodiversity and Development o Policy 7 Protected and Important Wild Species o Policy 8 Trees and Development o Policy 9 Ancient Woodland and Veteran Trees o Policy 12 Lighting

B. Legislation o Environment Act 1995 - the first Statutory Purpose of the National Park is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park

Page 95 o The Environment (Wales) Act came into effect in March 2016 - from 21st May 2016, Section 6 requires public authorities to seek to maintain and enhance biodiversity. A list of species and habitats of principal importance in Wales is issued under Section 7. o Conservation of Habitats & Species Regulations 2010 (as amended) - Regulation 9 requires local authorities to take account of the presence of European Protected Species at development sites. If they are present and affected by the development proposals, the Local Planning Authority must establish whether "the three tests" have been met, prior to determining the application. The three tests that must be satisfied are: i. That the development is "in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment". ii. That there is "no satisfactory alternative" iii. That the derogation is "not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range"

C. Comments 1. Thank you for consulting me on the above application. The development proposals are retrospective for the retention of mountain bike tracks; they include engineering works for the creation of jumps, ramps, bridges and tunnels. The tracks pass through woodlands to the west of Great Llwygy Farm. The proposals also include the retention of a timber bridge as well as the provision of an area for car parking, a shed and a portable toilet. 2. The site includes areas of Ancient Woodland as well as more recently planted woodland that was established as part of the "Better Woodlands for Wales" scheme. Land to the west of the site is also designated as a Site of Special Scientific Interest - Strawberry Cottage Wood SSSI. 3. Natural Resources Wales have provided comments to their consultation on the application and have no objection to approval of this application subject to the imposition of planning conditions to secure the submission and implementation of a Landscape and Ecological Management Plan. 4. I have reviewed the documents and amended drawings submitted with the application, which includes the following ecological information: o Black Mountains Cycle Centre - Environmental Statement by Gareth Ellis, The Green Valleys CIC dated June 2015 o Outline of remedial measures proposed to the Recommendations made by the BBNPA Planning Ecologists Report of 18th February 2016 5. I welcome the submission of an ecological report with the application and I note that a walkover survey of the existing tracks was undertaken in June 2015 to assess the habitats present and the impacts of the creation and use of the tracks on biodiversity. The assessment of the area of the existing tracks indicates that in some places there is some damage to tree roots and the recommendations to monitor the impacts and implement mitigation measures are appropriate and welcomed. It is acknowledged that some of the tracks were created at the same time as the woodlands were planted. 6. We have now had opportunity to re-visit the lower part of the site in September 2016. There is still quite a lot of bare earth exposed where works have been undertaken that will be susceptible to mobilisation of silts in surface-water run-off. Stock-proof fencing has been installed and this should help to allow the vegetation and grasslands to recover; however, some additional wildflower/grass seeding is likely to be required. The measures outlined in Section B of the "remedial measures" document will help to reduce the rate of surface water flows and a planning condition should be imposed to ensure they are implemented. I have previously recommended that more detail will be required to clarify the number, dimensions and locations of the pools,

Page 96 but this has not been forthcoming. 7. The lowest sections of the existing tracks pass along the wooded banks of the Afon Honddu and the remedial measures outlined in Section A of the "remedial measures" document state that the site will be monitored and additional seeding applied if necessary; the recommendations in section 7.4 should also be followed to prevent harm. The dormouse enhancement measures outlined in Section C are welcomed. 8. There will be opportunities to accommodate biodiversity enhancement measures across the site and the suggestions in Section 8 of the Environmental Statement are welcomed. The Brecon Beacons National Park Authority is also obliged to seek opportunities for enhancement of SSSIs as required under Section 28G of the Wildlife and Countryside Act 1981 (as amended). The suggestions in Section 8 and the "Remedial measures" document should be formalised into a more-structured Biodiversity Enhancement and Management Plan, which can be secured through an appropriately worded planning condition. The Plan should include a timetable for implementation of enhancement and management measures as well as planting specifications for the proposed woodland areas along the southern section of the tracks. It should also include specific measures for protection and enhancement of the riparian corridor along the Afon Honddu and details of any specific enhancement measures that can be applied to the SSSI. 9. The proposed car parking and shed are in a field of improved grassland and there are no ecological objections to this aspect of these proposals. There will be opportunities for biodiversity enhancement, such as supplemental planting along the hedgerows and potential creation of an area of wildflower grassland.

D. Recommendations

If this application is to be approved, I recommend the inclusion of planning conditions and informative notes to cover the following:

1. The development shall be implemented in accordance with the recommendations in the document "Outline of remedial measures proposed in response to the recommendations made in BBNPA Planning Ecologists Report dated 18th February 2016" and Section 7 of the Environmental Statement dated July 2015. 2. Notwithstanding the above condition, within 3 months of the approval hereby permitted, a Landscape and Biodiversity Enhancement and Management Plan shall be submitted to and approved in writing by the Local Planning Authority and shall be implemented as approved and maintained thereafter. The Plan shall include: a. Grassland restoration of bare slopes adjacent to the tracks b. The use of native species and details of the planting specifications for new woodland areas - the species, sizes and planting densities c. Landscaping around the car parking area d. A timetable for implementation and future management to ensure good establishment e. Provision for monitoring of the site and mechanisms for remediation where appropriate f. Enhancement measures for Strawberry Cottage Wood SSSI that can be accommodated 3. Within 3 months of the approval hereby permitted, a detailed surface water management plan and method statement based on the recommendations in Section B of the document "Outline of remedial measures proposed in response to the recommendations made in BBNPA Planning Ecologists Report dated 18th February 2016" shall be submitted to the Local Planning Authority and shall be implemented as approved. 4. No external lighting shall be installed in association with the development hereby approved.

Page 97 Informative note: 1. Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the implementation and operation of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000

Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP o To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016

NP Planning Ecologist 22nd Aug 2016 Thank you for consulting me on the above application. I understand that you will arrange for us to visit the site in early September - I will therefore provide detailed comments on the application following this, but please let me know if you would like interim comments in the meantime.

NP Rights Of Way Officer 14th Oct 2016 In relation to the above planning application I have a few comments to make given that there are public rights of way in the vicinity of the development.

I am reasonably satisfied with the bridge that crosses over the bridleway to the west of Great Llwygy. I note that, as part of the application, a structural engineer has inspected and reported upon it. The structural engineer has concluded that the bridge is suitable to carry cyclists and does not pose a danger to persons walking below. I note that the track itself lends itself to slowing down cyclists, however, signage to forewarn of the presence of the bridge could be useful. Equally, signage on the bridleway to forewarn of cyclists crossing overhead could also be useful.

I note that to the south and west of Great Llwygy several of the cycling route cross public footpaths, some of these are in close proximity to each other. I would recommend that at these locations, signs are placed on the footpath to warn of cyclists and on the cycle tracks to warn of pedestrians. Any other forewarning to either party would be beneficial.

I would expect such measures to be identified in a risk assessment but there is no suggestion in the planning application that one has been prepared.

Natural Resources Wales/Cyfoeth Naturiol Cymru 31st Aug 2016 If you are minded to grant this application permission we recommend that you attach the following condition. This condition would address significant concerns that we have identified, and we would not object.

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Condition: a detailed Landscape scheme and Landscape and Ecological Management Plan for the site will be submitted and agreed with the Local Planning Authority. The site lies within the Brecon Beacons National Park, and our assessment is that the works which have been carried out are likely to have some adverse landscape and visual impacts due to where the tracks and car park are visible, along with potential for impacts on mature trees due to possible root damage.

We recommend that a detailed scheme is required to demonstrate and ensure that any adverse effects are outweighed by enhanced management. In our view the documents currently submitted do not provide you with sufficient information to show this will be the case.

Guidance on matters within NRW remit 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 at the following link: (https://naturalresources.wales/planning-and-development/planning-anddevelopment/? 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. If the applicant requires guidance on matters within our remit then this can be found on our website at www.naturalresourceswales.gov.uk.

I have received some further advice, regarding Flood Defence Consent.

We recommend that the applicant contacts the Local Authority Drainage Department to determine if a Flood Defence Consent is required for any of the proposed works.

I apologise for not including this information in our letter.

Natural Resources Wales/Cyfoeth Naturiol Cymru 14th Oct 2016 Thank you for consulting Natural Resources Wales on the above application.

We have reviewed the planning application submitted to us, and from the information provided we do not consider that the proposed development affects a matter listed on our Checklist, Natural Resources Wales and Planning Consultations (March 2015): https://naturalresources.wales/planning-and-development/planning-and-development/?lang=en. We therefore do not have any comment to make on the proposed development.

Please note that our decision not to comment does 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.

We trust that the above comments are of assistance however, should you have any queries,

Page 99 please do not hesitate to contact me.

NP Tree Consultant 5th Oct 2016 Thank you for re-consulting me with regards to the above application.

I have reviewed the submitted information, and my comments remain the same as those previously supplied on the 31st August 2016.

NP Tree Consultant 31st Aug 2016 I have reviewed the submitted documents and set out my comments below:

1) The application is for the retention of a mountain bike track (operational since early 2014) and associated engineering works. 2) A separate tree report has not been provided but the trees are mentioned in passing within the Planning and Access Statement document, dated June 2016. 3) Part of the 3 separate downhill mountain bike trails pass through established woodland and more recently planted young woodland 4) Section 3.1 of the planning and access statement states that 19,0000 trees were planted in 1998 - 1999 under a woodland planting scheme). The area in question has been managed under the Better Woodlands for Wales scheme for the last 5 years and is now under the Glastir scheme. 5) The Environmental Statement (June 2015) gives details on the track construction and sections 4.1 - 4.4 state that the trails are shallow surface excavations and bunds routed between existing trees with no evidence of tree felling having taken place. 6) A few of the larger trees on the edges of the trails have had their surface roots exposed by the soil erosion during track use.

It is my opinion that the impact of the 3 downhill trails on the existing trees is minimal, given the wider extent of the mature woodland across Great Llwygy Farm, and the substantial area of recent new planting and proposed new planting as part of the Glastir Scheme.

I therefore have no objections to the proposals.

CONTRIBUTORS Mr David Jackman, Trout Cottage, Llanfihangel Crucorney To BrynarwBob And Lin Forsyth, Crucorney Trout Farm,

Page 100 NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

The application as it is a major development was advertised in the local paper and by the placing of a site notice at the entrance to the site.

One local resident raised objection due to the noise generated at the site noting that there are increased noise level from people shouting and whooping (occasionally using profane language) from 10am in the morning and into the evening. The hillside location was considered to allow the noise to carry to nearby properties. The owner of Trout Cottage has advised that their property extends along the river including their rear garden which they indicate is around 15m from the track. The owner of Trout Cottage runs a bed and breakfast business and they consider that the noise and disturbance will harm their business.

One representation of support was submitted, this considered that the proposal offered jobs and opportunities in a rural area both directly and indirectly. They did not consider that there was any significant visual impact and that the proposal used existing tracks through the woodland and was not significant. They considered that the noise from the site was no worse than the current background noise level.

PLANNING HISTORY App Ref Description Decision Date

15/12513/FUL Retrospective planning permission Application 17th May 2016 for retention of mountain bike Withdrawn tracks (3 No.), associated engineering works and ancillary works.

OFFICER’S REPORT

INTRODUCTION This is an application for retrospective planning permission for the retention of mountain bike tracks and associated engineering works at Great Llwygy Farm, Llanfihangel Crucorney. The applicant indicates that the mountain bike tracks have been operational for over two years.

The proposal is reported to the Planning Access and Rights of Way Committee as its site area is over one hectare and it therefore represents major development as defined in the Town and Country Planning (General Development Procedure) (Wales) Order 2012.

DESCRIPTION OF SITE AND PROPOSED DEVELOPMENT The site takes in a series of parcels of land to the north, west and south of the farm house within the holding known as Great Llwygy Farm. The site is made up of semi-improved grassland and scrub, through areas of established woodland, young planted woodland and open improved grassland. The topography of the site varies and slopes steeply down from a high point in the north of the site to the south. The southern boundary of the site is formed by the Afon Honddu and the Abergavenny to Hereford Railway Line.

Three trails have been constructed at the site and are operational. In general the tracks start

Page 101 in the northern area of the site and run down through the established woodland and end along the farm track at the southern area of the site that leads back to the car park. Each of the tracks is approximately 1600m in length and they cross each other in places. There are some additional loops formed from the main tracks which allow for routes of varying challenges and for riders to "drop in and out" of features if they choose. There are some small directional signs within the site which direct cyclists onto specific named routes. A small parking area has been provided in a field adjacent to the lower end of the route. A portaloo is located adjacent to an existing telecommunications mast located next to the railway line. Cyclists are transported by tractor and trailer using the existing farm tracks.

The purpose built Mountain Bike tracks are generally 1m wide, but can be up to 3m wide in places. Some of the routes use previously developed farm/forestry tracks. A bridge has been constructed over a bridleway that runs from the farm house to the north west and the tracks occasionally cross other public rights of way. A public footpath runs past the farm house. This bridge is 3.3m high, 1.5m wide and 10.5m in length with an 8m ramp at either side. The constructed berms on the tracks range in height from 0.5m to 2m.

There are a group of larger scale features in the southern area of the site. These include the construction of a trail feature to allow for one trail to pass under another, the excavation of tracks, jumps, raised platforms and other works to form tracks. The works to allow the tracks to cross in this area have led to a particularly large trail feature between 3-4m in height and included a pipe with a diameter of around 3m.

The applicant indicates that the woodland at the site was planted with 19,000 native species trees in 1998 - 1999. They also state that many of the tracks through the woodland were created during the planting of the woodland and these have been used as part of the mountain bike tracks.

To the west of the site is the Strawberry Wood Site of Special Scientific Interest (SSSI), Part of this has been included in the site of development. Part of the land remains within the application site and would therefore be subject to a change of use.

PLANNING HISTORY This application has resulted from an enforcement investigation. This identified a need for planning permission for the mountain biking use. The development contains permanent engineered features (such as the more significant trail features). The use is also run commercially with visiting members of the public attending the site. Mountain biking is a recreational activity that can be undertaken in the countryside without the need for planning permission for a change of use. In this case the mountain biking use is associated with a clear material change of use associated with the operational development outlined above and visitors to the site. There is a clear need for planning permission for the development both as a material change of use and for operational development.

The information submitted under the previous planning application which was withdrawn, was a significant issue, particularly how accurately it represented the development at the site. Following the withdrawal of the previous application the applicant submitted a revised and more detailed survey drawing of the track routes, documented the large track crossing feature and also provided a more detailed outline landscaping proposal for the area of the site where the larger features were constructed.

Page 102 The application is supported by individual track plans, together with photographs showing trail features. The photographs show the features include: berms, "table tops", "rollers" and jumps. The individual track plans and photographs were considered reasonable in documenting the development undertaken at the site. General plans showing the form of the trail features have been submitted and these give dimensions of trail features.

It is considered that the information that has been submitted has addressed the shortcomings of the previously considered application.

PLANNING POLICY CONTEXT The following national planning policies are considered relevant to the decision on this application:

Planning Policy Wales (Edition 8, February 2016)

TAN 5: Nature Conservation and Planning (2009) TAN 6: Planning for Sustainable Rural Communities (2010) TAN 12: Design (2016) TAN 13: Tourism (1997) TAN 15: Development and Flood Risk (2004) TAN 16: Sport, Recreation and Open Space (2009) TAN 18: Transport (2007) TAN 23: Economic Development (2014)

The following policies of the Brecon Beacons National Park Authority Local Development Plan 2007-2022 (2013) are considered relevant:

SP1 National Park Policy Policy 1 Appropriate Development in the National Park SP3 Environmental Protection - Strategic Policy Policy 3 Sites of European Importance Policy 4 Sites of National Importance Policy 5 Sites of Importance for Nature Conversation Policy 6 Biodiversity and Development Policy 7 Protected and Important Wild Species Policy 8 Trees and Development Policy 9 Ancient Woodland and Veteran Trees SP10 Sustainable Distribution of Development CYD LP1 Enabling Appropriate Development in the Countryside SP 12 Economic Wellbeing Policy 35 Employment Generating Development Policy 38 Farm Diversification SP 14 Sustainable Tourism Policy 48 New or Extended Outdoor Activity Centres Policy 49 Rights of Way and Long Distance Routes Policy 57 Use of Non Mains Sewerage Solutions Policy 58 Sustainable Drainage Systems SP17 Sustainable Transport Policy 59 Impacts of Traffic Policy 60 Provision for Cycling and Walking

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PRINCIPLE OF DEVELOPMENT Policy CYD LP1 is the appropriate policy for considering the proposed development as it is located outside any recognised settlement. This proposal is considered to fall under criterion 4 as a proposal for farm diversification and criterion 5 as a proposal for tourist attractions or recreational activity. The type of activity that is carried out at the site is a recreational activity that requires a countryside location. The change of use of land to a mixed use of agriculture and mountain biking and the creation of specifically engineered mountain bike tracks are considered to be acceptable in principle in the countryside in accordance with CYD LP1 (5). During site visits there appeared to be some agricultural activity within the applicants holding with sheep present, some weight should be given to this as a diversification project that would help to sustain the farm enterprise. A diversification argument has however not been put forward in supporting information. It is advised that only limited weight can be given to this as the nature of the enterprise is unclear and the relationship between the mountain biking and the farm business is not clear. The proposal is considered to be acceptable in principle in compliance with Policy CYD LP1 (5).

LANDSCAPE AND VISUAL IMPACT The site is situated in picturesque open countryside on the eastern fringes of the National Park. It is identified within the Natural Resources Wales (NRW) Landmap information system to be in the Monnow visual sensory aspect area. This area has the following description:

"Forming part of the broad valley sides of the Monnow and Olchon river valley corridor, it has an exposed character with long views towards Herefordshire in the north and east. These broad valley sides are dominated by mainly permanent pasture to the north with some large- scale fields of arable crops on lower valleys particularly prominent south of Skenfrith. There is a strong structural network of field boundaries, with low intensively managed hedges near the valley floor, merging into mature treelines on steeper slopes. At or near valley heads fields become larger and boundaries are often lost or replaced by more convenient stockproof post and wire fencing. Ancient semi-natural woodland often occurs in small sinuous strips along streams and tributaries which feed into the River Monnow. On higher ground irregular blocks of broadleaf and coniferous woodland dominate steep valley sides and tops. Settlements are small and scattered, usually located on upper valley sides and interconnected by a sparse network of narrow winding lanes."

The site is relatively typical of this visual sensory aspect area and takes in land on the valley side of the River Honddu running down to land on the valley floor along the railway line. The aspect area is assessed as having a high visual / sensory value and is an attractive agricultural landscape within the National Park, which would be sensitive to inappropriate development.

In the more visually sensitive and prominent areas on the steeper slopes above the river the development is well screened by the established woodland and the small scale trail features and use by riders is enclosed and hidden from the wider landscape. The lower areas between the well-established woodland and the parking area are more open. The recent development at the site has created more engineered and relatively large track features such as the jump and track intersections. These larger features are broken up by existing trees and vegetation and the landform in this area helps to integrate them into the landscape. Due to the scale of these features they are more prominent in the landscape and more harmful to the established unspoilt agricultural landscape character of the area than the trails within the woodland. It is in this more open area where the Authority has sought to require additional landscaping

Page 104 proposals from the applicant following the withdrawal of the previous application. This has resulted in the applicant providing additional undertakings to plant and further screen this area.

The presence of cars in the parking area which is shown on the plans are at the bottom of the slope adjoining the end of the farm track is referred to as a concern by the local Community Council (although they do not offer an objection). The car parking is located behind the embankment of the adjoining railway land and this helps to mitigate some of its impact. At present the use is relatively small scale and it is not considered that the car parking would be wholly unacceptable in this location. There seems a reasonable prospect to landscape this area and provide screening to the car parking area and help it to integrate better into the wider landscape. Subject to a landscaping condition it is considered that this element of the development can be adequately integrated into the wider landscape. It is also considered appropriate to limit parking of vehicles to the area designated as car park only and to limit the number of vehicles using the car park at any one time to 30. These conditions will ensure that a more intensive use is not undertaken which could be more harmful to the character and appearance of the area and that the parking area is integrated better into the landscape.

The portaloo is located close to a telecommunications mast which is adjacent to the railway line. This feature is removable and with the existing development such as the mast and telecommunications kiosk it is not an unacceptable siting. The siting of the portaloo can be controlled by a planning condition.

The provision of the engineered features particularly the large jump and area where the tracks merge in the open area below the more mature woodland is considered to do some landscape harm. Secondly the car park in the corner of an open field is considered to detract from the current attractive landscape. The applicant owns a relatively large area of land and there is scope to provide additional landscaping. The applicant has submitted an outline of proposed landscaping in support of the application. Natural Resources Wales (NRW) has advised that subject to an appropriately worded planning condition requiring a detailed landscaping scheme and landscape and ecological management plan for the site that the harm that has been identified can be outweighed. It is noted that the Brecon Beacons Park Society has commented on the application and are concerned regarding the landscape and visual impact of the development on walkers and their quiet enjoyment of rights of way. Based on a number of site visits it is considered that the conditions requiring planting and a more detailed landscaping plan will allow for the landscape impact of development to be effectively mitigated.

In terms of visual impact the main vantage points are from public rights of way in the locality. The Beacons Way long distance recreational route formerly crossed the site but this has now been re-routed to avoid the need for pedestrians to cross the railway line. A footpath runs to the south of the farmhouse and a bridleway then runs along a farm / forest track to its north west, which is used for the Tractor Trailer "uplift". The main impact will be from the bridge over the bridleway. The bridge is a route that is used by cyclists to avoid them crossing the track directly. The track layout lowers speeds over this bridge. Based on a site visit when the bridge was being used by cyclists; there is a sense of noise and disturbance to the quiet enjoyment of users of the right of way. This impact is however relatively short lived and would only be an impact when the bridge is in use and a user of the right of way is in very close proximity to it. The right of way that runs to the south of the site is a potential further viewpoint of the development, the screening of trees reduces impact to the northern area,

Page 105 views to the south are more distant to the tracks and there will be limited visibility of the tracks and cyclists in this area due to land form. The visual impact of the development is considered to be acceptable based on site visits assessing vantage points in the locality, any impact would be further reduced by landscaping.

The applicant has provided undertakings to plant and provide screening of the site. The advice of Natural Resources Wales is that a condition could be imposed to allow for an acceptable landscape impact. It is considered that there is a reasonable case to condition the submission of a landscaping scheme to be submitted and implemented within a fixed period from any grant of consent. Subject to a landscaping scheme it is considered that the landscape harm can be appropriately mitigated and the visual impact will be acceptable. The proposal is therefore considered to comply with Policy 1 of the Brecon Beacons National Park Authority Local Development Plan 2007-2022 (adopted 2013).

HIGHWAYS IMPACT The application was referred to the local highways authority, who offered no comments on the application. The access to the wider public highway is located shortly after a railway bridge on a relatively straight section of road and is an existing access serving the existing agricultural business. In light of the advice of the Local Highways Authority that they have no comment on the application, it is considered the development is unlikely to give rise to an unacceptable level of traffic to the site using the existing access and wider highway network. The proposal is therefore in compliance with Policy 59 of the LDP.

ECOLOGICAL IMPACT The application is supported by an ecological assessment and a further statement addressing the concerns raised by the NP Ecologist. A walkover survey of the existing tracks was undertaken in June 2015 to assess the habitats present and the impacts of the creation and use of the tracks on biodiversity. The assessment of the area of the existing tracks indicates that in some places there is some damage to tree roots and the recommendations to monitor the impacts and implement mitigation measures are appropriate and welcomed. It is acknowledged that some of the tracks were created at the same time as the woodlands were planted.

The site was re-visited by the NP Ecologist in September 2016. During this site visit there remained bare earth exposed, which will be susceptible to mobilisation of silts in surface- water run-off. The area of the tracks was fenced and the NP Ecologist noted that this would allow for the vegetation to recover, but noted that some additional wildflower/grass seeding is likely to be required. The NP Ecologist also agreed that the "remedial measures" document submitted in support of the application included appropriate measures to reduce the rate of surface water flows and a planning condition can be imposed to ensure they are implemented. The NP Ecologist noted that further clarification of some of the measures such as the number, dimensions and locations of the pools will also need to be submitted.

The NP Ecologist considered that proposals to monitor and where required seed areas impacted along the wooded banks of the Afon Honddu would be appropriate and prevent harm. Measures to enhance for dormouse were supported. The NP Ecologist agreed in principle with the proposals to take opportunities to accommodate biodiversity enhancement measures across the site.

The Brecon Beacons National Park Authority is also obliged to seek opportunities for

Page 106 enhancement of SSSIs as required under Section 28G of the Wildlife and Countryside Act 1981 (as amended). The suggestions put forward in the application should be formalised into a more-structured Biodiversity Enhancement and Management Plan, which can be secured through an appropriately worded planning condition. Subject to compliance with condition it is considered that the proposal would lead to enhancement of the Strawberry Cottage Wood SSSI.

Subject to the imposition of the recommended conditions it is considered that the proposal will have an acceptable ecological impact and is in compliance with Policies SP3, 3-9 and 12.

TREE IMPACT The application has been reviewed by the NP Tree Advisor who concluded that "It is my opinion that the impact of the 3 downhill trails on the existing trees is minimal, given the wider extent of the mature woodland across Great Llwygy Farm, and the substantial area of recent new planting and proposed new planting as part of the Glastir Scheme." The view of the NP Tree Advisor is agreed with and it is not considered that specific condition is required in relation to tree impact which is also addressed in terms of ecological impact elsewhere in this report.

RESIDENTIAL AMENITY An owner of a nearby property has raised concerns regarding the impact of the proposal on residential amenity. It is also noted that a resident of another residential property close by has written in support of the application.

The objection raised concerns regarding noise due to shouting and whooping as cyclists descend the track and that this can be heard clearly within their property. This dwelling is situated around 175 metres from the site boundary to the south and separated from the site by a field and the Afon Honddu. The other resident has disputed that there is significant impact from users of the site and does not consider that it is considerable or significantly different to the background noise in the area. The application was referred to Monmouthshire County Council Environmental Health, who did not object to the application subject to a condition limiting hours of operation.

The applicant has suggested that they provide route maps and advice to mountain bikers at the site to reduce noise. The application form states that the site is operational between 10:00 and 18:00 and that parking is provided for 30 vehicles. It is considered that subject to a noise management plan and restriction of opening hours that the proposal would have an acceptable noise impact.

The proposal is considered to be in compliance with Planning Policy Wales (Edition 8, 2016) and subject to the conditions identified above would not have an unacceptable impact on amenity.

RIGHTS OF WAY IMPACT The routes of the mountain bike tracks are crossed by public rights of way. The NP Rights of Way Officer has advised that they are reasonably satisfied with the condition of the bridge that crosses over the bridleway to the west of Great Llwygy. The NP Rights of Way Officer has noted that, as part of the supporting material for the application, a structural engineer has inspected and reported upon it. The structural engineer has concluded that the bridge is suitable to carry cyclists and does not pose a danger to persons walking below. The NP Rights

Page 107 of way officer has also noted that the track itself lends itself to slowing down cyclists. The NP Rights of Way Officer has requested that a condition is imposed to ensure that there are appropriate warning signs used to ensure that users of rights of way at the site are aware of cyclists in the vicinity this can be agreed through the use of a planning condition.

Subject to an appropriately worded planning condition it is considered that the proposal will have an acceptable impact on public rights of way and their users.

OTHER MATERIAL CONSIDERATIONS The safety of users of the site remains the responsibility of the developer. It is their responsibility for determining the extent and effects of risk and to ensure that the land is suitable for the development proposed, as a planning authority does not have a duty of care to landowners. Therefore risks to users of the site both pedestrians and cyclists are a matter for the landowner to consider.

CONCLUSION

To conclude the application is retrospective for development located in the open countryside. A mountain bike track is considered to be acceptable in principle and is supported by Policy CYD LP1(5), the proposal where it passes through the woodland areas is relatively acceptable in terms of its impact. In the more open areas there is a more harmful landscape impact from development, but this can be effectively mitigated. Other impacts such as on ecology, public rights of way, residential amenity and highway safety are considered to be acceptable subject to appropriate conditions.

The proposal is considered to be in compliance with policies: SP1, SP3, 3, 4, 5, 6, 7, 8, 9, SP10, CYD LP1, SP12, 35, 38, 14, 48, 49, 57, 58, SP17, 59 and 60 of the adopted Brecon Beacons National Park Authority Local Development Plan (2013) and is recommended for approval.

RECOMMENDATION: Permit

Conditions and/or Reasons:

1 This permission being retrospective as prescribed by Section 63 of the Town and Country Planning Act 1990(as amended) shall be deemed to take effect from 20 July 2016. 2 The development shall be carried out strictly in accordance with the plans stamped as approved. (drawings: untitled location plan dated received 19 September 2016 (NP1v2); TRAIL/01/B (NP2v1); TF Figure 6 (NP3v1); TF Figure 7 (NP4v1); untitled trail feature drawing dated received 28 July 2016 (NP5v1); elevational drawing of bridge (NP6v1)) 3 The development shall be implemented in accordance with the recommendations in the document "Outline of remedial measures proposed in response to the recommendations made in BBNPA Planning Ecologists Report dated 18th February 2016" and Section 7 of the Environmental Statement dated July 2015. 4 Notwithstanding the requirements of condition 3, within 3 months of the date of this planning permission, a Landscape and Biodiversity Enhancement and Management

Page 108 Plan shall be submitted to and approved in writing by the Local Planning Authority (the plan shall include details of implementation and maintenance) and shall be implemented as approved and maintained thereafter. The Plan shall include: a. Grassland restoration of bare slopes adjacent to the tracks b. The use of native species and details of the planting specifications for new woodland areas - the species, sizes and planting densities c. Landscaping around the car parking area d. A timetable for implementation and future management to ensure good establishment e. Provision for monitoring of the site and mechanisms for remediation where appropriate f. Enhancement measures for Strawberry Cottage Wood SSSI that can be accommodated. 5 Within 3 months of the date of this decision a detailed surface water management plan and method statement based on the recommendations in Section B of the document "Outline of remedial measures proposed in response to the recommendations made in BBNPA Planning Ecologists Report dated 18th February 2016" shall be submitted to the Local Planning Authority and shall be implemented as approved. 6 No external lighting shall be installed in association with the development hereby approved. 7 One portable toilet only shall be located within the site of development within the location identified on drawing TRAIL/01/B (NP2v1). 8 Users of the mountain bike track shall park motor vehicles within the area identified for car parking on drawing TRAIL/01/B (NP2v1) only and no more than thirty vehicles shall be parked within the car park at any one time. 9 Within 3 months of the date of this decision a scheme for noise management shall have been submitted for the written approval of the local planning authority and the said scheme shall include a timetable for its implementation. The noise management measures shall be implemented as approved. 10 Within 3 months of the date of this decision a scheme to mitigate the impact of the proposal on public rights of way (to include appropriate signage where mountain bike tracks cross rights of way) shall have been submitted for the written approval of the local planning authority and the said scheme shall include a timetable for its implementation. The noise management measures shall be implemented as approved.

Reasons:

1 To comply with Section 63 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 comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 4 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of

Page 109 Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. To ensure that the development is appropriately landscaped to ensure that the development at the site is integrated into the wider landscape in accordance with Policies SP1 and 1 of the adopted Local Development Plan for the BBNP. 5 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 6 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 7 To define the nature of the development. 8 To ensure that the development has an acceptable landscape and visual impact in accordance with Policies SP1 and 1 of the adopted Local Development Plan for the BBNP. 9 In the interests of the residential amenity of nearby residents in accordance with National Planning Policy within Planning Policy Wales (Edition 8, 2016) 10 In the interests of users of public rights of way which cross the site.

Informative Notes:

1 Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the implementation and operation of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000

Page 110 ENC6Item 5

ITEM NUMBER: 5

APPLICATION NUMBER: 16/13827/FUL APPLICANTS NAME(S): Powys County Council SITE ADDRESS: Land off Hay Road, Talgarth

GRID REF: E: 315384 N:234233 COMMUNITY: Talgarth DATE VALIDATED: 29 July 2016 DECISION DUE DATE: 23 September 2016 CASE OFFICER: Mr Ryan Greaney

PROPOSAL Construction of primary school and associated works

ADDRESS Land off Hay Road, Talgarth

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CONSULTATIONS/COMMENTS

CADW Ancient Monuments 14th Oct 2016 Thank you for your letter of 27 September 2016 inviting our comments on the planning application for the proposed development as described above. Our statutory role in the planning process is to provide the local planning authority with an assessment concerned with the likely impact that the proposal will have on scheduled monuments, registered historic parks and gardens, registered historic landscapes where an Environmental Impact Assessment is required and development likely to have an impact on the outstanding universal value of a World Heritage Site. It is a matter for the local planning authority to then weigh our assessment against all the other material considerations in determining whether to approve planning permission, including any issues concerned with listed buildings and conservation areas. Applications for planning permission are considered in light of the Welsh Government's land use planning policy and guidance contained in Planning Policy Wales (PPW), technical advice notes and circular guidance. PPW explains that the desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application whether that monument is scheduled or not. Furthermore, it explains that where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. Paragraph 17 of Circular 60/96, Planning and the Historic Environment: Archaeology, elaborates by explaining that this means a presumption against proposals which would involve significant alteration or cause damage, or which would have a significant impact on the setting of visible remains. PPW also explains that local authorities should protect parks and gardens and their settings included in the first part of the Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales. The application area is located some 500m to the southeast of scheduled monument BR008 Bronllys Castle. The monument comprises the remains of a medieval castle built around the late eleventh or very early twelfth century. Bronllys occupies a commanding position above the confluence of the Dulais Llynfi and Ennig rivers. The original castle consisted of a motte up to 8m high with inner and outer baileys. The castle had wooden defences and buildings and was erected soon after the Norman conquest of this part of Brecknock. The castle was rebuilt in stone with the most important surviving feature being the circular stone tower on the motte. It was battered at the base, and was entered by a wooden staircase at first-floor level. The interior had a room on each floor. As noted above the castle was located so that it dominated the confluence of Dulais, Llynfi and Ennig rivers and the routes along their valleys and crossing points. The proposed development will be in the view up the Ennig Valley which is one of the identified significant views and consequently could have an impact on the setting of the scheduled monument. Most of the southerly views from the scheduled monument are now blocked by dense woodland but views would be possible from the top of the stone tower. Although it is not a currently possible to access this vantage point it is still necessary to consider the theoretical impact on this view. The proposed school will be mostly single storey though a central block will be of two storey height. From the top of the tower it will be seen across open fields but will be screened by existing field boundaries and in particular the dense vegetation located on the line of the former railway line that forms the western boundary of the application area. The existing modern developments to the north of Talgarth will be visible in the background of this view. Thus the proposed school will bring the modern development of Talgarth closer to the scheduled monument. Consequently the proposed school will have an adverse impact on the setting of BR008 Bronllys Castle but in our opinion this will be slight.

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Dwr Cymru Welsh Water - Developer Services 12th Oct 2016 We refer to recent amendments made to application 16/13827/FUL, and wish to provide the following comments in respect to the new details proposed.

Our understanding is that the only amendment in relation to drainage refers to the revised surface water route to the outfall as indicated on drawing no. CC1554 CAM 00 00 GA C 103 and 104 revision P2, with no alteration made to the foul water strategy. Therefore on this basis we have no further comment to make and stand by our previous response dated 6 September 2016. However, if our understanding is incorrect, or 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.

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]

Please quote our reference number in all communications and correspondence.

Dwr Cymru Welsh Water - Developer Services 8th Sep 2016 We refer to your planning consultation relating to the above site, and we can provide the following comments in respect to the proposed development.

We would request that if you are minded to grant Planning Consent for the above development that the Conditions and Advisory Notes provided below are included within the consent to ensure no detriment to existing residents or the environment and to Dwr Cymru Welsh Water's assets.

SEWERAGE Conditions Only foul water from the development site shall be allowed to discharge to the public sewerage system and this discharge shall be made at: i. The 375mm foul sewer between manhole reference number SO15341401 and SO15341601 as indicated on the extract of the Public Sewerage Record attached to this decision notice. or ii. another point of connection on the public sewerage system is identified by a hydraulic modelling assessment, which shall be first submitted to and approved by the Local Planning Authority. Thereafter the connection shall be made in accordance with the recommended connection options following the implementation of any necessary improvements to the sewerage network as may be identified by the hydraulic modelling assessment. or iii. Another point of connection on the public sewerage system in conjunction with the delivery of a surface water removal scheme that shall be first submitted to and approved by the Local Planning Authority. Thereafter the connection shall be made following the implementation of the agreed surface water removal scheme. No building shall

Page 113 be occupied until it is served by the approved connection. Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment. No development shall commence until a drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The scheme shall provide for the disposal of foul, surface and land water, and include an assessment of the potential to dispose of surface and land water by sustainable means. Thereafter the scheme shall be implemented in accordance with the approved details prior to the occupation of the development and no further foul water, surface water and land drainage shall be allowed to connect directly or indirectly with the public sewerage system. Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment. Advisory Notes The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com It appears that the site is not crossed by public sewers. However, the applicant is advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

SEWAGE TREATMENT No problems are envisaged with the Waste Water Treatment Works for the treatment of domestic discharges from this site.

WATER SUPPLY Dwr Cymru Welsh Water has no objection to the proposed development.

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]

Please quote our reference number in all communications and correspondence.

NP Heritage Officer Archaeology 13th Oct 2016 National Policy Framework Welsh planning legislation and policy guidance outlines that the desirability of preserving archaeological remains and their setting is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.1).

Page 114 Planning Policy Wales (Edition 8: 2016): Paragraph 6.5.1. 'The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. In cases involving lesser archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development.'

This means that Local Planning Authorities in Wales have to take into account archaeological considerations and deal with them from the beginning of the development control process (WO Circular 60/96 Para. 10), and need to be fully informed about the nature and importance of archaeological remains, and their setting, and the likely impact of any proposed development upon them (WO Circular 60/96, Para. 15).

Welsh Office Circular. Planning and the Historic Environment: Archaeology (60/96)

The Welsh Office published its Circular on Planning and the Historic Environment: Archaeology (60/96) in December 1996. This sets out the Secretary of State's policy on archaeological remains on land, and provides recommendations, many of which have been integrated into Local Development Plans. Paragraph 3 states:

'Archaeological remains are a finite, and non-renewable resource, and in many cases highly fragile and vulnerable to damage and destruction. They are the product of human activity over thousands of years and may vary enormously in their state of preservation and in their appeal to the public…. Appropriate management is essential to ensure that archaeological remains survive in good condition. In particular, care must be taken to ensure that archaeological remains are not needlessly or thoughtlessly destroyed. They are part of our cultural heritage not least in terms of the information they provide about the past, valuable both for their own sake and for their role in education, leisure and tourism.

Development Plan Framework The adopted Local Development Plan sets out the Brecon Beacons National Park's policies and proposals to guide development in the National Park, including Policy SP3 f): 'All proposals for development or change of use of land or buildings in the National Park must demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of … archaeological features'.

LDP. Policy 21 Historic Landscapes Development which directly or indirectly either alone or in combination affects those areas listed within Part 2 of the 'Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales' will only be permitted if the essential integrity and coherence of the area, as defined in the Register, is preserved or enhanced.

Archaeological sensitivity and significance of the site The application site located in a rich archaeological and historic context, within the Middle Wye Valley Landscape of Outstanding Historic Interest. Talgarth is a medieval settlement, with potential earlier origins, perhaps the site of a mother church or Clas of the early medieval era. The town was the centre of a commote, and later hundred, of the same name.

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The proposed development is considered to be within an area of archaeological sensitivity. Within a 100m radius of the application site is located part of the Talgarth Conservation area, a number of buildings of local interest, and a Grade II listed building, The Elms. These are all located to the south of the site, within or at the margins of Talgarth settlement. Historic field boundaries, and the alignment of the Mid Wales section of the Cambrian Railway passes through the western part of the proposed development site. The railway is located on the alignment of an earlier tram road, shown on the early 19th century Tithe map. A late 19th/ early 20th century rifle range is located immediately east of the site.

Within the wider area, the prehistoric Castle Green Standing Stone is located to the west of the site, and the Scheduled remains of medieval Bronllys Castle, possibly located on the site of a pre-Norman Llys, is located on the west bank of the Afon Llynfi. Medieval open field systems and traces of ridge and furrow are known to the east of the site.

As a result of the archaeological sensitivity of the site, an archaeological evaluation was undertaken in order to inform assessment of how the proposed development might impact upon potential archaeological remains.

Twelve evaluation trenches were excavated across the proposed development, in accordance with a WSI submitted by the archaeological contractor and approved by the BBNPA. An evaluation report on the programme of works has been prepared by the archaeological contractor and approved by the BBNPA.

Features were recorded within 3 of the twelve trenches. In total, four ditches were recorded during the fieldwork. One ditch in Trench 7 corresponded with the course of a historic field boundary mapped in the Tithe maps of 1842. This is therefore considered likley to represent a field boundary of post-medieval date.

The evaluation report has proposed that a ditch in trench 8, with a loose topsoily fill could also be of post-medieval date, but this is remains currently unconfirmed. The date and character of the remainder of the features identified on site also remain unconfirmed. Trace quantities of industrial residues and a fragment of whetstone were recovered from the ditches.

The remainder of the ditches are not depicted on any modern or post-medieval cartography covering the site. They may therefore be of ancient origin, potentially of Medieval or earlier date. Their function is currently unknown.

Mitigation Required The evaluation has demonstrated that known archaeological remains survive within this proposed development site. However, it is considered that the applicants have provided sufficient pre-determination information in support of their application to enable informed assessment of the archaeological potential of the site. It is considered that impact of the proposed development upon the archaeological remains present on site can be dealt with post- determination, by a suitably worded condition attached to any permission granted for this application.

A suitable condition to use would be: The developer will ensure that a suitably qualified archaeological contractor is present during the undertaking of any ground works in the development area, so that an archaeological watching

Page 116 brief can be maintained.

The archaeological watching brief will be carried out in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority and must meet the standards laid down by the Institute for Archaeologists in their Standard and Guidance for an Archaeological Watching Brief.

The Local Planning Authority must be informed at least 2 weeks prior to the commencement of the development of the name of the archaeological contractor appointed to undertake the Watching Brief.

A copy of the Watching Brief report shall be submitted to the Local Planning Authority for approval. Following approval, a copy of the report will be submitted to the National Park Archaeologist and the local Welsh Archaeological Trust for inclusion in the Regional Historic Environment Record (HER).

Reason: To ensure that any remains of archaeological significance disturbed in the course of the work are excavated, recorded and reported.

NP Heritage Officer Archaeology 7th Sep 2016 NP Senior Heritage Officer (Building Conservation) 5th Sep 2016

Planning Policy Wales (Edition 8: 2016): Paragraph 6.5.9 recognises the importance of protecting the historic environment and states that: "Where a development proposal affects a Listed Building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses" Paragraph 6.5.17 recognises the importance of preserving or enhancing the character of conservation areas and their setting.

Brecon Beacons National Park Local Development Plan (December 2013)

Policy 1: Appropriate Development in the National Park All proposals for development or change of use of land or buildings in the National Park must comply with the following criteria, where they are relevant to the proposal: i) the scale, form, design, layout, density, intensity of use and use of materials will be appropriate to the surroundings and will maintain or enhance the quality and character of the Park's Natural Beauty, wildlife, cultural heritage and built environment; …..

Policy 17: The Settings of Listed Buildings:

Development proposals which would adversely affect the setting of a listed building will not be permitted.

Policy 19: Development affecting Conservation Areas:

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New development and alterations to existing buildings within or affecting the setting of a Conservation Area will only be permitted where it will preserve or enhance the character or appearance of the area and where the design, all building materials, proportions and detailing are appropriate to the Conservation Area.

Policy 21 Historic Landscapes Development which directly or indirectly either alone or in combination affects those areas listed within Part 2 of the 'Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales' will only be permitted if the essential integrity and coherence of the area, as defined in the Register, is preserved or enhanced.

ASSESSMENT The following comments are written with regard to the heritage and conservation aspects of the proposal.

The site is not within Talgarth Conservation Area but the closest edge of the boundary is approximately 130 metres to the south. A listed building, The Elms (grade II) is approximately 190 metres to the south and an important group of buildings at Porthamel are located approximately 800 metres to the north. Bronllys Castle, a Scheduled Ancient Monument is within 500 metres. The site also lies within the Middle Wye Valley Landscape of Outstanding Historic Interest.

Other than a brief mention of the Middle Wye Valley Landscape of Outstanding Historic Interest, none of the above mentioned historic assets are referred to in the supporting documentation. This is quite a significant development and while there is no direct physical impact to the designated heritage assets, there needs to be an assessment of the potential impact on their setting. This needs to be done before the application progresses any further and is not a piece of work that can be addressed by condition as suggested in the planning statement.

CONCLUSION The applicant needs to provide an assessment of the impact of the proposal on the surrounding heritage assets. The extent of the study area will need to be agreed.

NP Planning Ecologist 7th Sep 2016 A. Planning Policy & Guidance o To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. o The adopted Local Development Plan for the Brecon Beacons National Park includes the following policies regarding ecological issues and safeguarding biodiversity: o SP3 Environmental Protection - Strategic Policy o Policy 3 Sites of European Importance o Policy 4 Sites of National Importance o Policy 5 Sites of Importance for Nature Conservation o Policy 6 Biodiversity and Development o Policy 7 Protected and Important Wild Species

Page 118 o Policy 8 Trees and Development o Policy 9 Ancient Woodland and Veteran Trees o Policy 12 Lighting

B. Legislation o Environment Act 1995 - the first Statutory Purpose of the National Park is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park o The Environment (Wales) Act came into effect in March 2016 - from 21st May 2016, Section 6 requires public authorities to seek to maintain and enhance biodiversity. A list of species and habitats of principal importance in Wales is issued under Section 7. o Conservation of Habitats & Species Regulations 2010 (as amended) - Regulation 9 requires local authorities to take account of the presence of European Protected Species at development sites. If they are present and affected by the development proposals, the Local Planning Authority must establish whether "the three tests" have been met, prior to determining the application. The three tests that must be satisfied are: i. That the development is "in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment". ii. That there is "no satisfactory alternative" iii. That the derogation is "not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range"

C. Comments 1. Thank you for consulting me on the above application. The development proposals are for the construction of a new primary school and associated works including a new access. The site is currently agricultural land to the north of Talgarth and has been allocated for development in the LDP. 2. I have visited the site and reviewed the documents and drawings submitted with the application, which includes the following ecological information: o Ecological Appraisal Report - Land at Talgarth, Powys - On behalf of Willmott Dixon Construction Ltd by RPS dated July 2016 3. I welcome the submission of the ecological report with the application and I note that an initial survey of the site was undertaken in May 2016. The applicants should note that the Section 40 duty and Section 42 lists under the NERC Act 2006 have been superseded by the Section 6 duty and Section 7 lists under the Environment (Wales) Act 2016 - any new version of the ecological report should address this amendment. 4. The site is 450 metres to the east of the Afon Llynfi, which is designated as part of the River Wye Site of Special Scientific Interest (SSSI) and Special Area of Conservation (SAC). This is some distance from the site; direct impacts on the designated site are not anticipated and provided that pollution prevention measures are adhered to during the construction phase and an acceptable surface water drainage strategy is imposed, it can be concluded that there are no Likely Significant Effects on the River Wye SAC. This conclusion is subject to the consultation response regarding these development proposals from Natural Resources Wales. 5. The site is species-poor, semi-improved grassland with limited botanical diversity or interest. The main biodiversity features at the site are the two veteran oak trees within the open field, the wooded corridor along the disused railway corridor (along the western boundary of the site) and the roadside hedgerow. The hedgerow along the northern boundary has been recently translocated to this location; this was a recently planted hedgerow which was not on a historic boundary line and was not evident on aerial photos from 2000.

Page 119 6. Further surveys to ascertain the presence of bats were carried out in May, June and July and included tree-climbing surveys of the two veteran oak trees within the site as well as transect surveys around the site. It appears that the northern tree may be occasionally used as a roost by pipistrelle bats. Other species, including occasional lesser horseshoe bats, were recorded commuting and foraging along the western and roadside boundaries. The trees, the western boundary and most of the roadside boundary are to be retained within the development proposals. 7. The hedgerows are likely to support nesting birds during the spring and summer. There is also potential for slow worms to be present as there are records for this species at other locations in Talgarth. It is considered unlikely that dormice will be present in the roadside hedgerow; however, there are also nearby records for this species. The recommendations in the ecological report are appropriate to ensure avoidance of harm to dormice, reptiles and nesting birds. The proposed site layout has limited additional planting to compensate for the loss of hedgerow. The proposed "habitat" or nature area adjacent to the western boundary is welcomed, but supplemental hedgerow planting along the northern boundary would be beneficial; this could also include a few hedgerow trees. A detailed landscaping scheme and management plan can be secured though an appropriately worded planning condition. 8. The management of surface water on the site is addressed in the FCA and Drainage Strategy document; some sustainable drainage features can be used at the site, but a surface attenuation pond is not possible. A detailed Sustainable Drainage Scheme (SuDS) should be secured through an appropriately worded planning condition. This will need to include oil interceptors for the car parking areas as the drainage channels that are to be utilised are ultimately tributaries of the River Wye Special Area of Conservation (SAC) - the River Llynfi is part of the designated site. The Pollution Prevention Plan is welcomed; a final and detailed version of this document can be secured through an appropriately worded planning condition. 9. It will be important to ensure that any external lighting is of an appropriate design and sensitively located to avoid light-spill towards bat roosting areas or wildlife corridors. The details of external lighting do not appear to have been submitted with the application. It is hoped that lighting will be on timers and motion-sensitive; there should be limited need for lighting on the western side of the building. It will also be important to ensure that there is no light-spill to the canopies of the mature trees. 10. There will be opportunities to accommodate biodiversity enhancement measures and the proposed accommodation of bat tubes in the new school building is welcomed.

D. Recommendations If this application is to be approved, I recommend the inclusion of planning conditions and informative notes to cover the following issues:

1. Prior to commencement of development works, a Construction and Environmental Management Plan (CEMP) and full working method statement shall be submitted to the Local Planning Authority and shall be implemented as approved. Construction measures and the method statement shall incorporate the recommendations in Section 5 of the ecological report dated July 2016. The CEMP shall also include a detailed and final Pollution Prevention Plan based on the Version 1.0 document submitted. 2. The biodiversity enhancement scheme shall be undertaken and/or installed prior to the first beneficial use of the development hereby approved, in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. Following the installation of the approved scheme, a report confirming adequate installation shall be submitted to the Local Planning Authority. 3. Prior to the commencement of the development a Landscaping and Ecological

Page 120 Management Plan that shall include use of native species shall be agreed with the Local Planning Authority. The scheme shall be implemented in the first planting season following implementation of the development and shall include provision for the long-term management of the landscaping and ecology of the site. The plan shall include details of the planting specifications - the species, sizes and planting densities - and a timetable for implementation and future management to ensure good establishment. 4. Prior to the commencement of development, a detailed surface water drainage strategy shall be submitted to the Local Planning Authority for written approval and shall be implemented as approved. 5. No external lighting shall be installed until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with wildlife corridors and bat mitigation/enhancement measures and shall be implemented as approved.

Informative note: 1. Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000

Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP o To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016

NP Planning Ecologist 18th Oct 2016 Thank you for re-consulting me on the above application. I have previously provided comments in a Memorandum dated 6th September 2016; please refer to these comments for recommended planning conditions.

Now that the BBNPA has received the final drainage strategy and pollution prevention measures documents, a Test of Likely Significant Effects on the River Wye SAC can be undertaken. The results of this TLSE should be sent to NRW for confirmation that they are in agreement with the findings.

I hope this is of help - please let me know if you need anything further from me at this time.

NP Strategy And Policy 6th Sep 2016 The development plan for the area is the Brecon Beacons National Park Local Development Plan 2007-2022 (hereafter LDP) which was adopted by resolution of the National Park Authority on the 17th December 2013.

My observations relate to the proposals compliance with the strategy and policy of the LDP.

Proposal The proposal seeks the development of a new school to serve the region of Talgarth.

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LDP Policy Context The proposal is located within the Key Settlement of Talgarth as shown on the LDP Proposals Map and on land identified as being in community use. Key Settlements are defined by the LDP as those areas which fulfil a strategic role in serving both their resident population and surrounding settlements. Policy K LP2 sets out the forms of development which are acceptable within Key Settlements, this includes supporting proposals that strengthen and enhance the provision of community facilities (criterion 5). It is the view of Strategy and Policy that this proposal will act to strengthen existing community facilities to the benefit of the Town.

Policy 51 of the LDP provides further detail in relation to the Development of New or Extended Facilities. This policy sets out that

Proposals for new, or extensions to existing schools, village halls, theatres and other community facilities such as community recreation or sports facilities, will be permitted where: a) The development is located within a defined Settlement Boundary or Settlement Extent as shown on the Proposals Map. OR b) It is proven that there will be no suitable development sites available within a Settlement, the NPA will consider proposals located on Edge of Settlement locations. AND c) The proposal is proven to be necessary to support community sustainability in that location; d) The facility can be proven to be operationally sustainable into the future; and e) The proposal has no unacceptable detrimental effect on the amenity and privacy of existing dwellings, nearby properties or the general public.

Having reviewed the supporting information I am satisfied that the proposed development meets criteria a, c-e. Accordingly Strategy and Policy have no objection to the proposed development.

Recommendation The principle of the development is acceptable in accordance with policy K LP2(5) and Policy 51 of the LDP. Strategy and Policy have no objection to the proposed development.

As always if you have any concerns relating to the contents of my observations, or require additional clarification of any point please do not hesitate to get in contact.

31st Oct 2016 Tthank you for re-consulting me on the above application. Further to my comments of the 20th September 2016, I have reviewed the new information and set out my comments below:

1) The applicant has provided an updated Pollution Prevention Plan by Willmott Dixon with a revised site layout plan in Appendix A. The new site layout plan shows the plant storage and re-fuelling areas as moved away from all trees on site.

2) The revised Flood Consequence Assessment and Drainage Strategy document by Cambria, Setp 2016 has an updated Proposed Drainage Plan (drawing no. CAM 00 00 GA C 103 Rev P2) showing no proposed drainage runs in the vicinity of T1. In addition the proposed foul drainage route through the line of trees to the West will now break through the bank and pass between trees 7 and 8.

Page 122 3) The Tree Protection Plan within the revised tree survey and AIA by RPS has been updated to show the proposed drainage runs, but no CCTV or external lighting service runs are shown. However, paragraph 5.14 p12 does state that it is not anticipated that these service runs will be required within the RPA's of the protected trees.

With the exception of the lack of provision of service run drawings for the CCTV and lighting, the other revisions in response to my previous comments are acceptable.

I recommend that the usual conditions for following the tree protection plan and arboricultural impact assessment are included in any planning permission.

I also recommend that a condition is placed to exclude any CCTV and lighting service runs from being placed within the root protection areas of T1 and T2.

NP Tree Consultant 20th Sep 2016 Thank you for consulting me on the above application. I have reviewed the submitted details and carried out an unaccompanied site visit on the 19th September (see attached photographs). My comments are set out below: 1) The application is for the construction of a primary school and associated works an area of land which is currently agricultural grassland. 2) There are two mature Oak trees within the site (T1 and T2) and a mixed line of mature hedgerow and individual trees along the Western boundary set up on a bank following the line of the disused railway corridor. 3) The applicant has provided a tree survey and arboricultural impact assessment (AIA) by RPS and dated July 2016 which lists 25 trees present on site, of which 2 are category A, 21 are category B, 2 category C, 4 hedgerows and one category U for removal (T22 Elm). 4) A tree protection plan dated July 2016 has also been provided (drawing no. JSL 2645-715). Further tree protection details are set out in Section 6 of the Tree Survey and AIA. 5) It is proposed for T1 (Oak) to be retained and set in the centre of open green space, with T2 (Oak) retained and a new access driveway and parking spaces constructed to the East and South of it, as well as a new boundary fence to the South West. 6) Lighting for the new car parking and CCTV are mentioned in some of the documents, but the locations of this new infrastructure is not shown on any of the plans. 7) The Flood Consequence Assessment and Drainage Strategy document by Cambria, July 2016, includes a proposed drainage plan (drawing no. CAM 00 00 GA C 103) indicating a proposed surface water drainage route around the West and North edges of the root protection area of T1 (Oak) but this has not been shown on the tree protection plan. 8) The proposed foul drainage route passes through the line of trees to the West potentially requiring the removal of some, or all of the trees 8 - 11. Again this has not been shown on the tree protection plan. 9) The Pollution Prevention Plan by Willmott Dixon includes a proposed site layout in Appendix A indicating that the plant storage and refuelling area will be immediately to the West of T2 within its root protection area. 10) The arboricultural impact assessment recommends the use of a 'no dig' construction method for a very small area of new car parking and mini football pitch where these encroach slightly onto the East edges of the root protection areas of T1 and T2.

I have a number of concerns about the proposals, mostly to do with the service layouts for the

Page 123 drainage, lighting and CCTV. I recommend that the applicant supplies a new tree protection plan with all these service routes included and details of how the RPA's will be protected during their construction.

Because of the potential harm to tree roots that can be caused by fuel spillage and the crossing of heavy machinery, under no circumstances should the plant and fuel storage / refuelling area be located anywhere near to T1 or T2. At the moment it is shown across the RPA of T2 and this is unacceptable. The pollution prevention plan proposed site layout should be re-submitted showing a different location for the plant storage and refuelling area.

The AIA has recommended two 'no dig' areas where the proposed car parking and mini football pitch encroach very slightly onto the Eastern edges of the RPA's of T1 and T2. Given the very small areas involved, I think that this will be unnecessary. Providing that the trees are adequately fenced off and protected during the works, I am happy for normal construction methods to be used in these areas instead.

I recommend that the applicant provides the updated information requested above as soon as possible in order for me to provide final comments on this matter.

Natural Resources Wales/Cyfoeth Naturiol Cymru 12th Oct 2016 Thank you for re-consulting Natural Resources Wales (NRW) regarding the above planning application on 27 September 2016.

We have reviewed the additional info received but have no further comments to our previous letter dated 07 September 2016.

Powys County Council Land Drainage Department 10th Oct 2016 Thank you for consulting the Lead Local Flood Authority (LLFA) regarding the above mentioned application. In response, LLFA would make the following comments/recommendations:-

Flood Risk Management Comments: The Flood Consequence Assessment and Drainage Strategy report prepared by Cambria Consulting Limited dated September 2016 has been noted. Having reviewed the report findings the LLFA find these generally acceptable, particularly in relation to flood risk. However, it is important that the detailed design of the proposed surface water drainage system, particularly the function of the attenuation system, is not effected by high level water flow within the River Ennig that may influence or restrict the discharge of surface water at the outlet point, thereby compromising the storage capability of the attenuation tank and causing possible surcharge within the site or elsewhere. Longitudinal sections of the surface water drainage system in relation to water levels within the River Ennig will be required.

Details to show the position and orientation of the outfall structure in relation to the River Ennig will need to be approved prior to commencement on site. This approval shall be secured via an Ordinary Watercourse Consent (Section 23 of the Land Drainage Act 1991) from the LLFA.

Recommendation: No development shall commence until full engineering details/drawings to

Page 124 reflect the recommendations outlined within Cambria Consulting Limited FCA and Drainage Strategy report dated September 2016, have been submitted and approved in writing by the Local Planning Authority. These flood risk/drainage measures shall be functional prior to first occupation of the development.

Reason: To ensure that the proposed development does not compromise the function of the existing waterbody and that any proposed flood risk/drainage measures are fully compliant with regulations and are of robust design.

Surface Water Drainage Comment: This is a Greenfield site. Therefore, proposed surface water flows should be no greater than Greenfield run-off rates in accordance with the principles of TAN15 - Development and Flood Risk and good practice drainage design.

Ground investigations have been undertaken and it has been determined that the use of soakaways for drainage of the school buildings, access road and parking is not feasible due to the poor soil infiltration characteristic of the sub-soil. It is proposed that surface water run-off from these areas will drain to the River Ennig via an attenuation storage facility incorporating a passive flow control device. However, sustainable drainage techniques are being proposed for the drainage of the MUGA, whereby surface water run-off will discharge to a filter drain.

Detailed drainage calculations to limit the discharge rate from the site no greater than the Greenfield run-off rate or maximum 5 l/s rate shall be applied. The attenuation drainage system should be designed so that storm events of up to 1 in 100 year + 30% for climate change are accommodated and will not cause flooding either on site or elsewhere. There must be no discharge to a surface water body that results from the first 5mm of any rainfall event.

No surface water run-off shall flow onto the existing public highway.

Recommendation: No development shall commence until a scheme showing the detailed design for the surface water drainage of the site has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be completed before any part of the development is occupied. The scheme to be submitted shall show foul drainage being connected to the public sewerage system.

These details shall include a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the surface water drainage system throughout its lifetime.

Reason: To ensure that the proposed drainage systems for the site are fully compliant with regulations and are of robust design.

Environment Protection Informative: Foul drainage from the proposed development should be conveyed to the main foul sewer, subject to the agreement by Dwr Cymru Welsh Water. There must be adequate capacity at the receiving sewage treatment works to treat the additional flows. Consent is required from the service provider to connect into the foul main sewer.

Page 125 Hope this is of assistance.

Natural Resources Wales/Cyfoeth Naturiol Cymru 7th Sep 2016 Thank you for consulting Natural Resources Wales (NRW) regarding the above planning application on 17 August 2016. We recommend that you should only grant planning permission if you attach the following condition. This condition would address significant concerns that we have identified and we would not object provided you attach it to the planning permission.

Condition - Landscape The site lies within the Brecon Beacons National Park, and within the Middle Wye Valley Landscape of Outstanding Historic Interest, which is included in the Register of Landscapes of Historic Interest in Wales. Whilst we have no objection in principle to a replacement primary school at this location on landscape grounds, we note that no landscape and visual appraisal or archaeological assessment appears to have been undertaken. We recommend that further consideration is given to the building materials and how they relate to the character of the historic village of Talgarth, which is a feature of the historic landscape and the National Park.

Should you be minded to grant this proposal permission, we recommend the inclusion of a condition requiring the submission of a detailed landscape scheme and a Landscape and Ecological Management Plan.

Foul water discharge We note from page 9 of the Drainage Strategy by Shear Design (their ref: 14193.D100; dated July 2016) submitted for a neighbouring planning application (planning reference 16/13828/FUL ) that it states the following: "There is no public or private foul water drainage system within boundary of the development parcel however, a joint scheme between Powys County Council and local landowners is underway to provide a new 225mm foul sewer to serve the T9, T15 and proposed school development to the north. Design and construction of the foul sewer is being led by Powys County Council and at the time of the producing the report, PCC have advised that the anticipated completion date is for the foul sewer works is circa March 2017. The proposal is for this sewer to be adopted by DCWW."

Whether the foul drainage arrangements are suitable is a matter for the local planning authority to determine. We recommend that you seek confirmation from DCWW that they will adopt the sewer and when. Assessing the Effects of Development on the River Wye SAC Special Area of Conservation (SAC) and) Afon Llynfi Site of Special Scientific Interest (SSSI). We note that a watercourse runs along the northern boundary of the site which eventually flows into the Afon Llynfi Site of Special Scientific Interest (SSSI) and which forms part of the River Wye Special Area of Conservation (SAC). The proposed development would discharge surface water to the watercourse We also refer you to our comments above regarding foul water discharge.

Special Area of Conservation As a Competent Authority for the purposes of the Conservation of Habitats and Species 2010 Regulations (as amended), your Authority must not agree to any plan or project unless you are certain that it will not adversely affect the integrity of a Special Area of Conservation (SAC). We recommend that your Authority carries carry out a test of likely significant effects (TLSE) for the SAC, which is required under Regulation 61 of the Conservation of Habitats and Species Regulations 2010 (as amended). This test applies to impacts on the SAC from the proposed

Page 126 works, either alone or in combination with other plans and projects (in this case the school should be assessed along with the two residential developments).

If the test concludes there is likely to be a significant effect then an appropriate assessment of the impacts on the SAC from the proposed works, either alone or in combination with other plans and projects, will be required. We would be able to assist you with that assessment in our role as the statutory nature conservation body under the above Regulations.

Site of Special Scientific Interest The Wildlife and Countryside Act 1981 (as amended) places a duty on public authorities in exercising their functions, so far as this is likely to affect the flora, fauna, geological or physiographical features of a SSSI, to take reasonable steps consistent with the proper exercise of their functions to further the conservation and enhancement of those features. By satisfying the requirements regarding the SAC, as indicated above, it is likely the requirements for the SSSI will also be met.

Further recommendations Pollution Control We advise the applicant to ensure that appropriate pollution prevention measures are effectively implemented during construction and operation of the development. Although withdrawn, in the absence of any new or published information, we refer the applicant to Pollution Prevention Guidance (PPGs) which provide useful advice on pollution prevention matters, which can be found on the following website: https://www.gov.uk/government/collections/pollution-prevention-guidance-ppg

European Protected Species Please discuss the recommendations in sections 5.3.3-7 of RPS's Ecological Appraisal Report (their ref JER6824; dated July 2016) with your Authority's in-house ecologist. We also refer you to the discussions regarding dormice in relation to the approved residential development to the south (planning reference 14/11355/REM). We recommend that, if you are minded to grant permission for this proposals, an informative note is added to state that should dormice or evidence of dormice be found during works, all works must cease and NRW be contacted for advice.

Guidance on matters within NRW remit 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 at the following link: (https://naturalresources.wales/planning-and-development/planning-anddevelopment/?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. If the applicant requires guidance on matters within our remit then this can be found on our website at www.naturalresourceswales.gov.uk.

Powys County Council Public Protection And Env Health 22nd Aug 2016

Page 127 Thank you for your emailed letter dated the 16th August 2016. The following conditions are recommended.

1. In view of the residential setting of the proposed development it is recommended that before any development commences a Construction Method Statement and Environmental Management Plan shall be submitted to and agreed in writing by the Local Planning Authority in respect of the control of noise and dust during the landscaping and construction phases.

2. In addition it is recommended that the landscaping and construction period working hours and delivery times be restricted as follows:

All works and ancillary operations which are audible at the site boundary shall be carried out only between the following hours:

0800 - 1800 hrs Monday to Friday 0800 - 1300 hrs Saturday At no time on Sunday and Bank Holidays

Deliveries to and removal of plant, equipment, machinery and waste, including soil, from the site must also only take place within the permitted hours detailed above.

Informatives. During construction (including soil movement and landscaping activities) the contractor shall take all reasonable steps to prevent dust formation from dusty activities and any dust formed shall be prevented leaving the site by continuous watering down.

In order to comply with Condition 1 regard should be had to the guidance found in BS 5228 - 'Code of Practice for Noise and Vibration Control on Construction and Open Sites'.

With respect to Condition 2 regard should be had to the provisions of section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction sites.

Powys County Council Public Protection And Env Health 25th Aug 2016 It is noted that the proposed development is situated on land that has railways which are potential contaminative use. In light of this, it will be necessary to condition any future consent so as to ensure that any potential contamination issues are adequately dealt with. I have reviewed the submitted reports and I would recommend that the following condition and note to applicant be applied to any future consent that may be granted.

Condition A Condition 1. Site Characterisation An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons (a contaminated land specialist with proven experience within the contaminated land industry) and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local

Page 128 Planning Authority. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: o human health, o property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, o adjoining land, o groundwaters and surface waters, o ecological systems, o archeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and the WLGA document 'Development of land affected by contamination: a guide for developers' 2012. Item (iii) above should not be submitted until written approval has been obtained from the Local Planning Authority for items (i) & (ii).

Condition 2. Submission of Remediation Scheme A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990, The Contaminated Land (Wales) Regulations 2001 in relation to the intended use of the land after remediation. The detailed remediation scheme should not be submitted until written approval for Condition 1 has been received from the Local Planning Authority.

Condition 3. Implementation of Approved Remediation Scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. The verification report contents must be agreed with the Local Planning Authority before commencement of the remediation scheme.

Condition 4. Reporting of Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 2, which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning

Page 129 Authority in accordance with condition 3.

Condition 5. Long Term Monitoring and Maintenance A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of duration to be agreed in writing with the Local Planning Authority and the provision of reports on the same must be prepared, both of which are subject to the approval in writing of the Local Planning Authority. Within six months following the completion of the measures identified in that scheme and the achievement of the remediation objectives, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority. This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. Reason (common to all): To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors [in accordance with policy ____ of the adopted Local Plan (date)]. Note to Applicant Potential Contamination The Council's guidance leaflet on the development of sites with potential land contamination is attached. Further advice on compliance with this condition may be obtained by contacting the Environmental Health Service on 0870 1923757.

Ramblers Association Powys 24th Oct 2016 Thank you for the opportunity to comment on this application.

The proposed development does not appear to include any rights of way and we have therefore no comment to make on this application.

Talgarth Town Council 24th Oct 2016 The Town Council cannot support this application in its present state. The main concerns are about pedestrian safety and the footways to and from the proposed school. The Town Council would like the following three points addressed and remedied. o The A479 footway from Bronllys to Talgarth o Traffic calming on the A4078 approaching the School entrance from north. o The absence of a footway from the A4078 junction with Hay Road to Kings Drive.

The applicant's traffic and transport reports seem to be unaware that the new school plans are part of a concurrent larger development, which includes a housing estate of 42 houses. This estate will adjoin the School and the Surgery and will be on the same side of the A4078 with its entrance just 50 meters from the school's entrance. For some reason there is no development brief.

The applicant's Design and Access statement (DAS), including their Transport Statement and their Travel Plan do not seem to acknowledge the above facts. As there has been no development brief for the whole scheme it becomes evident that the new school is being thought of as an isolated development. One of the consequences is the failure of the reports to incorporate or take on board the extra amount of traffic and pedestrian movements, which this

Page 130 new housing estate of 42 homes will generate.

A479 (trunk road) footway between Bronllys and Talgarth

At point 4.1 of the Transport Plan the report states its "Goals" for the School Travel Plan (STP) o Discourage use of cars for traveling to school especially within walking threshold o Promote and upkeep of safe walking routes - footways and hedge cutbacks

The report at 2.4 endorses the use of the above footway. The Town Council feels that nobody in their right mind would encourage their children to use this footway along the trunk road between Bronllys and Talgarth. It is simply sub-standard and unsafe. The footway is less than 90cms in width in parts and no wider than a meter in others. It is also very uneven and on many sections it slopes into the trunk road at a considerable angle. Pedestrians have difficulties in passing each other or pushing a buggy without veering into the road. You can't walk side by side and if you step back you could easily fall or be sucked into the road by the draft of an articulated lorry. This is a single file footway and it is unfit for purpose.

Recommendation This footway needs major reconstruction, which is unlikely to be possible. However at the beginning of the Hay Road development the owner /developer offered to facilitate a footway/cycle track on the other side of the river to run parallel with the existing footway. This would be over his land and it would connect through to the housing estate and school. Obviously this would be the ideal solution, but the offer seems to have evaporated. Perhaps your Authority could possibly make this a condition and negotiate the terms?

Otherwise the Town Council firmly believes that the School Travel Plan should positively discourage anyone from using the A479 footway. It should be a no go area. Instead Powys County Council could make transport arrangements for those pupils living in Bronllys and on the Bronllys road.

Hay Road, unsafe without extended footway Both the Transport Statement and Travel Plan acknowledge at 2.3 that there is no footway from Kings Drive to the Hay Road /A4078 junction, (which is opposite the school entrance). This is the most obvious and shortest route for any pedestrian travelling between the school and the two housing estates of Woodlands Avenue and Bryn Derwen. No account is made in the above reports about the hazards and dangers of not providing a footway along this stretch. The distance is about 200 yards.

At 2.14 of the Transport Statement the applicant states that the above junction of the Hay Road and the A4078 is "safe", on the rather tenuous grounds of their having been no recorded accidents to date. With the benefit of a site visit it takes no imagination to see that this junction, with its sharp bend and the stretch of road to Kings Drive is highly hazardous and unsafe for pedestrians, especially children. How would this practice be policed to prevent parents or children using this convenient and more direct route?

Recommendation The Town Council consider it of upmost importance that a footway is made between the Hay Road / A4078 junction and Kings Drive and that this is firmly included in the plans and conditions.

Page 131 Traffic Calming. School Entrance / Hay Road Junction.

The Traffic Statement at 2.10 mentions the approach on the main road (A4078) to the school from the North. The 30 mph speed limit is 50 meters from the school entrance and about 40 meters from the Hay Road Entrance. Therefore the national speed limit of 60mph will have to be reduced to 20 mph in a very short space. The Traffic report does not acknowledge the severity of this situation. The Town Council cannot see how this speed reduction can be achieved without serious thought and measures.

Recommendation It is thought that a roundabout at the Hay road junction would probably be the most effective method of traffic calming. The land seems available and it is in Powys County Council ownership.

Conclusion The Town Council reiterates that it does not support this application unless the above is fully addressed and remedied. The Town Council trusts that your officers will address the above issues directly with Powys County Council, Highways and the Consultants. The Town Council would also appreciate if your authority could keep us fully informed of any progress on these matters and when it comes to the officer's report that all our above points are answered in full

The Town Council feels strongly about these matters, as it is very evident that the above locations are places where accidents are being left in waiting. These are likely to involve children and more than likely fatalities.

Talgarth Town Council 19th Sep 2016 The Town Council cannot support this application in its present state. The main concerns are about pedestrian safety and the footways to and from the proposed school. The Town Council would like the following three points addressed and remedied. o The A479 footway from Bronllys to Talgarth o Traffic calming on the A4078 approaching the School entrance from north. o The absence of a footway from the A4078 junction with Hay Road to Kings Drive.

The applicant's traffic and transport reports seem to be unaware that the new school plans are part of a concurrent larger development, which includes a housing estate of 42 houses. This estate will adjoin the School and the Surgery and will be on the same side of the A4078 with its entrance just 50 meters from the school's entrance. For some reason there is no development brief.

The applicant's Design and Access statement (DAS), including their Transport Statement and their Travel Plan do not seem to acknowledge the above facts. As there has been no development brief for the whole scheme it becomes evident that the new school is being thought of as an isolated development. One of the consequences is the failure of the reports to incorporate or take on board the extra amount of traffic and pedestrian movements, which this new housing estate of 42 homes will generate.

A479 (trunk road) footway between Bronllys and Talgarth

At point 4.1 of the Transport Plan the report states its "Goals" for the School Travel Plan (STP)

Page 132 o Discourage use of cars for traveling to school especially within walking threshold o Promote and upkeep of safe walking routes - footways and hedge cutbacks

The report at 2.4 endorses the use of the above footway. The Town Council feels that nobody in their right mind would encourage their children to use this footway along the trunk road between Bronllys and Talgarth. It is simply sub-standard and unsafe. The footway is less than 90cms in width in parts and no wider than a meter in others. It is also very uneven and on many sections it slopes into the trunk road at a considerable angle. Pedestrians have difficulties in passing each other or pushing a buggy without veering into the road. You can't walk side by side and if you step back you could easily fall or be sucked into the road by the draft of an articulated lorry. This is a single file footway and it is unfit for purpose.

Recommendation

This footway needs major reconstruction, which is unlikely to be possible. However at the beginning of the Hay Road development the owner /developer offered to facilitate a footway/cycle track on the other side of the river to run parallel with the existing footway. This would be over his land and it would connect through to the housing estate and school. Obviously this would be the ideal solution, but the offer seems to have evaporated. Perhaps your Authority could possibly make this a condition and negotiate the terms?

Otherwise the Town Council firmly believes that the School Travel Plan should positively discourage anyone from using the A479 footway. It should be a no go area. Instead Powys County Council could make transport arrangements for those pupils living in Bronllys and on the Bronllys road.

Hay Road, unsafe without extended footway

Both the Transport Statement and Travel Plan acknowledge at 2.3 that there is no footway from Kings Drive to the Hay Road /A4078 junction, (which is opposite the school entrance). This is the most obvious and shortest route for any pedestrian travelling between the school and the two housing estates of Woodlands Avenue and Bryn Derwen. No account is made in the above reports about the hazards and dangers of not providing a footway along this stretch. The distance is about 200 yards.

At 2.14 of the Transport Statement the applicant states that the above junction of the Hay Road and the A4078 is "safe", on the rather tenuous grounds of their having been no recorded accidents to date. With the benefit of a site visit it takes no imagination to see that this junction, with its sharp bend and the stretch of road to Kings Drive is highly hazardous and unsafe for pedestrians, especially children. How would this practice be policed to prevent parents or children using this convenient and more direct route?

Recommendation The Town Council consider it of upmost importance that a footway is made between the Hay Road / A4078 junction and Kings Drive and that this is firmly included in the plans and conditions.

Traffic Calming. School Entrance / Hay Road Junction.

Page 133 The Traffic Statement at 2.10 mentions the approach on the main road (A4078) to the school from the North. The 30 mph speed limit is 50 meters from the school entrance and about 40 meters from the Hay Road Entrance. Therefore the national speed limit of 60mph will have to be reduced to 20 mph in a very short space. The Traffic report does not acknowledge the severity of this situation. The Town Council cannot see how this speed reduction can be achieved without serious thought and measures.

Recommendation It is thought that a roundabout at the Hay road junction would probably be the most effective method of traffic calming. The land seems available and it is in Powys County Council ownership.

Conclusion The Town Council reiterates that it does not support this application unless the above is fully addressed and remedied. The Town Council trusts that your officers will address the above issues directly with Powys County Council, Highways and the Consultants. The Town Council would also appreciate if your authority could keep us fully informed of any progress on these matters and when it comes to the officer's report that all our above points are answered in full

The Town Council feels strongly about these matters, as it is very evident that the above locations are places where accidents are being left in waiting. These are likely to involve children and more than likely fatalities.

Please acknowledge safe receipt of this letter.

Welsh Government Transport Department 12th Oct 2016 I refer to your consultation of 27 September 2016 regarding the above application and advise that the Welsh Government as highway authority for the A479 trunk road does not issue a direction in respect of this application. If you have any further queries, please forward to the following Welsh Government Mailbox [email protected].

Welsh Government Transport Department 7th Sep 2016 I refer to your consultation of 17 August 2016 regarding the above application and advise that the Welsh Government as highway authority for the A479 trunk road directs that permission be withheld until further notice while additional information is sought from the applicant and/or information provided by the applicant is analysed to enable appropriate highway observations to be made; 1. The applicant must extend the scope of the Transport Assessment to include the Junction of the A479 and the A4078 so that traffic movements at the junction can be analysed.

If you have any further queries, please forward to the following Welsh Government Mailbox [email protected].

Wales And West Utilities 5th Oct 2016 Wales& West Utilities acknowledge receipt of your notice advising us of your planning application.

Page 134

Please find enclosed a copy of the requested plan and our general conditions for guidance. The plan must be printed in A3 size and will also need to be produced in colour. A hard copy is available upon request.

Gas pipes owned by other GT's and also privately owned may be present in this area. You must not build over any of our plant or enclose our apparatus.

Any questions please let me know. Thanks

Wales And West Utilities 2nd Sep 2016 Gas pipes owned by other GT's and also privately owned may be present in this area. You must not build over any of our plant or enclose our apparatus.

CONTRIBUTORS Mr And Mrs Stephens, Great House Farm, Talgarth, Peter And Elaine Starling, The Elms, Bronllys Road

PLANNING HISTORY App Ref Description Decision Date

16/13828/FUL Proposed residential development Pending with associated infrastructure and Consideration landscaping

OFFICER’S REPORT

INTRODUCTION This is a Full planning application proposing the development of a primary school to replace the existing school in Talgarth.

The application is being presented to the Planning, Access and Rights of Way Committee on the basis that the scheme constitutes a major development.

According to the documentation submitted with the application, the 21st Century Schools and Education Programme is a collaboration between the Welsh Government (WG), the Welsh Local Government Association (WLGA) and the local authorities in Wales, including Powys County Council. It is a major, long-term and strategic capital investment programme with the aim of creating a generation of 21st century schools in Wales. The programme will focus resources on the right schools in the right places, for early years through to post-16.

The programme is 50% funded by Welsh Government using a combination of capital and revenue funding, with the remaining 50% funding provided by local authorities and others.

The primary aims of the programme are to:

Page 135 - Reduce numbers of poor condition school buildings - Reduce surplus capacity and reduce running costs so as to maximise resources available to target improvements to learner outcomes. - The programme is also able to include proposals that address specific demand for places in Welsh - Medium and Faith Based provision.

For the Gwernyfed Catchment Primary Schools Project, Welsh Government's approval has been received for the Strategic and Outline Business Cases. Powys County Council is now developing the Full Business Case, ready for submission to Welsh Government in November 2016.

The project will see an investment of £23.75 million in constructing new primary schools at: - Hay on Wye - Clyro - Llangors Church in Wales Primary School - Archdecon Griffiths School, Llyswen - New school in Talgarth (following the closure of Talgarth and Bronllys C.P Schools)

SITE DESCRIPTION The application site, which comprises part of a larger field is approximately 2.3 hectares in area. The site lies within the development boundary of Talgarth and is relatively flat in terms of its topography. It is located on the northern edge of the Level 2 Key Settlement and forms part of a mixed use allocation within the Adopted Local Development Plan (Ref: SALT 037) for residential development (application submitted and currently under consideration - ref:16/13828/FUL) and, of course, a new school.

The site is located between the River Ennig and the A479 Trunk Road and the A4078. It is bounded by the land to be developed for housing to the south, open fields and countryside to the north and an undeveloped employment allocation, the depot site and residential dwellings to the east.

PROPOSED DEVELOPMENT This is a full application proposing the development of a new school and associated infrastructure.

The Design and Access Statement that accompanies this application describes the proposal as follows:

Amount The briefing requirements for this new school are as follows: - 150 pupil places (Years 1 to 6) - Plus 40 Early Years places (15 2-3 year olds, 25 3-4 year olds) - A 36 sq.m. Community Room - A 17 sq, m. Library/Store plus support space - Car parking and drop-off provision of 1 space per 3 pupils ie 64 spaces (of which 5% are to be disabled parking spaces) - External playing field provision of 1no. U9/U10 mini-football pitch - 1no. Multi-use games area (MUGA) of 18.5 x 37m - Hard and soft social play space.

Page 136

The building configuration is in line with the design objectives associated with the "model" school ie - a teaching wing consisting of classrooms grouped around a shared multi-functional "Street" space - a Hall/Kitchen wing separated from the teaching wing, which also contains the community and library components for community use - the two volumes are then linked by the reception/entrance space, allowing independent use of the community/hall facilities

Layout and Movement The building is positioned and orientated on the site to ensure that the entrance and community facilities are clearly visible from the pedestrian and vehicular arrival point, ensuring clear wayfinding and orientation for pupils, teachers and visitors. The teaching wing has been positioned to the west of the site, to reduce the impact of any traffic noise from the A4078, thus allowing the natural ventilation strategy to be implemented via openable windows to the classrooms, in line with the sustainability strategy for the project.

The building frontage forms part of the secure line to the school, separating the safeguarded secure play/external teaching area from the public arrival/drop-off zone to the south of the school. Gates in the fences linking the building to the perimeter secure fencing will be managed at pupil arrival and departure times to allow parents to securely deliver their children directly to the classroom base as required. These gates will then be locked for the rest of the day.

The proposed habitat zone can be developed by the school over time, and make best use of the existing mature hedgerow and oak trees on the site.

The Multi-Use Games Area (MUGA) has been positioned to allow it to be used for play at break times, located such that one teacher can supervise play both on the hard surfaces court as well as the adjacent soft play/pitch areas.

Appearance The building is single storey in nature, both to reflect the rural nature of the location and to provide maximum direct access to the external environment for all classrooms. The massing of the building has been arranged to reflect the three different areas of the building, being the teaching wing/Street, the Hall/Kitchen support space and the Community facilities (library and community room). This definition provides legibility to the building and allows each form to be treated appropriately.

The teaching wing, consisting of lower ceiling height spaces, is contained within a shallow pitch simple form with roof lantern features over the central Street, providing high levels of natural light. The Street is also fully glazed at each end, allowing the pupils clear visibility of the external environment and landscape. This wing is clad in fibre-cement weatherboarding to the gable ends (reflecting the rural nature of the location), with simple render and feature panels to the classroom perimeter, with extensive glazing.

The taller volume of the Hall is expressed as a simple brick element, with the lower volume of the community facilities and kitchen wrapped around it, lowering the scale of the building from the approach elevation.

Page 137 The two volumes are linked by a canopy, further reinforcing and defining the entrance into the school. Glazed canopies are provided immediately outside the Foundation Phase classrooms as shown.

Character The building has been designed to respond to the semirural nature of the site, by the use of materials such as red-multi brickwork and weatherboarding. The scale of the building is single storey, with the various masses expressed to further reduce the overall impact of the building within the landscaped site.

Access The fact that the school is single storey ensures that all areas are accessible from a DDA perspective, in line with the 21st Century Schools programme requirements.

There is therefore no requirement for any internal stairs or lifts. Externally, all areas will be linked by DDA-compliant steps and ramps, including access to the MUGA, which will be at a slightly lower level than the adjacent hard play area due to the fall of the land at this point.

Community Safety The safety of pupils, staff and visitors to the site is a fundamental consideration for PCC in the design, layout and operation of its educational facilities. The strategy for ensuring safe and controlled access to the school and its site has been outlined above. The building, being a relatively simple and rectangular form with few indents or recesses ensures that the building form will not provide opportunities for un-authorised gathering or loitering.

Appropriate external lighting and a CCTV system will also be installed at the site to ensure that all areas are covered by surveillance provision.

Site History The application site forms part of a mixed use allocation in the Adopted LDP as a result of its promotion through the Examination process.

In line with paragraph 7.2.1 of the LDP, developers of allocated mixed use sites are required to agree a development brief prior to the submission of any planning application. Accordingly, this was carried out by the developer (jointly by the developers for the school and residential proposals) and was subsequently endorsed by Members of the Authority as Supplementary Planning Guidance for use in the determination of relevant planning application.

Outline Planning Permission 07/01085/OUT for a "proposed residential development including access, highways and infrastructure" was approved on 10th October 2011. Subsequently, the corresponding Reserved Matters application was approved (proposing 27 dwellings under ref:14/11355) on 5th September 2016.

As referred to above, an application for the development of 15 dwellings relating to the remainder of this mixed use allocation is currently under consideration by the Authority.

POLICY CONTEXT On 17th December 2013, the Brecon Beacons National Park Authority adopted its LDP further to confirmation from the independent Planning Inspector that it formed a sound basis

Page 138 for planning within the National Park area for the period up until 2022. As a result, the LDP became the statutory development plan for the area, thereby superseding the adopted Local Plan (May 1999) and the approved Unitary Development Plan (March 2007). Accordingly, this proposal has been considered against the requirements of the following LDP policies:

SP1 National Park Policy Policy 1 Appropriate Development in the National Park SP2 Major Development in the National Park - Strategic Policy SP3 Environmental Protection - Strategic Policy Policy 6 Biodiversity and Development Policy 7 Protected and Important Wild Species Policy 8 Trees and Development Policy 10 Water Quality Policy 11 Sustainable Use of Water Policy 12 Light Pollution Policy 13 Soil Quality Policy 14 Air Quality Policy 22 Areas of Archaeological Evaluation SP 4 Climate Change SP11 Sustainable Design SP9 Renewable Energy SP10 Sustainable Distribution of Development KLP1 Definition of Key Settlements KLP2 Key Settlement Appropriate Development KLP3 Mitigating Impact SP15 Supporting Sustainable Communities Policy 52 Welsh Language SP16 Sustainable Infrastructure Policy 56 Water and Sewage Supply for New Development Policy 58 Sustainable Drainage Systems Policy 59 Impacts of Traffic SP18 Sustainable Use of Land

The proposal has also been considered against the requirements of national planning policy as follows: - Planning Policy Wales (edition 8, January 2016) - TAN 5: Nature Conservation and Planning - TAN 12: Design - TAN 15: Development and Flood Risk

MATERIAL CONSIDERATIONS The main material planning considerations for a proposal of this nature are: - The principle of development - The potential impacts upon: o The visual amenities of the area o The amenities currently enjoyed by neighbouring residents o Highway Safety o Protected Wild Species

Page 139 o Trees o Drainage o Heritage o

APPRAISAL Principle The principle of the development of part of this site to provide a school has effectively been established by its inclusion as an allocation for mixed use development within the Adopted LDP. Furthermore, in line with paragraph 7.2.1 of the LDP, the developers produced and agreed a development brief for the site prior to the submission of the application. The Hay Road Development Brief was endorsed by Members for use in the determination of relevant planning applications in March 2015.

The application site is located within the Level 2 Key Settlement of Talgarth as illustrated on the LDP Proposals Map and on land identified as being in community use. Key Settlements are defined by the LDP as those areas which fulfil a strategic role in serving both their resident population and surrounding settlements. Accordingly, Policies K LP2 and 51 are relevant to the determination of this application.

Policy K LP2 sets out the forms of development which are acceptable within Key Settlements, this includes supporting proposals that strengthen and enhance the provision of community facilities (criterion 5).

Policy 51 of the LDP provides further detail in relation to the Development of New or Extended Facilities. This policy sets out that:

"Proposals for new, or extensions to existing schools, village halls, theatres and other community facilities such as community recreation or sports facilities, will be permitted where: a) The development is located within a defined Settlement Boundary or Settlement Extent as shown on the Proposals Map. OR b) It is proven that there will be no suitable development sites available within a Settlement, the NPA will consider proposals located on Edge of Settlement locations. AND c) The proposal is proven to be necessary to support community sustainability in that location; d) The facility can be proven to be operationally sustainable into the future; and 16/13827/FUL e) The proposal has no unacceptable detrimental effect on the amenity and privacy of existing dwellings, nearby properties or the general public.

Having reviewed the application plans and supporting information, it is considered that the proposed development accords with these policies in that it will act to strengthen existing community facilities to the benefit of the Town. It should also be noted that the Authority's Strategy and Policy Team is supportive of the application.

Visual Amenity It is considered that the proposed development would be acceptable from a visual amenity

Page 140 perspective.

In terms of townscape, Talgarth is an historic market town located in the northeast of the National Park Area. The existing housing stock is varied in type and condition, ranging from the historic core, to post war Council Housing, to modern estates. The central part of the town has retained its medieval street pattern and the historic buildings of the townscape have remained largely intact although some are in a poor state of repair. The centre of the town is designated as a conservation area and contains a number of prominent listed buildings, including the Tower which has recently been restored.

The site is currently managed grassland, and is bound by farmland and agricultural land and the A4078. The proposed new building has been set back from the A4078 and the proposal seeks to retain existing landscape features so the proposals visual impact on the wider area is reduced. In addition, the school (as set out in the supporting documentation) has been designed to ensure that sustainability is at its core and the building will provide a contemporary building that will maximise natural daylight and natural ventilation. Therefore with appropriate design and mitigation the proposal is considered to have a positive impact on the character and appearance of the surrounding area and is therefore consistent with the site's Development Brief.

It should be noted that Natural Resources Wales has been consulted on this application. They raise no objection to the development on landscape impact grounds. Nevertheless, it would be prudent to have sight of the proposed materials prior to the construction works commencing. This can be secured via a suitably worded planning condition.

To this end, it is considered that the proposed development is acceptable in visual amenity terms and accords with the requirements of policies SP1, K LP2 and Policy 1 of the adopted LDP.

Neighbour Amenity It is considered that the proposed development is acceptable in this regard. The proposed school would be sited a significant distance away from existing properties in the area. Accordingly, it is not envisaged that there would be a material adverse impact in terms of loss of light, loss of privacy or overbearing impact.

Nevertheless, comments have been received from occupiers of 1no. nearby residential property objecting to the proposal for the following reasons:

- Concerns regarding the sewerage infrastructure and water and electricity supply - The location of the gas pipeline in relation to the proposed footway - The location of the site in relation to the Anaerobic Digester development at Great Porthamel Farm - The proposed school building is inappropriate - Talgarth has a substantial historic school which could be remodelled or used for a rebuild - The school would be at the edge of the town and not at the centre of the community - Building should take place on brownfield land - Why does the school require a 64 bay car park?

Page 141 It is noted that none of the objections raised relate to 'neighbour amenity' per se. Accordingly, the concerns raised that are material planning considerations are addressed under other headings within this report.

To this end, it is considered that the proposed development is acceptable in neighbour amenity terms and accords with the requirements of policies SP1, K LP2 and Policy 1 of the adopted LDP.

Highway Safety It is considered that the proposed developments acceptable in highway safety terms.

The application has been supported by a Transport Statement prepared by Cambria which details that a new access to the site will be provided to the school from the A4078. The access has been designed by Powys County Council engineers and conforms with current design standards. A pedestrian crossing facility is provided to safely link the school to the existing shared footway/cycleway that runs along the A4078's eastern side. The new access leads to a 64-space car park (including 4 disabled spaces). The access and car park it serves have been designed to accommodate the swept path of a coach/bus, refuse vehicle and other service vehicles.

It can be expected that there will be up to 87 cars arriving during the drop-off period to deliver children to school. This comprised of 47 cars delivering single children and 40 cars delivering children sharing a car journey (assuming 2 children per car). It is reasonable to assume a similar number will arrive do collect children at the end of the school day.

The estimated 87 car arrivals does not equate to there being demand for 87 parking spaces. During the morning drop-off period parents driving to school tend to park for a short period to deliver children safely to the school's care and then depart. There is therefore a relatively high turnover in parking spaces with the same space being used several times by different cars. The demand for parking is greatest during the afternoon pick-up period when many parents arrive prior to the school bell to wait for their children. Even so, some parents arrive later and after some cars have already left and therefore use the same parking spaces.

It is considered reasonable to assume that parking demand during the afternoon period would equate to around 80% of the total number of car arrivals i.e. 70 spaces. This would therefore assume that 17 of the later arrivals could use parking spaces already vacated by earlier departures.

The estimated peak demand for 70 car parking spaces is considered to be the worst case. More than 2 children sharing a car journey will reduce the overall number of car arrivals for instance. Another consideration is that a large part of the increase in the number of children is associated with the Early Years provision for two to four year olds. It is usual for at least some of these younger children to attend either a morning or afternoon session rather than a full school day and so the overall numbers being dropped-off and collected at the start and end of the school day is likely to be over-estimated.

It is considered that the proposed 64-space car park is therefore appropriately sized to accommodate the likely demand that will be generated at the start and end of the school day.

The Transport Assessment concludes that the new school will be designed to accommodate

Page 142 the likely parking demand generated by the school. A new and safe access to the site from the A4087 will be constructed and this will include a pedestrian crossing facility. The site is located in a sustainable and accessible location, is provided with a safe access and appropriate parking provision and as such it is considered that there are no highway or transportation issues that should prevent its development.

The Welsh Government's Transport Section and the Powys County Council Highways Authority have been consulted for their views on the scheme. Neither has objected to the development subject to conditions relating to: - Construction of surfaces - Completion of the works in accordance with the plans

Accordingly, whilst the concerns raised by Talgarth Town Council in relation to highway safety are noted, it is considered on the basis of comments received from the Highways Authority and the Welsh Government that the proposal is acceptable from a highways perspective in accordance with Policy 1 of the adopted LDP.

Protected Wild Species It is considered that the proposed development is acceptable from an ecological perspective.

A watercourse runs along the northern boundary of the site which eventually flows into the Afon Llynfi Site of Special Scientific Interest (SSSI) and which forms part of the River Wye Special Area of Conservation (SAC). The proposed development would discharge surface water to the watercourse

As stated by NRW, the National Park Authority is the 'Competent Authority' for the purposes of the Conservation of Habitats and Species 2010 Regulations (as amended), and we must not therefore agree to any plan or project unless we are certain that it will not adversely affect the integrity of a Special Area of Conservation (SAC). Accordingly, NRW recommends that the Authority carries out a test of likely significant effects (TLSE) for the SAC, which is required under Regulation 61 of the Conservation of Habitats and Species Regulations 2010 (as amended). This test applies to impacts on the SAC from the proposed works, either alone or in combination with other plans and projects (in this case the school should be assessed along with the two adjacent residential developments).

If the test concludes there is likely to be a significant effect then an appropriate assessment of the impacts on the SAC from the proposed works, either alone or in combination with other plans and projects, will be required. We would be able to assist you with that assessment in our role as the statutory nature conservation body under the above Regulations.

Furthermore, the Wildlife and Countryside Act 1981 (as amended) places a duty on public authorities in exercising their functions, so far as this is likely to affect the flora, fauna, geological or physiographical features of a SSSI, to take reasonable steps consistent with the proper exercise of their functions to further the conservation and enhancement of those features. By satisfying the requirements regarding the SAC, as indicated above, it is likely the requirements for the SSSI will also be met.

The TLSE is being carried out by the Authority and will be reported verbally to Planning Access and Rights of Way Committee.

Page 143 The Authority's Planning Ecologist has also been consulted on the application and her comments are provided above. No objection has been raised by the ecologist subject to the imposition of suitably worded planning conditions in relation to the following:

- Submission of a Construction and Environmental Management Plan - Installation of the biodiversity enhancement scheme - Submission of a Landscaping and Ecological Management Plan - Submission of a detailed surface water drainage strategy - No external lighting until an external lighting plan is submitted

Trees Further to the initial concerns raised by the Authority's Tree Consultant, the applicant has provided an updated Pollution Prevention Plan (Willmott Dixon) with a revised site layout plan. The new site layout plan shows the plant storage and re-fuelling areas as moved away from all trees on site. Furthermore, the revised Flood Consequence Assessment and Drainage Strategy document (Cambria, Setp 2016) has an updated Proposed Drainage Plan (drawing no. CAM 00 00 GA C 103 Rev P2) showing no proposed drainage runs in the vicinity of T1. In addition the proposed foul drainage route through the line of trees to the West will now break through the bank and pass between trees 7 and 8.

The Tree Protection Plan within the revised tree survey and AIA (RPS) has been updated to show the proposed drainage runs, but no CCTV or external lighting service runs are shown. However, paragraph 5.14 p12 does state that it is not anticipated that these service runs will be required within the RPA's of the protected trees.

To this end, it has been recommended that any approval is accompanied by conditions requiring:

- Adhering to the tree protection plan and AIA - Any CCTV and lighting service runs are excluded from being placed within the root protection areas of T1 and T2.

Accordingly, the proposal is considered to be acceptable from a tree impact perspective.

Drainage and Flood Risk On the basis that the application site (in part) falls within a flood risk area as defined by Technical Advice Note 15 (Development and Flood Risk), the application has been supported by a Flood Consequences Assessment and a Drainage Strategy prepared by Cambria.

The supporting documentation concludes that the construction of the surface water outfall into the River Ennig will require some works to be undertaken within Flood Zone C2. However, there is no intention to change ground levels along this outfall route and therefore the outfall construction should not increase the risk of flooding. NRW have not commented in relation to flood risk.

The site will be serviced with a new adoptable foul sewer delivered by Powys County Council and Welsh Water. The surface water drainage strategy for the site includes restricted discharges to Greenfield run-off rates. The majority of the site will discharge into the River Ennig to the south and the MUGA will discharge to a filter drain adjacent the western boundary. Attenuation storage sized to accommodate the 1 in 100 year +30% events will be

Page 144 provided for each catchment. This strategy therefore will ensure no detriment is caused by the development to downstream properties.

With the exception of run-off that may enter from the proposed access, the development site is largely protected from inundation from off-site surface water run-off. Through the introduction of anticipated attenuation and SUDS enhancements the proposed development will demonstrate net benefit and reduce flood risk to neighbouring / downstream properties. The most significant residual risk lies with lack of maintenance of the positive surface water network however, the effects can be mitigated through drainage and external level design and a regular inspection and maintenance programme.

In almost all cases water would rise gradually, spreading from access covers, channelled by kerblines and physical features toward lower lying areas or building up in low spots on the site where it is contained by surrounding features. By incorporating the prescribed mitigating measures, the residual flood risk is considered low and the impact localised.

Given the location of the site and the proposed development, the Powys County Council Drainage Authority has been consulted and their comments are provided above. They have commented in relation to flood risk and drainage and suggest that any approval contains conditions relating to the following:

- Submission of full engineering details to reflect the recommendations of the FCA and Drainage Strategy report - Submission of detailed design of the surface water drainage scheme

Dwr Cymru Welsh Water was consulted for their views and their comments are also provided above. They also suggest conditions are attached to any consent relating to:

- The foul sewer connection - Occupation of the dwellings - Submission of drainage scheme

To this end, it is considered that the proposed development is acceptable from a drainage and flood risk perspective, in line with policies 1, SP3, 56 and 58 of the adopted LDP.

Heritage It is considered that the application proposal is acceptable in Heritage terms. The Authority's Heritage Officer (Archaeology) and Senior Heritage Officer (Buildings Conservation), together with Cadw, have been consulted on the application and their comments are provided above.

The application has been supported by a Heritage Assessment prepared by the Environmental Dimension Partnership Ltd which concludes that the site does not contain any world heritage sites, scheduled monuments, registered historic parks and gardens or listed buildings, where there would be a presumption in favour of their physical preservation in situ and against development.

The historic and modern settings of each of the designated assets, identified for assessment by the Brecon Beacons National Park Authority within the site's wider zone of influence have been assessed. These comprise the Talgarth Conservation Area, Grade I, II* and II listed

Page 145 buildings at Porth-Aml, Bronllys Castle (scheduled monument, Grade I and II* listed buildings) and The Elms Grade II listed building. The assessment has also considered any direct impact upon the historic character of the Middle Wye Valley Landscape of Outstanding Historic Interest.

It is determined that the heritage significance of the designated assets would in no way be adversely affected by the form of development proposed within the site, either in terms of an effect on their physical form/fabric or through change to the contribution made by their setting. Likewise it was determined that the proposed development would result in no effect on the historic character of the Middle Wye Valley Landscape of Outstanding Historic Interest.

The Authority's Senior Heritage Officer agrees with the conclusions of the assessment in that it provides sufficient information on both the nature/significance of the identified designated historic assets and the proposed development's likely impact upon them, to positively determine the planning application in line with policies 17, 19 and 21 of the adopted LDP.

Turning to Archaeology, an archaeological evaluation was undertaken in order to inform assessment of how the proposed development might impact upon potential archaeological remains. Twelve evaluation trenches were excavated across the proposed development, in accordance with a WSI submitted by the archaeological contractor and approved by the BBNPA. An evaluation report on the programme of works was prepared by the archaeological contractor and approved by the Authority's Heritage Officer (Archaeology).

Features were recorded within 3 of the twelve trenches. In total, four ditches were recorded during the fieldwork. One ditch in Trench 7 corresponded with the course of a historic field boundary mapped in the Tithe maps of 1842. This is therefore considered likely to represent a field boundary of post-medieval date. The evaluation report has proposed that a ditch in trench 8, with a loose topsoily fill could also be of post-medieval date, but this is remains currently unconfirmed. The date and character of the remainder of the features identified on site also remain unconfirmed. Trace quantities of industrial residues and a fragment of whetstone were recovered from the ditches. The remainder of the ditches are not depicted on any modern or post-medieval cartography covering the site. They may therefore be of ancient origin, potentially of Medieval or earlier date. Their function is currently unknown.

It is considered that impact of the proposed development upon the archaeological remains present on site can be dealt with post-determination, by a suitably worded watching brief condition as requested by the Authority's Heritage Officer (Archaeology). This would accord with the requirements of policies SP3 and 22.

Cadw has also been consulted on the proposed development as a result of the the application area being located some 500m to the southeast of scheduled monument BR008 Bronllys Castle. The monument comprises the remains of a medieval castle built around the late eleventh or very early twelfth century. Bronllys occupies a commanding position above the confluence of the Dulais Llynfi and Ennig rivers. The original castle consisted of a motte up to 8m high with inner and outer baileys. The castle was rebuilt in stone with the most important surviving feature being the circular stone tower on the motte.

They conclude that most of the southerly views from the scheduled monument are now blocked by dense woodland but views would be possible from the top of the stone tower.

Page 146 Although it is not a currently possible to access this vantage point it is still necessary to consider the theoretical impact on this view. The proposed school will be mostly single storey though a central block will be of two storey height. From the top of the tower it will be seen across open fields but will be screened by existing field boundaries and in particular the dense vegetation located on the line of the former railway line that forms the western boundary of the application area. The existing modern developments to the north of Talgarth will be visible in the background of this view. Thus the proposed school will bring the modern development of Talgarth closer to the scheduled monument. Consequently the proposed school will have an adverse impact on the setting of BR008 Bronllys Castle but in our opinion this will be slight.

Accordingly, it is considered that the proposal is acceptable in heritage terms.

RECOMMENDATION: It is recommended that planning permission is granted 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 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. (05)100 Rev A (NP1v2), (05)101 Rev B (NP2v3), (05)102 (NP3v1), (05)103 (NP4v1), (05)104 (NP5v1), (05)105 (NP6v1), (05)106 (NP7v1), (05)107 (NP8v1), (05)108 Rev B (NP9v2), P_011 (NP10v1), SK 02 P2 (NP11v1), 1 ACAD-TALGARTH Rev R1 (Topo) (NP12v1), 2 ACAD-TALGARTH Rev R1 (Topo) (NP13v1), 3 ACAD-TALGARTH Rev R1 (Topo) (NP14v1), 4 ACAD- TALGARTH Rev R1 (Topo) (NP15v1), 1 ACAD-TALGARTH Rev R1 (Utility) (NP16 v1), 2 ACAD-TALGARTH Rev R1 (Utility) (NP17 v1), 3 ACAD-TALGARTH Rev R1 (Utility) (NP18 v1) and 4 ACAD-TALGARTH Rev R1 (Utility) (NP19 v1)), unless otherwise agreed in writing by the Local Planning Authority. 3 Prior to the commencement of development a Construction Method Statement and Environmental Management Plan shall be submitted to and approved in writing by the Local Planning Authority in respect of the control of noise and dust during the landscaping and construction phases. 4 All works and ancillary operations which are audible at the site boundary shall be carried out only between the following hours: 8am to 6pm Monday to Friday 8am to 1pm Saturday At no time on Sunday and Bank Holidays Deliveries to and removal of plant, equipment, machinery and waste, including soil, from the site must also only take place within the permitted hours detailed above. 5 An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons (a contaminated land specialist with proven experience within

Page 147 the contaminated land industry) and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: o human health, o property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, o adjoining land, o groundwaters and surface waters, o ecological systems, o archeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and the WLGA document 'Development of land affected by contamination: a guide for developers' 2012 . Item (iii) above should not be submitted until written approval has been obtained from the Local Planning Authority for items (i) & (ii). 6 A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990, The Contaminated Land (Wales) Regulations 2001 in relation to the intended use of the land after remediation. The detailed remediation scheme should not be submitted until written approval for Condition 5 has been received from the Local Planning Authority. 7 The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. The verification report contents must be agreed with the Local Planning Authority before commencement of the remediation scheme. 8 In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 5, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 6, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of

Page 148 the Local Planning Authority in accordance with condition 7. 9 A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of duration to be agreed in writing with the Local Planning Authority and the provision of reports on the same must be prepared, both of which are subject to the approval in writing of the Local Planning Authority. Within six months following the completion of the measures identified in that scheme and the achievement of the remediation objectives, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority. This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. 10 Only foul water from the development site shall be allowed to discharge to the public sewerage system and this discharge shall be made at: i. The 375mm foul sewer between manhole reference number SO15341401 and SO15341601 as indicated on the extract of the Public Sewerage Record attached to this decision notice. or ii. another point of connection on the public sewerage system is identified by a hydraulic modelling assessment, which shall be first submitted to and approved by the Local Planning Authority. Thereafter the connection shall be made in accordance with the recommended connection options following the implementation of any necessary improvements to the sewerage network as may be identified by the hydraulic modelling assessment. or iii. Another point of connection on the public sewerage system in conjunction with the delivery of a surface water removal scheme that shall be first submitted to and approved by the Local Planning Authority. Thereafter the connection shall be made following the implementation of the agreed surface water removal scheme. No building shall be occupied until it is served by the approved connection. 11 No development shall commence until a drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The scheme shall provide for the disposal of foul, surface and land water, and include an assessment of the potential to dispose of surface and land water by sustainable means. Thereafter the scheme shall be implemented in accordance with the approved details prior to the occupation of the development and no further foul water, surface water and land drainage shall be allowed to connect directly or indirectly with the public sewerage system. 12 The developer will ensure that a suitably qualified archaeological contractor is present during the undertaking of any ground works in the development area, so that an archaeological watching brief can be maintained. The archaeological watching brief will be carried out in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority and must meet the standards laid down by the Institute for Archaeologists in their Standard and Guidance for an Archaeological Watching Brief. The Local Planning Authority must be informed at least 2 weeks prior to the commencement of the development of the name of the archaeological contractor appointed to undertake the Watching Brief. A copy of the Watching Brief report shall be submitted to the Local Planning Authority for approval. Following approval, a copy of the report will be submitted to the National Park Archaeologist and the local Welsh Archaeological Trust for

Page 149 inclusion in the Regional Historic Environment Record (HER). 13 Prior to commencement of development works, a Construction and Environmental Management Plan (CEMP) and full working method statement shall be submitted to the Local Planning Authority and shall be implemented as approved. Construction measures and the method statement shall incorporate the recommendations in Section 5 of the ecological report dated July 2016. The CEMP shall also include a detailed and final Pollution Prevention Plan based on the Version 1.0 document submitted. 14 The biodiversity enhancement scheme shall be undertaken and/or installed prior to the first beneficial use of the development hereby approved, in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. Following the installation of the approved scheme, a report confirming adequate installation shall be submitted to the Local Planning Authority. 15 Prior to the commencement of the development a Landscaping and Ecological Management Plan that shall include use of native species shall be agreed with the Local Planning Authority. The scheme shall be implemented in the first planting season following implementation of the development and shall include provision for the long-term management of the landscaping and ecology of the site. The plan shall include details of the planting specifications - the species, sizes and planting densities - and a timetable for implementation and future management to ensure good establishment. 16 No external lighting shall be installed until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with wildlife corridors and bat mitigation/enhancement measures and shall be implemented as approved. 17 Prior to the commencement of any works on the development site the access road as detailed on Drawing Number P_001 (NP10v1) shall be fully completed to the written satisfaction of the Local Planning Authority in accordance with the following specification: a minimum of 250mm of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material. 18 Prior to the occupation of the new school, the access road as detailed on drawing number P_011 (NP10v1) shall be surfaced in 40mm bituminous surface course. 19 Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the storage of all construction materials and 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 0.45 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. 20 The off-site highway works as detailed on drawing number P_001 (NP10v1) shall be fully completed to the written satisfaction of the Local Planning Authority prior to the occupation of the new school. 21 Prior to the first use of the new school all on-site infrastructure including car parking spaces, access and circulation areas as detailed on drawing number (05)101 Revision A (NP6v1) shall be completed to the written satisfaction of the Local Planning Authority. 22 The development shall be carried out in accordance with the recommendations of the Tree Survey and Arboricultural Impact Assessment (prepared by RPS) submitted in support of this application.

Page 150 23 Any service runs for CCTV or lighting shall not be allowed to pass between T1 and T2 as defined by the Tree Survey (RPS) supporting this application. 24 No development shall take place to establish the means of enclosure of the site until such time that details or samples of materials to be used for boundary treatments have been submitted to and approved in writing by the Local Planning Authority. Thereafter, development shall be carried out in accordance with the approved details.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 In the interest of protecting the environment and the amenities of nearby residents. 4 In the interest of protecting the environment and the amenities of nearby residents. 5 In the interest of public health and environmental protection. 6 In the interest of public health and environmental protection. 7 In the interest of public health and environmental protection. 8 In the interest of public health and environmental protection. 9 In the interest of public health and environmental protection. 10 To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment. 11 To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment. 12 To ensure that any remains of archaeological significance disturbed in the course of the work are excavated, recorded and reported. 13 In the interest of ecology, biodiversity and the protection of important wild species. 14 In the interest of ecology, biodiversity and the protection of important wild species. 15 In the interest of ecology, biodiversity and the protection of important wild species. 16 In the interest of ecology, biodiversity and the protection of important wild species. 17 In the interest of highway safety. 18 In the interest of highway safety. 19 In the interest of highway safety. 20 In the interest of highway safety. 21 In the interest of highway safety. 22 In the interest of protecting trees within the development site. 23 In the interest of protecting trees within the development site. 24 To ensure that the materials harmonise with the surroundings.

Informative Notes:

1 It is strongly advised that thorough site assessments are undertaken in relation to other constraints on and around the site which are not planning related but that you will need to consider and contact the responsible Authority or provider. These may include the location of utility infrastructure such as main sewers crossing the site, electricity lines, telephone lines, gas pipelines (this list is not exhaustive). 2 During construction (including soil movement and landscaping activities) the

Page 151 contractor shall take all reasonable steps to prevent dust formation from dusty activities and any dust formed shall be prevented leaving the site by continuous watering down. 3 The Council's guidance leaflet on the development of sites with potential land contamination is attached. Further advice on compliance with this condition may be obtained by contacting the Environmental Health Service on 0870 1923757. 4 The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com 5 It appears that the site is not crossed by public sewers. However, the applicant is advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. 6 Foul drainage from the proposed development should be conveyed to the main foul sewer, subject to the agreement by Dwr Cymru WelshWater. There must be adequate capacity at the receiving sewage treatment works to treat the additional flows. Consent is required from the service provider to connect into the foul main sewer. 7 Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000

Page 152 ENC6Item 6

ITEM NUMBER: 6

APPLICATION NUMBER: 16/13830/FUL APPLICANTS NAME(S): Powys County Council SITE ADDRESS: Hay On Wye Primary School And Adjacent Public Car Park Hay-on-Wye

GRID REF: E: 322905 N:242141 COMMUNITY: Hay-on-Wye DATE VALIDATED: 29 July 2016 DECISION DUE DATE: 23 September 2016 CASE OFFICER: Mr Matthew Griffiths

PROPOSAL Demolition of existing primary school and construction of a new primary school and associated works

ADDRESS Hay On Wye Primary School And Adjacent Public Car Park, Hay-on-Wye,

Page 153

CONSULTEE COMMENTS

CADW Ancient Monuments 23rd Aug 2016 Thank you for your e-mail of 2 August 2016 inviting our comments on the planning application for the proposed development as described above. Our statutory role in the planning process is to provide the local planning authority with an assessment concerned with the likely impact that the proposal will have on scheduled monuments, registered historic parks and gardens, registered historic landscapes where an Environmental Impact Assessment is required and development likely to have an impact on the outstanding universal value of a World Heritage Site. It is a matter for the local planning authority to then weigh our assessment against all the other material considerations in determining whether to approve planning permission, including any issues concerned with listed buildings and conservation areas. Applications for planning permission are considered in light of the Welsh Government's land use planning policy and guidance contained in Planning Policy Wales (PPW), technical advice notes and circular guidance. PPW explains that the desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application whether that monument is scheduled or not. Furthermore, it explains that where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. Paragraph 17 of Circular 60/96, Planning and the Historic Environment:

Archaeology, elaborates by explaining that this means a presumption against proposals which would involve significant alteration or cause damage, or which would have a significant impact on the setting of visible remains. PPW also explains that local authorities should protect parks and gardens and their settings included in the first part of the Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales. The proposed development is located within the vicinity of the scheduled monument known as Hay Castle (BR076) and within the vicinity of the registered historic park and garden known as Hay Castle PGW (Po) 11 (POW).

The proposed school will be constructed to the south of the existing school and will be larger with some additional car parking, a multi-use games area and a sports pitch. Apart from the swimming pool the existing school buildings will be demolished once the new school is opened. The application area is located some 22m south of the boundary of scheduled monument BR076 Hay Castle but the development will be some 85m away. The monument consists of the remains of a castle, dating to the medieval period. The castle was constructed to control the Wye Valley and therefore significant views are to the west and southwest with lesser views to the south towards the Brecon Beacons and along the Cussop Dingle. The proposed school will be visible in the significant view to the southwest but will be seen within the settlement of the town and as a replacement of the small existing school. However it will introduce a larger modern structure into the view. As such it will have an adverse impact on the setting of the scheduled monument, but in our opinion this will be very slight.

The current South Garden of the Castle was probably laid out after 1809 AD possibly on

Page 154 the site of an earlier garden established over the outer bailey of the castle. Two significant views have been identified both from Castle House across the south garden towards the Brecon Beacons, one looking south-south-east and the other to the southwest. The proposed development will be visible on the periphery of the identified significant south- south-east view but will be seen within the settlement of the town and as a replacement of the small existing school. However it will introduce a larger modern structure into the view. As such it will have an adverse impact on the setting of the registered historic park and garden, but in our opinion this will be very slight.

CADW Ancient Monuments 6th Oct 2016 Thank you for your letter of 28 September 2016 inviting our comments on the additional details for the proposed development as described above. Our statutory role in the planning process is to provide the local planning authority with an assessment concerned with the likely impact that the proposal will have on scheduled monuments, registered historic parks and gardens, registered historic landscapes where an Environmental Impact Assessment is required and development likely to have an impact on the outstanding universal value of a World Heritage Site. It is a matter for the local planning authority to then weigh our assessment against all the other material considerations in determining whether to approve planning permission, including any issues concerned with listed buildings and conservation areas.

Applications for planning permission are considered in light of the Welsh Government's land use planning policy and guidance contained in Planning Policy Wales (PPW), technical advice notes and circular guidance. PPW explains that the desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application whether that monument is scheduled or not. Furthermore, it explains that where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. Paragraph 17 of Circular 60/96, Planning and the Historic Environment:

Archaeology, elaborates by explaining that this means a presumption against proposals which would involve significant alteration or cause damage, or which would have a significant impact on the setting of visible remains. PPW also explains that local authorities should protect parks and gardens and their settings included in the first part of the Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales. Additional information including a change to the material on the elevations and drainage has been submitted along with an archaeological and heritage assessment carried out by EDP. The latter document has considered the impact of the development on the setting on the scheduled monument BR076 Hay Castle. They acknowledge that the new building would be potentially more prominent than the existing school buildings and would be a notable feature in the view from the castle, a view which has some historic significance, but conclude that there is no impact on the setting on the scheduled monument. Our assessment concluded that this constituted a very slight adverse impact.

The document has also considered the impact of the development on the setting on registered historic park and garden of Hay Castle They acknowledge that the new building would be visible within the significant view from the gardens and more prominent than the existing school buildings but it would not or alter it in a substantial way; so that the valley and more distant mountains would still be highly prominent. They have therefore concluded that in their opinion the proposed development would not have an impact on the setting of the registered historic

Page 155 park and garden. Our assessment concluded that there would be a very slight adverse impact on the setting of the registered historic park and garden.

Hay On Wye Town Council 17th Oct 2016 Thank you for sending the amendments to the above planning application.

I can confirm that Hay Town Council has no major concerns with these but would like to say that their previous comments regarding community facilities, car park changes, recycling facilities, school transport travel plan and school design still apply.

Hay On Wye Town Council 4th Oct 2016 We have received the "Reconsultation due to Amendment" notification regarding the above planning application. We cannot make any comments as It is very unclear what details have been amended and we have been unable to find any amendment information online.

Could you please let us have clarification regarding the "Amended material - from brick to render" statement - what is changing and where?

Hay On Wye Town Council 23rd Aug 2016 Hay Town Council wishes to make the following comments with regard to the above planning application:-

There is an inconsistency between the plan in the Design & Access Statement and plan NP3v1.

If plan NP3v1 is correct (and the statement on it suggests that these large scale plans take precedence) there is no entrance to the community room from the entrance lobby, the only access would be via the library through a retractable wall. The room sizes are also slightly different.

1. Community facilities The LDP (policy 50) of the Brecon Beacons National Park states that community facilities should only be removed if 'alternative provision of equivalent benefit' is to be provided. The community centre in Hay on Wye was demolished in 2014 and Powys County Council are proposing that the community space in the new school is equivalent but it is the Town Council's view that this is not the case and the proposed facilities are not sufficient to meet the facilities that were previously available.

The use of the space is restricted by its lack of kitchen/catering facilities. A tea point is not sufficient. Access to the inadequate toilet facilities via the tea point area is also unacceptable. There is no disabled toilet identified and two toilets are insufficient for a community area.

Although the space maybe suitable for 'meeting' type events the proportions of the room do not allow for a full range of uses for example drama performances. Having a retractable wall between the school hall and this area would make it much more flexible and allow access to the school kitchen space, if shared kitchen facilities are acceptable. Furthermore there is no storage

Page 156 facilities proposed for equipment not in day to day use.

2. Car Park changes Although the provision of a drop off area and dedicated school parking is necessary, the loss of up to 40 car parking spaces is not acceptable. For many periods throughout the year the car park is full and the reduction of spaces of this magnitude will result in major parking issues throughout the town and increase traffic congestion with visitors looking for available on street parking. Compensatory public car parking space will need to be identified.

3. Recycling facilities Hay Town Council has been in correspondence with Powys County Council over the last 12 - 18 months regarding the location of the recycling facilities in the car park and the visual impact it has on visitors, being the first view it has of the town as they park their vehicle. Hay relies heavily upon tourism and is a major gateway to the Brecon Beacons National Park, Powys and Wales. The recycling area continues to increase in size, with the consequential impact on car park spaces and the proposal to move some of the recycling containers to a more central and prominent location in the car park will result in an increased impact on the first impression of the town and Park. An alternative site would not only address the visual impact issue but also help restore some of the proposed lost car parking spaces.

4. School Transport Travel Plan School travel plans promote "safe route to school walks" to reduce traffic. A significant number of children will walk to school from the residential areas of Brecon Road, Wyeside Gardens, Gipsy Castle, Warren Close, The Meadows and the new development at Gipsy Castle Lane. There are no safe routes from this area of the town. Children will need to cross either Brecon Road or Church Street and currently there is no safe place to cross either of these roads. This will discourage parents from allowing their children to walk to and from school which will inevitably result in further traffic issues both with parking at the school and increased congestion at both the beginning and end of the school day.

5. School Design Although the Town Council has no major concerns regarding the design/layout of the school, it is thought that there are a small number of improvements which could be made with regard to the positioning of certain rooms. These are: o The staff room would be better positioned if it overlooked the outside play areas. o The Nursery/key stage 1 could all be positioned on one side of the street/circulation area with key stage 2 on the opposite side. This would make it easier to share resources and give children a sense of progression through the school. o It does not seem appropriate for the disabled toilet to be situated in the hygiene/first aid room.

Dwr Cymru Welsh Water - Developer Services 24th Aug 2016 We refer to your planning consultation relating to the above site, and we can provide the following comments in respect to the proposed development.

We would request that if you are minded to grant Planning Consent for the above development that the Conditions and Advisory Notes provided below are included within the consent to

Page 157 ensure no detriment to existing residents or the environment and to Dwr Cymru Welsh Water's assets.

SEWERAGE Conditions Only foul water from the development site shall be allowed to discharge to the public sewerage system and this discharge shall be made at: The 225 mm combined sewer between manhole reference number SO22428050 and SO22427004 located in Forest Road as indicated on the extract of the Sewerage Network Plan attached to this decision notice. Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment.

No development shall commence until a drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The scheme shall provide for the disposal of foul, surface and land water, and include an assessment of the potential to dispose of surface and land water by sustainable means. Thereafter the scheme shall be implemented in accordance with the approved details prior to the occupation of the development and no further foul water, surface water and land drainage shall be allowed to connect directly or indirectly with the public sewerage system. Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment. The approved use shall not commence until an adequate grease trap has been fitted in accordance with details that have been submitted to and approved in writing by the local planning authority. Thereafter the grease trap shall be maintained so as to prevent grease entering the public sewerage system. Reason: To protect the integrity of the public sewage system and ensure the free flow of sewage. Advisory Notes The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

SEWAGE TREATMENT

No problems are envisaged with the Waste Water Treatment Works for the treatment of domestic discharges from this site.

WATER SUPPLY

Dwr Cymru Welsh Water has no objection to the proposed development.

Our response is based on the information provided by your application. Should the proposal

Page 158 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]

Please quote our reference number in all communications and correspondence

NP Heritage Officer Archaeology 2nd Sep 2016 National Policy Framework Welsh planning legislation and policy guidance outlines that the desirability of preserving archaeological remains and their setting is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.1). Planning Policy Wales (Edition 8: 2016): Paragraph 6.5.1. 'The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. In cases involving lesser archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development.'

This means that Local Planning Authorities in Wales have to take into account archaeological considerations and deal with them from the beginning of the development control process (WO Circular 60/96 Para. 10), and need to be fully informed about the nature and importance of archaeological remains, and their setting, and the likely impact of any proposed development upon them (WO Circular 60/96, Para. 15). Welsh Office Circular. Planning and the Historic Environment: Archaeology (60/96)

The Welsh Office published its Circular on Planning and the Historic Environment: Archaeology (60/96) in December 1996. This sets out the Secretary of State's policy on archaeological remains on land, and provides recommendations, many of which have been integrated into Local Development Plans. Paragraph 3 states:

'Archaeological remains are a finite, and non-renewable resource, and in many cases highly fragile and vulnerable to damage and destruction. They are the product of human activity over thousands of years and may vary enormously in their state of preservation and in their appeal to the public…. Appropriate management is essential to ensure that archaeological remains survive in good condition. In particular, care must be taken to ensure that archaeological remains are not needlessly or thoughtlessly destroyed. They are part of our cultural heritage not least in terms of the information they provide about the past, valuable both for their own sake and for their role in education, leisure and tourism.

Page 159 Development Plan Framework The adopted Local Development Plan sets out the Brecon Beacons National Park's policies and proposals to guide development in the National Park. This includes Policy SP3 f): 'All proposals for development or change of use of land or buildings in the National Park must demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of … archaeological features'. Specific polices relevant to this application are listed below: Policy 17: The Settings of Listed Buildings Development proposals which would adversely affect the setting of a listed building will not be permitted. Policy 19: Development Affecting Conservation Areas New development and alterations to existing buildings within or affecting the setting of a Conservation Area will only be permitted where it will preserve or enhance the character or appearance of the area and where the design, all building materials, proportions and detailing are appropriate to the Conservation Area. Policy 20: Historic Parks and Gardens Development which directly or indirectly, either alone or in combination affects those areas listed within Part 1 of the 'Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales' will be permitted where the essential integrity and coherence of the park or garden and its setting, as defined in the Register, is preserved or enhanced. Policy 21: Historic Landscapes Development which directly or indirectly either alone or in combination affects those areas listed within Part 2 of the 'Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales' will only be permitted if the essential integrity and coherence of the area, as defined in the Register, is preserved or enhanced.

Archaeological sensitivity and significance of the site The application site located in a rich archaeological and historic context, within the Middle Wye Valley Landscape of Outstanding Historic Interest.

Hay on Wye Primary School is located beyond the Medieval urban core of Hay on Wye, but in close proximity to the historic town. It is located within 150m of the Scheduled Ancient Monument and Listed Building of Hay Castle (BR 076), the Scheduled castle mound near Swan Hotel (BR 077), and the Historic Park and Garden of Hay Castle. The site is located within the Essential Setting of the Hay Castle Historic Park and Garden, and is located immediately adjacent to the Hay on Wye Conservation area. Significant Views are recorded from the Hay Castle Historic Park and Garden crossing the eastern end of the application site.

Some small structures are recorded within the application site on historic Ordnance Survey maps. The site is located immediately adjacent to the 'Castle Gardens' also depicted on the earliest cartographic sources consulted - the Hay Tithe map of the 1840's.

Hay Castle comprises one of the great medieval defence structures on the borders of England and Wales, with a long and turbulent history. The medieval town is believed to have been a new foundation of the post-conquest period, established around the location of the great castle, with the fortunes of castle and town inextricably linked over the successive centuries. No charter for the town is recorded, but it is known that a settlement was in existence by the early 13th century at the latest - as the town was burnt in 1216. The town walls were not constructed until sometime later, possibly not until a (second) grant of murage was given by the king in 1237. The town developed throughout the medieval period, with fluctuating periods of prosperity. A

Page 160 substantial population is recorded during the late 13th century, however, at other times, periods of decline are attested, including at the time of Glyndwr's rebellion at the beginning of the 15th century. By the early 16th century parts of the town may have been in decay or unoccupied. However, fortunes revived during the post-medieval period, with the development of processing industries and markets important for grain and livestock. The site of the castle remained a dominant foci in the social and cultural character of the town, with the first half of the 17th century witnessing the construction of a Jacobean Mansion on the site. The complex and fluctuating fortunes of this historic market town has been explored and charted by significant archaeological and historic work within the town centre over the past decades, with research being undertaken right up to the current day. To date, very little work has been undertaken to explore the extra-mural context of the settlement, particularly of an area in such close proximity to the castle and town walls.

Archaeological Impact of the development The Hay on Wye Primary School application proposes redevelopment of a pre-exiting school site.

This work includes the demolition of the existing primary school and the construction of a new primary school immediately to the south-east. Plans submitted with the application indicate a substantial area of ground impact associated with the development. This is understood to include: o Ground truncation associated with the construction of the new school buildings (foundation construction and preparation of the site prior to build). o Construction of 30 new parking spaces o Potential topsoil removal and/or landscaping associated with the new grass pitch. o Demolition of existing school buildings, and post-demolition clearing and landscaping required as a result. o Servicing and drainage. It is considered that the extent of ground impact associated with the proposed development is extensive and would have considerable potential to impact upon any surviving archaeological resource. The level of any potential pre-existing ground truncation within the area of the new development is currently unclear. Mitigation Required Settings:

It is understood that the effects of the proposed development upon the settings of the nationally significant scheduled and listed remains of Hay Castle and the registered historic park and Garden of Hay Castle have been commented upon by CADW, the Welsh Government's historic environment service, and is not repeated here. Historic Landscapes: It is understood that the effect of the proposed development on the Middle Wye Valley Landscape of Outstanding Historic Interest has been commented upon by NRW, the Welsh Government's advisors on the environment and natural resources, and is not repeated here. Archaeology: Whilst there are no recorded heritage assets within the appraisal site itself, the proposed development is considered to be within an area of archaeological sensitivity, in close proximity to the medieval and post medieval town of Hay on Wye, and a number of designated heritage assets. As such, archaeology is a material consideration in the determination of this planning application.

Page 161 However, there is as yet insufficient evidence to assess how the proposed development might impact upon potential archaeological remains, nor advise on appropriate mitigation measures. Further information is required. Before the application can be determined the applicant, or their agents or successors in title, need to secure the implementation of an archaeological Desk Based Assessment (DBA). The DBA will be carried out in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority and must meet the standards laid down by the Institute for Archaeologists in their Standard and Guidance for historic environment desk-based assessment. The purpose of the DBA is to provide more information on the archaeological potential of the site to allow a decision to be made regarding the likely impact of the development on archaeological remains.

NP Senior Heritage Officer (Building Conservation) 8th Sep 2016 National Policy Framework Planning Policy Wales (Edition 8: 2016): 6.5.17 Should any proposed development conflict with the objective of preserving or enhancing the character or appearance of a conservation area, or its setting, there will be a strong presumption against the grant of planning permission. In exceptional cases the presumption may be overridden in favour of development deemed desirable on the grounds of some other public interest. The Courts have held that the objective of preservation can be achieved either by development which makes a positive contribution to an area's character or appearance, or by development which leaves character and appearance unharmed. The adopted LDP states that: Policy 19 Development affecting Conservation Areas New development and alterations to existing buildings within or affecting the setting of a Conservation Area will only be permitted where it will preserve or enhance the character or appearance of the area and where the design, all building materials, proportions and detailing are appropriate to the Conservation Area. 3.15.5 Conservation Areas 3.15.5.1 Conservation Areas are areas "of special architectural or historic interest, the appearance or character of which it is desirable to preserve and enhance. " The NPA has a duty to ensure that the special features which contribute to the character and quality of these areas are enhanced. These features may include the historic street pattern, plot boundaries, the form of the settlement and individual buildings, the spaces between buildings, the materials used in construction, street furniture, the floorscape and the uses and activities which are carried out there. Conservation Areas have been designated in five settlements in the Park: Brecon, Crickhowell, Llangattock, Hay and Talgarth. Conservation Area boundaries are shown on the Proposals Map.

Considerations The present school, architecturally, has little in keeping with the predominant vernacular style of the buildings in Town centre. However the existing building is set down below the surrounding ground level and therefore blends in well with the surrounding area.

This proposal will not be as well concealed and will form a more dominate architectural form in the adjacent conservation area and viewed from nearby listed buildings.

Page 162 The design is very utilitarian and has not tried to architectural enhance or blend in with the locality.

Whilst the need for economies in the present climate is acknowledged I would like to see the materials palette to reflect those traditionally found within the National Park and its host town Hay on Wye.

I would like to see a more suitable palate of materials, particularly on the facades instead of the brick. The predominant materials in the area are; slate, local stone and render and these should be used to help the new building to blend in with its surrounding.

Conclusion The principal of demolition of the present school and the building of a new is welcomed from a built heritage point of view but it is felt that an opportunity for a building that really enhances the town and the National Park has been lost and therefore cannot be entirely supported as presented.

I would like to see the palette of materials rethought to better reflect the materials of the town and enhance the building.

NP Planning Ecologist 24th Aug 2016 A. Planning Policy & Guidance o To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. o The adopted Local Development Plan for the Brecon Beacons National Park includes the following policies regarding ecological issues and safeguarding biodiversity: o SP3 Environmental Protection - Strategic Policy o Policy 3 Sites of European Importance o Policy 4 Sites of National Importance o Policy 5 Sites of Importance for Nature Conservation o Policy 6 Biodiversity and Development o Policy 7 Protected and Important Wild Species o Policy 8 Trees and Development o Policy 9 Ancient Woodland and Veteran Trees o Policy 12 Lighting

B. Legislation o Environment Act 1995 - the first Statutory Purpose of the National Park is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park o The Environment (Wales) Act came into effect in March 2016 - from 21st May 2016, Section 6 requires public authorities to seek to maintain and enhance biodiversity. A list of species and habitats of principal importance in Wales is issued under Section 7. o Conservation of Habitats & Species Regulations 2010 (as amended) - Regulation 9 requires local authorities to take account of the presence of European Protected Species at development sites. If they are present and affected by the development proposals, the Local Planning Authority must establish whether "the three tests" have been met, prior to determining

Page 163 the application. The three tests that must be satisfied are: i. That the development is "in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment". ii. That there is "no satisfactory alternative" iii. That the derogation is "not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range"

C. Comments 1. Thank you for consulting me on the above application. The development proposals are for the construction of a new primary school followed by the demolition of the existing school; the swimming pool is to be retained. 2. I have reviewed the documents and drawings submitted with the application, which includes the following relating to ecological issues and information: o Ecological Appraisal Report - Hay on Wye Primary School, Powys Schools on behalf of Willmott Dixon Construction by RPS dated July 2016 o Hay on Wye County Primary School - Pollution Prevention Plan (first draft) by Willmott Dixon Version Number: V1.0 3. The site is 230 metres from the River Wye Site of Special Scientific Interest (SSSI) and Special Area of Conservation (SAC). Natural Resources Wales have provided comments on this application and noted that there is a watercourse culverted beneath the application site that flows into the Login Brook and ultimately into the River Wye SAC. In order to undertake a Test of Likely Significant Effects on the River Wye SAC, further information is required regarding the nature of the culvert and how any impacts will be managed and mitigated, particularly in relation to prevention of contamination from the site entering the watercourse. 4. I welcome the submission of the ecological report with the application and I note that a Preliminary Ecological Survey was carried out in May 2016 to assess the habitats and potential for protected species at the site. The site is predominantly amenity grassland with trees and ornamental shrubs; there is also a wildlife garden with a small pond. Much of the rest of the site is occupied by the school buildings and areas of hard-standing. 5. The school buildings have limited features for bat roosting, but a number of potential roost feature were identified that required further bat activity survey effort. These surveys were undertaken in June and July 2016 and no evidence of bat roosting was found. 6. The pond water was eDNA tested for the presence of great crested newts and no evidence of breeding was identified. It is intended that the pond will be removed and the ecological report recommends the creation of a new pond and wildlife garden in the school grounds following completion of the development. I note that the existing pond is adjacent to the swimming pool and therefore, it may be possible to retain it; it would be helpful to have clarification of this or where the new wildlife garden and pond will be sited. 7. The hedgerow along the north-east boundary of the site will be removed to accommodate the access to the new school building. New, native-species hedgerow planting is proposed along the western boundary to compensate for hedgerow loss; a planting specification will need to be secured as well as a timetable for implementation and long-term management. 8. It will be important to ensure that any external lighting is of an appropriate design and sensitively located to avoid light-spill towards bat roosting areas or wildlife corridors. The details of external lighting can be secured through an appropriately worded planning condition. 9. The conclusions and recommendations in the ecological report are broadly welcomed. The Environment (Wales) Act 2016 requires LPAs to protect and enhance biodiversity and there will be opportunities to accommodate biodiversity enhancement measures such as a bat brick

Page 164 or gaps for bat roosting behind weatherboarding; further guidance on this is provided by the Bat Conservation Trust at: http://www.bats.org.uk/pages/accommodating_bats_in_buildings.html I recommend that a number of features for bats and nesting birds are specified (type and location) by the applicants. A Landscape and Ecological Enhancement and Management Plan will need to be submitted, identifying the proposed mitigation, compensation and enhancement measures as well as making provision for their long-term management.

D. Recommendations

Further information is required regarding the culvert and how any impacts on it will be managed. The Pollution Prevention Plan should be amended to address this; it may be that the plant storage and re-fuelling area will need to be moved as it appears to be sited on top of the culvert. A Habitats Regulations Assessment Screening Report will need to be completed by the BBNPA prior to positive determination of this application; it must be concluded that there are No Likely Significant Effects on the River Wye SAC or a full Appropriate Assessment must be undertaken.

A Landscape and Ecological Enhancement and Management Plan will be required, with details of all planting specifications and provision of the long-term management of biodiversity and landscape features. The Plan should include details of biodiversity enhancement measures such as the installation of bat and bird boxes as well as an indication of the proposed new wildlife garden area. This can be secured through an appropriately worded planning condition.

A lighting plan will be required to demonstrate that unnecessary light-spill can be avoided; again, this can be secured through a planning condition.

If these issue can be resolved and this application is to be approved, I will be in a position to recommend the inclusion of planning conditions and informative notes to cover the above issues.

Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP o To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016

NP Strategy And Policy 17th Aug 2016 I refer to the above which has been forwarded to the Strategy and Policy Team for comment.

The development plan for the area is the Brecon Beacons National Park Local Development Plan 2007-2022 (hereafter LDP) which was adopted by resolution of the National Park Authority on the 17th December 2013.

My observations relate to the proposals compliance with the strategy and policy of the LDP.

Proposal The proposal seeks the demolition and replacement of Hay on Wye Primary School.

LDP Policy Context The proposal is located within the Key Settlement of Hay on Wye as shown on the LDP

Page 165 Proposals Map and on land identified as being in community use. Key Settlements are defined by the LDP as those areas which fulfil a strategic role in serving both their resident population and surrounding settlements. Policy K LP2 sets out the forms of development which are acceptable within Key Settlements, this includes supporting proposals that strengthen and enhance the provision of community facilities (criterion 5). It is the view of Strategy and Policy that this proposal will act to strengthen existing community facilities to the benefit of the Town.

Policy 51 of the LDP provides further detail in relation to the Development of New or Extended Facilities. This policy sets out that

Proposals for new, or extensions to existing schools, village halls, theatres and other community facilities such as community recreation or sports facilities, will be permitted where: a) The development is located within a defined Settlement Boundary or Settlement Extent as shown on the Proposals Map. OR b) It is proven that there will be no suitable development sites available within a Settlement, the NPA will consider proposals located on Edge of Settlement locations. AND c) The proposal is proven to be necessary to support community sustainability in that location; d) The facility can be proven to be operationally sustainable into the future; and e) The proposal has no unacceptable detrimental effect on the amenity and privacy of exsiting dwellings, nearby properties or the general public.

Having reviewed the supporting information I am satisfied that the proposed development meets criteria a, c-e. Accordingly Strategy and Policy have no objection to the proposed development.

Recommendation The principle of the development is acceptable in accordance with policy K LP2(5) and Policy 51 of the LDP. Strategy and Policy have no objection to the proposed development.

As always if you have any concerns relating to the contents of my observations, or require additional clarification of any point please do not hesitate to get in contact.

NP Tree Consultant 5th Oct 2016 Thank you for consulting me on the above application. I have reviewed the submitted information and carried out an unaccompanied site visit on the 21st September 2016 (photographs attached). My comments are set out below:

1) The proposal is for the construction of a new primary school with the old school demolished once construction is complete, although the existing swimming pool will be retained.

2) The submitted documents and drawings include: o A tree survey and arboricultural impact assessment (AIA) by RPS dated July 2016, and a tree protection plan also by RPS (drawing no. JSL2645-711) also dated July 2016. o A pollution prevention plan by Willmott Dixon version V1.0 including site layout plan 3) A total of 39 individual trees, 5 groups of trees and one hedgerow were surveyed for the tree report. The trees were a mix of native and non-native species, mostly located around the edges of the site. There is one category A tree (T16 Sycamore), 18 category B individual trees and groups of trees, 24 category C individual trees, groups of trees and hedgerow, and one

Page 166 category U tree for removal (T7 Rowan - this tree has already been removed).

4) The tree protection plan includes temporary fencing for the demolition phase of the project (shown as a dashed orange line on the plan).

5) Trees 28 - 35 are along the North edge of the site set up on a raised bank with a short steep bank between the trees and the existing drive. Trees 36 and 37 are within a small fenced off play area with T37 (Silver Birch) surrounded by tarmac to the South and East. This tree has a number of surface roots radiating out from it and these are clearly seen pushing up the adjacent tarmac in places.

6) The tree protection plan shows temporary fencing around trees 34 - 37 and an area hatched green to indicate where existing hard surface areas are to be returned to soft landscaping, with removal of the hard surfaces carried out with

7) The pollution prevention site layout plan shows that the bulk storage area will be immediately to the South of trees 1 - 4, and the plant storage and re-fuelling area immediately to the East of trees T20, G2 and G3. However, the tree protection plan does not reflect the site layout plan and no protective fencing has been shown in front of these trees.

8) It would appear from the proposed layout plan that part of the bank in front of trees T28 - T31 would have to be removed to allow for the new parking area, but it is not clear from the plan how much would have to be removed. No cross sectional details of this area have been provided either. It is highly likely that the nearby trees will have extended their roots across the entire bank alongside the existing driveway.

9) 15 trees, one hedgerow and half a group of trees would have to be removed to facilitate the development, with the loss of the trees along the school / public car park having the biggest visual impact. A proposed landscaping and planting plan has not been provided at this stage so it is not clear if the loss of these trees will be mitigated by new tree planting, particularly along the very visible new school frontage.

Overall I have no objections to the proposal, but in order to ensure that all trees are protected on site during construction and demolition, I recommend that the applicant provides the following information which can be conditioned if required.

1) The tree protection plan is updated to ensure that all trees on site are protected, with particular reference to the proposed pollution prevention plan site layout. 2) If the existing slope alongside trees 28 - 35 is to be altered for the new car parking, a cross section plan is provided to show how much of the bank will be removed, and an arboricultural method statement is provided to detail how this would be carried out without damaging tree roots in that area. 3) A landscaping and planting plan is provided to show new tree planting as mitigation for the trees removed. It should clearly show the location of the new trees, detail the tree species, size of tree, numbers of each species and planting and staking methods to be used.

NP Rights Of Way Officer

No comments.

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Sports Council For Wales 15th Aug 2016 Thank you for informing Sport Wales of this application.

I understand that the proposals include a grass playing field 50m x 36m and a Multi-Use Games Area 18.5m x 37m, and that further playing fields are available at the nearby recreation ground at Brecon Road.

The Design and Access Statement mentions that there are 210 pupils in Years 1 to 6 and 60 Early Years pupils. Please could you let us know how many pupil places there will be at the school for pupils who have attained the age of eight, so we can an assessment of the playing field space in relation to the School Premises Regulations?

Sports Council For Wales 6th Sep 2016 Further to my email below, it appears the new school will have new and larger sports facilities and based on information provided by the agent will exceed the minimum team game playing field areas required by the Schools Premises Regulations. Therefore Sport Wales has no objection.

The agent has also drawn attention to applications for new schools at Talgarth and Llangors. Sport Wales is happy with the sports facilities being provided and has no objection.

Powys County Council Contaminated Land 15th Aug 2016 It is noted that the proposed development is situated on land that has made ground and fuel storage which are potential contaminative use. In light of this, it will be necessary to condition any future consent so as to ensure that any potential contamination issues are adequately dealt with. I would recommend that the following condition and note to applicant be applied to any future consent that may be granted.

Condition A

Condition 1. Site Characterisation An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons (a contaminated land specialist with proven experience within the contaminated land industry) and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

(i) a survey of the extent, scale and nature of contamination;

(ii) an assessment of the potential risks to: o human health,

Page 168 o property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, o adjoining land, o groundwaters and surface waters, o ecological systems, o archeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and the WLGA document 'Development of land affected by contamination: a guide for developers' 2012 .

Item (iii) above should not be submitted until written approval has been obtained from the Local Planning Authority for items (i) & (ii).

Condition 2. Submission of Remediation Scheme A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990, The Contaminated Land (Wales) Regulations 2001 in relation to the intended use of the land after remediation. The detailed remediation scheme should not be submitted until written approval for Condition 1 has been received from the Local Planning Authority.

Condition 3. Implementation of Approved Remediation Scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. The verification report contents must be agreed with the Local Planning Authority before commencement of the remediation scheme.

Condition 4. Reporting of Unexpected Contamination

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 2, which is subject to the approval in writing of the Local Planning Authority.

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Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 3.

Condition 5. Long Term Monitoring and Maintenance

A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of duration to be agreed in writing with the Local Planning Authority and the provision of reports on the same must be prepared, both of which are subject to the approval in writing of the Local Planning Authority.

Within six months following the completion of the measures identified in that scheme and the achievment of the remediation objectives, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority. This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

Reason (common to all): To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors [in accordance with policy ____ of the adopted Local Plan (date)].

Note to Applicant Potential Contamination The Council's guidance leaflet on the development of sites with potential land contamination is attached. Further advice on compliance with this condition may be obtained by contacting the Environmental Health Service on 0870 1923757.

Powys County Council Land Drainage Department 13th Oct 2016 I did take the opportunity to consult with Emma Harding of Asbri Planning regarding the cctv survey data for the culvert, who subsequently forwarded me a few the details. Attached for your records is a copy of the cctc report and utility service plan received. The plan shows the route of culvert. I was also sent the video clips showing the internal condition of the culvert, which shows the culvert in a good structural condition.

Having reviewed what I've been sent, the LLFA is satisfied the proposals will not interfere with the existing culvert structure.

Powys County Council Land Drainage Department 23rd Sep 2016 Apologies for the delay in responding.

Flood Risk Management

Comments: The Flood Consequence Assessment and Drainage Strategy report prepared by

Page 170 Cambria Consulting Limited dated July 2016 has been noted. Having reviewed the report findings the Lead Local Flood Authority (LLFA) find these generally acceptable, particularly in relation to flood risk. However, concerns are raised on the proximity of the new build in relation to the existing culverted watercourse and, the impact the development might have on the structural integrity of this culvert system. Within the report, the location of the culvert has been described as being located immediately adjacent the southern boundary of the site. The proximity of this existing culvert in relation to the proposed new build has not been determined and therefore the development may impact upon the culvert.

The report also mentions here is likely to be a low risk from surface water flooding emanating from the culverted watercourse adjacent the site and surrounding drainage infrastructure. The report goes on to say that the proposed levels design will ensure the school building is elevated above the lower parts of the site adjacent the culverted watercourse and that external level design should achieve falls from building thresholds, direct overland flows to less sensitive / designated overflow areas without compromising routes of access / egress and mitigating risk of harm to persons or property.

In this particular case the submission of a topographic survey will be required in order for finished floor levels to be determined and a contour below which there should be no development including the raising of ground levels. The minimum requirement for this site would be to allow for a 3 metre maintenance off-set adjacent to the culverted watercourse, which would also allow for any overland flows. A survey of the culvert system shall be undertaken, to include a CCTV survey of the structure, in order to verify its location and structural condition.

Recommendation: No development shall commence until the culvert survey findings and full engineering details/drawings to reflect the flood risk mitigation works recommended in the Cambria Consulting Limited FCA and Drainage Strategy report dated July 2016 and, the incorporation of a 3 metre wide maintenance strip alongside the culverted watercourse have been submitted to and approved in writing by the Local Planning Authority. These details shall show the finished floor and external landscaped levels for the area adjacent the culverted watercourse. These flood risk mitigation works shall be functional prior to first occupation of the development.

Reason: To ensure that the proposed development does not compromise the function of the existing waterbody and that any proposed alterations are fully compliant with regulations and are of robust design.

Surface Water Drainage Comment: This is a Brownfield site. Therefore, proposed surface water flows should ideally be equivalent to Greenfield run-off rates but no greater to existing Brownfield run-off in accordance with the principles of TAN15 - Development and Flood Risk and good practice drainage design.

The use of soakaways and or other sustainable drainage techniques should be investigated in the first instance for surface water disposal. Porosity tests and the sizing of the soakaways should be designed in accordance with BRE Digest 365 to cater for a 1 in 100 year return storm event plus an allowance of 30% for climate change.

If soakaways are not feasible, drainage calculations to limit the discharge rate from the site no greater than the Brownfield run-off rate or maximum 5 l/s rate quoted within the FCA and

Page 171 Drainage Strategy report, whichever is the lesser, shall be applied. The attenuation drainage system should be designed so that storm events of up to 1 in 100 year + 30% for climate change and will not cause flooding either on site or elsewhere in the vicinity. There must be no discharge to a surface water body that results from the first 5mm of any rainfall event.

No surface water run-off shall flow onto the existing public highway.

Recommendation: No development shall commence until a scheme showing the detailed design for the surface water drainage of the site has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be completed before any part of the development is occupied. The scheme to be submitted shall show foul drainage being connected to the public sewerage system.

These details shall include a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the surface water drainage system throughout its lifetime.

Reason: To ensure that the proposed drainage systems for the site are fully compliant with regulations and are of robust design.

Environment Protection Informative: Foul drainage from the proposed development should be conveyed to the main foul sewer, subject to the agreement by Dwr Cymru Welsh Water. There must be adequate capacity at the receiving sewage treatment works to treat the additional flows. Consent is required from the service provider to connect into the foul main sewer.

Hope this is of assistance.

Powys County Council Highways 26th Sep 2016 Wish the following recommendations/Observations be applied Recommendations/Observations

In order to accommodate the alterations within the car park it is likely that this Authority will need to make further amendments which will likely add some additional spaces thereby ensuring that an adequate number of spaces are retained. In addition, the 30 spaces to be constructed as part of the school project will require a Car Park Order be confirmed in order to ensure that the spaces will be available for public use outside of school times.

Recs. 1. Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the storage of all construction materials and for the parking of all construction vehicles together with a vehicle turning area. The parking and turning area shall be constructed to a depth of 0.45 metres in crusher run or sub-base and be 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. 2. Prior to commencement of any works on site a Construction Management Plan shall be submitted and approved in writing by the local planning authority and thereafter fully

Page 172 implemented in accordance with the approved details.

3. Prior to the occupation/first use of the new school all on-site infrastructure including car parking spaces, access and circulation areas as detailed on drawing HAY00 PL A (05) 101 shall be fully completed to the written satisfaction of the local planning authority.

Powys County Council Highways 26th Sep 2016 Wish the following recommendations/Observations be applied Recommendations/Observations

In order to accommodate the alterations within the car park it is likely that this Authority will need to make further amendments which will likely add some additional spaces thereby ensuring that an adequate number of spaces are retained. In addition, the 30 spaces to be constructed as part of the school project will require a Car Park Order be confirmed in order to ensure that the spaces will be available to public use outside of school times.

Recs.

Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the storage of all construction materials and for the parking of all construction vehicles together with a vehicle turning area. The parking and turning area shall be constructed to a depth of 0.45 metres in crusher run or sub-base and be 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.

Prior to commencement of any works on site a Construction Management Plan shall be submitted and approved in writing by the local planning authority and thereafter fully implemented in accordance with the approved details.

Prior to the occupation/first use of the new school all on-site infrastructure including car parking spaces, access and circulation areas as detailed on drawing HAY00 PL A (05) 101 shall be fully completed to the written satisfaction of the local planning authority.

Powys County Council Public Protection And Env Health 15th Aug 2016 The following conditions are recommended. 1. In view of the residential setting of the proposed development it is recommended that before any development commences a Construction Method Statement and Environmental Management Plan shall be submitted to and agreed in writing by the Local Planning Authority in respect of the control of noise and dust during the demolition, landscaping and construction phases. 2. In addition it is recommended that the demolition, landscaping and construction period working hours and delivery times be restricted as follows: All works and ancillary operations which are audible at the site boundary shall be carried out

Page 173 only between the following hours: 0800 - 1800 hrs Monday to Friday 0800 —1300 hrs Saturday At no time on Sunday and Bank Holidays Deliveries to and removal of plant, equipment, machinery and waste, including soil, from the site must also only take place within the permitted hours detailed above. 3. The maximum plant noise level associated with the development to be 5dB below existing background levels at the nearest noise sensitive property.

Informatives. During demolition and construction (including soil movement and landscaping activities) the contractor shall take all reasonable steps to prevent dust formation from dusty activities and any dust formed shall be prevented leaving the site by continuous watering down. In order to comply with Condition 1 the scheme should comply with the guidance found in BS 5228 — 'Code of Practice for Noise and Vibration Control on Construction and Open Sites'. With respect to Condition 2 regard should be had to the provisions of section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction sites.

Natural Resources Wales/Cyfoeth Naturiol Cymru 11th Oct 2016 Thank you for re- consulting Natural Resources Wales (NRW) regarding the above planning application on 28 September 2016. In our response to the original planning consultation (our ref: CAS-21925-F7G5; dated 19 August 2016) we raised significant concerns regarding landscape and unsuspected contamination. We also identified potential adverse impacts to the River Wye Special Area of Conservation (SAC) and the River Wye (Upper Wye) Site of Special Scientific Interest (SSSI) if a culvert running under the site was damaged during the proposed works. Following the receipt of the further consultation on 28 September with additional and amended details, we wish to confirm that we no longer have significant concerns regarding landscape. The amended plans (Rev A versions of drawing nos. HAY00 PL A 05(104), 05(105), 05(107) and 05(108) address our concerns regarding design and materials.

Regarding the culvert, we note the contents of the email from Graham Astley, Senior Land Drainage Officer at Powys County Council, dated 23 September 2016, and the email from Emma Harding to Matthew Griffiths dated 26 September 2016 advising that a CCTV survey (as recommended by Powys County Council) has identified that the culvert does not run under the site as the maps available to the consultees show.

We recommend that you re-consult Powys County Council regarding the location of the culvert- if Powys County Council are satisfied that the evidence shows that the culvert will not be affected by the proposed works, then the culvert would not need to be considered as part of the Test of Likely Significant Affect for the River Wye SAC/SSSI. As no new information was submitted showing that additional investigations have been carried out to identify contamination our recommendation regarding a condition for dealing with contamination discovered during works remains unaltered.

Natural Resources Wales/Cyfoeth Naturiol Cymru

Page 174 19th Aug 2016 Thank you for consulting Natural Resources Wales (NRW) regarding the above planning application on 02 August 2016. We recommend that you should only grant planning permission if you attach the following conditions. These conditions would address significant concerns that we have identified and we would not object provided you attach them to the planning permission. Summary of Conditions: Condition 1: Landscape and Ecological Management Plan Condition 2: Unsuspected Contamination Please note that the list of condition(s) above should not be considered to be exhaustive; if further information is provided, it may then be necessary to request further conditions to avoid / mitigate other environmental effects. Further details in relation to each requirement and condition is given below.

Condition 1: Landscape and Ecological Management Plan The site lies within the Brecon Beacons National Park and Middle Wye Valley Landscape of Outstanding Historic Interest, which is included in the Register of Landscapes of Historic Interest in Wales. It is our view that the proposal would not have an impact on the historic landscape surrounding Hay on Wye. The historic town is itself, however, a feature of the historic landscape and National Park, and we recommend that further consideration is given to the design of the proposal in relation to the town.

The proposals are potentially visible from the castle and registered park. We question the appropriateness of some of the materials to be used, for example, red brick and fibre cement cladding, and solar panels on the roof. The Design and Access Statement refers to 'bespoke standardisation' for a series of schools being proposed. In this case we recommend a re- consideration of the appropriateness of the design for this particular location. If you have not already undertaken consultation with Cadw then we recommend that their views are sought on the design of the proposal.

The proposal involves the loss of some mature trees and building in close proximity to a hedgerow, which may cause damage to this feature. Relocation of the building at a distance further from the hedgerow and replacement planting would seek to mitigate for these impacts. If you are minded to grant permission for this proposal then we would recommend the inclusion of a condition to ensure the submission of a Landscape and Ecological Management Plan, which would need to be agreed with your Authority and implemented as approved.

Condition 2: Unsuspected Contamination We refer you to the Ground Investigation report by Ian Farmers Associates (dated July 2016) and the Phase 1 Environmental Assessment by Cambria Consulting Limited. Historic maps within the Assessment demonstrate that there has been no former development or infilling on site prior to its development as a school. There have been no sources of gross contamination identified within the information submitted. Given the presence of an oil storage tank on site (associated with the swimming pool) as detailed within the site investigation report, there is a risk of unsuspected contamination from potential fuel leaks or spills, which could be encountered during development. The applicant should follow best practice and guidance regarding tank removal and decommissioning, which should be adhered to during demolition or re- development. The applicant should also be aware of the requirements of The Water Resources (Control of Pollution) (Oil Storage) (Wales) Regulations 2016 regarding the installation of any new fuel storage tanks on site.

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Given the size and/or complexity of the development site it is considered possible that there may be other unidentified areas of contamination, which could pose a risk to controlled waters if they are not remediated. There are sensitive environmental receptors associated with the site that should be considered in these instances, including the River Wye Special Area of Conservation and Site of Special Scientific Interest, an underlying secondary A aquifer, the underlying culvert, and nearby surface waters.

We therefore recommend that the following condition be included in any planning permission you are minded to grant for this proposal: Condition: If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority detailing how this unsuspected contamination shall be dealt with. Reason: Given the size and/or complexity of the site it is considered possible that there may be unidentified areas of contamination at the site that could pose a risk to controlled waters if they are not remediated. Assessing the Effects of Development on the River Wye Special Area of Conservation (SAC) and on the River Wye (Upper Wye) Site of Special Scientific Interest (SSSI). Please be advised that the River Wye Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI) lies approximately 230m north-west of the proposed development site. We also refer you to comments in Section 4.1.2 of the Ecological Appraisal report by RPS, entitled 'Hay on Wye Primary School, Powys Schools' (their ref JER6824; dated July 2016 ), which states that "There is no strong ecological connectivity between the school and any of the nature conservation designations in the surrounding area". However, there is a culverted watercourse located under the site, which emerges as the Login Brook and then feeds into the River Wye. Section 2.10.1 of the Phase 1 Environmental Assessment by Cambria Consulting Limited (their ref: CC1556/REP01/A; dated May 2016) states: "A number of water channels exist within close proximity to the site as well as the culvert identified to be underlying the site (see Inset 2). These channels could act as pathways for any contamination present. The water channels in the area eventually reach the River Wye in the north" The Assessment recommends, in section 2.11, that "Consideration will be required as to the protection of the underlying culvert prior to any development works. Inspection of the culvert is also recommended prior to commencing any works. Furthermore, we refer you to our comments elsewhere in this letter regarding a need to deal with unsuspected contamination appropriately. Matters relating to culverting and contamination must prevent any adverse effect on the River Wye Special Area of Conservation (SAC) and on the River Wye (Upper Wye) Site of Special Scientific Interest (SSSI).

River Wye Special Area of Conservation (SAC) As a Competent Authority for the purposes of the Conservation of Habitats and Species 2010 Regulations (as amended), your Authority must not agree to any plan or project unless you are certain that it will not adversely affect the integrity of a Special Area of Conservation (SAC). We recommend that your Authority carries carry out a test of likely significant effects (TLSE) for the SAC, which is required under Regulation 61 of the Conservation of Habitats and Species Regulations 2010 (as amended). This test applies to impacts on the SAC from the proposed works, either alone or in combination with other plans and projects.

Page 176 If the test concludes there is likely to be a significant effect then an appropriate assessment of the impacts on the SAC from the proposed works, either alone or in combination with other plans and projects, will be required. We would be able to assist you with that assessment in our role as the statutory nature conservation body under the above Regulations.

River Wye (Upper Wye) Site of Special Scientific Interest (SSSI) The Wildlife and Countryside Act 1981 (as amended) places a duty on public authorities in exercising their functions, so far as this is likely to affect the flora, fauna, geological or physiographical features of a SSSI, to take reasonable steps consistent with the proper exercise of their functions to further the conservation and enhancement of those features.

Guidance on matters within NRW remit 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 at the following link: (https://naturalresources.wales/planning-and-development/planning-anddevelopment/? 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. If the applicant requires guidance on matters within our remit then this can be found on our website at www.naturalresourceswales.gov.uk.

We trust our representation is of assistance. However, if you have do have any queries then please contact us.

NP Heritage Officer Archaeology 6th Oct 2016 National Policy Framework Welsh planning legislation and policy guidance outlines that the desirability of preserving archaeological remains and their setting is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.1). Planning Policy Wales (Edition 8: 2016): Paragraph 6.5.1. 'The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. In cases involving lesser archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development.'

This means that Local Planning Authorities in Wales have to take into account archaeological considerations and deal with them from the beginning of the development control process (WO Circular 60/96 Para. 10), and need to be fully informed about the nature and importance of archaeological remains, and their setting, and the likely impact of any proposed development

Page 177 upon them (WO Circular 60/96, Para. 15). Welsh Office Circular. Planning and the Historic Environment: Archaeology (60/96)

The Welsh Office published its Circular on Planning and the Historic Environment: Archaeology (60/96) in December 1996. This sets out the Secretary of State's policy on archaeological remains on land, and provides recommendations, many of which have been integrated into Local Development Plans. Paragraph 3 states:

'Archaeological remains are a finite, and non-renewable resource, and in many cases highly fragile and vulnerable to damage and destruction. They are the product of human activity over thousands of years and may vary enormously in their state of preservation and in their appeal to the public…. Appropriate management is essential to ensure that archaeological remains survive in good condition. In particular, care must be taken to ensure that archaeological remains are not needlessly or thoughtlessly destroyed. They are part of our cultural heritage not least in terms of the information they provide about the past, valuable both for their own sake and for their role in education, leisure and tourism.

Development Plan Framework The adopted Local Development Plan sets out the Brecon Beacons National Park's policies and proposals to guide development in the National Park. This includes Policy SP3 f): 'All proposals for development or change of use of land or buildings in the National Park must demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of … archaeological features'. Specific polices relevant to this application are listed below: Policy 17: The Settings of Listed Buildings Development proposals which would adversely affect the setting of a listed building will not be permitted. Policy 19: Development Affecting Conservation Areas New development and alterations to existing buildings within or affecting the setting of a Conservation Area will only be permitted where it will preserve or enhance the character or appearance of the area and where the design, all building materials, proportions and detailing are appropriate to the Conservation Area. Policy 20: Historic Parks and Gardens Development which directly or indirectly, either alone or in combination affects those areas listed within Part 1 of the 'Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales' will be permitted where the essential integrity and coherence of the park or garden and its setting, as defined in the Register, is preserved or enhanced.

Policy 21: Historic Landscapes Development which directly or indirectly either alone or in combination affects those areas listed within Part 2 of the 'Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales' will only be permitted if the essential integrity and coherence of the area, as defined in the Register, is preserved or enhanced.

Archaeological sensitivity and significance of the site The application site located in a rich archaeological and historic context, within the Middle Wye Valley Landscape of Outstanding Historic Interest.

Hay on Wye Primary School is located beyond the Medieval urban core of Hay on Wye, but in close proximity to the historic town. It is located within 150m of the Scheduled Ancient

Page 178 Monument and Listed Building of Hay Castle (BR 076), the Scheduled castle mound near Swan Hotel (BR 077), and the Historic Park and Garden of Hay Castle. The site is located within the Essential Setting of the Hay Castle Historic Park and Garden, and is located immediately adjacent to the Hay on Wye Conservation area. Significant Views are recorded from the Hay Castle Historic Park and Garden crossing the eastern end of the application site.

Some small structures are recorded within the application site on historic Ordnance Survey maps. The site is located immediately adjacent to the 'Castle Gardens' also depicted on the earliest cartographic sources consulted - the Hay Tithe map of the 1840's.

Hay Castle comprises one of the great medieval defence structures on the borders of England and Wales, with a long and turbulent history. The medieval town is believed to have been a new foundation of the post-conquest period, established around the location of the great castle, with the fortunes of castle and town inextricably linked over the successive centuries. No charter for the town is recorded, but it is known that a settlement was in existence by the early 13th century at the latest - as the town was burnt in 1216. The town walls were not constructed until sometime later, possibly not until a (second) grant of murage was given by the king in 1237.

The town developed throughout the medieval period, with fluctuating periods of prosperity. A substantial population is recorded during the late 13th century, however, at other times, periods of decline are attested, including at the time of Glyndwr's rebellion at the beginning of the 15th century. By the early 16th century parts of the town may have been in decay or unoccupied. However, fortunes revived during the post-medieval period, with the development of processing industries and markets important for grain and livestock. The site of the castle remained a dominant foci in the social and cultural character of the town, with the first half of the 17th century witnessing the construction of a Jacobean Mansion on the site.

The complex and fluctuating fortunes of this historic market town has been explored and charted by significant archaeological and historic work within the town centre over the past decades, with research being undertaken right up to the current day. To date, very little work has been undertaken to explore the extra-mural context of the settlement, particularly of an area in such close proximity to the castle and town walls. Impact of the development The Hay on Wye Primary School application proposes redevelopment of a pre-exiting school site.

This work includes the demolition of the existing primary school and the construction of a new primary school immediately to the south-east.

Plans submitted with the application indicate a substantial area of ground impact associated with the development. This is understood to include: o Ground truncation associated with the construction of the new school buildings (foundation construction and preparation of the site prior to build). o Construction of 30 new parking spaces o Potential topsoil removal and/or landscaping associated with the new grass pitch. o Demolition of existing school buildings, and post-demolition clearing and landscaping required as a result. o Servicing and drainage. The proposed development is considered to be within an area of archaeological sensitivity, in close proximity to the medieval and post medieval town of Hay on Wye and a number of

Page 179 designated and undesignated heritage assets. As such, archaeology is a material consideration in the determination of this planning application.

It is considered that the extent of ground impact associated with the proposed development is extensive and would have considerable potential to impact upon any surviving archaeological resource.

In order to inform assessment of the potential direct and indirect settings impact of the proposed development upon the archaeological and historic context of the site, an archaeological desk based assessment was undertaken in support of the application. This assessment was undertaken in accordance with a WSI prepared by the heritage consultants and approved by the BBNPA. The assessment report has been prepared by the heritage consultants, submitted by the applicant and approved by the BBNPA.

The desk based assessment has considered the historic and modern settings of designated assets within the application sites study area, summarising the values of the sites according to the CADW conservation principles (2011). The scheduled site Castle Mound near Swan Hotel (BR077) has been excluded from the assessment, as following the site visit by the archaeological contractor, it was ascertained that BR077 is entirely screened from the proposed application site by buildings (Para 5.7).

Scheduled Monument and Listed Buildings at Hay Castle. The DBA concludes that the school buildings at present make a neutral contribution to the settings of the Scheduled Monument and Listed Buildings at Hay Castle, being partially screened by intervening trees. They argue that the current school buildings are of no relevance to the significance of the historic complex, representing part of the wider town to the south (Para 5.21). They state that the proposed development would result a change to the setting of the castle, but not one that would change the character of the setting (Para 5.23), and is not anticipated that the proposed development will result in any adverse effect on the significance of the castle complex (Para 5.24).

Grade II Registered Park and Garden. The application site is located within the essential setting of the Grade II Registered Park and Garden at Hay Castle. The DBA notes that the importance of the essential setting is partly due to its historic value as the location of former related orchards. As this land use was changed in the 1970's, and no orchards currently exists, the present land use is considered to have little relevance to this value (Para 5.29). The historic stone wall, dividing the car park from the school is recognised as having historic value within the context of the essential setting, but will not be impacted by the proposed development (Para 5.32). The DBA concludes that the new development, although potentially more prominent than the existing buildings, and constituting a change to the essential setting, would not change its character (Para 5.33). It is not considered likely to screen or alter the views from the registered park and gardens (Para 5.34), and is not anticipated that the proposed development will result in an adverse effect on the significance of the Registered Park and Garden (Para 5.34).

Conservation Area. The Hay on Wye Conservation Area covers the medieval settlement of Hay-on-Wye. The application site is located adjacent to its southern boundary, with a small section of the Conservation Area extending into the development site.

Page 180 The current school is considered to make a neutral impact on the setting of the conservation area (Para 5.40). The DBA considers that although potentially more prominent that the existing school, the proposed development will not represent a change in the character of the setting of the conservation area, or adversely affect its significance (Para 5.47).

The impact upon the settings of two Grade II listed buildings within this conservation area have been highlighted (No2 and 3 Oxford Road). The DBA states that the car park to the south is part of their setting, but has a dynamic modern character that contributes nothing to their significance. Likewise, the current school makes no contribution to the significance of these listed buildings (Para 5.43). The assessment considers that the proposed development will also not change this, and will not have any effect on their significance of these assets (Para 5.46).

Archaeological Assessment. The archaeological assessment also considers the known archaeological context of the site. It highlights that prior to the development of the site in the 1970's the land use was as an orchard, possibly dating back to the 18th century. The presence of a walled kitchen garden is recorded on historic cartography immediately to the south-east of the site, the construction of which has been attributed to Sir Joseph Bailey, following his purchase of the castle in 1809. On the basis of historic cartography, this kitchen garden appears to have occupied a discreet location to the immediate south of the site.

The desk based assessment concludes that the archaeological potential of the site is low. The DBA highlights the late post medieval history of the site as an orchard, as recorded through historic mapping, and the historic extra mural context of the site, within what is assumed to be open agricultural land surrounding the town. It also highlights the restricted number of known non-designated heritage assets from the Palaeolithic - Early Medieval periods within the 500m study area.

However, this is based primarily upon analysis of known heritage sites contained within the HER. The HER is not a definitive resource, and whilst essential for collating the known archaeological context, and an essential research tool for assessment, cannot be seen as a definitive indicator of archaeological potential. The lack of archaeological records within a 500m radius of the site is as likely to reflect a lack of archaeological fieldwork, than a genuine absence of archaeological activity within this fertile landscape within the Wye valley, at the foot of the Black Mountains.

In addition, whilst in an extra mural location, the site is located in close proximity to the town and Hay Castle. A historic agricultural hinterland to the town is certainly attested, including from records of ridge and furrow located further to the south of the site. However, it unknown if this area in such close proximity to Hay Castle may have been subject to settlement or activity at any point in the complex history of the town. The early history and development of the town is currently not well understood, with the early focus of settlement activity having potentially shifted from an assumed early motte (BR077) to the site of the present castle (BR076) during the early centuries of settlement. Hay's stone Castle is thought to have been built c1200, and may have been located on a previously defended site. The town walls at Hay are not thought to have been constructed until at least 1232 (following a grant of murage), and possibly not until 1237 (when a second grant was made). Any early settlement at the town could have had a more dispersed character, and may not have been restricted to the location later defined by the town walls. Requirement for research into the extra mural context of towns has been highlighted as an objective for the Medieval period in the Wales Archaeology Research Framework.

Page 181 It is recognised that development in the 1970's during construction of the school buildings, and hardstanding within the car park and school grounds will have caused some degree of truncation of the potential archaeological resource, particularly within the imprint of the current buildings themselves. However, there are undisturbed areas of ground within the application site subject to truncation during the proposed construction process. It is noted that no below ground impact is proposed in the grassed open spaces to the SW of the proposed new buildings (6.9) (i.e. area of the proposed Grass pitch to the SW of the site).

Mitigation Required Settings of designated heritage assets: The Desk Based Assessment has determined that the heritage significance of the assessed designated assets will not be affected by the form of the development proposed, and that although a change to the settings of these assets will occur, the character of those settings will not be changed. These conclusions are considered reasonable, and indirect impacts of the proposed development on the designated heritage resource is not considered to represent a barrier to the positive determination of this application.

Direct archaeological impacts: As yet, it is considered that there is insufficient evidence to assess how the proposed development might have a direct impact upon potential archaeological remains, nor advise on appropriate mitigation measures.

Before the application can be determined the applicant, or their agents or successors in title, will secure the implementation of a programme of archaeological work in order to establish the nature, extent, preservation and significance of any archaeological deposits that survive on this site, and the impact of the proposed development on them.

The developer should ensure that a suitably qualified archaeological contractor is employed to carry out an Archaeological Evaluation. The archaeological evaluation will be carried out in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority and must meet the standards laid down by the Institute for Archaeologists in their Standard and Guidance for archaeological field evaluation.

A copy of the Evaluation report shall be submitted to the Local Planning Authority and the National Park Archaeologist, to enable determination of the application/ or whether further archaeological work is required.

NP Senior Heritage Officer (Building Conservation) 6th Oct 2016 National Policy Framework Planning Policy Wales (Edition 8: 2016): 6.5.17 Should any proposed development conflict with the objective of preserving or enhancing the character or appearance of a conservation area, or its setting, there will be a strong presumption against the grant of planning permission. In exceptional cases the presumption may be overridden in favour of development deemed desirable on the grounds of some other public interest. The Courts have held that the objective of preservation can be achieved either by development which makes a positive contribution to an area's character or appearance, or by development which leaves character and appearance unharmed.

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The adopted LDP states that: Policy 19 Development affecting Conservation Areas New development and alterations to existing buildings within or affecting the setting of a Conservation Area will only be permitted where it will preserve or enhance the character or appearance of the area and where the design, all building materials, proportions and detailing are appropriate to the Conservation Area. 3.15.5 Conservation Areas 3.15.5.1 Conservation Areas are areas "of special architectural or historic interest, the appearance or character of which it is desirable to preserve and enhance. " The NPA has a duty to ensure that the special features which contribute to the character and quality of these areas are enhanced. These features may include the historic street pattern, plot boundaries, the form of the settlement and individual buildings, the spaces between buildings, the materials used in construction, street furniture, the floorscape and the uses and activities which are carried out there. Conservation Areas have been designated in five settlements in the Park: Brecon, Crickhowell, Llangattock, Hay and Talgarth. Conservation Area boundaries are shown on the Proposals Map.

Considerations The change in proposed materials is welcomed and has affected a good compromise without the need for costly redesign.

Conclusion The proposed building material changes have made the design appear significantly less bulky and a recommendation for approval can now be given from a built heritage perspective.

NP Planning Ecologist 14th Oct 2016 A. Planning Policy & Guidance o To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. o The adopted Local Development Plan for the Brecon Beacons National Park includes the following policies regarding ecological issues and safeguarding biodiversity: o SP3 Environmental Protection - Strategic Policy o Policy 3 Sites of European Importance o Policy 4 Sites of National Importance o Policy 5 Sites of Importance for Nature Conservation o Policy 6 Biodiversity and Development o Policy 7 Protected and Important Wild Species o Policy 8 Trees and Development o Policy 9 Ancient Woodland and Veteran Trees o Policy 12 Lighting

B. Legislation o Environment Act 1995 - the first Statutory Purpose of the National Park is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park

Page 183 o The Environment (Wales) Act came into effect in March 2016 - from 21st May 2016, Section 6 requires public authorities to seek to maintain and enhance biodiversity. A list of species and habitats of principal importance in Wales is issued under Section 7. o Conservation of Habitats & Species Regulations 2010 (as amended) - Regulation 9 requires local authorities to take account of the presence of European Protected Species at development sites. If they are present and affected by the development proposals, the Local Planning Authority must establish whether "the three tests" have been met, prior to determining the application. The three tests that must be satisfied are: i. That the development is "in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment". ii. That there is "no satisfactory alternative" iii. That the derogation is "not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range"

C. Comments 1. Thank you for re-consulting me on the above application. The development proposals are for the construction of a new primary school followed by the demolition of the existing school; the swimming pool is to be retained. I previously provided comments on these proposals in a memorandum dated 23rd August 2016 and offer the following additional comments: 2. The site is 230 metres from the River Wye Site of Special Scientific Interest (SSSI) and Special Area of Conservation (SAC). It has now been clarified that the culvert that was thought to cross the site actually flows outside the south and east boundaries of the site; it will therefore not be affected by these development proposals. The BBNPA will still need to undertake a Test of Likely Significant Effects on the River Wye SAC. 3. A detailed surface water drainage strategy has still not been agreed; this is a brownfield site, and a planning condition can be imposed to secure the submission and implementation of this, based on the drainage strategy submitted. 4. The site is within Hay on Wye and it is appreciate that external lighting will be required for safety reasons, but it will still be important to ensure that lighting is sensitively located to avoid light-spill to wildlife corridors. A lighting scheme can be secured through an appropriately worded planning condition. 5. As stated previously, the conclusions and recommendations in the ecological report are broadly welcomed. The Environment (Wales) Act 2016 requires LPAs to protect and enhance biodiversity and there will be opportunities to accommodate biodiversity enhancement measures such as a bat brick or gaps for bat roosting behind weatherboarding; further guidance on this is provided by the Bat Conservation Trust at: http://www.bats.org.uk/pages/accommodating_bats_in_buildings.html I recommend that a number of features for bats and nesting birds are specified (type and location) by the applicants. A Landscape and Ecological Enhancement and Management Plan will need to be submitted, identifying the proposed mitigation, compensation and enhancement measures as well as making provision for their long-term management.

D. Recommendations

If this application is to be approved, I recommend the inclusion of planning conditions and informative notes to cover the following issues:

1. Prior to commencement of development works, a Construction and Environmental

Page 184 Management Plan (CEMP) and full working method statement shall be submitted to the Local Planning Authority and shall be implemented as approved. Construction measures and the method statement shall incorporate the recommendations in Section 5 of the ecological report dated July 2016. The CEMP shall also include a detailed and final Pollution Prevention Plan based on the Version 1.0 document submitted. 2. Within 6 months of the first beneficial use of the development, a Biodiversity Enhancement Scheme shall be submitted to the Local Planning Authority for written approval. The biodiversity enhancement scheme shall be implemented within 12 months of the first beneficial use of the development hereby approved, in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. Following the implementation of the approved scheme, a report confirming adequate installation shall be submitted to the Local Planning Authority. 3. Prior to the commencement of the development a Landscaping and Ecological Management Plan that shall include use of native species shall be agreed with the Local Planning Authority. The scheme shall be implemented in the first planting season following implementation of the development and shall include provision for the long-term management of the landscaping and ecology of the site. The plan shall include details of the planting specifications - the species, sizes and planting densities - and a timetable for implementation and future management to ensure good establishment. 4. Prior to the commencement of development, a detailed surface water drainage strategy shall be submitted to the Local Planning Authority for written approval and shall be implemented as approved. 5. No external lighting shall be installed until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with wildlife corridors and bat mitigation/enhancement measures and shall be implemented as approved.

Informative note: 1. Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000

Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP o To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016

Ramblers Association Powys 22nd Aug 2016 Thank you for consulting the Ramblers re. this application. Our comments are as follows:- "It is noted that Public Footpath 4 passes along the outside of the south-eastern boundary of the site. Please ensure that this path remains fully usable during and after any permitted development. It is also noted that there is access from the southern corner of the main car park to the adjacent public footpath 4. Please ensure that this access also remains fully usable during and after any permitted development."

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CONTRIBUTORS Mr Gareth Ratcliffe, 14 Warren Close, Hay-on-WyeMiss Janet Gilbert, Mehring, Forest RoadMrs June E Pugh, Claremont, Castle GardensRichard And Amanda Wildee,

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

The application represents major development and was publicised by the placing of an advert in a local paper, direct notification by letter and the placing of a site notice.

Representations were received from three neighbours to the development. While generally supporting the provision of a new school building; each representation did however make specific comments or objections to aspects of the proposed development which are summarised below:

- Wish to retain the grassy play area adjoining the property known as Mehring; - Comment that lighting levels at night should not increase. - Comment that effective boundary and fencing should be installed as part of the development. - Object to the loss of parking places within the County Council car park and consider that this will lead to congestion and inadequate capacity and also consider that the proposal will result in pressure to develop the adjoining Cae Mawr Meadow; - Comment that the library should be in the centre of the town and not located within the school; - Concerned over the proposed siting of the recycling facilities. Where it is to be re-located will be more prominent and appears to offer half the space of the existing facility. - Concerned that any interference to the culvert will lead to significant problems for the surrounding area. - Comment that the proposed community facility is smaller than the space formerly provided by the community centre and that the library is also smaller.

Cllr Gareth Ratcliffe wrote in support of the application as local member for Powys County Council.

OFFICER’S REPORT

INTRODUCTION This is an application for the construction of a new 210 place primary school with a 60 place part time equivalent Nursery Provision, community space and public library on the site of the existing Hay-on-Wye Primary School.

The application is reported to the Planning Access and Rights of Way Committee as it represents a major development proposal.

According to the documentation submitted with the application, this proposal forms part of

Page 186 the 21st Century Schools and Education Programme. This is a collaborative programme between the Welsh Government (WG), the Welsh Local Government Association (WLGA) and the local authorities in Wales, including Powys County Council. It is a major, long-term and strategic capital investment programme with the aim of creating a generation of modern schools in Wales.

The programme is 50% funded by Welsh Government using a combination of capital and revenue funding, with the remaining 50% funding provided by local authorities and others.

The primary aims of the programme are to: - Reduce numbers of poor condition school buildings - Reduce surplus capacity and reduce running costs so as to maximise resources available to target improvements to learner outcomes. - The programme is also able to include proposals that address specific demand for places in Welsh Medium and Faith Based provision.

This proposal relates to wider project covering the whole of the Gwernyfed High School catchment primary schools. Welsh Government approval has been received for the Strategic and Outline Business Cases of the Gwernyfed Catchment Primary Schools Project. Powys County Council is now developing the Full Business Case, ready for submission to Welsh Government in November 2016. They have indicated that planning permission will be required to progress the project further.

The project will see an investment of £23.75 million in constructing new primary schools at: - Hay on Wye - Clyro - Llangors Church in Wales Primary School - Archdeacon Griffiths School, Llyswen - New school in Talgarth (following the closure of Talgarth and Bronllys C.P Schools)

SITE OF DEVELOPMENT The site takes in both the existing Hay-on-Wye Primary School which is close to the centre of the town of Hay-on-Wye and the adjoining large public car park. The car park provides the link between the site of the school and the public highway from which it is accessed - Oxford Road. The site falls within the settlement development boundary of Hay-on-Wye as defined in the Brecon Beacons National Park Authority Local Development Plan (LDP). The school grounds abut for 31 metres on its northern boundary the Hay-on-Wye Conservation Area which takes in the rear garden of the property known as George House which is also a Grade II Listed Building.

The north-east of the site contains a large public car park that serves the town. The south- west boundary is formed by Forest Road. The north-west and western boundaries are to the gardens of residential properties. To the south-east is a public footpath, which is outside of the site boundary. Beyond the public footpath are gardens to detached properties.

The site falls to the south-east from the north-west boundary, before becoming relatively flat for a large part of the southern and western parts of the site. There are a group of significant mature trees along the north-west boundary and isolated trees along the north-east boundary. There are hedgerows along both the south-east and south-west boundaries, with isolated mature trees to the south-west.

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Stonewalls form boundaries to the north-west of the existing school grounds and to part of the north-east.

The school was established in 1974 and the existing school consists of a series of linked single storey buildings. One of the buildings contains a swimming pool that is accessible to the public. Many of the buildings at the site are in poor condition.

Vehicular access is provided from the existing car park in two locations along the north-east boundary. The existing public car park provides pupil drop-off space, as well as providing access for service and delivery vehicles. The proposed school site is around 1.1509 hectares in total and the overall site including the car park is 2.21 hectares.

PROPOSED DEVELOPMENT The applicant's Design and Access Statement states that the following forms the brief for the school development and this is reflected in the school design put forward in the application: - 210 pupil places - Plus 60 Early Years places (25 2-3 year olds, 35 3-4 year olds) - A 105 sq.m. Community Room - A 52 sq, m. Library/Store plus support space - On-site car parking provision of 30 spaces (given the adjacent large public car park, PCC Highways have agreed an adjusted parking ration). - External playing field provision - as large a field as possible (given the fact that the adjacent recreation ground facilities are nearby, providing larger pitches if required) - 1no. Multi-use games area (MUGA) of 18.5 x 37m - Hard and soft social play space.

The new school building has been sited along the south western boundary of the site. This is to the south of the existing building, which will remain in use during the construction period. This siting will allow for similar access arrangements to the existing with the entrance to the school and community facilities orientated towards the pedestrian and vehicle access into the car park. The school frontage will form part of the separation between the secure play area of the school and the public access area to the school and community facility. The school pool is to be retained as part of the planning application and can be separated from the main school use to allow more easily full access to the public. The application also proposes a Multi-Use Games Area (MUGA), which is positioned to the north west of the school site. A 30 space car park is proposed with a vehicular access close to the existing access point. There will be areas of asphalt adjoining the school and the rest of the grounds are to be landscaped and grassed with a sports pitch. The proposal intends to retain many of the existing trees and boundaries to the site.

The proposed school is single storey. The building is arranged to reflect the three different areas of the building the teaching wing, the hall/kitchen and the community facilities (library and community room).

The teaching wing is the largest by floor area, classrooms are arranged either side of a central corridor. The teaching wing is around 115 metres in length and has a ridge height of 5 metre and contains all of the classrooms, the head teachers office, staff room and cloakrooms. The building has a shallow pitch roof with a span of around 15 metres. Three lantern features within the roof provide light to the central corridor; the lanterns are substantial features rising

Page 188 around 1.8m from the roof ridge and each one extends to over 16.5m in length. The central corridor is also fully glazed at each end. Externally the teaching wing is clad in fibre-cement weatherboarding to the gable ends, with render and feature panels to the classroom perimeter, with windows and doors to class / cloak rooms. The teaching wing is lower than the hall/kitchen area reflecting the lower ceiling height teaching areas.

The Hall is a taller element of the building with a parapet wall rising to around 7.2m, enclosing an area of around 13.3m by 16.6m. Contained within the parapet wall is a sloping standing seam roof which will not be visible from ground level. Mounted on this roof are four arrays of solar panels which will be visible above the parapet. The community facilities and kitchen are wrapped around the hall in a single storey building with a parapet external wall of around 4.5m in height. Externally the hall is to be rendered, the community facilities and kitchen are a mixture of render and fibre cement weatherboarding. Windows are composite aluminium- timber windows to match those in the teaching wing.

The elements of the building are linked by a canopy. Glazed canopies are also provided immediately outside the Foundation Phase classrooms.

PLANNING POLICY CONTEXT AND KEY ISSUES The proposal is located within the Key Settlement of Hay on Wye as shown on the LDP Proposals Map and on land identified as being in community use. Key Settlements are defined by the LDP as those areas which fulfil a strategic role in serving both their resident population and surrounding settlements. Policy K LP2 sets out the forms of development which are acceptable within Key Settlements, this includes support for proposals that strengthen and enhance the provision of community facilities (criterion 5).

Policy 51 of the LDP provides further detail in relation to the Development of New or Extended Facilities. This policy sets out that:

Proposals for new, or extensions to existing schools, village halls, theatres and other community facilities such as community recreation or sports facilities, will be permitted where: a) The development is located within a defined Settlement Boundary or Settlement Extent as shown on the Proposals Map. OR b) It is proven that there will be no suitable development sites available within a Settlement, the NPA will consider proposals located on Edge of Settlement locations. AND c) The proposal is proven to be necessary to support community sustainability in that location; d) The facility can be proven to be operationally sustainable into the future; and e) The proposal has no unacceptable detrimental effect on the amenity and privacy of existing dwellings, nearby properties or the general public.

Other policies of the Brecon Beacons National Park Authority Local Development Plan 2007- 2022 (2013) relevant to the determination of the application are considered to be:

SP1 National Park Policy Policy 1 Appropriate Development in the National Park SP3 Environmental Protection - Strategic Policy Policy 3 Sites of European Importance

Page 189 Policy 4 Sites of National Importance Policy 5 Sites of Importance for Nature Conversation Policy 6 Biodiversity and Development Policy 7 Protected and Important Wild Species Policy 8 Trees and Development Policy 10 Water Quality Policy 11 Sustainable Use of Water Policy 12 Light Pollution Policy 13 Soil Quality Policy 14 Air Quality Policy 17 The Setting of Listed Buildings Policy 19 Development affecting Conservation Areas Policy 22 Areas of Archaeological Evaluation SP10 Sustainable Distribution of Development K LP1 Definition of Key Settlements K LP2 Key Settlement Appropriate Development K LP3 Mitigating Impact SP15 Supporting Sustainable Communities Policy 50 Retention of Existing Community Facilities Policy 51 Development of New or Extended Community Facilities Policy 52 Welsh Language Policy 53 Planning Obligations Policy 56 Water and Sewage Supply for New Development Policy 58 Sustainable Drainage Systems SP17 Sustainable Transport Policy 59 Impacts of Traffic Policy 60 Provision for Cycling and Walking SP18 Sustainable Use of Land

The proposal has also been considered against the requirements of national planning policy as follows: Planning Policy Wales (edition 8, January 2016)

TAN 5: Nature Conservation and Planning TAN 11: Noise TAN 12: Design TAN 15: Development and Flood Risk TAN 16: Sport, Recreation and Open Space TAN 18: Transport

Taking the nature of the development and the policy context identified above the following are considered to represent the main planning issues, which are considered in the remainder of this report:

- Principle of development (policy K LP2 and policy 51) - Impact on cultural heritage - Impact on the visual amenity of the area - Impact on residential amenity - Impact on ecology - Impact on trees

Page 190 - Impact on the highway and acceptability of parking arrangements - Acceptability of the drainage arrangements - The provision of community facilities - Other material planning considerations

PRINCIPLE OF DEVELOPMENT As identified above the main consideration in determining if the application is in principle acceptable is whether it is in compliance with Policy K LP2 and Policy 51.

The supporting information submitted with the application has demonstrated that the proposed development meets the requirements of Policy 51. (Fulfilling criteria a, c-e) and will act to strengthen existing community facilities to the benefit of the Town and is in compliance with policy K LP2(5) and Policy 51. The Authority's Strategy and Policy Team had no objection to the proposed development, supporting the view that it is in compliance with these policies.

IMPACT ON CULTURAL HERITAGE The site of development is close to the historic town centre of Hay-on-Wye and has the potential to impact on features of cultural heritage (such as scheduled ancient monuments; listed buildings; conservation areas; registered historic landscapes; archaeological remains; and parks and gardens of special historic interest). Potential impacts include: - Loss or direct impact on identified features of historic interest, including undiscovered archaeology. - Indirect impacts on the character or appearance and setting of features of historic interest.

Generally Hay-on-Wye is an area of significant cultural heritage interest and likely to be sensitive to the impact of new development. The Natural Resources Wales Landmap system evaluates the historic landscape of the application site as outstanding describing it as a Medieval castle-borough and market town which became an important regional commercial and transport centre in the post-medieval period and although it failed to develop as a significant industrial centre it has more recently emerged as a regional cultural and tourist centre.

Setting of the Scheduled Ancient Monument Planning Policy Wales explains that the desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application whether that monument is scheduled or not. Furthermore, it explains that where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. Paragraph 17 of Circular 60/96, Planning and the Historic Environment: Archaeology, elaborates by explaining that this means a presumption against proposals which would involve significant alteration or cause damage, or which would have a significant impact on the setting of visible remains.

The proposed development is located within the vicinity of the scheduled monument known as Hay Castle (BR076). The application site (which includes the public car park) is located some 22m south of the boundary of scheduled monument BR076 Hay Castle but the actual school development will be considerably further away separated by the existing car park. The monument consists of the remains of a castle, dating to the medieval period. The castle was constructed to control the Wye Valley and therefore significant views are to the west and southwest with lesser views to the south towards the Brecon Beacons and along the Cusop

Page 191 Dingle. The proposed school will be visible in the significant view to the southwest but will be seen within the settlement of the town and as a replacement of the small existing school. As noted in the Cadw response it will introduce a larger and more modern structure into the view out of the castle. Cadw advise that it will have an adverse impact on the setting of the scheduled monument, but in their opinion this impact will be very slight.

Setting of the registered historic park and garden Planning Policy Wales (Edition 8, 2016) advises that local planning authorities should protect parks and gardens and their settings included in the first part of the Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales.

The site is in the vicinity of the registered historic park and garden known as Hay Castle PGW (Po) 11 (POW).

The current South Garden of the Castle was probably laid out after 1809 AD possibly on the site of an earlier garden established over the outer bailey of the castle. Two significant views have been identified both from Castle House across the south garden towards the Brecon Beacons, one looking south-south-east and the other to the southwest. The proposed development will be visible on the periphery of the identified significant south-south-east view but will be seen within the settlement of the town and as a replacement of the small existing school. As noted in the Cadw response it will introduce a larger and more modern structure into the view. Cadw advise that it will have an adverse impact on the setting of the registered historic park and garden, but in their opinion this will be very slight.

The Hay-on-Wye Conservation Area and Setting of Listed Buildings The proposal site abuts the conservation area and any impact on the conservation area needs to be fully assessed particularly due to the nature and scale of the development. There are listed buildings in close proximity to the application site, in particular George House (Grade II); the curtilage of this property abuts the site. Other listed buildings are more isolated from the proposed school building. The impact on views from the castle which is a significant listed building have been considered elsewhere with a similar impact to that identified in relation to the impact on the setting of the scheduled ancient monument.

The present school, architecturally, has little in keeping with the predominant vernacular style of the buildings in the town centre and there are no objections to its demolition in relation to the conservation area. The NP Senior Heritage Officer (Building Conservation) has noted that the building will form a more dominant architectural form in relation to the adjacent conservation area and when viewed from nearby listed buildings. Initial concerns were expressed, in particular regarding the choice and use of materials. Following amendments to change elements of the building from brick to render the NP Senior Heritage Officer (Building Conservation) withdrew their initial concerns regarding the development. The change in materials are considered to help the building to blend more into its surroundings. The proposed building has been set further away from the conservation area and listed buildings than the existing school. It is considered that it will be seen more in the context of the more modern development in Hay-on-Wye along Forest Road.

The proposal is considered to leave character and appearance of the conservation area unharmed and is not considered to have a harmful impact on the setting of listed buildings. The proposal is considered to be in compliance with policies 17 and 19 of the LDP.

Page 192 Archaeological remains Prior to submission there were no recorded heritage assets at the site. The site is however within an area of archaeological sensitivity, being in close proximity to the medieval and post medieval town of Hay on Wye, and other designated heritage assets. The potential for development to impact on archaeology at the site is material to a decision on the application. To make an informed decision appropriate information is required prior to determination. The applicant was requested to complete an archaeological Desk Based Assessment (DBA). The DBA was carried out and has been used to inform an on site archaeological evaluation. The on site archaeological investigation has been undertaken week commencing the 23 October - during the school half term holiday. The results of the archaeological evaluation are intended to be available prior to the 16 November Planning Access and Rights of Way Committee.

Planning Policy Wales (Edition 8; 2016) advises in paragraph 6.5.2 that "If important remains are thought to exist at a development site, the planning authority should request the prospective developer to arrange for an archaeological field evaluation to be carried out before any decision on the planning application is taken". It is considered that the archaeological field evaluation is required prior to a final decision on the application and is not a matter that could be appropriately secured through a planning condition.

Members will therefore be updated on the results of the evaluation at the Planning Access and Rights of Way Committee so that it can be appropriately considered in reaching a decision on the application. Advice on the acceptability of the impact on archaeology and compliance with relevant national planning policy is therefore subject to the results of the evaluation.

Overall heritage impact As described above the full impact on cultural heritage - specifically the potential archaeological impact of development remains unquantified; at the time of writing the report the applicants were undertaking an onsite evaluation of archaeology. The evaluation should be completed prior to the Planning Access and Rights of Way Committee on the 15 November and the results should be available for this matter to be taken into account by Members following an Officer update during the meeting.

Subject to the addressing of the potential archaeological impact of development; the proposal is considered to be reasonably in line with development plan policies (SP1, 1, 17, 19 and 22). The impacts identified above are taken into account in the balancing exercise below.

VISUAL AMENITIES OF THE AREA As identified in relation to heritage issues, the current school is of little architectural merit and offers little to the visual amenities of the area; it is however considered to be sited in a less prominent position than the proposed school. It is considered that the school will be most prominent when viewed from the car park for example there will be clear views from the Oxford Road car park entrance. It will also be close to the path between Forest Road and the car park. It will be visible from private residential properties, such as those along Forest Road, De Breos Court and Oxford Road.

The school will appear as a new modern addition to the view, the form and appearance of the school buildings are considered to be reasonably justified for the appropriate functioning of the school. The teaching wing element of the school which has the greatest floor area is a relatively low building together with the taller hall building it would not be overly dominant

Page 193 or intrusive within the wider street scene. With the appropriate uses of materials it is considered that the proposal will not detract from the visual amenities of the area.

Natural Resources Wales has been consulted on this application. They raise no objection to the development on landscape impact grounds. It is considered appropriate to have full samples of the proposed finishing materials of the building prior to the construction works commencing. This can be secured via a suitably worded planning condition.

The proposed development is considered acceptable in visual amenity terms and accords with the requirements of policies SP1, K LP2 and Policy 1 of the adopted LDP.

IMPACT ON RESIDENTIAL AMENITY The existing school is sited in a location that borders existing residential properties. Many of the boundaries of the school are well established and remain unchanged by the development. On the school side of boundary a 2.1m high anti-climb fence is proposed to be installed at the site, the layout plan notes that the exact extent of this fence will depend on an on-site inspection of the existing fencing and its capability for re-use. The securing of appropriate boundary treatments has been raised in third party representations and it is considered that this can be secured through a planning condition together with details of the visual appearance and extent of the fence. As noted the proposal involves only limited change to the existing boundary treatments at the site and where necessary an improvement to the security of the school; which is considered acceptable in terms of residential amenity.

The re-positioning of the school towards the south brings it closer to adjoining residential development along this boundary. Based on an assessment of the plans and a site inspection it is considered that there is sufficient distance between the neighbouring properties. The design and height of the school would not lead to unacceptable impacts through loss of light, loss of privacy or an overbearing impact.

Given the context of the development within the town and close to neighbouring properties, it is considered that there is potential for there to be detrimental impacts from construction activities. The Powys County Council Environmental Protection Officer has recommended planning conditions to address this. As construction is of temporary duration and there is reasonable separation to neighbouring properties it is considered that the proposal will be acceptably mitigated subject to the imposition of recommended conditions.

The plans show kitchen plant sited on the roof of the school, which may lead to noise disturbance from its operation. The Powys County Council Environmental Protection Officer has recommended that this potential issue is mitigated by a condition that plant noise must not be more than 5db below background noise levels at noise sensitive properties.

External lighting that ensures protection of residential amenity can be secured through a planning condition requiring the submission of a lighting scheme for the site.

The use of this site as a school is well established and appears an accepted part of this area of Hay-on-Wye. The re-positioning and design of the new school will not it is considered lead to harm to the amenity of neighbouring properties. Other impacts on amenity can be effectively mitigated through the use of planning conditions. The proposal is therefore considered to be acceptable in terms of its residential amenity impact and to be in compliance with Local Development Plan policy 51(e) and Planning Policy Wales (Edition 8; 2016).

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ECOLOGICAL IMPACT The site of development is occupied by a school and there are playing fields and grounds fringed with trees. It is considered that there is inherent potential for ecological interest at the site given these features. The applicants undertook surveys of the site and these have quantified the likely ecological impact of development. Supporting information has been submitted on the condition and location of a culvert that is in close proximity to the site - this culvert would allow for a direct route from the site to the River Wye Site of Special Scientific Interest / Special Area of Conservation. The application is also supported by an Ecological Appraisal Report and a Pollution Prevention Plan.

Natural Resources Wales initially raised significant concerns regarding the development. Their main concern was regarding the presence of a culvert at the site and the potential of damage to or pollution entering the culvert at the site during construction. The applicant addressed this by submitting a report to the local planning authority and to the Lead Local Flood Authority for review. Following the submission of this the route of the culvert was confirmed as being along the fringes of the site and a CCTV drainage assessment confirmed that the culvert was in sound condition. The lead local flood authority confirmed agreement with the culvert investigation.

The NP Ecologist has undertaken a Test of Likely Significant Effect (TLSE). The TLSE concluded that the development would not have a likely significant effect on the River Wye Site of Special Scientific Interest (SSSI) and Special Area of Conservation (SAC). This view is based on the improvement to the surface water drainage system from the current discharges from the school. The proposal will contain appropriate pollution control features and a pollution prevention plan can prevent impacts during construction. A detailed surface water drainage strategy based on the principles of the drainage strategy submitted with the application and a Construction and Environmental Management Plan (CEMP) based on the Pollution Prevention Plan submitted with the application can both be secured through a planning condition.

The Wildlife and Countryside Act 1981 (as amended) places a duty on public authorities in exercising their functions, so far as this is likely to affect the flora, fauna, geological or physiographical features of a SSSI, to take reasonable steps consistent with the proper exercise of their functions to further the conservation and enhancement of those features. By satisfying the requirements regarding the SAC, as indicated above, it is the requirements for the SSSI are also viewed to be met.

In relation to other ecological features at the site; it is predominantly amenity grassland with trees and ornamental shrubs; there is also a wildlife garden with a small pond. Much of the rest of the site is occupied by the school buildings and areas of hard-standing.

The potential for impacts on wildlife has been fully considered by the NP Ecologist, who has advised based on the applications supporting ecological information that: - Appropriate surveys of the site have been undertaken and there is no evidence of bat roosting; - No evidence of Great Crested Newt presence has been found in the school pond; - Appropriate mitigation for hedgerow loss has been identified; and - Details of external lighting can be secured by an appropriately worded planning condition.

Page 195 The proposal is considered to comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the LDP. It is also considered to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016.

TREE IMPACT The application is supported by a tree survey and arboricultural impact assessment and a tree protection plan. This surveyed a total of 39 individual trees, 5 groups of trees and one hedgerow. The trees were a mix of native and non-native species, mostly located around the edges of the site. There is one category A tree (T16 Sycamore), 18 category B individual trees and groups of trees, 24 category C individual trees, groups of trees and hedgerow, and one category U tree for removal (T7 Rowan - this tree has already been removed).

The proposed layout plan indicates that part of the bank in front of four trees would have to be removed to allow for the new parking area. But it is not clear from the plan how much would have to be removed. No cross sectional details of this area have been provided and it appears that the nearby trees will have extended their roots across the entire bank alongside the existing driveway.

The tree impact information has been reviewed by the National Park Authority Tree Consultant who has advised that they have no objection to the proposal subject to appropriate conditions. The recommended conditions are: to ensure adequate tree protection; to provide a cross sectional plan showing the potential impact on the four trees; and the provision of adequate landscaping and planting to mitigate for any trees removed.

Subject to the imposition of the conditions suggested it is considered that the proposal will have an acceptable impact on trees and is in compliance with Policy 8.

HIGHWAYS IMPACT It is considered that the proposed development is acceptable in highway safety terms.

A Transport Statement by a consultant has been submitted in support of the application. This statement outlines the existing situation and the impact of the proposed development. The school's main access is from the Oxford Road car park. A footway is provided from the zebra crossing on Oxford Road to the school's entrance and provides pedestrians with a safe route that is segregated from traffic. Pedestrians can also access the school from Forest Road via a footpath that links Forest Road and the Oxford Road Car Park. This provides a convenient access to those walking from homes on the western side of the town located along Forest Road and Brecon Road. There are footways along both sides of Forest Road. At the point where the pedestrian access emerges onto Forest Road there is an uncontrolled pedestrian crossing facility that provides a link to the street's southern footway.

The school currently only has vehicular access from the Oxford Road car park. Staff park along the school's access road where there is informal parking space for around 10 cars. Staff also park in the public car park and are provided with parking permits that are issued monthly by Powys County Council. Parents dropping-off and collecting children use the Oxford Road car park. There are some 350 spaces within the car park that provides sufficient space to accommodate the school's parking demand at the start and end of the day. A survey of current habits identified that the majority of pupils and staff travelling to and from school use motorised transport.

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As part of the development a new 30-space car park will be provided within the grounds of the school. From the adjoining public car park some 40 parking spaces will be allocated for the school's use. 313 of the Oxford Road Car Park's spaces will remain unaffected by the proposals.

The impact on parking at the site has been raised in third party representations. The allocation of parking spaces to the school within the car park has been suggested as potentially leading to pressure to extend the car park within Hay-on-Wye and to potentially lead to issues of on street parking and congestion when the car park is at full capacity.

The applicant indicates that fully onsite parking was explored but it was concluded that: "The requirement initially to provide the full provision of car parking on the school site meant that the site could not accommodate a MUGA as well as the grass pitch. Car parking numbers required on site were then adjusted downwards to 30 spaces for staff, given the proximity of the adjacent public car park, which can be used for parent drop-off and overflow staff parking if necessary. This allowed a MUGA and pitch to be accommodated on the site." The car parking arrangement put forward has therefore been for use of the public car park for picking up and dropping off, together with an onsite staff car park.

The Local Highways Authority has commented on the proposal and offered no objections to the proposed development. They have commented that "In order to accommodate the alterations within the car park it is likely that this Authority will need to make further amendments which will likely add some additional spaces thereby ensuring that an adequate number of spaces are retained. In addition, the 30 spaces to be constructed as part of the school project will require a Car Park Order be confirmed in order to ensure that the spaces will be available for public use outside of school times." As noted by the Local Highways Authority the car parking allocated to the school can be available for the public outside of school hours.

No issues have been raised regarding the use of the access to the Oxford Road car park or the routes used by school users by the Local Highways Authority and these arrangements are considered acceptable.

In line with the advice of the local highways authority; it is considered that the parking demand generated by the proposed development can be accommodated by a combination of the parking being provided within the school premises and by the neighbouring Oxford Road public car park. Subject to the imposition of the recommended conditions the proposal is considered to be in compliance with Policy 59.

DRAINAGE

Flood Risk The site is entirely sited within Flood Zone A of the Development Advice Maps contained within Technical Advice Note 15 Development and Flood Risk (2004) and elevated above extreme fluvial flood levels, including the main accesses and egress points to the site.

The surface water drainage strategy for the site includes a restricted discharge into the existing surface water outfall from the site into the culverted watercourse running adjacent the eastern and southern boundaries of the site. The MUGA will drain via infiltration and

Page 197 separate to the main drainage catchment. Surface water will run through a series of catchpits/silt traps, separators and filter drains prior to discharging to the culverted watercourse.

With the exception of run-off that may enter from the proposed access, the development site is largely protected from inundation by off-site surface water run-off. The applicant's drainage strategy has demonstrated that through the introduction of attenuation and SUDS enhancements the proposed development will demonstrate net benefit and reduce flood risk to neighbouring / downstream properties.

The residual flood risk is considered low and the impact localised, subject to the applicants complying with the proposed measures in their drainage strategy. No objection to the application has been made by relevant consultees: Natural Resources Wales, Dwr Cymru Welsh Water (DCWW) and Powys County Council as Land Drainage Authority / Lead Local Flood Authority. The conditions recommended by these parties can be imposed and will ensure that the drainage arrangements are appropriate.

Foul drainage and water supply Dwr Cymru Welsh Water (DCWW) has confirmed there is sufficient capacity within the Public Sewer in Forest Road to accommodate the development. They also note that they can supply potable water to the development.

THE PROVISION OF COMMUNITY FACILITIES The provision of community facilities has been raised in representations in particular from the Town Council. In their view the provision within the school is not equivalent to facilities lost within the town. They give their view that the proposed facilities will not be equivalent to what has been lost within Hay-on-Wye and that this would fail to comply with Policy 50 of the LDP.

Their opinion on the development has been passed on to the applicant's agent, so that Powys County Council are aware of the points raised and the Town Council's concern. The school building will incorporate a 105 sq.m. Community Room and a 52sq.m. Library/Store plus support space. The applicant's supporting design and access statement notes that "the inclusion of a library and community room will encourage even greater opportunities to share these new facilities as much as possible", suggesting that the use of elements of the school areas by the community maybe possible. The community uses will be housed within a modern flexible and up to date building. The Town Council make a range of points about the internal layout and flexibility of the space, such as the potential for a retractable wall to the school hall and the inclusion of a tea point (rather than kitchen facilities). These points largely relate to the internal layout and detail of the design and future use of the premises and go beyond the role of the planning system in regulating development.

In principle as the proposal will result in the creation of new community facilities; it will not contravene Policy 50 of the LDP which relates to the retention of existing community facilities.

OTHER MATERIAL CONSIDERATIONS The application will have potential to impact on the playing field provision that exists at the school and the new development will also need to comply with playing field space requirements in the School Premises Regulations. The application was therefore referred to the Sports Council Wales. They have advised that they have no objection to the proposal. It

Page 198 is considered that the provision of these facilities is in line with the requirements of Technical Advice Note 16 Sport, Recreation and Open Space (2009).

The Powys County Council Contaminated Land Officer has noted that the site has made ground and fuel storage uses, which are potential sources of contamination and relate to the existing school use. Historical evidence indicates that there was no development at the site prior to the building of the school in 1974. In order for the potential for contamination to be addressed standard contaminated land conditions are recommended. NRW have recommended that a condition to address unsuspected contamination is imposed; this condition has the same purpose as a condition recommended by the PCC Officer and is not repeated. Subject to these conditions it is considered that the proposal will comply with the requirements of Planning Policy Wales (Edition 8, 2016) in respect to contaminated land.

Powys County Council as the body responsible for Environmental Health in relation to food hygiene have commented on the application and raised issues related to the legislation that they enforce. This has been drawn to the attention of the applicant's agent.

The Town Council and neighbours have noted that the proposal also involves the re-siting of the recycling bins within the car park. Third parties consider that the more central location will be more prominent and harmful than the current site along the school boundary. They also note that the area for recycling bins appeared reduced. While noting these concerns it is considered that there is a clear benefit from separating the school drop off parking from the area where recycling facilities are located. It is considered that they are a relatively small part of the wider car park and while not particularly attractive they are not viewed to be significantly harmful to the appearance of the car park and the surrounding area.

OVERALL CONCLUSION AND PLANNING BALANCE This conclusion draws on the individual key issues identified above and all other material considerations identified in relation to the proposal. This proposal is in close proximity to heritage assets in particular it is located within the setting of a scheduled ancient monument and close to listed buildings and a conservation area. The setting of the scheduled ancient monument is however not significantly impacted by the school in the view of Cadw. When compared to the benefits of the scheme in providing a modern and improved school facility in the centre of Hay, it is considered that the detrimental impacts of the development identified by Cadw are clearly outweighed. It is considered that the detrimental impacts of the development are limited and localised and are not unacceptable or significant.

The proposal is considered to be in line with planning policies SP1, 1, SP3, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 17, 19, 22, SP10, KLP1, KLP2, KLP3, SP15, 50, 51, 52, 53, 56, 58, SP17, 59, 60 and SP18.

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 ((05)100 (NP1v1), (05)101 Rev A (NP2v2), (05)102 (NP3v1), (05)103 (NP4v1), (05)104 Rev A (NP5v2), (05)105 Rev A (NP6v2), (05)106 Rev A (NP7v2), (05)107

Page 199 Rev A (NP8v2), (05)108 Rev A (NP9v2), 1 ACAD-HAY-ON-WYE-PRIMARY- SCHOOL Rev R1 (Topo) (NP10v1), 2 ACAD--HAY-ON-WYE-PRIMARY-SCHOOL Rev R1 (Topo) (NP11v1), 1 ACAD-HAY-ON-WYE-PRIMARY-SCHOOL Rev R1 (Utility) (NP12 v1), 2 ACAD-HAY-ON-WYE-PRIMARY-SCHOOL Rev R1 (Utility) (NP13 v1). 3 Prior to the commencement of development a Construction Method Statement and Environmental Management Plan shall be submitted to and approved in writing by the Local Planning Authority in respect of the control of noise and dust during the landscaping and construction phases. 4 All works and ancillary operations which are audible at the site boundary shall be carried out only between the following hours: 8am to 6pm Monday to Friday 8am to 1pm Saturday At no time on Sunday and Bank Holidays Deliveries to and removal of plant, equipment, machinery and waste, including soil, from the site must also only take place within the permitted hours detailed above. 5 The maximum plant noise level associated with the development to be 5dB below existing background levels at the nearest noise sensitive property. 6 An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons (a contaminated land specialist with proven experience within the contaminated land industry) and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: o human health, o property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, o adjoining land, o groundwaters and surface waters, o ecological systems, o archeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and the WLGA document 'Development of land affected by contamination: a guide for developers' 2012 . Item (iii) above should not be submitted until written approval has been obtained from the Local Planning Authority for items (i) & (ii). 7 A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the

Page 200 Environmental Protection Act 1990, The Contaminated Land (Wales) Regulations 2001 in relation to the intended use of the land after remediation. The detailed remediation scheme should not be submitted until written approval for Condition 6 has been received from the Local Planning Authority. 8 The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. The verification report contents must be agreed with the Local Planning Authority before commencement of the remediation scheme. 9 In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 6, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 7, which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 8. 10 A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of duration to be agreed in writing with the Local Planning Authority and the provision of reports on the same must be prepared, both of which are subject to the approval in writing of the Local Planning Authority.

Within six months following the completion of the measures identified in that scheme and the achievement of the remediation objectives, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority.

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. 11 Only foul water from the development site shall be allowed to discharge to the public sewerage system and this discharge shall be made at the 225 mm combined sewer between manhole reference number SO22428050 and SO22427004 located in Forest Road as indicated on the extract of the Sewerage Network Plan attached to this decision notice. 12 No development shall commence until a drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The scheme shall provide for the disposal of foul, surface and land water, and include an assessment of the potential to dispose of surface and land water by sustainable means. Thereafter the scheme shall be implemented in accordance with the

Page 201 approved details prior to the occupation of the development and no further foul water, surface water and land drainage shall be allowed to connect directly or indirectly with the public sewerage system. 13 The approved use shall not commence until an adequate grease trap has been fitted in accordance with details that have been submitted to and approved in writing by the local planning authority. Thereafter the grease trap shall be maintained so as to prevent grease entering the public sewerage system. 14 Prior to commencement of development works, a Construction and Environmental Management Plan (CEMP) and full working method statement shall be submitted to the Local Planning Authority and shall be implemented as approved. Construction measures and the method statement shall incorporate the recommendations in Section 5 of the ecological report dated July 2016. The CEMP shall also include a detailed and final Pollution Prevention Plan based on the Version 1.0 document submitted. 15 Within 6 months of the first beneficial use of the development, a Biodiversity Enhancement Scheme shall be submitted to the Local Planning Authority for written approval. The biodiversity enhancement scheme shall be implemented within 12 months of the first beneficial use of the development hereby approved, in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. Following the implementation of the approved scheme, a report confirming adequate installation shall be submitted to the Local Planning Authority. 16 Prior to the commencement of the development a Landscaping and Ecological Management Plan that shall include use of native species shall be agreed with the Local Planning Authority. The scheme shall be implemented in the first planting season following implementation of the development and shall include provision for the long-term management of the landscaping and ecology of the site. The plan shall include details of the planting specifications - the species, sizes and planting densities - and a timetable for implementation and future management to ensure good establishment. 17 No external lighting shall be installed until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with wildlife corridors and bat mitigation/enhancement measures and shall be implemented as approved. 18 Prior to the commencement of development, a detailed surface water drainage strategy shall be submitted to the Local Planning Authority for written approval and shall be implemented as approved. 19 No development shall commence until the culvert survey findings and full engineering details/drawings to reflect the flood risk mitigation works recommended in the Cambria Consulting Limited Flood Consequences Assessments and Drainage Strategy report dated July 2016 and, the incorporation of a 3 metre wide maintenance strip alongside the culverted watercourse have been submitted to and approved in writing by the Local Planning Authority. These details shall show the finished floor and external landscaped levels for the area adjacent to the culverted watercourse. The flood risk mitigation works shall be functional prior to first occupation of the new school building. 20 No development shall commence until a scheme showing the detailed design for the surface water drainage of the site has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be completed before any part of the development is occupied. The scheme to be submitted shall show foul drainage being connected to the public sewerage system. These details shall include a

Page 202 management and maintenance plan for the lifetime of the development which shall include arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the surface water drainage system throughout its lifetime. 21 Prior to any works of demolition the following shall be submitted to and approved in writing by the Local Planning Authority: a) An update to the tree protection plan submitted with the application to ensure that all trees on site are protected, with particular reference to the proposed pollution prevention plan site layout. b) If the existing slope alongside trees 28 - 35 is to be altered for the new car parking, a cross section plan shall be provided to show how much of the bank will be removed, and an arboricultural method statement shall be submitted to detail how this will be carried out without damaging tree roots in that area. c) A landscaping and planting plan is provided to show new tree planting as mitigation for the trees removed. It should clearly show the location of the new trees, detail the tree species, size of tree, numbers of each species and planting and staking methods to be used. The development shall be undertaken in full accordance with the details approved under a, b and c above. 22 Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the storage of all construction materials and for the parking of all construction vehicles together with a vehicle turning area. The parking and turning area shall be constructed to a depth of 0.45 metres in crusher run or sub-base and be 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. 23 Prior to commencement of any works on site a Construction Management Plan shall be submitted and approved in writing by the local planning authority and thereafter fully implemented in accordance with the approved details. 24 Prior to the occupation/first use of the new school all on-site infrastructure including car parking spaces, access and circulation areas as detailed on drawing HAY00 PL A (05) 101 shall be fully completed to the written satisfaction of the local planning authority. 25 Prior to their first use full details or samples of materials to be used externally on walls and roofs (including details of the solar panels to be installed) shall be submitted to and approved in writing by the Local Planning Authority. 26 Before development commences a plan showing the extent of new boundary fencing and details of the materials to be used and appearance of the fence shall be submitted to and approved in writing by the local planning authority. The fence shall be constructed in accordance with the approved details and completed prior to the first occupation of the new school building.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. ****), unless otherwise agreed in writing by the Local Planning Authority. 3 In the interests of residential amenity.

Page 203 4 In the interests of residential amenity. 5 In the interests of residential amenity. 6 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Planning Policy Wales (2016) 7 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Planning Policy Wales (2016) 8 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Planning Policy Wales (2016) 9 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Planning Policy Wales (2016) 10 To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Planning Policy Wales (2016) 11 To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment. 12 To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment. 13 To protect the integrity of the public sewage system and ensure the free flow of sewage. 14 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 15 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 16 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016.

Page 204 17 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. To also ensure protection of residential amenity. 18 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP. To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016. 19 To ensure that the proposed development does not compromise the function of the existing waterbody and that any proposed alterations are fully compliant with regulations and are of robust design. 20 To ensure that the proposed drainage systems for the site are fully compliant with regulations and are of robust design. 21 To ensure adequate tree protection during demolition and construction works. 22 In the interests of highway safety and the free flow of traffic on the public highway in accordance with Local Development Plan policy 59. 23 In the interests of highway safety and the free flow of traffic on the public highway in accordance with Local Development Plan policy 59. 24 In the interests of highway safety and the free flow of traffic on the public highway in accordance with Local Development Plan policy 59. 25 To ensure adherence to the approved plans and to protect the general character and amenities of the area, the setting of the conservation area, listed building and scheduled ancient monument. In accordance with Local Development Plan policy 1. 26 To ensure adherence to the approved plans and to protect the general character and amenities of the area; in accordance with Local Development Plan policy 1.

Informative Notes:

1 During construction (including soil movement and landscaping activities) the contractor shall take all reasonable steps to prevent dust formation from dusty activities and any dust formed shall be prevented leaving the site by continuous watering down. 2 The Council's guidance leaflet on the development of sites with potential land contamination is attached. Further advice on compliance with this condition may be obtained by contacting the Environmental Health Service on 0870 1923757. 3 The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com 4 It appears that the site is not crossed by public sewers. However, the applicant is advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred

Page 205 into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. 5 Foul drainage from the proposed development should be conveyed to the main foul sewer, subject to the agreement by Dwr Cymru WelshWater. There must be adequate capacity at the receiving sewage treatment works to treat the additional flows. Consent is required from the service provider to connect into the foul main sewer. 6 Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000 7 It is strongly advised that thorough site assessments are undertaken in relation to other constraints on and around the site which are not planning related but that you will need to consider and contact the responsible Authority or provider. These may include the location of utility infrastructure such as main sewers crossing the site, electricity lines, telephone lines, water pipelines (this list is not exhaustive). 8 Foul drainage from the proposed development should be conveyed to the main foul sewer, subject to the agreement of Dwr Cymru Welsh Water. There must be adequate capacity at the receiving sewage treatment works to treat the additional flows. Consent is required from the service provider to connect into the foul main sewer.

Page 206 ENC6Item 7

ITEM NUMBER: 7

APPLICATION NUMBER: 16/13829/FUL APPLICANTS NAME(S): Powys County Council SITE ADDRESS: Land At And Adjacent To Llangors Church In Wales Primary School Llangors Brecon LD3 7UB GRID REF: E: 313301 N:227674 COMMUNITY: Llangors DATE VALIDATED: 20 September 2016 DECISION DUE DATE: 18 October 2016 CASE OFFICER: Donna Bowhay

PROPOSAL Demolition of existing primary school and construction of a new primary school and associated works

ADDRESS Land At And Adjacent To Llangors Church In Wales Primary School, Llangors, Brecon

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CONSULTATIONS/COMMENTS Dwr Cymru Welsh Water - Developer Services 10th Oct 2016 We refer to the recent amendments made to the above application, and wish to provide the following comments in respect to the new details proposed. Our understanding is that the only amendment in relation to drainage refers to the revised surface water route to the outfall as indicated on drawing no. CC1555 CAM 00 00 GA C 103 and 104 revision P2, with no alteration made to the foul water strategy. Therefore on this basis we have no further comment to make and stand by our previous response dated 22 August 2016.

However, if our understanding is incorrect, or 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.

Dwr Cymru Welsh Water - Developer Services 23rd Aug 2016 We refer to your planning consultation relating to the above site, and we can provide the following comments in respect to the proposed development.

We would request that if you are minded to grant Planning Consent for the above development that the Conditions and Advisory Notes provided below are included within the consent to ensure no detriment to existing residents or the environment and to Dwr Cymru Welsh Water's assets.

SEWERAGE Conditions No development shall commence until a drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The scheme shall provide for the disposal of foul, surface and land water, and include an assessment of the potential to dispose of surface and land water by sustainable means. Thereafter the scheme shall be implemented in accordance with the approved details prior to the occupation of the development and no further foul water, surface water and land drainage shall be allowed to connect directly or indirectly with the public sewerage system.

Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment. The approved use shall not commence until an adequate grease trap has been fitted in accordance with details that have been submitted to and approved in writing by the local planning authority. Thereafter the grease trap shall be maintained so as to prevent grease entering the public sewerage system.

Reason: To protect the integrity of the public sewage system and ensure the free flow of sewage. Advisory Notes

The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public

Page 208 Page 2 of 66 sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com

The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

SEWAGE TREATMENT

No problems are envisaged with the Waste Water Treatment Works for the treatment of domestic discharges from this site.

WATER SUPPLY

Dwr Cymru Welsh Water has no objection to the proposed development.

The proposed development is crossed by a trunk/distribution watermain, the approximate position being shown on the attached plan. Dwr Cymru Welsh Water as Statutory Undertaker has statutory powers to access our apparatus at all times. I enclose our Conditions for Development near Watermain(s). It may be possible for this watermain to be diverted under Section 185 of the Water Industry Act 1991, the cost of which will be re-charged to the developer. The developer must consult Dwr Cymru Welsh Water before any development commences on site.

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]

Please quote our reference number in all communications and correspondence.

Llangors Community Council 13th Oct 2016 Thank you for the revised correspondence regarding the above planning application. Llangors

Page 209 Page 3 of 66 Community Council have recently held a meeting where the matter was discussed. The Community Council support the revised details subject to the comments submitted in our letter dated 21/8/16, which remain valid. We would be very grateful if we could have a response to the points raised in that letter. We look forward to hearing from you.

Llangors Community Council 23rd Aug 2016 Thank you for the correspondence regarding the above planning application. Llangors Community Council have recently visited the site and held a meeting where the matter was discussed. The Community Council note the site for the proposed new school is outside of the BBNPA LDP village boundary and it is assumed the application is being considered as a major development on an edge of settlement exception site in line with LDP Policy 4.8 and ELP1. The new school is on agricultural land and change of use of the land to Community use is not specified within the application. The design of the building at the entry to the village does not appear architecturally attractive, perhaps determined by monetary constraints.

Llangors Community Council welcome the proposal for a new school in order to support the sustainability of the community, its economy and employment opportunities The Community Council supports the application subject to the following matters being considered.

1. Shared Community Asset. The grounds of the current school which forms part of this application is a long established asset shared with the community outside of school hours for recreational purposes. This recreation area available for Llangors residents of all ages is the only suitable area available in the village and it is paramount that the facility continues to be available. It is an essential asset for the community and aids social and physical wellbeing and quality of life for residents. In line with the BBNPA LDP policy chapter 8 regarding planning obligations/conditions, the Community Council seek planning gain to secure the future provision of this community facility. This to include all recreational land/play areas associated with the proposed school as being available for Community recreational use daily outside of school hours. Securing this asset as a planning obligation/condition will strengthen and enhance community cohesion for the enjoyment of future generations. Such planning obligations/conditions for community recreation areas are supported by Powys County Council (PCC) Outdoor Recreation policy. PCC officer Stephan Butcher can provide assistance with this matter should it be required.

2. Car parking proposals and agricultural access point a) Number of spaces being provided. The submitted transport statement acknowledges that there are 65 cars associated with pupils arriving at the school at the end of the school day, and 11 car parking spaces are required for staff. Providing 56 spaces and 3 disabled spaces therefore means a shortfall of 20 spaces. We understand that the applicants are seeking to use the Llangors Youth & Community Centre car park as well, subject to a written agreement, however we seek to ensure that the amount of parking spaces provided at the school remains as per the proposal as a minimum, and will certainly not be reduced in number at any stage in the future. b) Agricultural access off the proposed school car park. Reports submitted indicate significant work has been carried out to ensure the safety of users of this car park. It is then of much concern that the proposal allows for a shared use of the entrance and highway into the school

Page 210 Page 4 of 66 including a 15ft agricultural access to multiple fields next to the site. It would appear that access to the farmland is either around the one way system or incorrectly crossing it. Additionally, has consideration been given to farming activities and the risks associated with it (potential animal waste or chemical spill etc.) and this access so close to a school? It is envisaged that any type of restricted access to farmland would not be functional for the landowner. c) Agricultural access off the main highway. Plan NP2v1 indicates that the agricultural access close to the junction with Llangors Lake is to be filled in, however plan NP17v1 does not indicate the same. It is therefore unclear what the proposal is for this agricultural access. It is suggested consideration be given for agricultural access to remaining farmland only be directly from the main highway via an existing access as opposed to the proposed 15ft gated access via the school site entrance.

3. Main highway proposals a) Plan NP17v1 fails to show all entrances in the vicinity of the site. It does indicate that the existing buildout will be removed and a new buildout provided nearer to the property known as Beacons View. The Community Council are concerned about this proposal as the visibility of the new buildout, when travelling towards Llangors village, will be poor due to a bend in the road. Presently at peak times there are often 2 or 3 cars backed up at the point of the build out along with larger vehicles such as a dustbin lorry and secondary school buses. Additionally there are articulated lorries which transport static caravans to and from Llangors Lake and it is unclear whether the proposed site of the new buildout will allow this manoeuvre. We request the site of the buildout be re assessed to include an analysis of swept paths for the Llangors Lake junction. b) The submitted transport statement highlights the volume of traffic descending on Llangors at school times. The proposed site being outside of the LDP village boundary and the highway proposals spreading to existing areas of highway where safety concerns already exist, enhances the urgent need to improve the highway infrastructure at the entrance to the village and the area of the Lake junction. BBNPA LDP settlement assessment report for candidate site A (now the proposed site of the new school) acknowledges that the road is "quite narrow in places". To avoid any detrimental impact on highway safety whist granting permission at this site and in line with BBNPA LDP chapter 8, the Community Council seek planning gain in the form of a planning condition/obligation to improve the highway that serves the proposed site and in so doing provide a safer route to school. This will also ensure a long term benefit for residents and tourists visiting Llangors Lake, a key/targeted tourist area within the BBNP. c) Road to Llangors Lake. Plan NP17v1 correctly shows an existing footway from Llangors village to the junction with Llangors Lake. At this point to continue the route to Llangors Lake pedestrians have to walk the narrow road. Pedestrians include the pupils of Llangors primary school on educational visits to the Lake area. Safety of all pedestrians between the highway junction with the main road and cattle grid at the entrance to Llangors common has been of concern for many years. PCC have a road safety and traffic management scheme drawn up for this area which was approved for the roads capital programme in April 2014, but removed due to budget constraints in June 2015 - PCC Derek Price, Principal Engineer (Roads) is dealing with this case. In line with BBNPA policy the Community Council seek a planning condition/obligation to commence/complete this scheme in order enhance the safety of the school children using this route for educational visits to Llangors Lake along with the added benefit to highway safety provided for residents and tourists alike.

Page 211 Page 5 of 66 4. Play equipment at Llangors Youth & Community Centre. There is a small enclosed area of play equipment sited at the side of the centre which is in need of upgrading. This equipment is extensively used by Llangors primary school children at the end of the school day whilst they await siblings to finish after school clubs before departing Llangors for home. Llangors Youth & Community Centre, who have been keen to assist with the progress of the Community Focused 21st Century Schools project at Llangors, are seeking a monetary contribution towards the renewal of this equipment. The Community Council support this request in the form of a planning obligation/condition and would particularly wish to see this money available should point 1 above not be possible. 5. The Oak tree to be felled at the proposed new entrance to the site has a silver disk on it and a number 1278. The significance of the disc/number is unknown, however we would appreciate if you could check if this tree has a preservation order on it.

We trust this information will be considered. To achieve a positive outcome for all parties we would welcome a meeting to discuss our requests further in order for all parties to better understand the position of the Community Council and the views of our residents. Please do not hesitate to contact me at your convenience to discuss this matter.

Natural Resources Wales/Cyfoeth Naturiol Cymru 14th Oct 2016 Thank you for re-consulting Natural Resources Wales (NRW) regarding the above planning application on 27 September 2016. We note that the proposed change of materials- replacement of red brick with painted render- is an improvement in relation to local distinctiveness. We have no further comments to offer in respect of landscape matters. I can confirm that the comments made and the conditions requested in our previous response (our ref: CAS-21902-M0W7; dated 01 September 2016) in respect of European Protected Species and unsuspected contamination still stand.

Natural Resources Wales/Cyfoeth Naturiol Cymru 1st Sep 2016 Thank you for consulting Natural Resources Wales (NRW) regarding the above planning application on 02 August 2016. We recommend that you should only grant planning permission if you attach the following conditions. These conditions would address significant concerns that we have identified and we would not object provided you attach them to the planning permission. Summary of Conditions: Condition 1: European Protected Species- mitigation Condition 2 & 3: European Protected Species- licence Condition 4: European Protected Species- lighting plan Condition 5: Unsuspected Contamination Condition 6: Landscape Scheme and Landscape and Ecological Management Plan Further details in relation to each condition is given below. Conditions 1- 4: European Protected Species We welcome the submission of the document entitled 'Ecological Appraisal Report - Llangors Church in Wales Primary School, Powys Schools' (dated July 2016) by RPS. We note that the

Page 212 Page 6 of 66 school building to be demolished was found to be used as a roost by a soprano pipistrelle bat. A veteran oak to be removed as a result of the works was found to support a roost of at least 10 soprano pipistrelle bats. Furthermore, activity surveys and remote recording found that the boundary hedgerows and woodland edge are used by at least seven species of bats, including light-sensitive species such as lesser horseshoe and brown long-eared bat. Bats and their breeding sites and resting places are protected under the Conservation of Habitats and Species Regulations 2010 (as amended). Where bats are present and a development proposal is likely to contravene the legal protection they are afforded, the development may only proceed under licence issued by Natural Resources Wales, having satisfied the three requirements set out in the legislation. A licence may only be authorised if: i. The development works to be authorised are for the purpose of preserving public health or safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment; ii. There is no satisfactory alternative; and iii. The action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in its natural range.

Paragraph 6.3.7 of Technical Advice Note 5: Nature Conservation and Planning (TAN5) states that your Authority should not grant planning permission without having satisfied itself that the proposed development either would not impact adversely on any bats on the site or that, in its opinion, all three conditions for the eventual grant of a licence are likely to be satisfied. It is our understanding that the proposed works affecting the two bat roosts on site are to be undertaken at different times, with the tree roost to be removed prior to construction of the new school buildings, and the demolition of the old structures to follow later. On the basis of the information provided, we are of the view that the proposed development is likely to give rise to the need for EPS licence applications.

However, we do not consider that the proposal is likely to be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in its natural range, provided that appropriate mitigation measures are put in place for the loss of both known roosts. Therefore, we do not object to the proposal, subject to conditions being imposed on any planning permission granted to ensure: 1. A detailed working method statement for felling the tree containing the soprano pipistrelle bat roost is submitted to the Local Planning Authority for approval prior to any works, which could affect the roost within the tree, commencing on site. The method statement to include (but not be limited to) timing of works, ways of working, tools to be used, proposals for any preworks inspections, and contingencies in case bats are found during works.

Method statement to be implemented as agreed. 2. There is no commencement of tree felling or any development works, which could affect the tree roost, until your authority has been provided with a licence that has been issued to the applicant by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations (2010) authorising the specified activity to go ahead. 3. There is no commencement of demolition works until your authority has been provided with a licence that has been issued to the applicant by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations (2010) authorising the

Page 213 Page 7 of 66 specified activity to go ahead. 4. A lighting plan, indicating how illumination of the known bat access point and flightlines will be avoided, is submitted to the Local Planning Authority for approval. To be implemented as agreed. Please note that any changes to plans between planning consent and the licence application may affect the outcome of a licence application.

Condition 5: Unsuspected Contamination We refer you to the Ground Investigation report by Ian Farmers Associates (dated July 2016), the Phase 1 Environmental Assessment by Cambria Consulting Limited (their ref: CC1555/REP01/A; dated May 2016), and the Environment Management Plan by Wilmott Dixon (their ref: GP-FM-EM-220; dated July 2016). Historic maps within the phase1 geo-environmental assessment demonstrate that the site was greenfield until 1976 when school was developed. There have been no substantial sources of contamination identified within the information submitted. Given the possible presence of fuel storage tanks (associated with heating for example) on site, as detailed within the Environmental Management Plan, there is a risk of 'unsuspected contamination' from potential fuel leaks or spills which could be encountered during development. There are sensitive environmental receptors associated with the site that should be considered in these instances, such as the Nant Cwy which is approximately 10m from the south east and flows into Llangorse Lake (see comments elsewhere regarding the Llangorse Lake SAC/SSSI), and an underlying secondary aquifer The applicant should follow best practice and guidance regarding tank removal and decommissioning, which should be adhered to during demolition or re-development.

The applicant should also be aware of the requirements of The Water Resources (Control of Pollution) (Oil Storage) (Wales) Regulations 2016 regarding the installation of any new fuel storage tanks on site.

In consideration of the above, we recommend that the following condition be included in any planning permission you are minded to grant for this proposal: Condition: If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority detailing how this unsuspected contamination shall be dealt with. Reason: Given the size and/or complexity of the site it is considered possible that there may be unidentified areas of contamination at the site that could pose a risk to controlled waters if they are not remediated. Condition 6- Landscape The site lies within the Brecon Beacons National Park and Middle Usk Valley: Brecon & Llangorse Registered Historic Landscape. The site also lies within the Wye Valley Foothills Landscape Character Area 14, described in the Brecon Beacons National Park Landscape Character Assessment. Furthermore, the site lies within the following aspect areas in LANDMAP: Llangorse Lake Basin (BRCKNVS522) Visual & Sensory aspect area- rated as "high" value;

Page 214 Page 8 of 66 Llanhamlach (BRCKNHL857) Historic Landscape aspect area- rated as "outstanding" value; Llangorse (BRCKNHL701) Historic Landscape aspect area- rated as "high" value. Whilst we have no objection in principle to a replacement primary school, and we note there may be reduced sensitivity on the existing school site, we are concerned about the impact of the proposals on the local landscape, which is highly sensitive. We consider that the landscape and visual impact assessment by Anthony Jellard Associates (dated July 2016) has underestimated the impacts to some extent. The loss of mature trees, including a veteran oak is a concern, along with the rearrangement of the field pattern.

The visual impact of the building and large car park appear to have been underestimated, given that photographs are of summer views only and the assessment appears to relate to these. In winter visual impact would be greater. Views to the school building from the public road are focussed on the kitchen and deliveries area.

We recommend that further consideration is given to the retention of mature trees and hedgerows in situ and the visual appearance and character of the proposals within the landscape. Should you be minded to grant this proposal permission, we recommend the inclusion of a condition requiring the submission of a detailed landscape scheme, including details of the hedgerow translocation, and a Landscape and Ecological Management Plan.

Assessing the Effects of Development on the Llangorse Lake Special Area of Conservation (SAC) and) Site of Special Scientific Interest (SSSI). The Environmental Assessment by Cambria Consulting Limited identifies that the Nant Cwy, flows north east to south west approximately 10m from the south east Boundary, and flows into the Llangorse Lake SAC/SSSI.

Special Area of Conservation As a Competent Authority for the purposes of the Conservation of Habitats and Species 2010 Regulations (as amended), your Authority must not agree to any plan or project unless you are certain that it will not adversely affect the integrity of a Special Area of Conservation (SAC). We recommend that your Authority carries carry out a test of likely significant effects (TLSE) for the SAC, which is required under Regulation 61 of the Conservation of Habitats and Species Regulations 2010 (as amended). This test applies to impacts on the SAC from the proposed works, either alone or in combination with other plans and projects. If the test concludes there is likely to be a significant effect then an appropriate assessment of the impacts on the SAC from the proposed works, either alone or in combination with other plans and projects, will be required. We would be able to assist you with that assessment in our role as the statutory nature conservation body under the above Regulations.

In order to have sufficient information to carry out a TLSE, we recommend that the applicant provides details of how pollution of the watercourse is to be prevented by employing appropriate pollution prevention measures during construction and operation of the development. Although withdrawn, in the absence of any new or published information, we refer the applicant to Pollution Prevention Guidance (PPGs) which provide useful advice on pollution prevention matters, which can be found on the following website: https://www.gov.uk/government/collections/pollution-prevention-guidance-ppg

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The applicant should also provide confirmation that any additional foul drainage requirements can be met.

Site of Special Scientific Interest The Wildlife and Countryside Act 1981 (as amended) places a duty on public authorities in exercising their functions, so far as this is likely to affect the flora, fauna, geological or physiographical features of a SSSI, to take reasonable steps consistent with the proper exercise of their functions to further the conservation and enhancement of those features. By satisfying the requirements regarding the SAC, as indicated above, it is likely the requirements for the SSSI will also be met.

UK Protected Species The applicant should be made aware that water voles have been re-introduced to Llangorse lake- the authors of the ecology report do not appear to be aware of this. Should you require further advice please discuss this with your Authority's in-house ecologist.

Guidance on matters within NRW remit 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 at the following link: (https://naturalresources.wales/planning-and-development/planning-anddevelopment/?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. If the applicant requires guidance on matters within our remit then this can be found on our website at www.naturalresourceswales.gov.uk

NP Heritage Officer Archaeology 4th Oct 2016 National Policy Framework Welsh planning legislation and policy guidance outlines that the desirability of preserving archaeological remains and their setting is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.1). Planning Policy Wales (Edition 8: 2016): Paragraph 6.5.1. 'The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. In cases involving lesser archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development.'

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This means that Local Planning Authorities in Wales have to take into account archaeological considerations and deal with them from the beginning of the development control process (WO Circular 60/96 Para. 10), and need to be fully informed about the nature and importance of archaeological remains, and their setting, and the likely impact of any proposed development upon them (WO Circular 60/96, Para. 15). Welsh Office Circular. Planning and the Historic Environment: Archaeology (60/96)

The Welsh Office published its Circular on Planning and the Historic Environment: Archaeology (60/96) in December 1996. This sets out the Secretary of State's policy on archaeological remains on land, and provides recommendations, many of which have been integrated into Local Development Plans. Paragraph 3 states:

Archaeological remains are a finite, and non-renewable resource, and in many cases highly fragile and vulnerable to damage and destruction. They are the product of human activity over thousands of years and may vary enormously in their state of preservation and in their appeal to the public…. Appropriate management is essential to ensure that archaeological remains survive in good condition. In particular, care must be taken to ensure that archaeological remains are not needlessly or thoughtlessly destroyed. They are part of our cultural heritage not least in terms of the information they provide about the past, valuable both for their own sake and for their role in education, leisure and tourism.

Development Plan Framework The adopted Local Development Plan sets out the Brecon Beacons National Park's policies and proposals to guide development in the National Park, including Policy SP3 f): All proposals for development or change of use of land or buildings in the National Park must demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of … archaeological features.

LDP. Policy 22 Areas of Archaeological Evaluation Where important archaeological remains are known to exist or may exist within an area for archaeological evaluation, the archaeological implications of development proposals shall be evaluated by qualified and independent Archaeologists before planning applications are determined. Planning permission will not be granted where the evaluation is deemed inadequate by the NPA in consultation with its archaeological advisor.

Archaeological sensitivity and significance of the site Llangorse is located in a rich archaeological landscape, within the Middle Usk Valley, Brecon and Llangorse Landscape of Outstanding Historic Interest. Historical evidence indicates that Llan- gors was a royal and episcopal estate from about the 8th century. Historical and archaeological evidence demonstrate that the crannog towards the northern side of Llangorse Lake was a residence of the kings of Brycheiniog in the 9-10th centuries. A record in the Anglo-Saxon Chronicle records an army sent by Aethelflaed into Wales, storming Brecenanmere 'Brecon mere' and capturing the king's wife and over thirty other members of the court. Brecenanmere is equated with the site of the crannog, which is scheduled, and located less than a km to the south of Llangorse village.

Page 217 Page 11 of 66

The Village of Llangorse has an interesting, and significant developmental history. An early monastic establishment, referred to in the Llandaff charters is believed to have existed in Llangorse from the 7th century, perhaps until the Norman Conquest. This establishment has been gifted by the king of Brycheiniog to the church of Llandaff, but the location of this early monastery is, as yet, unknown.

The church is referred to in 1143, and retains features of 15th and 16th century detail. St Paulinus is Grade II* listed. Three early medieval stones, with inscriptions, are recorded in association with the church.

No heritage assets are recorded within the area of the application. However, the site is located close to the historic core of the medieval village, and part of the defined envelope of the historic core as outlined in the LDP, encompasses part of the appraisal site.

Also within the immediate vicinity of the site are two cottages and gardens are recorded on the Llangorse Tithe map, and shown on the early Historic Ordnance Survey maps of the area. These are located between the northern development boundaries of the application site. Some evidence for medieval agricultural activity is also recorded in the form of medieval ridge and furrow identified from aerial photographic sources immediately to the west of the application site.

Archaeological Impact of the development The Llangorse School application proposes redevelopment of a pre-exiting school site. This work includes the demolition of the existing primary school and the construction of a new primary school to the west.

Plans submitted with the application indicate a substantial area of ground impact associated with the development. This is understood to include: o Ground truncation associated with the construction of the new school (foundation construction and preparation of the site prior to build). o Construction of new access road and parking areas, which is anticipated to require removal of existing topsoil as a minimum. o Construction of the proposed multi-use games area. o Potential topsoil removal and/or levelling works associated with the Mini Football pitch. o Demolition of the existing school building, and any post-demolition clearing and landscaping required. o Servicing and drainage. The degree of ground impact and truncation across the site is therefore understood to be extensive and would have considerable potential to impact upon any surviving archaeological resource.

Mitigation Required Whilst there are no recorded assets within the appraisal site itself, the proposed development is considered to be within an area of archaeological sensitivity. As such, archaeology is a material consideration in the determination of this planning application.

Page 218 Page 12 of 66

An archaeological evaluation has been undertaken at the site, in order to inform assessment of how the proposed development might impact upon potential archaeological remains.

Eight evaluation trenches were excavated across the proposed development site, in accordance with a WSI submitted by the applicant, and approved by the BBNPA. An evaluation report on the programme of works has been prepared by the archaeological contractor, submitted by the applicant and approved by the BBNPA.

Seven of the trenches contained no archaeological remains. However one trench, Trench 6, contained one linear archaeological feature. This east-west orientated ditch is currently undated. It is not depicted on any modern or post-medieval cartography covering the site. It is therefore considered to be of ancient origin, potentially of Medieval or earlier date. Its function is currently unknown, possibly representing an enclosure or property/agricultural boundary.

The evaluation has demonstrated that known archaeological remains survive within this proposed development site. However, it is considered that the applicants have provided sufficient pre-determination information in support of their application to enable informed assessment of the archaeological potential of the site. It is considered that impact of the proposed development upon the archaeological remains present on site can be dealt with post- determination, by a suitably worded condition attached to any permission granted for this application. A suitable condition to use would be: The developer will ensure that a suitably qualified archaeological contractor is present during the undertaking of any ground works in the development area, so that an archaeological watching brief can be maintained.

The archaeological watching brief will be carried out in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority and must meet the standards laid down by the Institute for Archaeologists in their Standard and Guidance for an Archaeological Watching Brief.

The Local Planning Authority must be informed at least 2 weeks prior to the commencement of the development of the name of the archaeological contractor appointed to undertake the Watching Brief.

A copy of the Watching Brief report shall be submitted to the Local Planning Authority, the National Park Archaeologist and the local Welsh Archaeological Trust for inclusion in the Regional Historic Environment Record (HER).

Reason: To ensure that any remains of archaeological significance disturbed in the course of the work are excavated, recorded and reported.

NP Heritage Officer Archaeology 19th Oct 2016 National Policy Framework

Page 219 Page 13 of 66 Welsh planning legislation and policy guidance outlines that the desirability of preserving archaeological remains and their setting is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.1). Planning Policy Wales (Edition 8: 2016): Paragraph 6.5.1. 'The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. In cases involving lesser archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development.'

This means that Local Planning Authorities in Wales have to take into account archaeological considerations and deal with them from the beginning of the development control process (WO Circular 60/96 Para. 10), and need to be fully informed about the nature and importance of archaeological remains, and their setting, and the likely impact of any proposed development upon them (WO Circular 60/96, Para. 15).

Welsh Office Circular. Planning and the Historic Environment: Archaeology (60/96)

The Welsh Office published its Circular on Planning and the Historic Environment: Archaeology (60/96) in December 1996. This sets out the Secretary of State's policy on archaeological remains on land, and provides recommendations, many of which have been integrated into Local Development Plans. Paragraph 3 states:

'Archaeological remains are a finite, and non-renewable resource, and in many cases highly fragile and vulnerable to damage and destruction. They are the product of human activity over thousands of years and may vary enormously in their state of preservation and in their appeal to the public…. Appropriate management is essential to ensure that archaeological remains survive in good condition. In particular, care must be taken to ensure that archaeological remains are not needlessly or thoughtlessly destroyed. They are part of our cultural heritage not least in terms of the information they provide about the past, valuable both for their own sake and for their role in education, leisure and tourism.

Development Plan Framework The adopted Local Development Plan sets out the Brecon Beacons National Park's policies and proposals to guide development in the National Park, including Policy SP3 f):

'All proposals for development or change of use of land or buildings in the National Park must demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of … archaeological features'.

LDP. Policy 22 Areas of Archaeological Evaluation 'Where important archaeological remains are known to exist or may exist within an area for archaeological evaluation, the archaeological implications of development proposals shall be

Page 220 Page 14 of 66 evaluated by qualified and independent Archaeologists before planning applications are determined. Planning permission will not be granted where the evaluation is deemed inadequate by the NPA in consultation with its archaeological advisor'.

Resubmission of Application: The initial application was resubmitted, following minor amendments to the site perimeter to create a drainage system to the south of the site. This has resulted in no change to my previous recommendations in respect to this application, which are reproduced below;

Archaeological sensitivity and significance of the site Llangorse is located in a rich archaeological landscape, within the Middle Usk Valley, Brecon and Llangorse Landscape of Outstanding Historic Interest. Historical evidence indicates that Llan- gors was a royal and episcopal estate from about the 8th century. Historical and archaeological evidence demonstrate that the crannog towards the northern side of Llangorse Lake was a residence of the kings of Brycheiniog in the 9-10th centuries. A record in the Anglo-Saxon Chronicle records an army sent by Aethelflaed into Wales, storming Brecenanmere 'Brecon mere' and capturing the king's wife and over thirty other members of the court. Brecenanmere is equated with the site of the crannog, which is scheduled, and located less than a km to the south of Llangorse village.

The Village of Llangorse has an interesting, and significant developmental history. An early monastic establishment, referred to in the Llandaff charters is believed to have existed in Llangorse from the 7th century, perhaps until the Norman Conquest. This establishment has been gifted by the king of Brycheiniog to the church of Llandaff, but the location of this early monastery is, as yet, unknown.

The church is referred to in 1143, and retains features of 15th and 16th century detail. St Paulinus is Grade II* listed. Three early medieval stones, with inscriptions, are recorded in association with the church.

No heritage assets are recorded within the area of the application. However, the site is located close to the historic core of the medieval village, and part of the defined envelope of the historic core as outlined in the LDP, encompasses part of the appraisal site.

Also within the immediate vicinity of the site are two cottages and gardens are recorded on the Llangorse Tithe map, and shown on the early Historic Ordnance Survey maps of the area. These are located between the northern development boundaries of the application site. Some evidence for medieval agricultural activity is also recorded in the form of medieval ridge and furrow identified from aerial photographic sources immediately to the west of the application site.

Archaeological Impact of the development The Llangorse School application proposes redevelopment of a pre-exiting school site. This work includes the demolition of the existing primary school and the construction of a new primary school to the west.

Page 221 Page 15 of 66 Plans submitted with the application indicate a substantial area of ground impact associated with the development. This is understood to include: o Ground truncation associated with the construction of the new school (foundation construction and preparation of the site prior to build). o Construction of new access road and parking areas, which is anticipated to require removal of existing topsoil as a minimum. o Construction of the proposed multi-use games area. o Potential topsoil removal and/or levelling works associated with the Mini Football pitch. o Demolition of the existing school building, and any post-demolition clearing and landscaping required. o Servicing and drainage. The degree of ground impact and truncation across the site is therefore understood to be extensive and would have considerable potential to impact upon any surviving archaeological resource.

Mitigation Required Whilst there are no recorded assets within the appraisal site itself, the proposed development is considered to be within an area of archaeological sensitivity. As such, archaeology is a material consideration in the determination of this planning application.

An archaeological evaluation has been undertaken at the site, in order to inform assessment of how the proposed development might impact upon potential archaeological remains.

Eight evaluation trenches were excavated across the proposed development site, in accordance with a WSI submitted by the applicant, and approved by the BBNPA. An evaluation report on the programme of works has been prepared by the archaeological contractor, submitted by the applicant and approved by the BBNPA.

Seven of the trenches contained no archaeological remains. However one trench, Trench 6, contained one linear archaeological feature. This east-west orientated ditch is currently undated. It is not depicted on any modern or post-medieval cartography covering the site. It is therefore considered to be of ancient origin, potentially of Medieval or earlier date. Its function is currently unknown, possibly representing an enclosure or property/agricultural boundary.

The evaluation has demonstrated that known archaeological remains survive within this proposed development site. However, it is considered that the applicants have provided sufficient pre-determination information in support of their application to enable informed assessment of the archaeological potential of the site. It is considered that impact of the proposed development upon the archaeological remains present on site can be dealt with post- determination, by a suitably worded condition attached to any permission granted for this application.

A suitable condition to use would be: The developer will ensure that a suitably qualified archaeological contractor is present during the undertaking of any ground works in the development area, so that an archaeological watching brief can be maintained.

Page 222 Page 16 of 66

The archaeological watching brief will be carried out in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority and must meet the standards laid down by the Institute for Archaeologists in their Standard and Guidance for an Archaeological Watching Brief.

The Local Planning Authority must be informed at least 2 weeks prior to the commencement of the development of the name of the archaeological contractor appointed to undertake the Watching Brief.

A copy of the Watching Brief report shall be submitted to the Local Planning Authority, the National Park Archaeologist and the local Welsh Archaeological Trust for inclusion in the Regional Historic Environment Record (HER).

Reason: To ensure that any remains of archaeological significance disturbed in the course of the work are excavated, recorded and reported.

NP Heritage Officer Archaeology 19th Aug 2016 National Policy Framework Welsh planning legislation and policy guidance outlines that the desirability of preserving archaeological remains and their setting is a material consideration in the determination of a planning application (Planning Policy Wales, Chapter 6, Para. 6.5.1).

Planning Policy Wales (Edition 8: 2016): Paragraph 6.5.1. 'The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. Where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. In cases involving lesser archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development.'

This means that Local Planning Authorities in Wales have to take into account archaeological considerations and deal with them from the beginning of the development control process (WO Circular 60/96 Para. 10), and need to be fully informed about the nature and importance of archaeological remains, and their setting, and the likely impact of any proposed development upon them (WO Circular 60/96, Para. 15).

Welsh Office Circular. Planning and the Historic Environment: Archaeology (60/96)

The Welsh Office published its Circular on Planning and the Historic Environment: Archaeology (60/96) in December 1996. This sets out the Secretary of State's policy on archaeological remains on land, and provides recommendations, many of which have been integrated into Local Development Plans. Paragraph 3 states:

Page 223 Page 17 of 66

'Archaeological remains are a finite, and non-renewable resource, and in many cases highly fragile and vulnerable to damage and destruction. They are the product of human activity over thousands of years and may vary enormously in their state of preservation and in their appeal to the public…. Appropriate management is essential to ensure that archaeological remains survive in good condition. In particular, care must be taken to ensure that archaeological remains are not needlessly or thoughtlessly destroyed. They are part of our cultural heritage not least in terms of the information they provide about the past, valuable both for their own sake and for their role in education, leisure and tourism.

Development Plan Framework The adopted Local Development Plan sets out the Brecon Beacons National Park's policies and proposals to guide development in the National Park, including Policy SP3 f): 'All proposals for development or change of use of land or buildings in the National Park must demonstrate that the proposed development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of … archaeological features'.

LDP. Policy 22 Areas of Archaeological Evaluation 'Where important archaeological remains are known to exist or may exist within an area for archaeological evaluation, the archaeological implications of development proposals shall be evaluated by qualified and independent Archaeologists before planning applications are determined. Planning permission will not be granted where the evaluation is deemed inadequate by the NPA in consultation with its archaeological advisor'.

Archaeological sensitivity and significance of the site Llangorse is located in a rich archaeological landscape, within the Middle Usk Valley, Brecon and Llangorse Landscape of Outstanding Historic Interest. Historical evidence indicates that Llan- gors was a royal and episcopal estate from about the 8th century. Historical and archaeological evidence demonstrate that the crannog towards the northern side of Llangorse Lake was a residence of the kings of Brycheiniog in the 9-10th centuries. A record in the Anglo-Saxon Chronicle records an army sent by Aethelflaed into Wales, storming Brecenanmere 'Brecon mere' and capturing the king's wife and over thirty other members of the court. Brecenanmere is equated with the site of the crannog, which is scheduled, and located less than a km to the south of Llangorse village.

The Village of Llangorse has an interesting, and significant developmental history. An early monastic establishment, referred to in the Llandaff charters is believed to have existed in Llangorse from the 7th century, perhaps until the Norman Conquest. This establishment has been gifted by the king of Brycheiniog to the church of Llandaff, but the location of this early monastery is, as yet, unknown.

The church is referred to in 1143, and retains features of 15th and 16th century detail. St Paulinus is Grade II* listed. Three early medieval stones, with inscriptions, are recorded in association with the church.

No heritage assets are recorded within the area of the application. However, the site is located

Page 224 Page 18 of 66 close to the historic core of the medieval village, and part of the defined envelope of the historic core as outlined in the LDP, encompasses part of the appraisal site.

Also within the immediate vicinity of the site are two cottages and gardens are recorded on the Llangorse Tithe map, and shown on the early Historic Ordnance Survey maps of the area. These are located between the northern development boundaries of the application site. Some evidence for medieval agricultural activity is also recorded in the form of medieval ridge and furrow identified from aerial photographic sources immediately to the west of the application site.

Archaeological Impact of the development The Llangorse School application proposes redevelopment of a pre-exiting school site. This work includes the demolition of the existing primary school and the construction of a new primary school to the west.

Plans submitted with the application indicate a substantial area of ground impact associated with the development. This is understood to include: o Ground truncation associated with the construction of the new school (foundation construction and preparation of the site prior to build). o Construction of new access road and parking areas, which is anticipated to require removal of existing topsoil as a minimum. o Construction of the proposed multi-use games area. o Potential topsoil removal and/or levelling works associated with the Mini Football pitch. o Demolition of the existing school building, and any post-demolition clearing and landscaping required. o Servicing and drainage. The degree of ground impact and truncation across the site is therefore understood to be extensive and would have considerable potential to impact upon any surviving archaeological resource.

Mitigation Required Whilst there are no recorded assets within the appraisal site itself, the proposed development is considered to be within an area of archaeological sensitivity. As such, archaeology is a material consideration in the determination of this planning application.

However, there is as yet insufficient evidence to assess how the proposed development might impact upon potential archaeological remains, nor advise on appropriate mitigation measures. I recommend that this application is not determined until the archaeological resource has been assessed through a programme of archaeological evaluation in order to establish the nature, extent, preservation and significance of any archaeological deposits that survive on this site, and the impact of the proposed development on them.

An appropriate condition to use would be: Before the application can be determined the applicant, or their agents or successors in title, will secure the implementation of a programme of archaeological work.

Page 225 Page 19 of 66 The developer will ensure that a suitably qualified archaeological contractor is employed to carry out an Archaeological Evaluation. The archaeological evaluation will be carried out in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority and must meet the standards laid down by the Institute for Archaeologists in their Standard and Guidance for archaeological field evaluation.

The Local Planning Authority must be informed at least 2 weeks prior to the commencement of the development of the name of the archaeological contractor appointed to undertake the Evaluation.

A copy of the Evaluation report shall be submitted to the Local Planning Authority and the National Park Archaeologist, to enable determination of the application/ or whether further archaeological work is required. Following approval, a copy of the Evaluation report shall be submitted to the Regional Historic Environment Record (HER).

NP Senior Heritage Officer (Building Conservation) 8th Sep 2016

National Policy Framework Planning Policy Wales (Edition 8: 2016): 6.5.17 Should any proposed development conflict with the objective of preserving or enhancing the character or appearance of a conservation area, or its setting, there will be a strong presumption against the grant of planning permission. In exceptional cases the presumption may be overridden in favour of development deemed desirable on the grounds of some other public interest. The Courts have held that the objective of preservation can be achieved either by development which makes a positive contribution to an area's character or appearance, or by development which leaves character and appearance unharmed.

The adopted LDP states that: Policy 19 Development affecting Conservation Areas New development and alterations to existing buildings within or affecting the setting of a Conservation Area will only be permitted where it will preserve or enhance the character or appearance of the area and where the design, all building materials, proportions and detailing are appropriate to the Conservation Area.

The demolition or substantial demolition of any unlisted building or structure within a Conservation Area that is subject to Conservation Area consent will only be permitted where there is the strongest justification. Where such a building is to be replaced, a contract of redevelopment will be required to be finalised and entered into prior to the granting of conservation area consent.

3.15.5 Conservation Areas 3.15.5.1 Conservation Areas are areas "of special architectural or historic interest, the appearance or character of which it is desirable to preserve and enhance. " The NPA has a duty to ensure that the special features which contribute to the character and quality of these areas

Page 226 Page 20 of 66 are enhanced. These features may include the historic street pattern, plot boundaries, the form of the settlement and individual buildings, the spaces between buildings, the materials used in construction, street furniture, the floorscape and the uses and activities which are carried out there. Conservation Areas have been designated in five settlements in the Park: Brecon, Crickhowell, Llangattock, Hay and Talgarth. Conservation Area boundaries are shown on the Proposals Map.

Policy 18 Protection of Buildings of Local Importance Development affecting buildings which make an important contribution to the character and interest of the local area as set out on the local list will be permitted where the distinctive appearance, architectural integrity or their settings would not be significantly adversely affected.

Considerations The present school, architecturally, has little in keeping with the predominant vernacular style of the buildings in the village centre. However the existing building down below the surrounding ground level and therefore blends in well with the surrounding area.

This proposal will not be as well concealed and will form a more dominate entrance to the village from the direction of Brecon.

The design is rather utilitarian and has not tried to architectural enhance or blend in with the locality.

Whilst the need for economies in the present climate is acknowledged, I would like to see the material palette reflect those traditional styles and materials found within the National Park and its host village Llangors.

I would like to see a more suitable palate of materials, particularly on the central brick facades. The predominant materials in the area are; slate, local stone and render and this should be used in help the new building to blend in with its surrounding.

I would also request that the position of the building on the site is altered so that the front elevation presents to the entrance. This would improve the entrance to the village at this point.

Conclusion At present the principal of demolition of the present school and the building of a new school is welcomed from a built heritage point of view but it is felt that an opportunity for a building that really enhances the village and the National Park has been lost and therefore cannot be entirely supported as presented It is requested that the positioning of the building on the site is looked at again to provide a more positive visual impact on the village and the palette of materials rethought to better reflect the materials of the village and enhance the building.

NP Senior Heritage Officer (Building Conservation) 6th Oct 2016

Page 227 Page 21 of 66 National Policy Framework Planning Policy Wales (Edition 8: 2016): 6.5.17 Should any proposed development conflict with the objective of preserving or enhancing the character or appearance of a conservation area, or its setting, there will be a strong presumption against the grant of planning permission. In exceptional cases the presumption may be overridden in favour of development deemed desirable on the grounds of some other public interest. The Courts have held that the objective of preservation can be achieved either by development which makes a positive contribution to an area's character or appearance, or by development which leaves character and appearance unharmed.

The adopted LDP states that: Policy 19 Development affecting Conservation Areas New development and alterations to existing buildings within or affecting the setting of a Conservation Area will only be permitted where it will preserve or enhance the character or appearance of the area and where the design, all building materials, proportions and detailing are appropriate to the Conservation Area.

The demolition or substantial demolition of any unlisted building or structure within a Conservation Area that is subject to Conservation Area consent will only be permitted where there is the strongest justification. Where such a building is to be replaced, a contract of redevelopment will be required to be finalised and entered into prior to the granting of conservation area consent.

3.15.5 Conservation Areas 3.15.5.1 Conservation Areas are areas "of special architectural or historic interest, the appearance or character of which it is desirable to preserve and enhance." The NPA has a duty to ensure that the special features which contribute to the character and quality of these areas are enhanced. These features may include the historic street pattern, plot boundaries, the form of the settlement and individual buildings, the spaces between buildings, the materials used in construction, street furniture, the floorscape and the uses and activities which are carried out there. Conservation Areas have been designated in five settlements in the Park: Brecon, Crickhowell, Llangattock, Hay and Talgarth. Conservation Area boundaries are shown on the Proposals Map. Policy 18

Protection of Buildings of Local Importance Development affecting buildings which make an important contribution to the character and interest of the local area as set out on the local list will be permitted where the distinctive appearance, architectural integrity or their settings would not be significantly adversely affected.

Considerations The proposal to change the brickwork to render is welcomed. It makes a light finish which makes the overall design appear less bulky. The siting is still somewhat unfortunate but it is recognised that is not something that will have not as much of an impact as the use of the previous proposed materials.

Page 228 Page 22 of 66 Conclusion The proposals can now be supported from a built heritage perspective.

NP Planning Ecologist 19th Oct 2016 I'm afraid that I haven't had chance to look at the additional information for these two applications yet and I am also awaiting comments from NRW regarding the acceptability of the surface water management in relation to HRA screening. Please can I have an extension of time until the end of the week?

A. Planning Policy & Guidance o To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. o The adopted Local Development Plan for the Brecon Beacons National Park includes the following policies regarding ecological issues and safeguarding biodiversity: o SP3 Environmental Protection - Strategic Policy o Policy 3 Sites of European Importance o Policy 4 Sites of National Importance o Policy 5 Sites of Importance for Nature Conservation o Policy 6 Biodiversity and Development o Policy 7 Protected and Important Wild Species o Policy 8 Trees and Development o Policy 9 Ancient Woodland and Veteran Trees o Policy 12 Lighting

B. Legislation o Environment Act 1995 - the first Statutory Purpose of the National Park is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park o The Environment (Wales) Act came into effect in March 2016 - from 21st May 2016, Section 6 requires public authorities to seek to maintain and enhance biodiversity. A list of species and habitats of principal importance in Wales is issued under Section 7. o Conservation of Habitats & Species Regulations 2010 (as amended) - Regulation 9 requires local authorities to take account of the presence of European Protected Species at development sites. If they are present and affected by the development proposals, the Local Planning Authority must establish whether "the three tests" have been met, prior to determining the application. The three tests that must be satisfied are: i. That the development is "in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment". ii. That there is "no satisfactory alternative" iii. That the derogation is "not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range"

Page 229 Page 23 of 66 C. Comments 1. Thank you for re-consulting me on the above application. The development proposals are for construction of a new primary school on a "greenfield site" and the demolition of the existing primary school. The adjacent toilet block and residential property are to be retained. 2. I previously provided comments in a memorandum dated 31st August 2016 and raised concerns regarding the proposed layout of the new school and the resultant negative impacts on hedgerows and oak trees. I remain opposed to the layout as proposed and am disappointed that it cannot be amended to allow the retention of the two oak trees and the field boundary hedgerow. However, it is acknowledged that the applicants have done their utmost to provide an appropriate mitigation and compensation strategy. This includes the translocation of the existing hedgerow to the new boundary of the site (apart from the veteran oak tree) and the planting of new hedgerow inside this to provide a wide and valuable wildlife corridor. The existing (translocated) hedgerow will also have 5 new oak trees planted within it to compensate for the loss of the two oak trees; it is difficult to compensate for the loss of a veteran tree and a future veteran tree in a short time scale, but it is hoped that these trees will eventually in the long-term become valuable landscape and biodiversity features. 3. The proposed landscaping scheme is broadly acceptable, although it is noted that there is no access to the small field that will be created in the north-western part of the site. The access to the agricultural field in the north-west corner of the car park should be a maximum of 3 metres in width to minimise the gap in connectivity between the hedgerows. 4. I note that the proposals have been amended (drawing NP2v2) to include an "Outfall to the Nant Cwy to civil engineer's design". It would be helpful to have clarification of what this is; I understand that the existing surface water flows to the Nant Cwy are unrestricted and uncertain. It should be possible to construct this new outfall feature without having negative impacts on the watercourse, provided that an appropriate methodology with pollution control measures is followed. This should form part of the Construction and Environmental Management Plan that will need to be submitted and adhered to. 5. The surface water drainage strategy is acceptable in principle and demonstrates that appropriate SuDS measures can be accommodated. It is disappointing that an over-ground SuDS feature cannot be accommodated with potential biodiversity enhancements, but the sensitive nature of the site and health and safety considerations are appreciated. The detailed drainage strategy can be secured through an appropriately worded planning condition. 6. The conclusions and recommendations in the ecological report are broadly welcomed. The Environment (Wales) Act 2016 requires LPAs to protect and enhance biodiversity; biodiversity enhancement measures have not been specifically mentioned within the proposals, although it is appreciated that existing wildlife area is to be retained; also, the extent of new planting at the site probably exceeds the mitigation and compensation requirements and could be considered as enhancement. I previously recommended that a number of features for bats and nesting birds could be specified (type and location) by the applicants. A Landscape and Ecological Enhancement and Management Plan will need to be submitted, identifying the proposed mitigation, compensation and enhancement measures as well as making provision for their long-term management; ideally the staff and children would be involved in this. 7. Please also refer to my previous comments regarding the ecological assessment of the site.

D. Conclusions and Recommendations

Page 230 Page 24 of 66 There is no ecological objection to the principle of a new school, but it is disappointing that the proposed layout will result in the loss of mature and veteran oak trees as well as negative impacts on hedgerows which are contrary to LDP Policies 6 and 9. However, the need for a new school may outweigh these policy considerations and a mitigation and compensation strategy has been submitted to offset and compensate for the negative impacts on trees and hedgerows. Measures are also proposed to provide alternative roosting features for the pipistrelle bat roosts that will be destroyed; it is likely that two separate licenses will be required for this, due to the phasing of the proposed works.

A HRA screening report (TLSE) will be completed in due course, prior to approval, to assess impacts on Llangorse Lake SAC. Further details of the outfall structure will assist with this.

If this application is ultimately to be approved, I recommend the inclusion of the following planning conditions and informative notes: 1. Prior to commencement of any works to or the removal of the veteran oak tree (T32), a full working method statement for bats shall be submitted to the Local Planning Authority and shall be implemented as approved. The method statement shall incorporate the recommendations in Section 5 of the ecological report dated July 2016 - Revision 1 (dated 16th August 2016) and include the timing of works, ways of working, tools to be used, proposals for any pre-works inspections, and contingencies in case bats are found during works. 2. Prior to commencement of any works to or the removal of the veteran oak tree (T32), the Local Planning Authority shall be provided with a copy of the license for bats that has been issued by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations 2010 (as amended) authorising the specified development to go ahead or written confirmation from Natural Resources Wales that such a license is not required. 3. Prior to commencement of any demolition works to the existing school buildings, the Local Planning Authority shall be provided with a copy of the license for bats that has been issued by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations 2010 (as amended) authorising the specified development to go ahead or written confirmation from Natural Resources Wales that such a license is not required. 4. Prior to commencement of development works, a Construction and Environmental Management Plan (CEMP) shall be submitted to the Local Planning Authority and shall be implemented as approved. The CEMP shall incorporate the recommendations in Section 5 of the ecological report dated July 2016 - Revision 1 (dated 16th August 2016) and include a detailed and final Pollution Prevention Plan based on the revised Version 1.0 document dated 22/09/2016. 5. Prior to the commencement of the development, a detailed surface water drainage strategy shall be submitted to the Local Planning Authority for written approval and shall be implemented as approved. This shall be based on and should include the recommendations in the Drainage Strategy report dated September 2016. 6. No external lighting shall be installed until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with wildlife corridors and bat mitigation/enhancement measures and shall be implemented as approved. 7. Prior to the first beneficial use of the development, a Landscaping and Ecological Enhancement and Management Plan shall be submitted to and agreed in writing with the Local Planning Authority; the Plan shall include: a. The use of native species

Page 231 Page 25 of 66 b. The details of the planting specifications - the species, sizes and planting densities c. Details of bat and bird boxes - specifications and locations d. A timetable for implementation and future management to ensure good establishment e. Provision for the long-term monitoring and management of the general landscaping and ecology of the site Any trees or shrubs that fail or die in the first five years shall be replaced on a like-for-like basis

Informative note: 1. Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000

Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6, 7 and 12 of the adopted Local Development Plan for the BBNP o To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016

NP Planning Ecologist 24th Aug 2016 Thank you for consulting me on the above application. Following our site visit last week, I understand that you have requested a meeting with the applicants. Please let me know if you would like interim comments or would prefer to wait until we have had the meeting and discussed any potential changes?

A. Planning Policy & Guidance o To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. o The adopted Local Development Plan for the Brecon Beacons National Park includes the following policies regarding ecological issues and safeguarding biodiversity: o SP3 Environmental Protection - Strategic Policy o Policy 3 Sites of European Importance o Policy 4 Sites of National Importance o Policy 5 Sites of Importance for Nature Conservation o Policy 6 Biodiversity and Development o Policy 7 Protected and Important Wild Species o Policy 8 Trees and Development o Policy 9 Ancient Woodland and Veteran Trees o Policy 12 Lighting

Page 232 Page 26 of 66

B. Legislation o Environment Act 1995 - the first Statutory Purpose of the National Park is to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Park o The Environment (Wales) Act came into effect in March 2016 - from 21st May 2016, Section 6 requires public authorities to seek to maintain and enhance biodiversity. A list of species and habitats of principal importance in Wales is issued under Section 7. o Conservation of Habitats & Species Regulations 2010 (as amended) - Regulation 9 requires local authorities to take account of the presence of European Protected Species at development sites. If they are present and affected by the development proposals, the Local Planning Authority must establish whether "the three tests" have been met, prior to determining the application.

The three tests that must be satisfied are: i. That the development is "in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment". ii. That there is "no satisfactory alternative" iii. That the derogation is "not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range"

C. Comments 1. Thank you for consulting me on the above application. The development proposals are for construction of a new primary school on a "greenfield site" and the demolition of the existing primary school. The adjacent toilet block and residential property are to be retained. 2. I have reviewed the documents and drawings submitted with the application, which includes the following ecological information: o Ecological Appraisal Report - Llangors Church in Wales Primary School, Powys Schools on behalf of Willmott Dixon Construction by RPS dated July 2016 Revision 1 of this document was submitted to NRW on 16th August; I am not aware that it has been formally submitted to the BBNPA in support of this application, but the following comments refer to this Revision 1 document. 3. The site is on the western edge of the village of Llangors and is approximately 500 metres to the north of Llangors Lake Site of Special Scientific Interest (SSSI) and Special Area of Conservation (SAC). A small watercourse (the Nant Cwy) runs to the south-east of the site and flows into Llangors Lake. 4. A draft Pollution Prevention Plan has been submitted; the principles within this document are broadly acceptable and a detailed final version can be secured through an appropriately worded planning condition. 5. It will also be important to ensure that surface water drainage is appropriately managed at the site. Open attenuation ponds would be welcomed as they can provide additional biodiversity enhancement, but it is appreciated that this is unlikely to be possible within school grounds. Provided planning conditions to secure the pollution prevention measures and a surface water drainage strategy are imposed, no Likely Significant Effects on the SAC are anticipated as a result of these proposals. 6. I welcome the submission of the ecological report with the application and I note that a

Page 233 Page 27 of 66 "walkover survey" of the site was undertaken in May 2016; this also included an inspection of the trees and buildings for evidence of and suitability for bat roosting. A number of features were identified that had potential for bat roosting and therefore a suite of bat activity surveys were undertaken in June, July and August 2016. 7. The report refers to the Natural Environment and Rural Communities Act 2006 and the plants and species listed under Section 42 of this Act. This legislation has been superseded by the Environment (Wales) Act 2016, with lists of species and habitats of principal importance in Wales issued under Section 7. The new legislation strengthens the requirement to protect and enhance biodiversity. The Section 7 lists are currently identical to the Section 42 lists, but future versions of the ecological report should be amended to reflect the changes. 8. The western half of the site is predominantly improved grassland; the central area has existing amenity grassland (playing fields); the existing school buildings are in the north-east quarter of the site and there is also a woodland wildlife area with two ponds to the east of this. The western field is bounded by mixed-species hedgerows with occasional oak trees including a veteran oak tree in the north-western boundary. 9. The bat activity surveys identified the presence of two bat roosts at the site - one in the school buildings (a single soprano pipistrelle) and another in the veteran oak tree in the north- western boundary (up to ten soprano pipistrelle bats). The mitigation measures include the provision of a number of bat boxes on mature trees at the site as well as the installation of bat boxes within the external structure of the south-western elevation of the new school. This elevation has numerous windows and doors and it is not clear where the bat boxes are to be sited; it might also be advisable to include bat bricks in the brick facade of the south-east elevation as well? Further information should be provided regarding the methodology of felling the tree, and in particular a timetable for the works to be undertaken including the delivery of the mitigation. Paragraph 5.3.4 of the ecological report does not appear to be finished. It is noted that EPS licenses from NRW will be required and that the roosts will be destroyed during different phases of the development. The applicants will need to demonstrate that there is "no satisfactory alternative" in order to comply with the requirements of the Habitats Regulations 2010 (as amended). 10. The proposed site layout involves the removal of the hedgerow and veteran oak tree along the north-western boundary as well as the hedgerow and mature oak tree on the northern (roadside) boundary. It is extremely disappointing that the layout results in these impacts, including the loss of a bat roost, and I recommend that this is re-assessed to confirm that there are no viable alternatives - please also see 7 above. The oak tree in the northern boundary is not a veteran but is a fine specimen and a potential future veteran. The BBNPA tree consultant can provide further comment on the acceptability of the removal of these valuable trees. 11. It is proposed that the hedgerow along the north-western boundary will be translocated to the new north-western boundary; this can be a very successful procedure provided that it is undertaken at an appropriate time of year and carefully monitored and managed afterwards. If this application is ultimately to be approved, a planning condition should be imposed to secure a detailed translocation and aftercare methodology. The extent of hedgerow that can be translocated will be constrained by the veteran oak tree as this can obviously not be translocated. 12. The proposed new hedgerow planting is welcomed and the planting specifications are suitable. 13. The pond water was eDNA tested for evidence of great crested newts; the results indicate that they are not present and no further mitigation is required. In any event, it is

Page 234 Page 28 of 66 proposed that the ponds and associated woodland will be retained. Management of the pond and surrounding vegetation at an appropriate time of year would be welcomed to reduce shading and maintain some areas of open water. 14. There will be opportunities to accommodate biodiversity enhancement measures and the retention of the school wildlife ponds and woodland "nature area" is welcomed; it might be possible to install more bat and bird boxes. The new woodland planting areas are also welcomed. The submission and implementation of a management plan for wildlife areas should be secured to ensure their continued benefits for nature conservation interests at the site; ideally the children and staff could be involved in this. 15. It will be important to ensure that any external lighting is of an appropriate design and sensitively located to avoid light-spill towards bat roosting areas or wildlife corridors. Details of external lighting should be submitted.

D. Recommendations

There is no ecological objection to the principle of a new school, but there are concerns regarding the proposed layout and resultant loss of oak trees and negative impacts on hedgerows. I understand that a meeting has been arranged to discuss these issues and I will finalise my recommendations following this meeting.

Subject to the outcome of the above, more information is also required regarding the mitigation strategy for the destruction of the bat roost in the veteran oak tree. The phasing of the development will also mean that the primary school is not demolished until autumn 2017 at the earliest - an additional bat activity survey is likely to be required next summer to confirm the roost status for licensing purposes.

The following issues will also need to be addressed, but it may be possible for them to be secured through appropriately worded planning conditions: o A detailed pollution prevention strategy o A detailed surface water drainage scheme and SuDS based on the Drainage Strategy as submitted o A Biodiversity Enhancement and Management Plan o An external lighting plan o A hedgerow translocation and aftercare methodology

Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6, 7 and 12 of the adopted Local Development Plan for the BBNP o To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Environment (Wales) Act 2016

NP Strategy And Policy 17th Aug 2016 I refer to the above which has been forwarded to the Strategy and Policy Team for comment.

The development plan for the area is the Brecon Beacons National Park Local Development

Page 235 Page 29 of 66 Plan 2007-2022 (hereafter LDP) which was adopted by resolution of the National Park Authority on the 17th December 2013.

My observations relate to the proposals compliance with the strategy and policy of the LDP.

Proposal The proposal seeks the demolition and replacement of Hay on Wye Primary School.

LDP Policy Context The proposal is located within the Listed Settlement of Llangors as shown on the LDP Proposals Map and on land identified as being in community use. Listed Settlements are defined by the LDP as sustainable locations suitable to accommodate small scale growth to support community sustainability. Policy S LP2 sets out the forms of development which are acceptable within Listed Settlements, this includes supporting proposals that strengthen and enhance the provision of community facilities and services serving the area and its locality (criterion 2). It is the view of Strategy and Policy that this proposal will act to strengthen existing community facilities to the benefit of the Listed Settlement and region.

Policy 51 of the LDP provides further detail in relation to the Development of New or Extended Facilities. This policy sets out that

Proposals for new, or extensions to existing schools, village halls, theatres and other community facilities such as community recreation or sports facilities, will be permitted where: a) The development is located within a defined Settlement Boundary or Settlement Extent as shown on the Proposals Map. OR b) It is proven that there will be no suitable development sites available within a Settlement, the NPA will consider proposals located on Edge of Settlement locations. AND c) The proposal is proven to be necessary to support community sustainability in that location; d) The facility can be proven to be operationally sustainable into the future; and e) The proposal has no unacceptable detrimental effect on the amenity and privacy of existing dwellings, nearby properties or the general public.

Having reviewed the supporting information I am satisfied that the proposed development meets criteria a, c-e. Accordingly Strategy and Policy have no objection to the proposed development.

Recommendation The principle of the development is acceptable in accordance with policy S LP2(2) and Policy 51 of the LDP. Strategy and Policy have no objection to the proposed development.

As always if you have any concerns relating to the contents of my observations, or require additional clarification of any point please do not hesitate to get in contact.

NP Strategy And Policy 13th Sep 2016

Page 236 Page 30 of 66 The development plan for the area is the Brecon Beacons National Park Local Development Plan 2007-2022 (hereafter LDP) which was adopted by resolution of the National Park Authority on the 17th December 2013.

My observations relate to the proposals compliance with the strategy and policy of the LDP.

It has been brought to my attention that my previous comments of the 17th August, failed to recognise that the majority of the school building is to be developed on land adjacent to the settlement boundary for Llangors.

In this matter I should not have referred to S LP2 but rather E LP1. This policy relates to the provision of development to the benefit of the community sustainability at edge of settlement locations. It states, Development proposals that are essential to community sustainability and/or have limited environmental impact will be enabled at edge of Settlement locations. Acceptable exceptions development will be limited to (8) Proposals relating to the provision of a new/extended community facility, where it can be proven that the facility is essential to the community and there are no suitable sites to accommodate the development within the Settlement Extent/Boundary. I am still of the opinion that this proposal will act to strengthen existing community facilities to the benefit of the Listed Settlement and region. Having reviewed the supporting information I am satisfied that the requirements of this policy have been satisfied and again, I believe the principle of the development is sound.

My comments in relation to Policy 51 remain valid to this application.

Recommendation The principle of the development is acceptable in accordance with policy E LP1(8) and Policy 51 of the LDP. Strategy and Policy have no objection to the proposed development.

As always if you have any concerns relating to the contents of my observations, or require additional clarification of any point please do not hesitate to get in contact.

NP Tree Consultant 2nd November 2016 Thank you for your further consultation on the additional information submitted in support of the application. I have reviewed the new documents and set out my comments below:

1) I have previously commented on this application in an email dated 21st September 2016, of which many of my comments from that email still apply.

2) An updated tree survey report and arboricultural impact assessment has been provided (although it is still dated July 2016) with an updated tree protection plan showing the location of the water and drainage service runs. However, no CCTV or lighting service run information has been provided.

3) The arboricultural method statement includes further information on working

Page 237 Page 31 of 66 methods to be followed within the root protection areas of the trees on site (p12 - 14, sections 5.16 - 5.30), and this is welcomed.

4) The proposed site layout plan within the Pollution Prevention Plan by Willmott Dixon has been updated and the plant storage and re-fuelling areas have been moved away from any of the retained trees on site.

5) The proposed layout remains the same, and will result in the loss of T32 (early mature Oak) and T33 (veteran Oak).

Despite the minor changes and updates made to the scheme, I still object to the scheme and remain extremely disappointed that trees 32 and 33 will have to be removed. Although 5 new Oak trees are offered as replacement planting for the loss of these two trees, the ongoing amenity and biodiversity values of the early mature and veteran Oak trees will be lost forever and is not likely to be replaced for another 300 years or so.

I still strongly recommend refusal of this scheme as currently set out.

NP Tree Consultant 21st Sep 2016 Thank you for consulting me on the above application. I have reviewed the submitted details and recently carried out an unaccompanied site visit (see attached photographs). My comments are set out below:

1) The application is for the demolition of the existing primary school and construction of a new primary school and associated works.

2) There are a number of mature and veteran Oak trees within the site (T32, T33 and T34) and a mixed line of semi-mature individual trees and groups of trees across the middle of the site and along the Eastern boundary.

3) The applicant has provided a tree survey and arboricultural impact assessment (AIA) by RPS and dated July 2016 which lists 35 individual trees, 16 groups of trees and 2 hedgerows as present on site. Of these, 9 are category A, 15 are category B, 28 are category C, and none as category U for removal.

4) As part of the tree survey report, a tree protection plan dated July 2016 has also been provided (drawing no. JSL 2645-714). Further tree protection details are set out in Section 6 of the Tree Survey and AIA. The tree protection plan does give details of the location of fencing to be installed for the demolition phase as well as the construction phase.

5) The tree constraints and tree protection plan do not show the positions of all the proposed utilities to service the new school and parking area - drainage, lighting, gas, water, electricity etc.

6) It is proposed to remove 5 individual trees and 2.5 groups of trees, of which the individual

Page 238 Page 32 of 66 trees are 3 category A (one a veteran tree) and 2 category B trees.

7) The Access Work General Arrangement plan (NP17v1, drawing no. P4053-17) states that the existing footway along the South side of the road will be widened to 2m by extending it back into the bank beyond. There are a number of large trees set up on the bank a short distance from the existing kerb and their structural roots will be extending across and down the bank to the edge of the pavement.

8) The same plan also proposes that the existing light column (and presumably associated electric supply works) will be moved to the back of the new widened footway, placing up against one of the mature retained trees in that area.

9) The proposed site plan (NP2c1, drawing no. LLA 00 PL A (05)101) indicates that a new 2.1m high boundary fence will be erected immediately to the South and West of T34 (Oak) cutting through its root protection area. Again, this has not been included in the tree protection plan.

10) The Pollution Prevention Plan by Willmott Dixon includes a proposed site layout in Appendix A indicating that the plant storage and refuelling area will be immediately beneath T34 (Oak) and within its fenced off root protection area.

11) T32 and T33 are mature Oak trees, present on the old maps from 1887, indicating that they would have been semi-mature at the time the map was made. T32 is a fine example of a category A tree in the early mature stages, over 130 years old and will have at least another 200 - 300 years of life expectancy remaining. T33 is a much older tree classed as a Veteran tree and an A category tree. Veteran trees develop extensive biodiversity features as they age, and can remain as veteran trees for hundreds of years.

12) T32 (Oak) is clearly visible as you approach the village from the West. It forms the right hand half of natural archway across the road with its crown meeting up with other trees on the opposite side of the road creating a distinct green corridor as you enter the village.

I have the following objections to the scheme:

1) I am extremely disappointed that the proposals would require the removal of two irreplaceable category A Oak trees. T32 is a distinctive tree that will continue to contribute to the local landscape character, amenity and biodiversity for many many years to come. T33 is a veteran tree of immense biodiversity value and again has many decades of useful contribution to make in this regards. The proposed tree planting as mitigation in the landscaping plan will never compensate for the loss of these two mature Oak trees.

2) The proposed footway widening will also have a severe detrimental effect on the roots of the other trees alongside the road frontage, and root severance from these works could cause them to become unstable in future severe weather events.

3) Removal of T32 would be unnecessary if the new entrance were to be relocated further to the West, and T33 could be retained as a central feature to the car park if the layout were

Page 239 Page 33 of 66 altered to accommodate it.

4) Not enough information has been included on the tree constraints plan and tree protection plan to adequately show how all the proposed site works (see points 7, 8 9 and 10 above) can be undertaken without damaging the retained trees on site.

I therefore strongly recommend refusal of this scheme as currently set out.

Powys County Council Public Protection And Env Health 21st Oct 2016 The following conditions are recommended. 1. In view of the residential setting of the proposed development it is recommended that before any development commences a Construction Method Statement and Environmental Management Plan shall be submitted to and agreed in writing by the Local Planning Authority in respect of the control of noise and dust during the demolition, landscaping and construction phases. 2. In addition it is recommended that the demolition, landscaping and construction period working hours and delivery times be restricted as follows: All works and ancillary operations which are audible at the site boundary shall be carried out only between the following hours: 0800 - 1800 hrs Monday to Friday 0800 - 1300 hrs Saturday At no time on Sunday and Bank Holidays Deliveries to and removal of plant, equipment, machinery and waste, including soil, from the site must also only take place within the permitted hours detailed above.

Informatives. During demolition and construction (including soil movement and landscaping activities) the contractor shall take all reasonable steps to prevent dust formation from dusty activities and any dust formed shall be prevented leaving the site by continuous watering down. In order to comply with Condition 1 regard should be had to the guidance found in BS 5228 — Code of Practice for Noise and Vibration Control on Construction and Open Sites. With respect to Condition 2 regard should be had to the provisions of section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction sites.

Powys County Council Public Protection And Env Health 19th Oct 2016 Thank you for consulting the Lead Local Flood Authority (LLFA) regarding the above mentioned application. In response, LLFA would make the following comments/recommendations:-

Flood Risk Management Comments: The Flood Consequence Assessment and Drainage Strategy report prepared by Cambria Consulting Limited dated September 2016 has been noted. Having reviewed the report findings the LLFA find these generally acceptable, particularly in relation to flood risk. However,

Page 240 Page 34 of 66 it is important that the detailed design of the proposed surface water drainage system, particularly the function of the attenuation system, is not effected by high level water flow within the Nant Cwy that may influence or restrict the discharge of surface water at the outlet point, thereby compromising the storage capability of the attenuation tank and causing possible surcharge within the site or elsewhere. Longitudinal sections of the surface water drainage system in relation to water levels within the Nant Cwy will be required. Whilst looking through the FCA Appendix drawing, it was noted that the Hydrobrake chamber may be at flood risk which could compromise the suitability of the drainage system.

Details to show the position and orientation of the outfall structure in relation to the Nant Cwy will need to be approved prior to commencement on site. This approval shall be secured via an Ordinary Watercourse Consent (Section 23 of the Land Drainage Act 1991) from the LLFA.

Recommendation: No development shall commence until full engineering details/drawings to reflect the recommendations outlined within Cambria Consulting Limited FCA and Drainage Strategy report dated September 2016, have been submitted and approved in writing by the Local Planning Authority. These flood risk/drainage measures shall be functional prior to first occupation of the development.

Reason: To ensure that the proposed development does not compromise the function of the existing waterbody and that any proposed flood risk/drainage measures are fully compliant with regulations and are of robust design.

Surface Water Drainage

Comment: This is a Greenfield site. Therefore, proposed surface water flows should be no greater than Greenfield run-off rates in accordance with the principles of TAN15 - Development and Flood Risk and good practice drainage design.

Ground investigations have been undertaken and it suggests that the use of infiltration for drainage of the school buildings and access road is not a suitable option, however the car parking area may be suitable for infiltration methods and this should be investigated further prior to disposal via positive drainage methods.

Detailed drainage calculations to limit the discharge rate from the site no greater than the Greenfield run-off rate or maximum 5 l/s rate shall be applied. The attenuation drainage system should be designed so that storm events of up to 1 in 100 year + 30% for climate change are accommodated and will not cause flooding either on site or elsewhere. There must be no discharge to a surface water body that results from the first 5mm of any rainfall event.

No surface water run-off shall flow onto the existing public highway.

Recommendation: No development shall commence until a scheme showing the detailed design for the surface water drainage of the site has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be completed before any part of the

Page 241 Page 35 of 66 development is occupied. The scheme to be submitted shall show foul drainage being connected to the public sewerage system.

These details shall include a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the surface water drainage system throughout its lifetime.

Reason: To ensure that the proposed drainage systems for the site are fully compliant with regulations and are of robust design.

Environment Protection Informative: Foul drainage from the proposed development should be conveyed to the main foul sewer, subject to the agreement by Dwr Cymru Welsh Water. There must be adequate capacity at the receiving sewage treatment works to treat the additional flows. Consent is required from the service provider to connect into the foul main sewer.

Powys County Council Highways 27th Sep 2016 Further to your re-consultation for the above planning application, I confirm that the Highway Authority do not wish to make any further comment.

Powys County Council Highways 26th Sep 2016

Page 242 Page 36 of 66 Wish the following recommendations/Observations be applied Recommendations/Observations

1. Prior to the commencement of any works on the development site the access road as detailed on drawing number LLA 00 PL A (05) 101 shall be fully completed to the written satisfaction of the local planning authority in accordance with the following specification; 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 minimum distance of 20 metres from the edge of the adjoining carriageway

2. Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the storage of all construction materials and for the parking of all construction vehicles together with a vehicle turning area. The parking and turning area shall be constructed to a depth of 0.45 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.

3. The off- site highway works as detailed on drawing P4053-17 P_001 shall be completed to a specification to be submitted and agreed to the written satisfaction of the local planning authority prior occupation of the new school.

4. Prior to the first use of the new school all on-site infrastructure including car parking spaces, access and circulation areas as detailed on drawing LLA 00 PL A (05) 101 shall be completed to a specification to be submitted and agreed in writing by the local planning.

Powys County Council Public Protection And Env Health 15th Aug 2016 The Following conditions are recommended. 1. In view of the residential setting of the proposed development it is recommended that before any development commences a Construction Method Statement and Environmental Management Plan shall be submitted to and agreed in writing by the Local Planning Authority in respect of the control of noise and dust during the demolition, landscaping and construction phases. 2. In addition it is recommended that the demolition, landscaping and construction period working hours and delivery times be restricted as follows: All works and ancillary operations which are audible at the site boundary shall be carried out only between the following hours: 0800 - 1800 hrs Monday to Friday 0800 — 1300 hrs Saturday At no time on Sunday and Bank Holidays Deliveries to and removal of plant, equipment, machinery and waste, including soil, from the site must also only take place within the permitted hours detailed above. 3. The maximum plant noise level associated with the development to be 5dB below

Page 243 Page 37 of 66 existing background levels at the nearest noise sensitive properties.

Informatives. During demolition and construction (including soil movement and landscaping activities) the contractor shall take all reasonable steps to prevent dust formation from dusty activities and any dust formed shall be prevented leaving the site by continuous watering down. In order to comply with Condition 1 the scheme should comply with the guidance found in BS 5228 — 'Code of Practice for Noise and Vibration Control on Construction and Open Sites'. With respect to Condition 2 regard should be had to the provisions of section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction sites.

Powys County Council Public Protection And Env Health 13th Sep 2016 Regarding condition 3, I took this from the MACH Acoustics report paragraph 2.2.1 - Plant Noise Rating.

On reflection it probably does not make much sense as a recommendation, therefore, I would suggest you change the recommendation to:

3. The plant or equipment including any air conditioning, ventilation and extraction systems ("plant") installed or operated in connection with the carrying out of this permission shall be so enclosed and/or attenuated that the noise generated by the operation of the plant shall not increase the background noise levels above that prevailing when the machinery is not operating. Measurements during the day time (07:00 - 23:00) expressed as LA90 [1hour], and/or during the night time (23:00 - 07:00) expressed as LA90 [5 mins] at any adjoining noise sensitive locations or premises in separate occupation. Noise measurements for the purpose of this condition shall be pursuant to BS 4142:2014.

Wales And West Utilities 5th Oct 2016 Wales& West Utilities acknowledge receipt of your notice advising us of your planning application.

Please find enclosed a copy of the requested plan and our general conditions for guidance. The plan must be printed in A3 size and will also need to be produced in colour. A hard copy is available upon request.

Gas pipes owned by other GT's and also privately owned may be present in this area. You must not build over any of our plant or enclose our apparatus.

CONTRIBUTORS Tom Corbett, , Mrs Lucy Warry, Y Neuadd, Talachddu P Webb And S Alford, , Mike Featherstone, Pencaemaen, LlangorsFiona Smeeton, , Llangors Primary School, Llangors, BreconSam Organ, , Llangors Youth And Community Centre, Mike Featherstone, Chair And

Page 244 Page 38 of 66 SecretaryVivian Fairbank, Kathy Jenkins

OFFICER’S REPORT

INTRODUCTION This application seeks full permission for the demolition of the existing primary school and the construction of a new primary school and associated works.

The application, being more than 1 ha in size represents a major application.

There are two other recently submitted applications for new primary schools, which are also presented to this committee, at Hay on Wye 16/13830 and at Talgarth, 16/13827.

The applications represent part of the 21st Century Schools Programme- a collaboration between Welsh Government, the Welsh Local Government Association and local authorities in Wales including Powys County Council. The proposed new primary schools are included in the Gwernyfed Catchment primary Schools Project which will see an investment of £23.75 million in construction. This is a major, long term and strategic capital investment programme with the aim of creating a generation of 21st century schools in Wales. One of the primary aims of the programme are to reduce numbers of poor condition school buildings.

SITE DESCRIPTION The site comprises an irregular parcel of land of approximately 1.6421 ha at the western edge of Llangorse which contains the existing primary school site together with additional land to the west of the site, forming part of two existing fields which are presently in agricultural use. The site also includes a narrow strip of land to the south east which adjoins the water feature known as the Nant Cwy.

The existing school buildings occupy the eastern part of the site. The main school building was built in the 1970's with other prefabricated buildings being built subsequently (see history below). The remainder of the existing school site is made up of car parking, playground facilities and trees, hedgerows and existing habitats.

The site features a number of trees which are mainly located surrounding the existing school building, along the existing field boundaries within the western part of the site as well as along the existing public highway to the north of the site.

The site is located to the west and north of existing residential and commercial properties within the settlement at Llangorse, and to the east and north of agricultural land located in the open countryside. Immediately to the north of the site lies Llangorse community hall. The nearest residential properties lie within the settlement boundary of the village of Llangorse, together with scattered individual residential properties lying to the north and

Page 245 Page 39 of 66 west of the site. The site is located approximately 500m north of LLangorse lake, the largest natural water body in Wales and approximately 7km miles to the east of Brecon.

The site slopes gradually down from the north-east part of the site at around 173m AOD to around 164m AOD the south west part of the site.

The existing vehicular access lies to the eastern part of the site closest to the village of Llangorse, off an unclassified road. The adjacent existing residential property known as Hazeldene and a public toilet block are outside the site boundary.

The site is approximately 500 metres to the north of Llangors Lake Site of Special Scientific Interest (SSSI) and Special Area of Conservation (SAC). A small watercourse (the Nant Cwy) lies adjacent to the site and runs in a south-easterly direction and flows into Llangors Lake.

The site lies within the Middle Usk Valley: Brecon and Llangorse Landscape of Special Historic Interest.

Ecology - two bat roosts have been identified at the site.

There are no public rights of way within the site. The nearest PROW's are located to the north west of the site, (Ref 17/13/1) and to the south west (Ref 17/7/2). There are no listed buildings within the immediate vicinity of the site.

PROPOSED DEVELOPMENT The proposed development seeks to redevelop the existing school site to provide a new primary school for Llangors, to include the construction of a new access road, parking and turning facilities, a new playing field, multi-use games area and hard play areas. The proposed development also includes the demolition of the existing school once the new school and associated works have been completed.

The new primary school building is sited within the western part of the site. It is single storey but the massing and height of the building has been designed to reflect the three different parts of the building - the main teaching area incorporating classrooms accessed off a shared multi-functional circulation area, staff and office accommodation, and toilet facilities a main hall/ kitchen facility and community area and the reception entrance area.

The teaching area is the lowest in height 5m to the ridge and 3.8m to the eaves with a roof lantern feature raising the height a further 1m in height. It has a shallow pitch roof, of standing seam construction. It is finished externally with a brick plinth, with fibre cement weather boarding at the gable ends, high level glazed gable end elevations to provide high levels of natural light to the central corridor, render and feature colour render panels to the side elevations of the classrooms with extensive glazing. There are glazed canopies provided immediately outside the foundation phase classrooms.

The hall area is the tallest part of the building, at 7.2m high, with a flat roof. Photo voltaic

Page 246 Page 40 of 66 panels up to a max height of 0.5m are also included on the roof. It is finished externally in render with a large glazed entrance feature. The kitchen area adjacent is a lower building at a height of 4.5m with kitchen plant on the flat roof to a maximum height of 350mm. The building is finished externally in fibre cement weatherboarding.

The two areas above are linked together by a canopy with glazed roof lights to define the school entrance. The windows and doors throughout are proposed to be constructed of aluminium curtain walling and composite aluminium-timber.

External lighting is proposed to provide adequate illumination of vehicular routes, pedestrian walkways, car parking areas and fire escape routes with minimal light spillage onto boundary hedges, stream areas and adjacent neighbours.

External play field provision comprises of 1 no. mini football pitch and I no. multi-use games area (MUGA) and hard and soft social play space. These will be finished in a combination of asphalt and soft-crumb features. None of the sports provisions will be floodlit.

The new school would have an overall capacity for 175 children with a capacity of 150 pupils from nursery to Year 6 and Early Years provision to accommodate up to 25 two to four year olds.

A new access is proposed further west of the existing access along the unclassified road beyond the existing community centre. The new access would emerge at the point where there is an existing traffic calming feature (providing single lane priority) and this will be removed to facilitate the new access. The new access will have a 6m wide carriageway and footways along both sides with vision splays of 2.4m x 25m required within the 20mph speed limit at this location. The access and car park is designed to accommodate the swept path of a coach/bus, refuse vehicles and other service vehicles. The proposals also include off-site highway works towards the village involving the widening of the existing footway to a 2m width, widened tactile crossing points, road markings and signage reflecting the 20mph area and re-siting of the existing build out further west. The existing agricultural access to the west of the site entrance would be infilled by a hedgerow.

The new access would lead to a new 59 space car parking area (including 3 disabled parking spaces) for staff and visitors to accommodate drop off and pick up with a circular route to accommodate the school bus and parking spaces for delivery vehicles. A footpath link is proposed to the community hall car park, which provides a further 22 car parking spaces to facilitate shared use of the car parks, providing a total of 81 off street parking spaces. It is also proposed to provide a new agricultural access to the adjacent field directly off the new access to the school.

The proposals include site security which involves fencing to a height of 2.1m to be installed around the play areas whilst ensuring that the car park and the frontage of the school are accessible to the public. It also includes cctv installation to monitor car park areas, all entrances/exits and building elevations as well as perimeter fencing and secure

Page 247 Page 41 of 66 gating.

The drainage proposals incorporate connection to the foul sewer and sustainable drainage systems with a new outfall to the Nant Cwy.

The landscaping proposals include the retention of the existing school habitat ecology area within the eastern part of the site, reinforcement of the southern boundary with a new hedgerow, translocation of the boundary along the existing western boundary of the site and reinforcement with additional tree planting. Tree removal will occur in three locations - at the site entrance in order to provide access and vision splays as required by the Highway Authority, to the west of the existing school boundary where the school effects a line of existing trees and within the proposed car park where one veteran oak tree would be removed.

The details of the proposed development is fully detailed within the submitted plans and documentation. The supporting documentation is listed below:-

Planning Statement Design and Access Statement Flood Consequences Assessment and Drainage Strategy Transport Statement, Travel Plan and Vehicle Tracking Plans Highway/Access Detail Plan Pollution Prevention Plan Phase 1 Environmental Survey (Desktop Study) May 2016 - (this was submitted on the disc as over 10mb.) Site Investigation Report - sent post-submission Construction/Environmental Management Plan Project Environmental Plan Ecological Appraisal Report Tree Survey and arboricultural impact assessment (June 2016) Environmental Noise Survey Report (June 2016) Landscape and Visual Impact Assessment and Appendix Topographical Survey 1-3 Utility Survey 1-3

Since the original submission, a number of amendments have been made to the application which are reflected in amended plans and amended documentation details as follows:- i. An updated Bat Survey contained within the LLangors Ecological Appraisal Rev 1 received on 31 August 2016, ii. Amended plans to reflect a new surface water outfall to the Nany Cwy, revised amended materials, details of the fencing, an amended Design and Access Statement and amended Flood Consequence Assessment and Drainage Strategy received on 20 September 2016. iii. Amended Pollution Prevention Plan and Tree Plan received on 29 September 2016.

Page 248 Page 42 of 66 PLANNING HISTORY 13/08755 - Installation of temporary mobile classroom to existing primary school. Approved 07.05.2013 P16595 - Erection of mobile classroom and link to existing school. Approved 08.11.1999

POLICY CONTEXT Policy 1 Appropriate Development in the National Park SP1 National Park Policy SP3 Environmental Protection - Strategic Policy Policy 3 Sites of European Importance Policy 4 Sites of National Importance Policy 5 Sites of Importance for Nature Conservation Policy 6 Biodiversity and Development Policy 7 Protected and Important Wild Species Policy 8 Trees and Development Policy 9 Ancient Woodland and Veteran Trees Policy 10 Water Quality Policy 11 Sustainable Use of Water Policy 12 Light Pollution Policy 14 Air Quality Policy 21 Historic Landscapes Policy 22 Areas of Archaeological Evaluation Policy CYD LP1Enabling Appropriate Development in the Countryside Policy 51 Development of New or Extended Community Facilities Policy 56 Water and Sewage Supply for New Development Policy 58 Sustainable drainage systems Policy 59 Impacts of Traffic Policy 60 Provision for cycling and walking Policy SP4 Climate Change Policy SP11 Sustainable Design Policy SP17 Sustainable Transport Policy SP18 Sustainable Use of Land Landscape and Development (October 2014) Guidance for Sustainable Design in the National parks of Wales (October 2008)

In the determination of a planning application, regard should also be given to the requirements of National Planning Policy which are not duplicated in the Local Development Plan. The following Welsh Government Planning Policy is relevant to the determination of this planning application:-

Planning Policy Wales Chapter 4 - Planning for Sustainability, Chapter 5 - Conserving and Improving Natural Heritage and the Coast, Chapter 6 - Conserving the Historic Environment, Chapter 8 - Transport, Chapter 12 - Infrastructure and Services, Chapter 13 - Minimising and Managing Environmental Risks and Pollution. Planning Policy Wales Technical Advice Note (TAN) 12 – Design, TAN 11 – Noise, TAN 5 - Nature Conservation and Planning, TAN 15 – Development and flood risk, TAN 18 –

Page 249 Page 43 of 66 Transport. Wo Circular 60/96 Planning and the Historic Environment: Archaeology

MATERIAL CONSIDERATIONS The main material planning considerations for a proposal of this nature are the potential impacts upon the following matters The principle of the development, the impacts on:- the character and appearance of the area, ecology/biodiversity and protected species, archaeology, highway infrastructure, drainage infrastructure, flood risk and pollution control and amenities of nearby residents.

SUMMARY OF REPRESENTATIONS This application has been advertised through the erection of a site notice and a public notice in the paper as being a proposed development carried out on a site having an area of 1 hectare or more it represents a major development. The application was re- advertised following the receipt of the amended site boundary and amended details on 20th September 2016. As a result of this publicity, 13 letters/emails have been received raising the following comments

- Welcome replacement school but shortcomings need addressing - Consider one solution to fit all not appropriate - Consider pre school education important for village - School will not provide for needs of the community, does not provide for expansion, fearful of need for bolt on extensions - Question reduction in footprint, number and size of classrooms too small, shared teaching not included, need appropriate learning space, unisex toilets and changing facilities unsuitable - Support all weather pitch - Internally - limited shared spaces and group facilities and no consideration for school productions or for children with additional needs - No external teaching spaces integrated with landscape - School building should be environmentally sensitive with use made of local materials with a pitch roof with slates - Requested colour of rendering - Condition requested that car parking should be shared with community centre - Building should not detract from village and its surroundings as National park is reliant on visitors and tourists and site is on entry to village and lake - Lack of care to design and planning in context of the surrounding landscape and built environment to enhance the National Park - School not in keeping with area's outstanding natural beauty - Building is uninspiring, amounts to a sheep shed or industrial building - Does not meet good sustainable design as promoted by Welsh Government Planning Policy, is not well designed, appropriate or sustainable - The school comprises of two disparate disjointed elements, the entrance is visually confusing, presentation to road comprises the back wall of the kitchen, uninviting - Further details should be provided for need of external plant - Siting and orientation of building should be reviewed

Page 250 Page 44 of 66 - Parking dominates main aspect of school - Inadequate parking spaces, particularly at drop off and pick up times, congestion around school and speed limit not observed will create safety and safeguarding issue - Question location of re-siting of traffic calming feature - Security of boundary for children, buildings and ground important - Question acceptability of planning consultation exercise in summer holidays and whether adequate consultation with staff, teaching staff and parents by project developers

APPRAISAL Principle of the development The proposed development involves the demolition of the existing school buildings, construction of a new school with new access and parking provision. The details of the works are documented within the Plans, Design and Access Statement, and Planning Statement and summarised above.

The majority of the proposed development site is located within the Listed Level 3 Settlement of Llangors on land identified as being in community use, and the remainder is located within the open countryside on an edge of settlement location as shown on the LDP Proposals Map.

Listed Settlements are defined by the LDP as sustainable locations suitable to accommodate small scale growth to support community sustainability. Policy S LP2 sets out the forms of development which are acceptable within Listed Settlements, this includes supporting proposals that strengthen and enhance the provision of community facilities and services serving the area and its locality (criterion 2). The Strategy and Policy Officer considers that this proposal will act to strengthen the existing school facilities to the benefit of the Listed Settlement and region.

Policy CYD LP1 enables appropriate development in the countryside which includes proposals that strengthen and enhance the provision of community facilities and services serving the area and its locality (criterion 2) Policy E LP1 relates to the provision of development to the benefit of the community sustainability at edge of settlement locations. It states that development proposals that are essential to community sustainability and/or have limited environmental impact will be enabled at edge of settlement locations. Acceptable exceptions development will be limited to certain proposals including those proposals relating to the provision of a new/extended community facility, where it can be proven that the facility is essential to the community and there are no suitable sites to accommodate the development within the Settlement Extent/Boundary (criterion 8).

Policy 51 of the LDP provides further detail in relation to the Development of New or Extended Facilities. This policy sets out that proposals for new, or extensions to existing schools, village halls, theatres and other community facilities such as community recreation or sports facilities, will be permitted where:

Page 251 Page 45 of 66 a) The development is located within a defined Settlement Boundary or Settlement Extent as shown on the Proposals Map. OR b) It is proven that there will be no suitable development sites available within a Settlement, the NPA will consider proposals located on Edge of Settlement locations. AND c) The proposal is proven to be necessary to support community sustainability in that location; d) The facility can be proven to be operationally sustainable into the future; and e) The proposal has no unacceptable detrimental effect on the amenity and privacy of existing dwellings, nearby properties or the general public.

The supporting information shows that due to the constrained nature of the Llangors settlement boundary there are no other suitable locations to accommodate the new school together with the proposed playing and car parking facilities. In addition, the site, being an edge of settlement location is considered to be a sustainable location being in close walking distance to the centre of Llangors and with footpath links to the community centre adjacent. The proposed development would also retain and enhance the existing school facilities.

Many of the representation responses received welcome the principle of the replacement school.

Having reviewed the supporting information, the Strategy and Policy Officer is satisfied that the requirements of policy 51 have been satisfied such that the principle of the development is acceptable. It is therefore concluded that the principle of the development is acceptable in accordance with policy S LP2(2), policy E LP1(8) and policy 51 of the LDP.

Impact on the character and appearance of the area Policy 1 of the LDP is an overarching policy, criterion (i) of which seeks to ensure that the scale, form, design, layout, density, intensity of use and use of materials of any development, including a conversion, would be appropriate to the surroundings and will maintain or enhance the quality and character of the Park's natural beauty, wildlife, cultural heritage and built environment. Criterion (ii) seeks to ensure that developments are integrated into the surrounding landscape through planting and appropriate management of native species and creation of appropriate boundary features as necessary. Policy 21 Historic Landscapes states that Development which directly or indirectly either alone or in combination affects those areas listed within Part 2 of the 'Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales' will only be permitted if the essential integrity and coherence of the area, as defined in the Register, is preserved or enhanced.

New School Building The significance and implications of the new school development on the character and appearance of the area is summarised within the comments of the National Park's Senior Heritage Officer as set out above.

Page 252 Page 46 of 66 The demolition of the existing school is welcomed from a built environment point of view as the existing school buildings have little in common with the predominant vernacular style of the buildings in the village of Llangors, although they are set down and obscured in the existing landscape. The proposed new school will not be as concealed and due to its siting, scale and form will create a more dominant feature at the entrance to the village from the direction of Brecon.

In design terms it is considered that the proposed development would create a utilitarian building that would not reflect the traditional character and appearance of the village settlement of LLangors, although it is accepted that the design and appearance reflects the semi-rural nature of the site being on the edge of the settlement where agricultural buildings tend to be located. The stepped down parts of the building does reduce its overall impact and the recent amendment to the external materials to substitute the central brick façade with render are welcomed as this makes the design appear less bulky and helps to assimilate the building with its surroundings. NRW have commented that render is an improvement in relation to local distinctiveness.

The applicant has been requested to alter the siting of the building so that the front elevation faces onto the public highway, to improve the urban form of the development. However, due to the constraints imposed on the scheme and design objectives for the school the applicant's agent has advised that it is not possible to re-site the building. The constraints have included the need for the existing school to remain operational whilst the new school is being built and the desire to respect views from the community centre. The design objectives of the school building have included maximising views south, managing solar gain by avoiding an east/west orientation of the building to avoid low sun angles and glare, providing one parking area provision to the front of the building with a one-way vehicular route accessed as far east as possible, providing a secure line between the play/external teaching areas and the entrance, and retaining existing field boundaries and hedgerows where ever possible.

In an email dated 28th October 2016 the applicant’s agent has confirmed that the applicant proposes to locate the kitchen plant internally. This would remove the visual clutter on the roof of the proposed kitchen and is welcomed.

The proposed type of security fencing is considered acceptable, as whilst 2.1 metres high it is a light and see through type construction.

Representations have raised a number of concerns about the design, siting, visual appearance and use of local material of the new school building. These comments are noted. However, it is considered that the recent amendment to use render in place of brick within the main façade has helped to improve the overall appearance and help to assimilate the building with its surroundings. Whilst it is disappointing that the siting has not been reconsidered, the main reasons for this, as set out above, are noted. It is also recognised that the site is on the edge of the village and that due to the distance, and intervening vegetation, the proposed development would not have an impact on the setting of any heritage assets of listed buildings located within the village. The National

Page 253 Page 47 of 66 Parks Senior Heritage Officer has advised that whilst the siting is unfortunate, the proposals can be supported.

Landscape and visual assessment The landscape and visual assessment (LVA) has provided an outline appraisal of the likely landscape and visual effects of the development. It considers that the overall landscape sensitivity is moderate to high in view of the LANDMAP landscape character designations of the area. The LVA considers that in the short term the loss of vegetation including the mature oak trees would be a moderate to minor impact but overall the proposed development, together with mitigation measures, would have a negligible adverse effect on the landscape character. The reasons for this conclusion are that the development would represent only a small extension westwards, be closely integrated with the existing village and would not be an isolated development in the open countryside. Whilst there is some loss of tree and hedgerow the majority of the site would be contained within existing field boundaries, there is retained boundary and tree cover over the site, together with the mitigation planting which would reduce the mass and scale of the development. The new school building would replace the dated and unattractive buildings with a similar sensitively located and attractively designed building using appropriate materials with minor alterations to the topography of the site. Further, the proposal would not interfere with the main landscape feature in the area, LLangorse Lake and would have a negligible adverse effect on the Wye Valley Foothills Landscape Character Area 14.

However, within the site itself, given the moderate to high sensitivity of the landscape and the major landscape magnitude of change, the landscape impact is assessed to be of major significance.

In terms of visual impact, the LVA has identified that there are only a few number of residential properties that will experience significant visual effects. From Beacons View, located to the north of the site there would be filtered views of the main school building and the car parking area where the impact is assessed as major-moderate which would reduce to moderate - minor following the establishment of the proposed planting. Elsewhere, there would be negligible adverse effects to a few residential properties within the village where views would be limited by existing tree and boundary cover. Views from the community centre will be towards the new school building but the car park and service plant would be largely hidden by retained trees reinforced with new planting. The impact is assessed as major - moderate reduced to moderate - minor when the mitigation planting is established. From individual rural properties further afield, the impacts are assessed as negligible due to distance and the existing and proposed planting.

In terms of public rights of way, (PROW) the nearest is located in the field north of the western part of the site to the rear of Beacon's View where the LVA states the impacts would be similar to the impacts from this property. From the PROW to the south of the village leading to Llangorse Common little of the development would be visible due to intervening vegetation, particularly when the mitigation planting is established, such that the impact is assessed as negligible.

Page 254 Page 48 of 66 From areas of Open Access Land located on higher ground to the east, including the summits of Mynydd LLangorse and Mynydd Troed, and the long distance promoted routes of The Beacons Way and The Three Rivers Ride, given the separation distance and density of tree cover, the impact is assessed as negligible adverse.

For users of the road network there would be no significant effects with the exception of a very localised section at the new site entrance where the impact is assessed as major - moderate adverse, which would reduce to moderate - minor following establishment of the mitigation planting.

In consideration of the landscape and visual impact, the main issues are whether the proposed development would have a significant impact on the special qualities of the National Park in this area which is highly sensitive being located within the Middle Usk Valley: Brecon and Llangorse Landscape of Special Historic Interest and the Wye Valley Foothills Landscape Character Area 14. It is accepted within the LVA that within the vicinity of the site which is of moderate to high sensitivity, the landscape and visual impact would be of major significance, which will reduce following the establishment of the proposed mitigation planting. However, from a wider perspective, the impact on the area, in terms of the sensitive landscape, on users of PROW's, open access land and from residential properties within the village and scattered nearby, the proposed development is not considered to have a detrimental impact on the character and appearance of the area.

NRW have provided comments on the LVA and have advised that it has underestimated the visual impacts to some extent as the viewpoints relate to summer views and winter views would be greater. NRW have raised concerns about the impact of the proposals on the local landscape which is highly sensitive and the loss of mature trees, including the veteran oak, together with the rearrangement of the field pattern and the views from the public road which are focused on the kitchen and deliveries area. NRW recommend further consideration is given to the retention of mature trees and hedgerows and the visual appearance and character of the proposals within the landscape. However, NRW have raised no objections and have noted that the replacement of brick with render is an improvement in relation to local distinctiveness.

The applicant has advised that the decision to remove trees and hedgerow as part of the proposals has not been taken lightly but after consideration of all the issues but principally highway and pedestrian safety considerations. The mitigation measures submitted to accompany the application, include the translocation of the hedgerow, hedgerow and tree protection, tree planting and which should ensure that the proposed development in the long term would not be detrimental to the rural character and appearance of the site and the existing landscape.

Trees Policies 8 and 9 of the Local Development Plan seek to ensure that trees are retained and protected as part of any development and that where there are losses appropriate replacement is provided to secure mitigation/compensation measures.

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The existing trees on the site form an important landscape feature and contribute to the character and setting of the existing buildings on the site.

A tree survey and arboricultural impact assessment accompanies the application together with a tree protection plan. The survey shows that there are a number of mature and veteran oak trees within the site (T32, T33 and T34) and a mixed line of semi-mature individual trees and groups of trees across the middle of the site and along the Eastern boundary.

The proposed development involves the removal of 5 individual trees and 2.5 groups of trees, of which 3 of the individual trees are category A (one a veteran tree) and 2 are category B trees.

The National Parks Arboriculturist has been consulted on the application. An objection has been received recommending refusal of the proposed development for the following reasons.

The proposals would require the removal of two irreplaceable category A Oak trees. T32 is a distinctive tree that could continue to contribute to the local landscape character, amenity and biodiversity for many years to come. T33 is a veteran tree of immense biodiversity value which would also have many decades of useful contribution to make in this regards. The proposed tree planting as mitigation in the landscaping plan is not considered to be compensation for the loss of these two mature Oak trees.

The National Parks Arboriculturist is also concerned that the tree constraints and tree protection plan do not show the positions of all the proposed utilities to service the new school and parking area - drainage, lighting, gas, water, electricity etc. Similarly, she is concerned that inadequate information has been provided to adequately show how all the proposed site works can be undertaken without damaging the retained trees on site. These works include the widening of the existing footway along the South side of the road which may affect the structural roots of a number of large trees on the bank a short distance away, relocation of a lighting column, a new 2.1m high boundary fence to be erected immediately to the South and West of T34 (Oak) cutting through its root protection area, and a plant storage and refuelling area which is proposed immediately beneath T34 (Oak) and within its fenced off root protection area.

The National Parks Arboriculturist has suggested that removal of T32 would be unnecessary if the new entrance were to be relocated further to the west, and T33 could be retained as a central feature to the car park if the layout were altered to accommodate it.

Following the receipt of the above comments, the applicant's agent has submitted a revised Pollution Prevention Plan and tree plan, to address some of the concerns raised, which have been welcomed.

Page 256 Page 50 of 66 However, the proposals still result in the loss of trees T32 and T33, due to highway requirements regarding the siting of the access, parking and footway provision and the need for a one way system to accommodate the school bus. This is very disappointing, as the loss of these category A trees, especially T33 which is a veteran tree, contribute to the quality and character of the local landscape character and visual amenity of the area. This tree loss would be detrimental to the character and appearance of the site in the existing landscape and the visual amenities of nearby local residents.

Whilst it is recognised that the proposed tree planting, hedgerow translocation and landscaping works as mitigation in the landscaping plan will never compensate for the loss of these two mature oak trees in a short timescale it is hoped that the proposed planting will in the long term become valuable landscape and biodiversity features.

Conclusions It has been accepted above that the proposed development is supported in principle being an edge of settlement location which would retain and enhance the existing school facilities, replacing the existing school which is in a poor condition. The new school building would be utilitarian in appearance but due to its limited height, scale and use of materials it would generally be assimilated with its surroundings. There would not be significant detrimental impact from a wider perspective on the sensitive landscape of the general area but due to the loss of mature and veteran trees and hedgerows within the site, there would be a detrimental impact on the immediate local landscape and the visual amenities of the nearest residential properties, road users and users of the public right of way to the north of the site. Whilst the need for the extent of vegetation loss due to highway reasons is noted, it is very disappointing, and an objection has been raised by the National Parks Arboriculturist for the tree loss and potential impact on the roots of further trees CCTV or lighting services. However, it is accepted that this impact would be reduced to a certain extent over the long term following the establishment of the proposed mitigation planting.

In conclusion, whilst there would be detrimental impacts locally due to the hedgerow and tree loss, it is considered that the new school development would otherwise be acceptable in terms of its impact on the character and appearance of the area, subject to the imposition of conditions to secure the works are carried out in accordance with the submitted documentation, to secure the precise details of the external materials and further details of the landscaping scheme, to ensure that the development would be compliant with the policies of the LDP.

Impacts on archaeology Para 6.5.1 of PPW outlines the desirability of preserving archaeological remains and their setting is a material consideration in the determination of planning applications. Similar advice in Circular 60/96 requires Authorities to take into account archaeological considerations at the early stages of development and to be fully informed about the nature and importance of archaeological remains and their setting and the likely impact of any proposed development upon them.

Page 257 Page 51 of 66 Local Development Plan Policy SP3 f) requires all development proposals to demonstrate that they do not have an unacceptable impact on, nor detract from or prevent the enjoyment of … archaeological features. Policy 22 requires that where important archaeological remains are known or may exist within an area for archaeological evaluation, the archaeological implications of development proposals shall be evaluated by qualified and independent archaeologists before planning applications are determined.

Llangorse is located in a rich archaeological landscape, within the Middle Usk Valley, Brecon and Llangorse Landscape of Outstanding Historic Interest. No heritage assets are recorded within the area of the application. However, the site is located close to the historic core of the medieval village, and part of the defined envelope of the historic core as outlined in the LDP, encompasses part of the appraisal site.

Whilst there are no recorded assets within the appraisal site itself, the proposed development is considered to be within an area of archaeological sensitivity such that archaeology is a material consideration in the determination of this planning application. The application proposals involve a considerable amount of ground impact and truncation across the site which would have considerable potential to impact upon any surviving archaeological resource.

As originally submitted there was insufficient information submitted to accompany the application to assess how the proposed development might impact upon potential archaeological remains or to advise on any appropriate mitigation measures. However, an archaeological evaluation has been undertaken at the site and was received on 27 September 2016, in order to identify how the proposed development might impact upon potential archaeological remains.

The archaeological evaluation consisted of eight trenches excavated across the proposed development site, in accordance with a WSI submitted by the applicant, and approved by the BBNPA. Seven of the trenches contained no archaeological remains, although one trench, Trench 6, contained one linear archaeological feature. It is not depicted on any modern or post-medieval cartography covering the site and is therefore considered to be of ancient origin, potentially of Medieval or earlier date. Its function is currently unknown, possibly representing an enclosure or property/agricultural boundary.

The BBNP Archaeologist has advised that the evaluation has demonstrated that known archaeological remains survive within this proposed development site which is sufficient pre-determination information to enable informed assessment of the archaeological potential of the site. The BBNP Archaeologist considers that the impact of the proposed development upon the archaeological remains present on site can be dealt with post- determination, by a suitably worded watching brief condition attached to any permission granted for this application.

It is therefore considered that subject to the imposition of the above conditions the proposed development would be consistent with policy SP3 f) of the Local Development Plan as well guidance set out in PPW and Circular 60/96.

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Impacts on ecology/biodiversity and protected species To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice Note (TAN) 5, biodiversity considerations must be taken into account in determining planning applications. Planning permission should be refused if the proposals will result in adverse harm to wildlife that cannot be overcome by adequate mitigation and compensation measures. The Local Development Plan includes a number of policies regarding ecological issues and safeguarding biodiversity as set out in the report above.

An Ecological Appraisal Report accompanies the application. This includes a walkover survey of the site which shows that the western half of the site is predominantly improved grassland; the central area has existing amenity grassland (playing fields) with a woodland wildlife area with two ponds to the east of the school building. The western field is bounded by mixed-species hedgerows with occasional oak trees including a veteran oak tree in the north-western boundary.

A number of features were identified that had potential for bat roosting and therefore bat activity surveys were undertaken in June, July and August 2016. The bat activity surveys identified the presence of two bat roosts at the site - one in the school buildings (a single soprano pipistrelle) and another in the veteran oak tree in the north-western boundary (up to ten soprano pipistrelle bats). The mitigation measures include the provision of a number of bat boxes on mature trees at the site as well as the installation of bat boxes within the external structure of the south-western elevation of the new school.

The National Parks Planning Ecologist and Natural Resources Wales have been consulted to provide their expert comments in relation to the potential impact of the proposals on protected species.

The National Parks Planning Ecologist broadly welcomes the conclusions and recommendations in the ecological report. However, concerns are raised regarding the proposed layout of the school which results in the removal of the hedgerow and veteran oak tree along the north-western boundary as well as the hedgerow and mature oak tree on the northern (roadside) boundary. She is disappointed that the layout cannot be amended to allow the retention of the two oak trees and the field boundary hedgerow. However, it is acknowledged that the applicants have done their utmost to provide an appropriate mitigation and compensation strategy. This includes the translocation of the existing hedgerow to the new boundary of the site (apart from the veteran oak tree) and the planting of new hedgerow inside this to provide a wide and valuable wildlife corridor. The existing (translocated) hedgerow will also have 5 new oak trees planted within it to compensate for the loss of the two oak trees. Whilst it is difficult to compensate for the loss of a veteran tree and a future veteran tree in a short time scale, it is hoped that these trees will eventually in the long-term become valuable landscape and biodiversity features.

Biodiversity enhancement measures have not been specifically mentioned within the proposals, but the National Park's Planning Ecologist has advised that the extent of new

Page 259 Page 53 of 66 planting at the site probably exceeds the mitigation and compensation requirements and could be considered as enhancement. In addition a number of features for bats and nesting birds could be provided as further mitigation.

A Landscape and Ecological Enhancement and Management Plan will be required to be submitted to identify the overall proposed mitigation, compensation and enhancement measures as well as making provision for their long-term management.

The retention of the school wildlife ponds and associated woodland "nature area" and new woodland planting areas are also welcomed. The submission and implementation of a management plan for these areas are required to ensure their continued benefits for nature conservation interests at the site.

Details of external lighting will also be required to be submitted to ensure that it is appropriately designed and sensitively located to avoid light-spill towards bat roosting areas or wildlife corridors.

The proposed landscaping scheme incorporating new hedgerow planting and planting specification is broadly considered acceptable. The access to the agricultural field in the north-west corner of the car park should be provided at a maximum of 3 metres in width to minimise the gap in connectivity between the hedgerows. It is noted that there is no access to the small field that will be created in the north-western part of the site.

Natural Resources Wales (NRW) have advised that as the proposed development affects a European Protected Species (bats) then it is likely to give rise to the need for a licence. However, they have advised that the proposed development is not likely to be detrimental to the maintenance of the population of the species concerned at a favourable conservation status provided that appropriate mitigation measures are put in place for the loss of the two bat roosts. NRW have raised no objections subject to the insertion of a number of conditions to ensure: the submission of a detailed method statement in include timing of the works, no tree felling or demolition works to commence until a licence has been issued, and detailed lighting plans have been agreed with the Authority.

In conclusion, no ecological objection has been raised to the new school development from NRW or the National Park's Planning Ecologist, subject to the imposition of a number of conditions. However, concerns have been raised regarding the proposed layout which will result in the loss of mature and veteran oak trees as well as negative impacts on hedgerows. However, a mitigation and compensation strategy has been submitted to offset and compensate for the negative impacts on trees and hedgerows. Measures are also proposed to provide alternative roosting features for the pipistrelle bat roosts that will be destroyed.

It is therefore concluded that ecological issues and safeguarding of biodiversity within the proposed development can be appropriately accommodated by the imposition of appropriate conditions The proposed development is therefore considered to be consistent with policies SP3, policies 3, 4, 6,7, 9 and 12 of the Local Development Plan.

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Impacts on the Llangors Lake Site of Special Scientific Interest (SSSI) and Special Area of Conservation (SAC) The site is located approximately 500 metres to the north of Llangors Lake Site of Special Scientific Interest (SSSI) and Special Area of Conservation (SAC). A small watercourse (the Nant Cwy) runs to the south-east of the site and flows into Llangors Lake and the development proposes to dispose of greenfield surface water runoff into the Nany Cwy.

Natural Resources Wales have advised that this Authority will need to carry out a test of likely significant effects (TLSE) for the SAC, as required under Regulation 61 of the Conservation of Habitats and Species Regulations 20110 (as amended). In order to have sufficient information to carry out a TLSE, the details of how pollution of the watercourse is to be prevented are required to ensure appropriate pollution prevention measures during construction and operation of the development are employed.

The National Parks Planning Ecologist has advised that the submitted draft Pollution Prevention Plan is broadly acceptable in principal and a detailed final version can be secured through an appropriately worded planning condition. In addition, the details of the surface water attenuation measures can also be secured by condition. The National Park's Planning Ecologist has therefore advised that provided planning conditions to secure the pollution prevention measures and a surface water drainage strategy are imposed, no Likely Significant Effects on the Llangors Lake Special Area of Conservation (SAC), are anticipated as a result of these proposals. A Habitats Regulation Assessment (HRA) screening report (TLSE) has been completed and sent to NRW for ratification as the statutory nature conservation body under the above mentioned regulations.

Impacts on drainage infrastructure, flood risk and pollution control Policy 56 of the LDP requires development to have adequate water and mains sewerage infrastructure and that conditions should be imposed to ensure adequate services are available to serve the development.

Chapter 13 of PPW advises that the planning system has an important role in avoiding or minimising the adverse effects of any environmental risks on present or future land use, minimising risk from land contamination and that development does not increase the risk of flooding or surface water run-off.

Surface water is proposed to be secured by sustainable drainage systems and the proposed development is to dispose of foul drainage to the public foul sewer.

The Flood Consequence Assessment (FCA) and Drainage Strategy accompanying the application shows that the majority of the site is located within an area at low risk of flooding including the main access and egress points to the site apart from a very small section of the south eastern corner which is shown in Flood Zone C2, although this area will not be altered as part of the development proposals. As school development is classed as highly vulnerable development within Tan 15, the justification criteria within Tan 15 has been considered. There are no watercourses within the site, however the

Page 261 Page 55 of 66 Nant Cwy runs adjacent to the eastern boundary of the site.

The Drainage Strategy therefore seeks to ensure an effective surface water management strategy is implemented and disposal is achieved without adverse flood risk impacts. The drainage strategy provides for greenfield runoff to discharge into the Nany Cwy in accordance with best practice, with the play areas draining via infiltration the detail design of which will depend on soakaway testing. The FCA states that with the proposed attenuation and SuDs enhancement measures the development should result in a net benefit and reduction of flood risk to neighbouring/downstream properties. The Drainage Strategy includes recommendations including SuDs measures to incorporate treatment prior to discharging, regular inspection and maintenance and additional details for the surface water outfall which may dictate the finished floor level of the school building.

Dwr Cymru Welsh Water have confirmed there is sufficient capacity in the public sewerage network to accommodate the development. DCWW have raised no objections to the proposed development subject to the imposition of conditions securing details of the means of disposal of foul, surface and land water, which shall include the use of a grease trap to prevent grease entering the public sewerage system.

Powys County Council Land Drainage have been consulted as the Lead Local Flood Authority regarding the application. The comments in response have noted the FCA and have raised no objections subject to the imposition of conditions to secure full details and implementation of the flood risk/drainage measures prior to fist occupation and detailed design of the surface water drainage to include management and maintenance. In relation to pollution of the watercourse, NRW have recommended that details of how pollution of the watercourse is to be prevented should be provided for the construction and operation of the development. The submitted draft Pollution Prevention Plan is broadly acceptable in principal and a detailed final version can be secured through an appropriately worded planning condition.

In relation to possible contaminated land, the Ground Investigation Report has shown that the site was greenfield until 1976 when the school was developed and that no substantial sources of contamination have been identified. NRW has considered this report and have advised that given the presence of fuel storage tanks there is a risk of unsuspected contamination and the near proximity of sensitive environmental receptors a condition is recommended to require details of the treatment of such material.

It is therefore considered that the drainage provisions, flood risk and pollution control measures of the proposed development, subject to the imposition of conditions, are considered to comply with policy 56 of the LDP, and PPW.

Impacts on highway infrastructure Policy 59 of the LDP specifies that development will only be permitted where appropriate access can be achieved commensurate with the level of development proposed. The proposed development proposes a new access onto the public highway onto the

Page 262 Page 56 of 66 unclassified road with provision made for parking for staff and visitors, pick up and drop off for parents and a circular route to accommodate the school bus.

The Transport Statement (TS) accompanying the application describes the existing transport infrastructure that serves the school, current travel patterns and the transport implications of the proposed development. The TS shows that there will be a small increase in the school's capacity of 163 children up to 175. There are 12 teachers and support staff, 4 early years’ staff and 3 catering staff members.

The TS states that at present there is parking provision within the school for 5 cars and a further 8 cars within a small public car park adjacent to the school. Buses need to reverse into the one bus parking space adjacent to the school. There is also an informal arrangement in place for parents to use the community hall car park during school drop- off and pick-up times which accommodates 22 vehicles. A 20mph speed limit applies around the access to the school and beyond that the village has a 30mph speed limit. The traffic calming feature in the form of a build out narrows the road to a single lane whereby traffic entering the village need to give way to any traffic approaching from the opposite direction. Analysis of road safety data shows that there have been no injury accidents at all recorded within the village from 2005 to 2014 inclusive.

The TS includes a travel survey of pupil and staff travel patterns which shows that 43 (29 percent) of pupils travel by school bus, some 47 (27 percent) are driven alone to school, 58 (33 percent) are driven in the company of siblings or friends and 17 (11 percent) walk to school. One member of staff cycles to school, 11 drive alone and 5 walk to school. No pupils cycle to school. Walking is only viable for pupils and staff that live in the village of Llangors where there are footways alongside the majority of the village’s streets. There are no recognised cycle routes within the village. The data therefore reflects the rural catchment with the majority travelling by motorised transport.

The TS states that at present there is a significant shortfall in off street parking for parents resulting in significant parking on the street which causes congestion and hazardous conditions. There is also an informal arrangement with the neighbouring land owner whereby parents park in an adjacent field.

The Transport Statement has assumed that the proportions remain the same and that the parking should cater for 80 percent of the peak parking demand as a reasonable level. The TS shows that as the peak level would be in the order of 61 spaces, the combined proposed 59 space car park and adjacent 22 space community car park would accommodate this provision.

Representation questions the amount of parking, the location of the traffic calming feature and the adjacent agricultural accesses. However, Powys County Council Highways Officer has considered the proposed development and has raised no objection including the proposed shared use of the access to the school and the agricultural land adjacent. However, conditions are recommended in order to secure the following matters, surfacing of the access road, the storage of all construction materials and parking and

Page 263 Page 57 of 66 turning of construction vehicles within the site, the off-site highway works, and the on- site infrastructure works.

It is therefore considered that the proposed development would not lead to a detrimental impact on the existing highway infrastructure or on highway safety and complies with policy SP17 and policy 59 of the LDP subject to the imposition of conditions to secure the matters raised above and the provision of a travel plan.

Impacts on amenities of nearby residents. Para 3.1.7 states that the planning system does not exist to protect the private interests of one person against the activities of another. Proposals should be considered in terms of their effect on the amenity and existing use of land and buildings in the public interest, and it is therefore valid to consider the effect of a proposal on the amenity of neighbouring properties.

The application site lies on the edge of the settlement of Llangors and in close proximity to residential properties. The proposed construction phase and future use of the development therefore has the potential to have an effect on nearby residential amenity. However, no external lighting is proposed for the play areas and thus the use of these external areas would be restricted to daylight hours only.

A Construction/Environmental Management Plan and environmental noise survey report accompany the application. The first indicates the approach to manage environmental aspects of the development and the latter concludes that there would be no unacceptable noise impacts provided the associated plant of the school does not exceed the levels indicated by best practice.

Powys County Council Environmental Health Service have raised no objection to the proposed development subject to the inclusion of recommended conditions to secure the following matters:- o A construction method statement and environmental management plan in order to control noise and dust during the construction, demolition and landscaping phases. o Working, delivery times (including deliveries to and removal of plant, equipment, machinery and waste, including soil from the site) and all other works and ancillary operations audible at the site boundary to be restricted to the following hours:- 0800- 1800 Hours Monday to Friday, 0800-1300 Hours Saturday and at no time on Sunday and Bank Holidays. o Attenuation of plant noise.

In respect of nearby residential amenity, no concerns have been raised from neighbouring residents. The main school building is located over 100 distance to the nearest residential properties and the play area provision is located close to the siting of the existing play areas. The relocation of the site entrance brings the entrance closer to some residential properties but further away from others.

Overall, as no objections have been raised from the Environmental Health Officer of

Page 264 Page 58 of 66 Powys CBC, subject to the imposition of conditions, it is considered that the effects of the proposed development can be adequately controlled such that there would not be a significant detrimental effect on the amenity of nearby residents in terms of dust, air quality, noise and lighting. No provision is proposed for external lighting of the play areas within the proposed development and therefore light pollution is not a relevant issue at present. However, a condition is recommended to be imposed to require a scheme of external light should it be necessary, for the prior written approval of the local planning authority

It is therefore considered that the proposed development and use of the external areas would not have a significant detrimental effect on the amenity of nearby residents in terms of noise and disturbance, light pollution or loss of privacy and is acceptable in terms of residential amenity.

Other Matters

There are a number of representations that have been made that relate to the nature of the educational provision and the facilities that are to be provided, the shared use with the community centre and also questions the adequacy of the consultation exercise by the project developers. LLangors Community Council have also requested that a number of matters are secured as part of this application for the benefit of the community. These matters are outside the scope of the planning considerations of this application and are therefore not considered further.

Representation has also been made concerning the acceptability of the consultation exercise regarding the proposed development by the planning authority. The publicity concerning the planning application has followed planning regulations.

Overall Conclusions It is considered that, the new school development is supported in principle being an edge of settlement location which would retain and enhance the existing school facilities, replacing the existing school which is in a poor condition. The school development would not have a significant detrimental impact upon the main material considerations as set out above, apart from the tree loss which would be detrimental to the character and appearance of the immediate site, which has resulted in significant concerns raised by the National Park's Arboriculturist. It is considered that whilst this loss is disappointing, the need for this loss on highway grounds has been justified and a mitigation planting scheme has been submitted which should reduce such impacts in the long term.

On balance, it is considered that the new school development should be supported and is recommended for approval subject to the imposition of the recommended conditions set out below.

RECOMMENDATION: Permit

Conditions and/or Reasons:

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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. NP1v2 (Site Location Plan), NP2v2 Drwg No LLA PL A (05) 101 RevA, NP3v2 ( Drwg LLA PL A (05) 104 RevA), NP4v2 (Drwg LLA PL A (05) 105 RevA), NP5v2 (Drwg LLA PL A (05) 108 RevA), NP6v2 ( Drwg LLA PL A (05) 106 RevA), NP7v2 (Drwg LLA PL A (05) 102 RevA), NP8v1 (Drwg LLA PL A (05) 103) , NP9v2 (Drwg LLA PL A (05) 107 RevA ), NP16v1 (Vehicle Swept Path Analysis - Drwg CAM 00 00 GA C SK02) NP17v1 (Access Work - General Arrangement Drwg P001) unless otherwise agreed in writing by the Local Planning Authority 3 Prior to the commencement of the development hereby permitted, revised elevations and floor plans shall be submitted to and approved in writing by the Local Planning Authority, to show that the kitchen plant shall be removed from the kitchen roof and inserted internally. The development shall be carried out in accordance with the approved plans. 4 Working, delivery times (including deliveries to and removal of plant, equipment, machinery and waste, including soil from the site) and all other works and ancillary operations audible at the site boundary to be restricted to the following hours, unless otherwise agreed in writing with the Local Planning Authority 0800 to 1800 Hours Monday to Friday 0800-1300 Hours Saturday and at no time on Sunday and Bank Holidays 5 No development shall take place until full details or samples of materials to be used externally on walls, roofs and fencing have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details. 6 Prior to commencement of any works to or the removal of the veteran oak tree (T32), a full working method statement for bats shall be submitted to and approved in writing by the Local Planning Authority. The method statement shall incorporate the recommendations in Section 5 of the ecological report dated July 2016 - Revision 1 (dated 16th August 2016) and include the timing of works, ways of working, tools to be used, proposals for any pre-works inspections, and contingencies in case bats are found during works. The development shall be carried out in accordance with the approved details. 7 Prior to commencement of any works to or the removal of the veteran oak tree (T32), the Local Planning Authority shall be provided with a copy of the license for bats that has been issued by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations 2010 (as amended) authorising the specified development to go ahead or written confirmation from Natural Resources Wales that such a license is not required. 8 Prior to commencement of any demolition works to the existing school buildings, the Local Planning Authority shall be provided with a copy of the license for bats that has been issued by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations 2010 (as

Page 266 Page 60 of 66 amended) authorising the specified development to go ahead or written confirmation from Natural Resources Wales that such a license is not required. 9 Prior to commencement of development works, a Construction and Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP shall incorporate the recommendations in Section 5 of the ecological report dated July 2016 - Revision 1 (dated 16th August 2016) a detailed and final Pollution Prevention Plan based on the revised Version 1.0 document dated 22/09/2016. the means of the control of noise and dust during the construction, demolition and landscaping phases. The development shall be carried out in accordance with the approved details. 10 Any plant or equipment including any air conditioning, ventilation and extraction systems (plant) installed or operated in connection with the carrying out of the development herby permitted shall be so enclosed and/or attenuated that the noise generated by the operation of the plant shall not increase the background noise levels above that prevailing when the machinery is not operating. Measurements during the day time (0700 - 2300) expressed as LA90 (1hour), and/or during the night time (2300- 0700) expressed as LA90 (5 mins) at any adjoining noise sensitive locations or premises in separate occupation. Noise measurements for the purpose of this condition shall be pursuant to BS 4142 2014. 11 Prior to the commencement of the development, a detailed surface water drainage strategy shall be submitted to the Local Planning Authority for written approval and shall be implemented as approved. This strategy shall be based on and should include the recommendations in the Drainage Strategy report dated September 2016. 12 No external lighting shall be installed until an external lighting plan is submitted to and approved in writing by the Local Planning Authority. The scheme shall avoid conflict with wildlife corridors and bat mitigation/enhancement measures, and shall not extend to any flood lighting of the play area provision, which will require separate planning permission. The development shall be carried out in accordance with the approved details. 13 Prior to the first beneficial use of the development hereby permitted, a Landscaping and Ecological Enhancement and Management Plan shall be submitted to and approved in writing with the Local Planning Authority. The Plan shall include the following matters a. The details of the translocated hedge incorporating new specimen native oak trees along the western boundary of the site, supplementary hedgerow planting along the northern and southern boundaries, native woodland planting and specimen tree planting as shown on the Landscape Strategy Plan dated July 2016 Drwg No. 2450/01 attached to the landscape and visual impact assessment. b. Screen planting to the north of the service area adjacent to the kitchen area c. The use of native species d. The details of the planting specifications - the species, sizes and planting densities

Page 267 Page 61 of 66 e. Details of bat and bird boxes - specifications and locations f. A timetable for implementation and future management to ensure good establishment g. Provision for the long-term monitoring and management of the general landscaping and ecology of the site All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. The development shall be carried out in accordance with the approved details. 14 The developer will ensure that a suitably qualified archaeological contractor is present during the undertaking of selected ground works in the development area, so that an archaeological watching brief can be maintained. The archaeological watching brief will be carried out in accordance with a brief issued by the local planning authority and a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority, which must meet the standards laid down by the Chartered Institute for Archaeologists in their Standard and Guidance for an Archaeological Watching Brief. The Local Planning Authority must be informed at least 2 weeks prior to the commencement of the development of the name of the archaeological contractor appointed to undertake the Watching Brief. A copy of the Watching Brief report shall be submitted to the Local Planning Authority, the National Park Archaeologist and the local Welsh Archaeological Trust for inclusion in the Regional Historic Environment Record (HER). 15 The installation of the protective fencing is to be carried out prior to any works (demolition or construction) commencing on site, and shall be inspected and signed off by the BBNPA tree consultant prior to any demolition or construction works commencing. 16 The recommendations within the submitted Pollution Prevention Plan and Tree Plan received on 29 September 2016 for ground protection and construction within root protection areas shall be closely followed within the proposed development. Further details of CCTV and lighting services shall be added to these details in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority prior to works commencing. The works shall be carried out in accordance with the approved details. 17 Prior to the commencement of any works on the development site the access road as detailed on drawing number LLA 00 PL A (05) 101 shall be fully completed to the written approval of the local planning authority in accordance with the following specification; 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 minimum distance of 20 metres from the edge of the adjoining carriageway.

Page 268 Page 62 of 66 18 Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the storage of all construction materials and for the parking of all construction vehicles together with a vehicle turning area. The parking and turning area shall be constructed to a depth of 0.45 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. 19 The off- site highway works as detailed on drawing P4053-17 P001 shall be completed to a specification to be submitted to and agreed in writing by the local planning authority prior to occupation of the new school. Thereafter, the off- site highway works shall be retained in perpetuity. 20 Prior to the first use of the new school all on-site infrastructure including car parking spaces, access and circulation areas as detailed on drawing LLA 00 PL A (05) 101 shall be completed to a specification to be submitted and agreed in writing by the local planning. Thereafter, the on-site highway works shall be retained in perpetuity. 21 No development shall commence until details of a scheme for the disposal of foul and surface water has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include, the following matters - an assessment of the potential to dispose of surface and land water by sustainable means. - the details of the surface water outfall to the Nant Cwy - that foul drainage is connected to the public sewerage system. - a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the surface water drainage system throughout its lifetime. The scheme shall be implemented in accordance with the approved details prior to the first beneficial use of the development hereby approved and no further foul water, surface water and land drainage shall be allowed to connect directly or indirectly with the public sewerage system. 22 The use hereby approved shall not commence until an adequate grease trap has been fitted in accordance with details that have been submitted to and approved in writing by the Local Planning Authority. Thereafter the grease trap shall be maintained in perpetuity so as to prevent grease entering the public sewerage system. 23 No development shall commence until full engineering details/drawings to reflect the recommendations outlined within Cambria Consulting Limited FCA and Drainage Strategy report dated September 2016, have been submitted and approved in writing by the Local Planning Authority. These flood risk/drainage measures shall be functional prior to first occupation of the development. 24 The finished floor level of the new school building and the proposed levels of the site shall be submitted to and approved in writing by the Local Planning Authority, prior to any development commencing. 25 If, during development, contamination not previously identified is found to be

Page 269 Page 63 of 66 present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority detailing how this unsuspected contamination shall be dealt with. The development shall be implemented in accordance with the approved details.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of development. 3 In the interests of the character and appearance of the area. 4 To safeguard the amenity of local residents. 5 To safeguard the character and appearance of the area. 6 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 7 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006 8 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. 9 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. Also, in the interests of residential and amenity. 10 In the interests of residential amenity. 11 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. Also, in the interests of environmental amenity and the water environment. 12 To secure appropriate form of lighting in the interests of visual amenity, residential amenity and biodiversity. 13 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice

Page 270 Page 64 of 66 Note 5 and Policies SP3, 3, 4, 6 and 7 of the adopted Local Development Plan for the BBNP and to comply with the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural Communities Act 2006. Also, in the interests of residential and amenity. 14 To ensure that any remains of archaeological significance disturbed in the course of the work are excavated, recorded and reported 15 To ensure a satisfactory form of development that enhances the quality of the environment. 16 To ensure a satisfactory form of development that enhances the quality of the environment. 17 To ensure the safety and free flow of traffic using the adjoining county classified road. 18 To ensure the safety and free flow of traffic using the adjoining county classified road. 19 To ensure the safety and free flow of traffic using the adjoining county classified road. 20 To ensure the safety and free flow of traffic using the adjoining county classified road. 21 To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment 22 To ensure no pollution of or detriment to the water environment. 23 To ensure that the proposed development does not compromise the function of the existing waterbody and that any proposed flood risk/drainage measures are fully compliant with regulations and are of robust design. 24 To safeguard the character and appearance of the area. 25 Given the size and/or complexity of the site it is considered possible that there may be unidentified areas of contamination at the site that could pose a risk to controlled waters if they are not remediated.

Informative Notes:

1 Work should halt immediately and Natural Resources Wales (NRW) contacted for advice in the event that protected species are discovered during the course of the development. To proceed without seeking the advice of NRW may result in an offence under the Conservation of Habitats and Species Regulations 2010 and/or the Wildlife & Countryside Act 1981 (as amended) being committed. NRW can be contacted at: NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000 2 The development is identified as being potentially affected by land contamination due to its former agricultural use. Therefore, should any mage ground and/or contamination be identified during the development it would be practical to investigate and assess any potential risks, and to inform Powys County Council's Contaminated Land Officers immediately. 3 DCWW Advisory Notes

Page 271 Page 65 of 66 Advisory Notes The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. The proposed development is crossed by a trunk/distribution watermain, the approximate position being shown on the attached plan. Dwr Cymru Welsh Water as Statutory Undertaker has statutory powers to access our apparatus at all times. I enclose our Conditions for Development near Watermain(s). It may be possible for this watermain to be diverted under Section 185 of the Water Industry Act 1991, the cost of which will be re-charged to the developer. The developer must consult Dwr Cymru Welsh Water before any development commences on site. 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] Please quote our reference number in all communications and correspondence.

Page 272 Page 66 of 66 ENC7Item 1

PLANNING, ACCESS AND RIGHTS OF WAY COMMITTEE Development Control Related Matter for Noting

APPLICATION NUMBER: 16/13647/REM (pursuant to 13/09217/OUT) APPLICANTS NAME(S): Mr. Chris Morgan, Cwm Planning and Design Ltd (Agent) SITE ADDRESS: Land Adjoining Erw Lon, Cwmgarw Road, Rhosamon SA18 1DP

COMMUNITY: Quarter Bach DATE VALIDATED: 15 June 2016

CASE OFFICER: Matt Scanlon (REM); Helen Rice (OUT)

PROPOSAL “Reserved Matters application for one residential dwelling (pursuant to Outline 13/09217/OUT re appearance of new dwelling, scale, landscaping and boundary treatments” ADDRESS (Approval of Reserved Matters) at Land Adjoining Erw Lon, Cwmgarw Road, Rhosaman, SA18 1DP

Purpose of report

The purpose of this report is to provide information on the background and history of the above application for the approval of reserved matters. The report provides details of both the outline planning application, submitted in 2013 (approved in 2014), and the reserved matters application which was approved on the 10th August 2016 under officer delegated powers.

Outline Application

An outline application at the above site (13/09217/OUT) was submitted to the Authority for one residential dwelling and a detached garage, to include matters related to access, on the 5 April 2013. The outline application was approved on 29 April 2014 subject to a number of conditions, as follows:

1 The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last reserved matters to be approved, whichever is the later.

Page 273 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v1, NP2v1) except where otherwise stipulated by conditions attached to this permission and unless otherwise agreed in writing by the Local Planning Authority.

3 Notwithstanding the details of the Design and Access statement, approval of the details of the layout, scale and appearance of the building[s] and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

4 Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

5 The dwellings hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 6 credits 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.

6 Construction of the dwellings 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 6 credits under Ene1 - Dwelling Emission Rate has been achieved for that individual dwelling or house type in accordance with the requirements of the Code for Sustainable Homes: Technical Guide 2010.

7 Prior to the occupation of the dwellings 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 4 and a minimum of 6 credits under Ene1 - Dwelling Emission Rate has been achieved for that dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide 2010.

8 The windows and doors of the development hereby permitted shall be constructed from timber.

9 Foul water and surface water discharges shall be drained separately from the site.

10 No surface water or land drainage run-off shall be allowed to connect, either directly or indirectly, to the public sewerage system or connected into the existing highway surface water drains or onto the public highway unless otherwise approved in writing by the Local Planning Authority.

11 No part of the dwelling hereby approved shall be sited within 3 metres either side of the centreline of the water main that crosses the site.

12 The new vehicular access shall be laid out and constructed strictly in accordance with Typical Layout No. 1 (specification for which is attached to this planning permission), prior to the commencement of any other work or development. Thereafter it shall be retained, unobstructed, in this form in perpetuity.

13 Any access gates shall be set back a minimum distance of 5.0 metres from the highway boundary, and shall open inwards into the site only.

Page 274 14 The gradient of the vehicular access serving the development shall not exceed 1 in 20 for the first 5 metres from the edge of the carriageway.

15 Prior to any use of the access by vehicular traffic a visibility splay of 2.4 metres by 43 metres shall be formed and thereafter retained in perpetuity, either side of the centre line of the access road in relation to nearer edge of carriageway

16 There shall at no time be any growth or obstruction to visibility over 0.9 metres above the adjacent carriageway crown, over the site's whole A4068 Road frontage within 2.4 metres of the near edge of the highway.

17 Prior to the commencement of development the written approval of the Local Planning Authority shall be obtained for a scheme of parking and turning facilities within the curtilage of the site, and this shall be dedicated to serve the proposal. The approved scheme is to be fully implemented prior to any part of the development being brought into use, and thereafter shall be retained unobstructed, in perpetuity. In particular no part of the parking or turning facilities is to be obstructed by non-motorised vehicles.

18 The private drive shall be hard surfaced for a minimum distance of 5.0metres behind the nearside edge of the carriageway, in material which shall be subject to the prior written approval of the Local Planning Authority. The hard surfacing shall be fully carried out prior to any part of the development hereby approved being brought into use.

The application was considered to be consistent with Policies from the Local Plan and UDP, which were the adopted NPA land use policy documents at the time.

Neighbouring properties and the Community Council were consulted and a site notice was posted. No response was received from:

 Residents of the neighbouring property Erw Lon;  Glanaman Pedol Twrch Graziers (Waugron, Cefnbrynbrain, Cwmllynfell, Carmarthenshire, SA9 2WN);  Quarter Bach Community Council.

Carmarthenshire Highways Department did not object to the application subject to the imposition of conditions (as identified in the conditions above) and the applicant entering into a Section 106 legal agreement to contributions of £6,500 to cover all the Highway Authority's costs of extending the 30 mph speed limit, from 40mph to 30mph, fronting the site and to provision of a Vehicle Actuated Sign (VAS) to support this measure.

Dwr Cymru did not object to the application subject to conditions relating to the disposal of foul and surface water from the site (as identified in the conditions above).

The outline application was therefore considered to be acceptable and it was approved in 2014.

Approval of the outline application effectively established that the principle of the development of a single dwelling on the site was acceptable. The plans submitted as part of the outline application established parameters which defined the maximum size for any dwelling on the site as part of a reserved matter application.

Page 275 Application for the approval of ‘Reserved Matters’

Having established the principle of development through the outline application, an application for the approval of ‘reserved matters’ (16/13647/REM) was validated by the Authority on the 15 June 2016. The reserved matters application related to the scale, design, materials, landscaping and boundary treatment of the dwelling. The reserved matters application was approved on 10 August 2016 subject to the following conditions:

1 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP1v1 (Location Plan), NP2v2 (002), NP3v1 (003), NP4v1 (004), NP5v1 005), NP6v1 (006), NP7v1 (007), NP8v2 (008 Rev B)), unless otherwise agreed in writing by the Local Planning Authority. 2 No development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. 3 The landscaping on site shall be undertaken in accordance with approved plan NP8v2 (008 Rev B). 4 All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5 year defects period. 5 No development approved by this permission shall be commenced until a drainage scheme has been submitted to and approved in writing by the Local Planning Authority. Such scheme shall be implemented before the first use of the development hereby approved. 6 Prior to the occupation of the dwelling, and at all times thereafter, the window to the en- suite bathroom on the first floor of the eastern elevation on the approved plans shall be glazed with obscure glass only.

A site notice was posted and neighbouring properties were informed of the application. The Community Council were also consulted as part of the application. A number of responses were received, including:  Quarter Bach Community Council – objected  Erw Lon (Neighbouring property) – objected  Cartref (Neighbouring property) – objected  Glanaman Pedol Twrch Graziers – no response received

Various other responses were received including Carmarthenshire Highways Department, who did not object to the application subject to the imposition of conditions as identified above.

The parameters set by the plans of the reserved matters application were consistent with those identified in the outline application and the application was considered to be satisfactory in all other respects. The reserved matters application was approved on the 10 August 2016.

Other matters

National planning guidance issued by the Welsh Government sets out the level of publicity required for planning applications, namely that the local planning authority should put up a site notice or

Page 276 carry out neighbour notification. The NPA chooses to do both. This means that should a neighbour not receive notification for whatever reason, then the site notice will make them aware of the application and how they can comment on it. Furthermore, all Community Council’s in the National Park are consulted on applications and receive a weekly list of all planning applications submitted to the Authority.

The Clerk to the Community Council requested a Member site meeting as part of the reserved matters application. It was explained that the application was being determined under the Authority’s scheme of delegation and not by planning committee, therefore a site meeting was not required.

CONCLUSION

Members are asked to note the above report.

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APPLICATIONS DELEGATED TO THE NATIONAL PARK OFFICERS

App No. Grid Ref. Applicant, proposal, type, address Decision Date Issued Decision Type

14/11036/FUL N: 218524 Mr Ian Pickford for Change of use of Permit 12 October Delegated E: 321991 studio used as a sewing room and subject to 2016 Decision drawing office, with double garage Section ancillary to the residential use of number 106 28 Upper House Farm to a separate Agreement residential dwelling. (Full Application) at The Studio, Upper House Farm, Crickhowell Powys NP8 1BZ

16/13153/FUL N: 222018 Mr & Mrs Peter Harrison for Proposed Permit 29 September Delegated E: 314943 change of use of former craft workshop subject to 2016 Decision to annex accommodation (Full Section Application) at The Star Bunkhouse , 106 Bwlch, Brecon LD3 7RQ Agreement

16/13192/FUL N: 235730 Mr & Mrs Tomlinson for Proposed Permit 29 September Delegated E: 318723 amendments to household extension 2016 Decision and barn conversion as approved under applications P20980 and 10/05313/FUL - part retrospective (Full Application) at Pantygollen , Felindre, Brecon Powys LD3 0TB

16/13281/LBC N: 221377 Mr Martin Fleming for Proposed Permit 19 October Delegated E: 313078 installation of lift, construction of stud 2016 Decision partition walls and creation of internal doorway on second floor (Listed Building Consent) at Buckland Hall , Llansanffraed, Brecon LD3 7JJ

16/13362/LBC N: 228707 JD Wetherspoon PLC for Proposed Permit 4 October Delegated E: 304495 internal alterations, new single storey 2016 Decision extension to rear with summer opening doors, new M&E equipment and kitchen extract. Repair of windows, doors and external render (FULL planning application 16/13361/FUL also submitted). (Listed Building Consent) at George Hotel , George Street, Brecon Powys LD3 7LD

16/13479/LBC N: 230584 Mr & Mrs G Jones for Refurbishment Permit 29 September Delegated E: 314929 and adaptation of adjoining barns to 2016 Decision provide residential extension (Listed Building Consent) at Rhiwlas Wholehouse Farm , Pengenffordd, Talgarth LD3 0HA

16/13492/LBC N: 217510 Rhiannon Davies for Alterations to the Permit 4 October Delegated E: 308049 external and internal appearance of 2016 Decision

Page 279 approved scheme P17291 (Listed Building Consent) at Abercynafon Farm, Talybont-On-Usk, Brecon Powys LD3 7YT

16/13531/LBC N: 233799 Mr Neil Poulton for Refurbishment of Permit 12 October Delegated E: 315742 tomb (Listed Building Consent) at 2016 Decision Tomb Of Howell Harris, Churchyard Of St Gwendoline, Church Street Talgarth

16/13542/DISC N: 228364 Ms Lucy Bevan for Discharge Condition Permit 20 September Delegated ON E: 304448 5 pursuant to Planning Permission 2016 Decision 14/11208/FUL (Full Application) and 14/11209/LBC (Listed Building Consent): "Demolition of the former County Hall building and Grade II* listed former Police Station and the erection of a two storey Cultural Hub building with glass atrium linked to the existing Grade II* listed Brecknock Museum to accommodate a library, community and education space, administration, museum store, cafe and museum/library retail facilities and the refurbishment, re- arrangement of the existing car park, relocation of the existing Grade II listed pillar box and the restoration and reinstatement of the Grade II and II* listed railings." (Approval of details reserved by condition) at Amgueddfa Brycheiniog , Captains Walk, Brecon LD3 7DS

16/13595/FUL N: 218015 Mr & Mrs Sweeney for Retrospective Permit 20 September Delegated E: 312073 application for the refurbishment of the 2016 Decision existing barn and tractor shed/stable and construction of new Implement Shed (Full Application) at Llwyn Y Rheos , Llangynidr, Crickhowell NP8 1NU

16/13626/FUL N: 228528 Father Steven Griffith for The proposed Permit 29 September Delegated E: 304521 project is for the urgent high level repair 2016 Decision works to the nave roof and the south aisle roof. These repair works include structural repairs to the medieval timbers, repair works to the valley gutter and general re-roofing works. The project also involves; replacement of both existing ramps at the north and south doors with new ramps that are less steep and compliant with Part M Building Regulations, new notice boards, entrance door upgrades incorporating automatic openers, traffic calming bollards and road markings to the south

Page 280 entrance, a new bin store and improvements to the cafe kitchen and wcs including ventilation upgrades. (Full Application) at St Mary's Church , St Marys Street, Brecon LD3 7AA

16/13632/LBC N: 229012 Mrs Susan Ballance for The existing Permit 29 September Delegated E: 296487 Lantern Light above the central passage 2016 Decision is to be replaced and adjoining flat roof to be lowered and recovered using lead. Fenestration to be repaired, overhauled and redecorated as necessary. Defective render to be replaced (between first floor and barges) on the North Elevation. Cementitious render to be removed and replaced with a suitable lime based render on rear elevation. Provide new plinth to base of render. Repairs to be carried to the Existing Larder extension constructed of timber frame and infill panels on the Northern gable. Repairs to existing cracked window sills. (Listed Building Consent) at Abercamlais House , Brecon, LD3 8EY

16/13635/FUL N: 211742 Mr Owain George for Replacement Permit 29 September Delegated E: 306079 electricity Supply Building and 2016 Decision Construction of Retaining wall (Original Building Damaged by Landslide) (Full Application) at Pontsticill Water Treatment Works, Merthyr Tydfil,

16/13636/LBC N: 228745 Mr & Mrs Hogg for Minor works to Permit 29 September Delegated E: 297149 Grade 1 Listed Building including 2016 Decision instillation of wireless fire alarm, upgrading doors to become fire doors, alterations to entrance hall and stairs to rear courtyard wing, and new bathrooms (Listed Building Consent) at Penpont House , Penpont, Brecon LD3 8EU

16/13638/LBC N: 222866 Mr Adam Parry for Proposal is to build a Permit 28 September Delegated E: 323433 small wall together with a stone invert 2016 Decision to collect the cascading water and direct away from the foundations into the adjacent river. Construction to include using lime mortar colour matched to existing and to strength NHL 3.5 and local stone work. (Listed Building Consent) at Cwmbanw Bridge, Llanbedr, NP8 1SY

16/13650/FUL N: 220585 Mr Stephen Williams for High head Permit 26 October Delegated

Page 281 E: 312456 micro hydro scheme, with turgo turbine 2016 Decision runner in turbine house. System consisting of intake weir and separate forebay tank, pipe line, turbine house and export cable. (Full Application) at Lower Wenallt , Llandetty, Brecon LD3 7YR

16/13698/FUL N: 242402 Mrs Gillian Haver for Change of use of Permit 28 September Delegated E: 322931 basement unit from A1 to B1 (Full 2016 Decision Application) at Unit 3 The Basement, The Pavement, Hay-On-Wye Hereford Powys HR3 5BU

16/13704/LBC N: 228570 Mrs Penelope Weston for A single Permit 28 September Delegated E: 304205 storey extension to the original house, 2016 Decision by providing a ground floor WC, an additional window to the rear of the kitchen, and appropriate insulation to the walls and ceilings (Listed Building Consent) at 9 Bridge Street, Llanfaes, Brecon Powys LD3 8AH

16/13708/FUL N: 229421 Mr Martin Davies for Change of use and Refuse 27 October Delegated E: 303111 conversion of existing barn to holiday let 2016 Decision including erection of a single storey extension. (Full Application) at Barn off Cradoc Road , Powys, Brecon LD3 9LH Reason/s for refusal:- The proposed development, by virtue of the scale of the extension and materials proposed, detracts from the simple traditional agricultural form and appearance of the original barn structure. As such, the proposal is contrary to the provision of Policy 1 of the Brecon Beacons National Park Authority Local Development Plan and Technical Advice Note 23. The proposed access to the development does not provide sufficient visibility splays to ensure highway safety. As such, the development is contrary to the requirements of Policies 1 and 59 of the Brecon Beacons National Park Authority Local Development Plan, which requires all development in the National Park to be appropriate to the surroundings and secure an appropriate access. The proposals fails to demonstrate that the development does not have an unacceptable impact on, nor detract from, or prevent the enjoyment of ecology and biodiversity assets both within and beyond the application site, in accordance with Policies SP3 and 6 of the Brecon Beacons National Park Authority Local Development Plan. Inadequate information has been submitted to justify that the application submitted represents a conversion of the existing barn, without major or complete reconstruction. As such the proposal fails to meet the criteria of Technical Advice Note 23.

16/13720/LBC N: 222768 National Trust for Re-roofing of front of Permit 3 October Delegated E: 297778 farmhouse and external redecoration 2016 Decision (Listed Building Consent) at Blaenglyn Farm, Libanus, Brecon Powys LD3 8NF

16/13721/FUL N: 242327 Mrs Dolan Leighton for Single storey Permit 7 October Delegated E: 323171 extension to No 27 and changes to the 2016 Decision internal layouts of No 27 and the Old Black Lion, including alteration to internal boundary between properties (Listed Building Consent 16/13810/LBC

Page 282 also submitted). (Full Application) at 27 Lion Street, Hay-On-Wye, Hereford HR3 5AD

16/13735/FUL N: 223311 Mr Charles Weston for Three proposed Refuse 5 October Delegated E: 311663 units of holiday accommodation and 2016 Decision installation of sewage treatment plant (Full Application) at Land At Gilestone Farm , Talybont-On-Usk, Brecon LD3 7JE Reason/s for refusal:- The proposed development is by virtue of its location, design, appearance and layout would not be integrated into the landscape and is considered to be detrimental to the existing quality of the rural landscape character and appearance of the area and therefore contrary to the provisions of Policy 1 and Policy CYD LP1 of the Brecon Beacons National Park Local Development Plan.

16/13737/CON N: 221273 Mrs Lucinda East for Variation of Permit 17 October Delegated E: 318705 conditions 4 and 5 to provide vehicular 2016 Decision access to the proposed development without passing through or disturbing St John's Close, Tretower (Outline Consent 13/09596/OUT) (Variation/Renewal of Conditions) at Land Adjoining St John's Close, Tretower, Crickhowell Powys

16/13753/FUL N: 220589 YHA (England and Wales) LTD. for Withdraw 23 September Delegated E: 310764 Change of use of land to that associated 2016 Decision with youth hostel and installation of three timber cabins with ancillary works to provide youth hostel accommodation (Full Application) at Dan Y Wenallt, Tal- y-bont Ar Wysg, Brecon Powys LD3 7YS

16/13765/SO N: 222063 Mr Robert Glyn Davies - Senior Environme 7 October Delegated E: 287436 Environmental Consultant for To ntal 2016 Decision decommission Portis water treatment Statement works, construct a new service Required reservoir at Pant y Cadno, install a new pipeline between Pant y Cadno service reservoir and Crai water treatment works and construct a new pumping station at Crai water treatment works (Screening Opinion) at Pant Y Cadno Service Reservoir To Crai Water Treatment Works.

16/13768/CON N: 218858 Dr Robert Sunderland for Amendment Permit 22 September Delegated E: 322213 of Condition 2 relating to design 2016 Decision pursuant to Planning Permisssion 14/10477/FUL (Variation/Renewal of Conditions) at Kenmaur, 9 Great Oak Road, Crickhowell Powys NP8 1SW

Page 283 16/13773/LBC N: 229012 Mrs Susan Ballance for Overhaul Permit 29 September Delegated E: 296487 fenestration, areas to be rendered, 2016 Decision Works to sloping and flat roofs over mansard, Works to dormers, Works to chimneys, Replace rainwater goods and Restore decorative detailing (Listed Building Consent) at Abercamlais House, Abercamlais, Brecon LD3 8EY

16/13778/FUL N: 219874 Mr And Mrs R J Mulholland for Two Permit 30 September Delegated E: 314489 storey extension on end elevation to 2016 Decision provide a utility room at ground floor level and an ensuite bathroom at first floor level. (Full Application) at Cwm Crawnon Cottage, Llangynidr, Crickhowell Powys NP8 1ND

16/13783/FUL N: 213334 Mr Ross Williams for Proposed single Permit 19 September Delegated E: 323194 storey extension (Full Application) at 2016 Decision Roseville , Brunant Road, Clydach NP7 0NG

16/13803/FUL N: 222622 Trustees of Cwmyoy Memorial Hall for Permit 5 October Delegated E: 330114 Off-street parking with improved 2016 Decision highway access and disabled access for community hall. (Full Application) at Cwmyoy Memorial Hall , Cwmyoy, Abergavenny NP7 7NF

16/13805/FUL N: 233995 Mrs Deborah Preen for Rear and roof Refuse 19 September Delegated E: 315519 space extension and internal alterations 2016 Decision to dwelling (Full Application) at Fair View , Hay Road, Talgarth LD3 0AL Reason/s for refusal:- Insufficient information has been submitted to prove that the proposal would not have a detrimental impact on European Protected Species and their habitats. As such the proposal is contrary to policies SP3, 6 and 7 of the Brecon Beacons National Park Local Development Plan (2013) and Section 5.5 of Planning Policy Wales (2016).

16/13806/FUL N: 228481 S A Brain and Company Ltd. for Permit 21 September Delegated E: 304541 External alterations to western elevation 2016 Decision including infilling ground floor door and installing new window in loft lunette and internal alterations including replacement of existing rear stairs by platform lift, reconfiguration of internal walls and room layouts including formation of 3no. bedrooms at ground floor and improved accessibility. (Full Application) at The Wellington Hotel , Bulwark, Brecon LD3 7AD

16/13807/LBC N: 228481 S A Brain and Company Ltd. for Permit 18 October Delegated E: 304541 external alterations to western elevation 2016 Decision including infilling ground floor door and installing new window in loft lunette and

Page 284 internal alterations including replacement of existing rear stairs by platform lift, reconfiguration of internal walls and room layouts including formation of 3no. bedrooms at ground floor and improved accessibility. (Listed Building Consent) at The Wellington Hotel, Bulwark, Brecon LD3 7AD

16/13809/FUL N: 234218 Mrs R Illstone for Proposed change of Withdraw 26 September Delegated E: 317859 use of land from agricultural to 2016 Decision residential, and siting of a Shepard's Hut (Full Application) at Cefn Barn , Llanelieu, Talgarth LD3 0EB

16/13810/LBC N: 242371 Mrs Dolan Leighton for Single storey Permit 7 October Delegated E: 323157 extension to No 27 and changes to the 2016 Decision internal layouts of No 27 and the Old Black Lion, including alteration to internal boundary between properties (Full Planning Permission 16/13721/FUL also submitted). (Listed Building Consent) at 27 Lion Street, Hay-On- Wye, Hereford HR3 5AD

16/13813/DISC N: 231401 Dr Havard Prosser for Discharge Split 13 October Delegated ON E: 316902 Conditions 5, 6, 7 and 11 pursuant to Decision 2016 Decision Planning Permission 14/11612/FUL (5, 6 Discharge and 11 Conditions discharged, 7 still Conditions outstanding) (Approval of details reserved by condition) at Pentwyn , Talgarth, LD3 0EH Reason/s:- With regard to Planning Condition 7 of your approval notice, the details submitted on the 26th July 2016 do not meet with the requirements of the condition. Further information is required to be submitted to the National Park Authority.

16/13815/FUL N: 242514 Mr Andrew Cleal for Demolition of Permit 19 September Delegated E: 323079 single storey glazed timber conservatory 2016 Decision at rear of property. Construction of 2 Storey Extension to rear of property and replace existing PVC windows to front elevation with Hardwood windows and frame. (Full Application) at 11 Heol Y Dwr, Hay-On-Wye, Hereford Powys HR3 5AZ

16/13839/DISC N: 231236 Dr Havard Prosser for Discharge Split 13 October Delegated ON E: 316844 Conditions 6, 7, 8, 9, 10, 11 and 15 Decision 2016 Decision pursuant to Listed Building Consent Discharge 14/11613/LBC (6, 7, 8, 9, 10 and 15 Conditions conditions discharged, 11 still outstanding) (Approval of details reserved by condition) at Pentwyn, Talgarth, Brecon Powys LD3 0EH

Page 285 Reason/s:- With regard to Planning Condition 11 of your approval notice, the details submitted on the 26th July 2016 do not meet with the requirements of the condition. Further information is required to be submitted to the NPA.

16/13834/FUL N: 216679 Mr & Mrs P Walker for Proposed Permit 23 September Delegated E: 284936 removal of chimneys and replacement of 2016 Decision catslide dormer roof with pitched roof, plus insertion of rooflights (Full Application) at Tir Callwen , Heol Callwen, Penycae Swansea SA9 1GP

16/13835/FUL N: 213692 Mr And Mrs J Miles for Proposed Permit 26 September Delegated E: 326767 Double garage and alterations to 2016 Decision dwelling (Full Application) at 17 Derwen Deg Close, Govilon, Monmouthshire NP7 9RJ

16/13841/TPO N: 213847 Mr Jeffrey Thomas for Ash Trees Permit 28 September Delegated E: 326974 1777/1778/1781 and pear tree 1794. 2016 Decision Reduce by 25%, prune and remove dead wood. Apple Trees 1795/1796, prune and remove dead wood. Apple Tree 1798 remove- Dead (Tree Preservation Order) at The Orchard, Elms Road, Govilon Abergavenny Monmouthshire NP7 9PH

16/13851/FUL N: 233188 Mr Barry Alston for Extension of Withdraw 20 September Delegated E: 314933 residential curtilage to accommodate a 2016 Decision domestic storage shed and the construction of an access track from the existing gate accessed to area of proposed hardstanding. (Full Application) at Rhoan, Trefecca, Talgarth Brecon Powys LD3 0PN

16/13846/CPE N: 219278 Ms Estelle Morgan for Material change Refuse 11 October Delegated E: 333935 of use of a building to a single 2016 Decision dwellinghouse C3. (Certificate Existing Lawful Use/Dev) at Pen Y Mynydd Barn, Pen Y Parc Farm, Llanvihangel Crucorney NP7 8EN

Reason/s for refusal:- here is insufficient evidence to demonstrate that the building under consideration has been used as a dwelling continuously and without interruption for the relevant four year period as set out in Section 171B(2) of the Town and Country Planning Act 1990 (as amended) and the Authority holds evidence which calls into question the applicant's version of events. Notwithstanding reason 1 above, it is considered that the four year period as set out in section 171B(2) of the Town and Country Planning Act 1990 (as amended) has not been demonstrated because of the positive deception on the part of the applicant in matters integral to the planning process with the direct intention to undermine that process and in accordance with the judgment in Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government [2011] in reference to the Connor Principle, the applicant should not benefit from her actions.

Page 286 It is the view of the Authority that planning permission 06/00400/FUL for the conversion of existing barn to provide holiday apartments has been lawfully implemented and therefore it is not the four year period for a material change of use to a dwelling that is required to be demonstrated, but ten years as set out in section 171B(3) ) of the Town and Country Planning Act (1990) (as amended) for occupation of the holiday lets in breach of conditions and there is insufficient evidence that the holiday lets have been occupied in breach of conditions for ten years prior to the application date.

16/13849/DISC N: 228419 Powys County Council for Discharge of Permit 21 October Delegated ON E: 304574 conditions 6 and 11 pursuant to planning 2016 Decision permission 14/11208/FUL (Approval of details reserved bycondition) at Amgueddfa Brycheiniog , Captains Walk, Brecon LD3 7DS

16/13852/FUL N: 220479 Mr David Tulett for Conversion of Permit 5 October Delegated E: 327300 outbuildings into studio and garage (Full 2016 Decision Application) at Trewyscoed House , Pontnewydd Road, Fforest Coalpit NP7 7LW

16/13853/TEL N: 222777 EE Ltd for The removal of 3 no. 1.8m TEL 3 October Delegated E: 275464 tall antennae and replacement with 3 no. Permitted 2016 Decision 1.3m tall antennae. The installation of 1 Developm no. 2.3m3 equipment cabinet and the ent erection of timber gates on the compound. The height of the pole will remain at 10m tall (overall height). (Telecommunications Applications) at Telecommunication Base Station, Price Farm, Ty Brych Llanddeusant Llandeilo Carmarthenshire

16/13854/FUL N: 228116 Mr Leslie M. Keating for Rear extension Permit 4 October Delegated E: 301071 to the existing property at 14 Meadow 2016 Decision Side to increase size of master bedroom. Additionally, internal alterations to kitchen/dining/utility and main bathroom renovation. (Full Application) at 14 Meadow Side, Llanspyddid, Brecon

16/13856/DISC N: 218454 P&P Building Ltd for Discharge Permit 20 September Delegated ON E: 322013 Condition 19 pursuant to Planning 2016 Decision Permission 15/12397/FUL (Approval of details reserved by condition) at Upper House Farm, Crickhowell, NP8 1BX

16/13857/DISC N: 218454 P&P Building Ltd for Discharge Refuse 4 October Delegated ON E: 322013 Condition 13 pursuant to Planning 2016 Decision Permission 15/12397/FUL (Approval of details reserved by condition) at Upper House Farm, Crickhowell, NP8 1BX Reason/s:- Please be advised that condition 13 of planning permission 15/12397/FUL is a 'pre-commencement' planning condition. Consequently, if you commence development without first discharging this condition, you will be in breach of your planning permission.

Page 287 16/13858/DISC N: 218454 P&P Builders Ltd for Discharge of Split 4 October Delegated ON E: 322013 Conditions 14,16 and 17 pursuant to Decision 2016 Decision Planning Permission 15/12397/FUL for Discharge development of 22 no affordable Conditions dwellings ( (Approval of details reserved by condition) at Upper House Farm, Crickhowell, NP8 1BX Reason/s:- Please be advised that condition 14 of planning permission 15/12397/FUL is a 'pre-commencement' planning condition. Consequently, if you commence development without first discharging this condition, you will be in breach of your planning permission.

16/13871/DISC N: 219325 Mr Stephen Prendergast for Discharge Permit 26 September Delegated ON E: 265907 Condition 5 pursuant to Planning 2016 Decision Permission 15/12843/FUL (Approval of details reserved by condition) at Teifi Cottage, C2137 From, Trapp Llandeilo Carmarthenshire SA19 6TY

16/13862/FUL N: 224679 Mr Stuart Parton for Replacement Permit 30 September Delegated E: 299572 agricultural building (Full Application) at 2016 Decision Llwyncelyn Fawr, Libanus, Brecon Powys LD3 8NE

16/13864/FUL N: 214455 Mr Mike Salmon for Works within the Permit 17 October Delegated E: 305377 garden curtilage to provide useable 2016 Decision space for garden uses: surfacing, ponds, low walls, levelling to create lawn area, sheds, greenhouse, vegetable garden, property entry gate. (Full Application) at Cwm Car , Dol-Y-Gaer, Pontsticill Merthyr Tydfil CF48 2UR

16/13865/FUL N: 210983 Mr & Mrs Lyndon and Helen Reardon Permit 10 October Delegated E: 305603 for Single storey extension to rear and 2016 Decision side to provide Garden Room and raised Patio (Full Application) at 8 Penygarn, Pontsticill, Merthyr Tydfil Merthyr Tydfil Ua CF48 2TY

16/13870/FUL N: 225672 Ms Gillian Jones for Construction of a Permit 24 October Delegated E: 305125 single storey side extension. (Full 2016 Decision Application) at The Forge, Cantref, Brecon LD3 8LR

16/13875/FUL N: 233518 Mrs Helen Roome for A rear single Permit 12 October Delegated E: 315488 storey extension at first floor level (Full 2016 Decision Application) at Ivydene , Talgarth, Brecon LD3 0DD

16/13877/FUL N: 217064 Mr & Mrs S and M Young for Proposed Permit 12 October Delegated E: 324124 menage on land at Llangenny stables. 2016 Decision (Full Application) at Llangenny Stables, Glangrwyney, Crickhowell NP8 1ET

Page 288 16/13878/FUL N: 219460 Mr J Griffiths for Extensions and loft Permit 30 September Delegated E: 315592 conversion - resubmission (Full 2016 Decision Application) at 5 Groesffordd, Llangynidr, Powys NP8 1NW

16/13889/FUL N: 225451 Mr Robert Jenkins for Removal of Withdraw 28 October Delegated E: 305768 existing wood store and the 2016 Decision construction of shower block (Full Application) at Cantref House, Cantref, Brecon Powys LD3 8LR

16/13879/LBC N: 242256 Mr J A O Davies for Repairs to joinery, Permit 11 October Delegated E: 323019 including purpose-made replacement of 2016 Decision C20 inappropriate windows and doors, with traditional painted softwood: two traditional side-hung casements, one double-hung sash window. Replace concrete lintels with natural stone arches set in lime mortar and natural stone cill to south window. Remove concrete block internal walling. Repair existing staircase. Install glazed screen behind cartshed doors. Install removeable softwood stud walling and bathroom fittings to first floor. Retain all cobbled flooring as found. Repair and retain lath and plaster coomed ceiling to bathroom and landing. (Listed Building Consent) at Tre'r Gelli , 3 Oxford Road, Hay-On-Wye Hereford HR3 5AJ

16/13883/LBC N: 218276 Mr Michael White for Re-instatement of Permit 3 October Delegated E: 321600 an internal connecting door opening at 2016 Decision 39 Bridge Street (Listed) and 37/38 Bridge Street (not Listed) (Listed Building Consent) at 39, 37/38 Bridge Street, Crickhowell, Powys NP8 1AR

16/13884/FUL N: 218857 Mr & Mrs DAVID EVANS for Refuse 11 October Delegated E: 322161 Replacement Rear Single Storey 2016 Decision Extension; New Single Storey Extension to Front Elevation (Including Conversion of Integral Garage Into Living Accommodation; Replacement Roof Extension To Provide Living Accommodation In Roof Space; Lateral Extension To Existing Gable Wall To Provide Additional Floor Space On All Floor Levels; (Full Application) at 1 Derwen Fawr, Crickhowell, NP8 1DQ Reason/s for refusal:- The ecological information submitted in support of this application is not sufficient to overcome concerns raised by the NRW and the National Park's Planning Ecologist. The proposal is therefore not compliant with Policies 6 and 7 of the Brecon Beacons National Park Local Development Plan 2013.

Page 289 16/13885/ADV N: 228568 Mr Ben French for 3 no. non illuminated Permit 13 October Delegated E: 304525 fret cut letters and logo signs, 1 no. non 2016 Decision illuminated projecting roundel sign, 1 no. non illuminated branch nameplate sign and 1 no. non illuminated opening hours sign (Application to Display Adverts) at 5 High Street Inferior, Brecon, LD3 7AH

16/13886/LBC N: 228568 Mr Ben French for To replace existing Permit 10 October Delegated E: 304525 signage with new 'like for like' 2016 Decision replacement signs. (Listed Building Consent) at 5 High Street Inferior, Brecon, LD3 7AH

16/13887/FUL N: 218853 Mr D Evans for Replace flat roof areas Permit 12 October Delegated E: 321538 with new pitched tiled roofs (Full 2016 Decision Application) at 15 Everest Drive, Crickhowell, Powys NP8 1DH

16/13890/FUL N: 230120 Mr Brian Price for New Agricultural Permit 10 October Delegated E: 317211 Building Housing Farm Animals (Full 2016 Decision Application) at Pengenffordd Farm, Talgarth, Brecon Powys LD3 0EW

16/13894/FUL N: 223625 Mr Nicholas West for Erection of Permit 12 October Delegated E: 316283 Lambing and implement Shed (Full 2016 Decision Application) at The Crindau, Cwmdu, Crickhowell Powys NP8 1RS

16/13895/FUL N: 218994 Mr And Mrs James for Installation of PV Permit 20 October Delegated E: 322191 Panels, Integrated into roof tiles, to 2016 Decision blend with existing roof tiles (Full Application) at Four Seasons, Great Oak Road, Crickhowell Powys NP8 1SW

16/13915/DISC N: 216208 Mr Richard Arthur for Discharge of Permit 28 September Delegated ON E: 327758 conditions 1 (notice of development) ,3 2016 Decision (biodiversity enhancement scheme) and 4 (landscaping plan) pursuant to Planning Permission 16/13563/FUL - Installation of new drainage infiltration system, granted 20/7/16 (Approval of details reserved by condition) at Glen View, Penygraig Road, Llanwenarth Monmouthshire NP7 7LA

16/13898/DISC N: 242670 Ms Mandy Houghton for Discharge Permit 12 October Delegated ON E: 322991 condition 3 (details of downlighters) 2016 Decision pursuant to Planning Permission 16/13532/LBC (The installation of three new windows and one doorway, replacing one existing window and a fire exist door) granted 9/8/2016. (Approval of details reserved by condition) at Globe Gallery , Newport Street, Hay-

Page 290 On-Wye Hereford HR3 5BG

16/13900/DISC N: 218728 Mrs Sally Moreton for Discharge of Permit 13 October Delegated ON E: 329745 conditions 3, 6 and 7 pursuant to 2016 Decision planning permission 15/12974/FUL (Approval of details reserved by condition) at Upper Cefn Mainog , Bettws, Crucorney NP7 7LF

16/13901/FUL N: 229571 Mr & Mrs Watkins for The replacement Permit 14 October Delegated E: 298508 of an attached garage with a single story 2016 Decision extension to provide ancillary accommodation (Full Application) at Ty Torlan, Aberbran, Brecon LD3 9NN

16/13902/CPE N: 225764 Mrs Menna Bonsels for Use of existing Permit 24 October Delegated E: 295304 building known as Swn Y Nant as C3 - 2016 Decision Dwelling House (Certificate Existing Lawful Use/Dev) at Swn Y Nant , Libanus, Brecon LD3 8NR

16/13905/FUL N: 225402 Mr Andrew Davies for Demolision of Permit 12 October Delegated E: 312915 front entrance porch, extend and build 2016 Decision new to incorporate a kitchen area and the erection of a single storey garage in rear garden (Full Application) at 1 Treberfydd Cottages, Llangasty, Brecon Powys LD3 7PX

16/13911/ADV N: 233784 Co-op for 1 X NON-ILLUMINATED Permit 18 October Delegated E: 315494 LOGO. SIGN A 2016 Decision 1 X NON-ILLUMINATED ACRYLIC LETTERS. SIGN B 2 X NON-ILLUMINATED PROJECTORS. SIGNS C & D (Application to Display Adverts) at The Co-operative , Hay Road, Talgarth LD3 0BW

16/13914/FUL N: 223371 Mrs Catherine Nelson for Alterations to Permit 18 October Delegated E: 316638 outbuilding to form ancillary 2016 Decision accommodation and insertion of rooflights (Full Application) at Gwn Dwn, Cwmdu, Crickhowell Powys NP8 1RS

16/13920/FUL N: 227641 Mr MORGAN WILLIAMS for Raising Of Permit 20 October Delegated E: 274825 Roofs, Construction of 2 Small 2016 Decision Extensions and Internal Alterations (Similar To Previously Approved Application C20832) (Full Application) at Cae Sarah , Llangadog, SA19 9EU

16/13928/HED N: 215516 Cellwig Ltd for For Safety. To Increase Permit 29 September Delegated GE E: 327084 vision splay from existing field entrance 2016 Decision

Page 291 (Hedgerows) at Cellwig Court, Llanwenarth, Abergavenny NP7 7EY

16/13930/FUL N: 228325 Mr & Mrs Mount for Two storey rear Permit 25 October Delegated E: 325333 extension. (Full Application) at Blaen Y 2016 Decision Cwm , Fforest Coalpit, Grwyne Fawr Monmouthshire NP7 7LY

16/13938/FUL N: 218945 Mr B Dunne for Velux rooflight to south Permit 24 October Delegated E: 321860 elevation and escape window to west 2016 Decision elevation (Full Application) at 28 Oakfield Drive, Crickhowell, Powys NP8 1DU

16/13932/FUL N: 214245 Mrs Beth Oram for Proposed holiday Refuse 19 October Delegated E: 324416 letting unit in garden (Full Application) 2016 Decision at The Manse , Station Road, Gilwern NP7 0BY Reason/s for refusal:- Insufficient information has been submitted to demonstrate that an acceptable access can be created to the public highway. The site is sloping and the submitted cross section is insufficient to show that there is an acceptable relationship to the public highway; no levels or gradient of the drive is shown on plans; No materials or indication of how surface water will be disposed of at the access have been provided; no indication of the visibility splay at the site has been submitted; and visibility at the site is restricted by vegetation. The proposal involves the creation of a new access and will generate additional traffic at the property the access is substandard and therefore fails to comply with Policy 59(c) of the Brecon Beacons National Park Authority Local Development Plan (2013).

16/13933/TRCA N: 228370 Mr Neil Mackinlay for As per our Permit 12 October Delegated E: 304791 approved planning application 2016 Decision (16/13475/FUL) we are constructing a double garage in our garden to the rear of our home, 22 Watton, Brecon. In order to commence construction works we will need to remove: A small Weeping Willow (W1), A Hawthorn (H1), Goat Willow (GW1) and a part of a poor condition Leylandi Hedge.

16/13934/FUL N: 218304 Mr & Mrs Jeff & Kim Gulvin for Single- Permit 24 October Delegated E: 321649 storey extension (Full Application) at 4 2016 Decision Orchard Court , Bridge Street, Crickhowell NP8 1BG

16/13937/FUL N: 229041 Mr Brian Price for Demolition of Permit 25 October Delegated E: 303941 existing garage and garden shed and 2016 Decision erection of single storey double garage with shed (Full Application) at The Briars, 15 Cradoc Road, Brecon Powys LD3 9LH

16/13940/DISC N: 217244 Mr Peter Hindley for Discharge of Permit 27 September Delegated ON E: 320087 conditions 3 and 4 pursuant to planning 2016 Decision permission 16/13547/LBC (Approval of details reserved by condition) at The Neuadd , Llangattock, Crickhowell NP8

Page 292

16/13941/DISC N: 227741 Mr and Miss Bullough and Ward for Split 28 October Delegated ON E: 299718 Discharge Conditions 3, 4 and 5 Decision 2016 Decision pursuant to Planning Permission Discharge 16/13477/LBC (Approval of details Conditions reserved by condition) at Cilwych , Llanspyddid, Brecon LD3 8NS Reason/s:- With regard to planning condition 3 of your approval notice, the details provided on the 5th October 2016 was sufficient to satisfy the National Park Ecologist, however there was insufficient information to satisfy the national park buildings conservation officer in respect of the impact on the listed building. Please submit a new application for the approval of details reserved by condition accompanied with the plans illustrating the location of the proposed bat boxes as requested.

16/13946/DISC N: 216272 Mr John Pritchard for Discharge Permit 18 October Delegated ON E: 320513 Condition 6 pursuant to Planning 2016 Decision Permission 14/11254/FUL High head micro hydro scheme, with intake and separate forebay tank, pipeline and turbine runner within turbine house. (Approval of details reserved by condition) at Prysg Farm , Hillside, Llangattock NP8 1LF

16/13948/FUL N: 228373 Mrs Mary Woodyatt for Formation of Permit 26 October Delegated E: 303788 car parking area within front garden 2016 Decision involving removal of 3.6m wide section of hedge (Full Application) at 3 Trenewydd, Llanfaes, Brecon Powys LD3 8DA

16/13969/FUL N: 228974 Mr & Mrs C & N Flower & Law for Permit 24 October Delegated E: 304102 Proposed outbuilding (Full Application) 2016 Decision at 1 Fronwen Terrace , Cradoc Road, Brecon Powys LD3 9HB

16/14053/TELN N: 222827 BT PLC for 1x DSLAM equipment TEL 20 September Delegated OT E: 332811 cabinet (Telecommunications Permitted 2016 Decision Notifications) at The Coach House, Developm Trewyn House, Groes Lwyd Road Pandy ent Sir Fynwy NP7 7PG

16/13996/SO N: 229132 Mott MacDonald for Alteration of the Environme 11 October Delegated E: 283089 existing spillway (Screening Opinion) at ntal 2016 Decision Usk Reservoir, Cwmwysg Trecastell, Statement Aberhonddu Powys Not Required

16/14008/MINO N: 210976 Mr Mike Williams for Amendment to Permit 6 October Delegated R E: 305498 planning permission 15/12555/REM - 2016 Decision colour of UPVC windows to be Chartwell Green (Non-Material Changes

Page 293 (Minor Amendments)) at Land At Penradwy House, Pontsticill, Merthyr Tydfil CF48 2TU

16/14011/MINO N: 217505 Mr Alex Fawcett for Minor Amendment Permit 24 October Delegated R E: 330171 to application 16/13266/FUL - 2016 Decision Demolition of existing modern single storey extensions to rear and side of former nursing homes building and change of use and conversion of existing building to form six dwellings. Erection of a single storey extension to create one new dwelling. Change of use of existing staff cottages to form three dwellings and associated landscaping works (Non-Material Changes (Minor Amendments)) at Triley Court Nursing Home, Old Hereford Road, Pantygelli Monmouthshire NP7 7HR

16/14029/DISC N: 228610 Mr Dilwyn Williams for To discharge Permit 13 October Delegated ON E: 304833 conditions 3, 4, 5, 6, 7 and 8 pursuant to 2016 Decision planning permission 11/07273/FUL (Approval of details reserved bycondition) at Caedryssu , Cerrigcochion Road, Brecon LD3 7NT

16/14071/DISC N: 218621 Mr Darren Davies for Discharge of Permit 26 October Delegated ON E: 321900 Condition 3 pursuant to planning 2016 Decision application 16/13245/FUL - To construct a single and two storey extension on the existing dwelling (Approval of details reserved bycondition) at 4 Danygrug, Crickhowell, Powys NP8 1DD

16/14082/FUL N: 217520 Miss Lorna Stanley for Pitched roof rear Withdraw 21 October Delegated E: 321127 extensions and flat rood extension to 2016 Decision side (Full Application) at 4 Beechwood Road, Llangattock, Crickhowell Powys NP8 1PL

16/14123/TELN N: 216461 BT PLC for Install 1x DSLAM equipment TEL 25 October Delegated OT E: 323598 cabinet (Telecommunications Permitted 2016 Decision Notifications) at A40 From Junction Developm With C0126 By Bell Hotel Glangrwney, ent To Entrance To Army Barracks, S/O The Old Welsh Regimental Museum

16/14128/DISC N: 221708 Mr John Chadwick for Discharge Permit 27 October Delegated ON E: 317004 Condition 17 pursuant to Planning 2016 Decision Permission 11/07330/FUL (Approval of details reserved bycondition) at Middle Gaer , Cwm-Du, Crickhowell NP8 1SB

Page 294 ENC7Item 3

AGRICULTURAL NOTIFICATIONS DELEGATED TO THE NATIONAL PARK OFFICERS

App No. Grid Ref. Applicant, proposal, type, address Decision Date Issued Decision Type

16/13903/AGR N: 215740 Celliwig Limited for Farm track to join AGR Prior 26 October Delegated E: 327520 existing farm track (Agricultural Approval 2016 Decision Notification) at Celliwig Court, Llanwenarth, Abergavenny Monmouthshire NP7 7EY

16/13907/AGR N: 221310 Mrs Belinda Davies for 2 new AGR 3 October Delegated E: 329889 agricultural buildings (one primarily for Planning 2016 Decision coppicing business and second in Permission connection with livestock) (Agricultural Required Notification) at Cwm Coed-y-Cerrig Farm, Cwmyoy, Monmouthshire NP7 7NA

16/13949/AGR N: 210006 Mr Timothy Mosley for Lambing 17.5m AGR 13 October Delegated E: 295926 x 17.5 m shed for on ground Planning 2016 Decision (Agricultural Notification) at Land At Permission Cwmcadlan, Cwmcadlan, Penderyn Required Aberdare Mid Glamorgan

16/13957/AGR N: 222363 Mr & Mrs Jonathan Lewis for Erection of AGR 20 October Delegated E: 331332 a general purpose agricultural building Permitted 2016 Decision (Building A) (Agricultural Notification) Developm at Oaklands Farm , Pont Rhys, Cwmyoy ent Abergavenny NP7 7NU

16/13958/AGR N: 222363 Mr & Mrs Jonathan Lewis for Erection of AGR 20 October Delegated E: 331332 a general purpose agricultural building Permitted 2016 Decision (Building B) (Agricultural Notification) at Developm Oaklands Farm, Pont Rhys, Abergavenny ent Cwmyoy NP7 7NU

16/13971/AGR N: 228854 Mr & Mrs G. Davies for The erection of AGR 10 October Delegated E: 286934 a new stock shed adjacent to existing Permitted 2016 Decision stock sheds for the purpose of wintering Developm stock (Agricultural Notification) at ent Penrhiw Farm , Cwmwysg Trecastle, Brecon LD3 8UH

Page 295 This page is intentionally left blank ENC7Item 4

FRINGE APPLICATIONS DELEGATED TO THE NATIONAL PARK OFFICERS

App No. Grid Ref. Applicant, proposal, type, address Decision Date Issued Decision Type 16/13923/F N: Hirwaun Power Ltd for Non Fringe 23 Fringe RI 206199 Material Change to the Hirwaun Comments September comments E: 293599 Generating Station Order (Fringe 2016 Consultation) at Hirwaun Generating Station, Aberdare.

BBNP have been consulted on an application for a non-material change to the existing Development Consent Order which granted consent for a gas fired power station at Hirwaun, Aberdare.

The power station was designed with up to five gas turbine generators to provide an output of 299 megawatts, to be fuelled by natural gas supplied by a new gas pipeline. The Environmental Statement accompanying the application considered a "realistic worst case scenario" for all environmental topics. The power station was designed for an operating life of 25 years.

Whilst the development is located on the Hirwaun Industrial Estate and entirely within the administrative boundary of Rhondda Cynon Taf County Borough Council, at its nearest it lies 250 metres south of the southern boundary of the National Park, and therefore has the potential to have impacts on the special qualities of the National Park.

Background In respect of the original application for the power station,( BBNP Ref 14/10745) BBNP submitted a Local Impact Report dated 21 August 2104 which set out the indirect impacts that BBNPA considered the development would have on the National Park, particularly in relation to landscape, cultural heritage and ecological impacts. The principal concern raised by the BBNPA was that the proposal would have a negative moderate landscape and visual impact on the National Park to the detriment of its natural beauty and special qualities. The BBNPA also raised concern over the impact of the development on its International Dark Sky status. It was also considered that the proposed development would have negative minor impacts on the setting of heritage assets within the National Park due to its visual impact and would have negative minor impacts on ecological receptors with the National Park. Socio-economic impacts were considered to have a negative moderate impact due to the visual impact to recreational users of areas of open access land and public rights of way with views to the park. Traffic and transport impacts, noise and vibration were considered to have a neutral impact.

During the course of the examination, the adequacy of the information submitted to accompany the application, in terms of the adequacy of the LVIA and ecological information was resolved in the Statement of Common Ground (SOCG) to the satisfaction of BBNPA. Also, the landscape and visual impacts and socio-economic impacts were reduced to a negative but minor magnitude in the agreed SoCG with BBNPA agreeing to the Requirements in the Order to the effect that BBNPA would become a consultee in Requirement 4 (mitigation of the design of the stacks within the Detailed Design) and Requirement 16 (Control of artificial Lighting during construction and operation).

The Order granting consent for the development, dated 23 July 2015 had due regard to the impacts of the proposal on the BBNP and concluded that while there are impacts of the Development on the National Park in terms of ecology, landscape and visual impact, the measures proposed and incorporated in the draft Order are sufficient to mitigate those impacts. The Secretary of State also noted that the issues raised by BBNPA) have also been addressed via agreed requirements in the Order and agreed SoCG.

The Sec of State also considered the impacts on the European Sites of the Blaen Cynon SAC, Coedydd Nedd a Mellte SAC and Cwm Cadlan SAC and concluded (after having considered the Habitats Regulation assessment in respect of the Blaen Cynon SAC) that there are no likely significant effects either alone or in combination with other plans and projects in relation to these sites and concluded that an Appropriate Assessment is not required.

Proposed development The proposed development seeks a non-material change to the existing Order granting consent for the Hirwaun Generating Station. The original Order granted consent for between one and five gas turbine

Page 297 generators. The application now submitted seeks to make the following amendments in the event that only one gas turbine is built:- i) Amend the permitted length of the gas turbine generator (GTG) from a max of 30m to 50m and to amend the width from a max of 30m to 40m. ii) Amend the permitted width of the lower section of the flue stack from 10m to 11m up to a height of 16.5m iii) Amend the permitted number of black start diesel generators from one to three in Work No 2B iv) Insertion of external fin fan coolers with a max height of 6m, max width of 10m and max length of 13m in Work No 2E and v) Amend the area for Work 2C on the works plan in order to construct the switchyard closer to the GTG. The application also seeks to make the following amendments to the generation station, with between one and five gas turbines: i) Amend the permitted length of the black start diesel generator from 13m to 17m: and ii) Amend the permitted natural gas receiving compound and gas treatment compound in order to permit the construction of two separate smaller compounds.

The application is accompanied by a submission document which describes the changes and why they are needed, explains how the Order is to be changed, includes an environmental report which provides an overview of the potential impacts of the proposed changes and compares these to the original ES submitted to support the application and provides photomontages. Revised site plans and elevations are also provided.

The Environmental Report only includes an updated assessment of the issues of air quality and landscape and visual impacts. Other environmental topics have been screened out of needing updated assessments as the proposed changes are not considered to have the potential to result in any different effects to those identified in the original ES. In addition, the screening assessment has confirmed that no update is required to the Habitat Regulations Assessment as there is no change to the impacts on any sites of European importance.

Landscape and visual Impact The assessment follows the same process and applied the same criteria as the original ES. It focuses on the proposed changes to the single GTG scenario and the flue stack as these are the tallest structures although there would be no change to their overall height as well as the fin fan cooler which would be a new structure. The proposed changes that relate to all GTG scenarios are low level structures (5m) are not considered to affect landscape or visual impacts as these would be screened by the existing buildings and vegetation at Hirwaun Industrial Estate.

The assessment states that the most noticeable differences to the originally approved development are as follows:- -The alternative layout-moving the switchyard/banking compound closer to the GTG, with one GTG instead of up to five GTG's and flue stacks, - The single GTG would be increased in length to 50m (previously 30m) and width to 40m ( previously 30m), the height of 19m would be unchanged and - The maximum width of the flue stack would be increased to 11m up to a height of 16.5m reducing to 10 m for the remaining height of 35m which would be unchanged.

Changes to lower structures would be less noticeable and would include:- -Three black starter diesel generators for a single GTG scenario (increase from one) -Fin fan coolers separate items not integrated in the GTG -Black start diesel generator increased to 17m length (previously 13m), the max height and width (5m) remain the same -replacement of one single compound with two smaller compounds.

Overall, the assessment considers that the proposed changes would result in less infrastructure than the consented development and an overall reduction in the total built footprint. The assessment considers that that the proposed changes of the single wider stack would be less noticeable in views from the surrounding landscape than the approved arrangement of up to five stacks. The proposed changes to the dimensions and locations of other smaller structures would not be discernible in views from any of the viewpoints locations due to distance.

Page 298 New photomontages are included to illustrate the proposed Power Plant with the single GTG scenario compared to the approved consent for five GTG's. The updated assessment has focused on specific viewpoints locations from the original ES that are representative of receptors with high and medium sensitivity near the Power generation Plant site where moderate adverse effects were reported. They include publicly accessible locations representative of views from the Brecon Beacons National Park - Viewpoint VP14 - Penderyn Reservoir and Viewpoint VP21 - Mynydd-y-Glog Open Access Land.

Table 5.2 provides a comparison of the visual impact of the approved power Generation Plant and Proposed Changes at operation in relation to these viewpoint locations.

It is considered that from Views from VP14 that changes in the width and length of the GTG (max height 19m) would not be apparent. Views of the GTG single flue stack would be located in approximately the central stack of the 5 original stacks and the visible top of the stack would be the same height and width as the original. The proposed change to the width of the base of the stack to 11m (previously 10m) up to a height of 16.5m would not be visible. It is concluded that the visual impact of a single flue compared to the original five stacks of the same height would not be more adverse than the original impact.

Views from VP21 most of the lower structures would be screened or indistinguishable from adjacent buildings in Hirwaun Industrial Estate. The single flue would be less noticeable than the five stacks of the same height and the width of the base of the stack would not be visible from this distance. It is concluded that the visual impact of a larger GTG and single flue compared to the original five stacks of the same height would not be more adverse than the original impact.

The assessment confirms that no changes are proposed to the mitigation incorporated in the approach to landscaping, design and lighting of the Power Station, all of which are secured in the Development Consent Order through the Requirements.

The assessment concludes that the potential significance of landscape effects are no greater than previously assessed for the approved project. There would be no material change to the character of the view from the above selected viewpoints. The assessed magnitude and significance of impact would be lower than the realistic worst case reported in the original ES. Potential cumulative landscape or visual effects are assessed as the same as the original ES and there are no new additional applications identified which require consideration in the assessment.

Planning Considerations In considering the original proposal, due to its nature, scale and design, and location within an existing industrial area, the main concern of the BBNP were the Landscape and Visual Impacts and Ecological Impacts. Whilst originally these concerns were assessed as a negative moderate impact, these were reduced to a negative minor magnitude in the agreed SoCG with BBNP agreeing to the measures incorporated into the Requirements of the Development Consent Order.

It is considered that the principal impacts of the proposed amendments to the development on the National Park are the Landscape and Visual Impacts. Other issues that were raised in respect of the original development i.e. ecological impacts and cultural heritage have been screened out of needing updating by the applicant as the proposed changes are not likely to result in any changes to the predicted effects on these issues. In terms of cultural heritage, this position is accepted as the proposed amendments (which reduce the overall footprint) would be not likely to result in any changes to the predicted effects. In respect of ecology, the proposed amendments are not expected to result in any changes to the predicted effects on ecological receptors, as it has been assessed that it will not affect emissions, which are likely to be reduced compared to the original assessment. Due to the lack of expertise in assessing air quality impacts, BBNP will defer to Natural Resources Wales to assess this matter further.

The updated assessment of the landscape and visual impacts accompanying the proposed amendments (as summarised above) considers the overall magnitude of the impact of the proposed amendments and concludes that the significance of landscape and visual effects are no greater than previously assessed.

The main issue in relation to the landscape and visual impact on the special qualities of the National Park, is the visual impact of the proposed revised stack, as it is accepted that the changes to the lower structures would not be discernible due to screening of existing buildings and vegetation within the Hirwaun Industrial Estate. It is considered that the visual impact of the reduction in footprint of the development from five to one GTG

Page 299 with a single wider flue of the same height as the original consent would not be more adverse than the original impact.

It is therefore considered that from the Brecon Beacons National Park the overall impact would remain as a minor negative effect upon the special qualities of the National Park.

Recommendation That BBNP raise no objection to the proposed amendments to the Development Consent Order subject to BBNPA being a consultee in respect of Requirements 4 (mitigation of the design of the stack within the Detailed Design) and Requirement 16 (Control of artificial Lighting during construction and operation) in the Order.

16/14007/F N: Monmouthshire County Council for Fringe 14 RI 205196 Conversion of disused milking parlour to Comments October E: 331525 holiday lets (Fringe Consultation) at Parc Y 2016 Brain Farm, Parc Y Brain Lane, Goytre NP4 0BJ The Western boundary of the application site lies adjacent to the South-Eastern boundary of the Brecon Beacons National Park Authority boundary.

The application proposes the conversion of a disused milking parlour to three holiday lets at Parc y Brain Farm, Pack y Brain Lane, Goytre. The external appearance of the building will be improved if this application were to be successful, since the building is currently unused and in a state of disrepair. The proposed materials do not detract from the character and appearance of the area, and the proposal will therefore not have a detrimental visual impact upon the area, which includes views from, and in to the National Park.

It is not considered that the proposal will cause undue harm to the National Park.

Page 300 Planning Obligations 27th October 2016

Key:

AH – Affordable Housing BIO – Biodiversity COF – Community Facility EDU – Education HER – Heritage HIW – Highways/Transport AF – Affordable Housing Contributions OTH – Other REC – Recreation/Open Space/Footpath RED – Rural Enterprise Dwelling/Land Tie

With other party/parties With the Authority / Authority’s external solicitors Current Application Applicant/ Site/ Development/ Planning Committee Date Status Number Developer Location Proposal Obligations Date Completed

Residential development comprising Land off High Street, Talgarth, Powys, LD3 13/10186/FUL Wyro Developments Limited of 8 no. dwellings with associated AH, HIW, EDU 21/10/2014 4/10/2016 COMPLETED 0PG gardens and car parking

Alterations, extension and subdivision

of the West End Fish Bar (22 Orchard West End Fish Bar. 22 Orchard Street, 13/09649/FUL Mr Murat Ongun Street) to form one Class A3 unit and AH 29/07/2014 

Page 301 Page Llanfaes, Brecon two units of residential

accommodation Residential Development (Outline with

Access, Layout and Scale) (Appearance 13/10289/OUT Mr Dai Hawkins Ty Clyd Close, Govilion AH,EDU,REC 21/10/2014 20/10/2016 COMPLETED and Landscaping reserved for

subsequent approval) Removal/Demolition of a stable building and construction of 3 No. affordable housing units as an 13/09974/OUT Mr John Thomas Ty Mawr, Llangorse exception site and 2 No. open market AH 10/12/2013  dwellings within the settlement boundary on unused land at Ty Mawr, ENC7Item 5 Llangorse Land opposite The Meadows, Gypsy Castle Development of 80 residential units Persimmon Homes AH, REC 14/10/2016 COMPLETED 12/12443/FUL Lane, Hay-on-Wye and associated works Re-development of the former army camp at Cwrt y Gollen for mixed use development comprising residential 12/0875/OUT AH, REC, BIO, Crickhowell Estates Cwrt y Gollen Army Camp, Crickhowell development, employment, a pre- 09/09/2014  HER, school day nursery, open space and community provision and associated infrastructure works

Page 1 of 3 Current Application Applicant/ Site/ Development/ Planning Committee Date Status Number Developer Location Proposal Obligations Date Completed Residential development with access 15/12223/OUT Mr Edward Lewis Land adjacent to Noddfa Cray for consideration, all other matters AH N/A (Delegated) 

reserved Demolition of existing house and

construction of replacement house 15/13044/FUL Camlea Limited Cellwig Court, Llanwenarth, Abergavenny OTH 01/03/2016  with associated access and

landscaping works Proposed change of use of former craft workshop and first floor extension to form annex residential 16/13153/FUL Emma Harrison and Peter Harrison The Star Bunkhouse, Bwlch, Brecon OTH N/A (Delegated) 22/9/2016 COMPLETED accommodation to the Star Bunkhouse

Variation of condition 1 of planning Former Gas Chamber, Cwrt-y-Gollen, permission 09/02985/FUL to allow for  15/12972/CON Mr Michael Rees – LRM Planning OTH N/A (Delegated) Crickhowell an additional 5 years to commence 

Page 302 Page development Change of Use from a chapel to a 16/13164/FUL Mr and Mrs Edwards Trinity Chapel, Defynnog, Brecon dwelling AH N/A (Delegated) 

15/11949/FUL Mrs Jane Randall (Richard Randall) Site at Captain’s Walk, Brecon Erection of new build house AH N/A (Delegated) 

Change of use of studio used as a sewing room and drawing office, with

The Studio, Upper House Farm, double garage ancillary to the 14/11036/FUL Ian and Jacqueline Pickford AH N/A (Delegated) 3/10/2016 COMPLETED Crickhowell residential use of number 28 Upper

House Farm to a separate residential dwelling. Conversion of first and second floors to three flats. Part conversion of ground floor and basement from commercial to residential (access), Mr T Van Rees 29 High Street Superior, Brecon AH N/A (Delegated)  16/13213/FUL part conversion of ground floor from residential to commercial. Replacement of ground floor (north side elevation) window with door. Proposed pair of semi-detached 15/12528/FUL houses on a building plot to the rear Mr & Mrs Chris Phillips Coed Duon, 20 Bronant, Talgarth AH N/A (Delegated)  of 20 Bronant Talgarth

Page 2 of 3 Current Application Applicant/ Site/ Development/ Planning Committee Date Status Number Developer Location Proposal Obligations Date Completed Conversion of disused former County Former County Primary School, Clydach, Primary Scholl in Clydach to holiday 16/13499/FUL Ms Dawn Hughes OTH N/A(Delegated)  Abergavenny accommodation (6 units+1 disabled + 1 store with parking provision Outline application for erection of one Land between 17 and 18 Pen Y Fan Close, 16/13533/OUT Ms Boxhall detached dwelling and associated AH N/A (Delegated)  Libanus works

N.B- Columns highlighted yellow are updates of new planning obligations since last PAROW

Page 303 Page

Page 3 of 3 This page is intentionally left blank Affordable Housing Commuted Sums Monitoring (as of 01.11.2016)

Application SM Amount Date Received Date Allocated number Date Permission granted Proposal area Settlement detailed in S106 13/10295/FUL Permitted 07.10.2014 Construction of 92 dwellings, Cae Meldon A,C&H Gilwern £175,200.60 13/09841/FUL Permitted 27.10.2015 Construction of one dwelling at Ael Y Bryn B&R Bwlch £15,056.80 13/10278/OUT Permitted 09.12.2014 New dwelling, Tyr Berllan A,C&H Crickhowell £31,163.40 13/10285/FUL Permitted 30.09.2014 Erection of 1 dwelling - Roayl Oak, Pencelli B&R Pencelli £16,251.60 13/10289/OUT Permitted 25.10.2016 Multiple Housing Development - Ty Clyd Close A,C&H Govilon £5,045.84 14/11036/FUL Permitted 12.10.2016 The studio, Upper House Farm A,C&H Crickhowell £5000** 14/11337/FUL Permitted 01.02.2016 Canal Bank Gardens, Brecon B&R Brecon £24,151.20 14/11607/FUL Permitted 12.06.2016 Single Dwelling, 19 Fairhome, Gilwern A,C&H Gilwern £24,377.40 14/11655/FUL Permitted 07.04.2015 Dan Y Castell, Crickhowell A,C&H Crickhowell £2,000** 15/11949/FUL Minded to permit S106 9.11.2015 Captain's Walk, Brecon B&R Brecon £17,144.80 15/12528/FUL Minded to permit S106 25.09.15 2 Dwellings to the rear Bronant B&R Talgarth £15,000** 15/12509/FUL Permitted 18.03.2016 1 dwelling, Green Meadows B&R Brecon £19,105.20 16/13164/FUL Minded to permit 22.03.2016 Change of use of chapel to dwelling B&R Maescar £20,450.80 15/13000/FUL Permitted 26.05.2016 1 dwelling, Peppercorn Lane B&R Brecon £2,465.53

Page 305 Page 16/13189/FUL Minded to permit 12.04.2016 Divide House into 2 flats A,C&H Hay £17,730.00* 16/13266/FUL Permitted 24.05.2016 Conversion Triley Court Nursing Home A,C&H Abergavenny £25,000** 14/11593/CON Permitted 11.03.2015 Variation of Planning obligation to 11/06647/FUL A,C&H Llangynidr £89,262 01.04.2016 16/13533/OUT Minded to permit S106 11.08.16 Outline application detached dwelling B&R Libanus £22,190.80* 16/13213/FUL Minded to permit S106 07.08.16 Conversion to 3 flats 29 High Street B&R Brecon £15,000** 14/10864/FUL Permitted 24.09.15 Erection of a 2 bedroom bungalow B&R Pennorth £16,959.20 16/13533/OUT Minded to permit s106 11.08.2016 Outline application for one dwelling B&R Libanus £22,190.80* 15/12478/FUL Minded to permit s106 21.09.15 Neuadd Wen Barn Conversion B&R OC £119,712

Total £700,459.97 £89,262 ENC7Item 6 Total Abergavenny, Crickhowell and Hay Sub Market area £374,779.24 Total Brecon and Rural Hinterland and Sub Market area £325,678.70 Total Heads of the Valleys and Rural South area £0 Total Powys £470,834.13 Total Carms £0 Total Mons £229,623.84 *Final figures are under negotiation ** Reduction in contribution agreed following viability assessment This page is intentionally left blank ENC7Item 7

BRECON BEACONS NATIONAL PARK AUTHORITY PLANNING, ACCESS & RIGHTS OF WAY COMMITTEE

SUMMARY OF APPEALS

Appeal Lodged (Development Control)

Ref Date Appellant Dev/Location Description of Development

16/13175/FUL 23.09.2016 Mr & Mrs Hafod Wen, Conversion of garages into Andrew Llansanffraed, holiday let accommodation. Richards Brecon, LD3 7JJ

15/13060/FUL 24.10.2016 Ms C Watling Grouse Cottage, Reinstatement of former Cymro Road, dwelling. Llanelly, NP7 0HH

Appeal Decisions (Enforcement)

Ref Date Appellant Dev/Location Description of Development

ENF/14/01354 21.10.2016 Mr Eklim Khan Former White Hart Appeal against Listed Building /LB Inn Enforcement Notice- Red Indigo Indian APPEAL DISMISSED Restaurant Crickhowell Powys NP8 1DL

Page 307

Penderfyniad ar yr Apêl Appeal Decision Ymweliad â safle a wnaed ar 11/10/16 Site visit made on 11/10/16 gan Alwyn B Nixon BSc MRTPI by Alwyn B Nixon BSc MRTPI Arolygydd a benodir gan Weinidogion Cymru an Inspector appointed by the Welsh Ministers Dyddiad: 21.10.2016 Date: 21.10.2016

Appeal Ref: APP/P9502/F/16/3147825 Site address: Former White Hart Inn, Brecon Road, Crickhowell, NP8 1DL The Welsh Ministers have transferred the authority to decide this appeal to me as the appointed Inspector.  The appeal is made under section 39 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by the Planning and Compensation Act 1991.  The appeal is made by Mr Eklim Khan on behalf of Red Indigo Group Ltd against a listed building enforcement notice issued by Brecon Beacons National Park Authority.  The enforcement notice, reference ENF/14/01354/LB, is dated 18 February 2016.  The contravention of listed building control alleged in the notice is: Unauthorised works to a Grade II listed building – construction of decking and covered area.  The requirements of the notice are: 1. Remove the entire roof of the canopy which is located in the approximate position shown cross hatched on the plan accompanying this notice. 2. Reduce the height of the posts which support the roof which is located in the approximate position shown cross hatched on the plan accompanying this notice to a height no higher than the top of the balustrade or fence of which they form a part.  The period for compliance with the requirements is 60 days.  The appeal is made on the grounds set out in section 39(1)(e) of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended.

Decision

1. The appeal is dismissed. I direct that the listed building enforcement notice be corrected by substituting “hatched” in place of “cross hatched” in each of the requirements stipulated in the Third Schedule of the notice. The listed building enforcement notice as so corrected is upheld. Listed building consent is refused for the retention of the works carried out in contravention of section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended. Background and Procedural Matters

2. The appeal property is a former inn, now operating as a restaurant. The development to which the enforcement notice relates is a substantial structure comprising decking enclosed by balustrading and timber panelling, partly covered by a roof canopy mounted on timber supports. The whole is regarded as a single integrated structure by the National Park Authority (“the Authority”) and occupies an area evidently formerly utilised as a beer garden. The roof canopy covers an area of decking close to the restaurant building and provides a covered external seating area.

Page 308 Appeal Decision APP/P9502/F/16/3147825

3. The enforcement notice was issued following a series of discussions about the unauthorised development between the Authority and the appellant/his representatives. Notwithstanding the Authority’s stance that listed building consent and planning permission were unlikely to be granted for the development in its current form, retrospective applications were submitted for formal consideration and determination. Planning permission and listed building consent were refused on 10 February 2016; this was followed by the issuing of the listed building enforcement notice the subject of this appeal. 4. This determination is in relation to a listed building enforcement notice issued by the local planning authority pursuant to section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990. The appeal against the notice is made on ground (e) alone; namely that listed building consent ought to be granted for the works. My decision therefore is based only on consideration of the matters relevant to the granting or withholding of listed building consent. 5. Whilst I note the appellant’s contention that the planning and listed building applications were determined prematurely by the Authority, before it was in possession of all of the requisite documentation, that matter does not affect my determination of this appeal, which concerns only the listed building enforcement notice subsequently served. I have taken into account all of the documentation submitted in support of the appeal, so far as relevant to my decision. 6. The Authority does not oppose the grant of consent in respect of the decking and enclosing balustrading/timber panelling. Its objection is to the roof canopy element of the completed structure. Accordingly the requirements of the notice are only to remove the roof canopy and its supports. The notice incorrectly refers to the location of the canopy as “shown cross hatched on the plan accompanying the notice”. The location of the canopy is actually shown hatched on the plan. However, I am satisfied that this is something which I am able to correct without causing injustice to any party. Main Issue 7. The main issue is the effect of the development on the character of the listed building.

Reasons

8. The building is a former coaching inn which, although of earlier origin, is largely C18/19 in form and appearance. It comprises a two storey former inn, toll house and landlord’s cottage with later single storey additions to the sides and rear. It is an attractive building group located on a main route into Crickhowell’s historic town centre. It is finished in whitewashed render with slate roofs and displays a distinctive vernacular character.

9. The covered section of the balustraded decking area extends for some 11metres from the western end of the building, providing an open-sided roofed area for an additional 20 covers to supplement the interior dining areas. It is separated from the A40 carriageway by a shallow open parking area backed by a white painted retaining wall which forms a continuation of the listed building. The covered seating area has been constructed on top of the retaining wall and the higher land behind. 10.The canopy consists of a monopitch sheet metal roof over a timber substructure, supported by timber posts. Due to the positioning of the structure higher than the ground level of the former inn building fronting the A40, the leading edge of the roof

Page2 309 Appeal Decision APP/P9502/F/16/3147825

canopy is significantly higher than the flat-roofed element of the listed building which it abuts, and is higher also than the eaves line of the two-storey westernmost roadside element. 11.The structure in question is appears to be physically attached to the listed building only by virtue of its positioning on top of the retaining wall which forms a continuation of the listed building and its abutment to the flat-roofed extension to the original buildings. Nonetheless, the appellant has not contested that listed building consent is required for the works in question; no appeal on ground (c) is made in this case and the appellant previously made an application for listed building consent as well as planning permission in respect of the development. The development at which the notice is directed has not materially altered the fabric of the pre-existing building or taken away any of its historic features. I accept that the development does not harm the character of the listed building in these terms. The real issue, to my mind, is the structure’s effect on the listed building’s character by reason of its effect on its overall outward appearance and visual context. 12.Policy 15 of the adopted Brecon Beacons National Park Authority Local Development Plan 2007-2022 makes clear that the alteration or extension of a listed building will only be supported where, amongst other things, the materials and finishes used are compatible in all respects with those of the existing structure; and where the development would not have a detrimental effect on the listed building’s setting. I also have a statutory duty, in considering whether to grant listed building consent for the works in question, to have special regard to the desirability of preserving the building or its setting. 13.I consider that the roof canopy structure comprises a bulky addition positioned alongside the listed building as viewed from the main A40 route into Crickhowell, which is given added prominence due to its elevation above the ground level of the historic part of the former coaching inn and the highway. The roof canopy has a somewhat rudimentary appearance and together with its scale and height relative to the former inn building this results in an overly dominant and rather crude addition to the overall composition which significantly detracts from the whole. 14.I recognise that the canopy is separated from the older parts of the listed building by a more recent flat roofed addition. I further acknowledge that the canopy structure is set back from the main building line, and that roadside vegetation and the former inn building itself assist in reducing its visibility in the approaches along the A40 from the west and east respectively. However, these matters do not offset my overall judgement that the structure’s height and scale, form of construction and choice of building materials make the extension an overly dominant feature that is at odds with the historically important vernacular character of the former inn which underpins the reason for its listing. The advice of Cadw, as the Welsh Government’s Historic Environment Service, echoes this view. 15.I appreciate that a well-designed contemporary structure of a different style can sometimes be successfully integrated with a pre-existing historic building. However, I do not consider that this has been achieved here. The solid form and extensive area of the monopitch roof does not impart a “lightweight “ appearance, as argued for the appellant, nor does it display sufficient sensitivity of design and response to its listed building context. Nor does the presence of the curtilage wall and outbuildings of the listed building Glan Nant on the other side of the A40 mitigate the roof canopy’s effect on the appeal building to any real extent. Overall, I conclude that the roof canopy

Page 3103 Appeal Decision APP/P9502/F/16/3147825

addition to the listed building in order to provide an external covered seating area is unacceptably harmful to the character of the listed building of which it forms a part.

16.In reaching my conclusion I have taken into account the fact that the exposed timberwork could be stained or painted in a similar manner to the balustrading. However, I do not consider that this would adequately mitigate the harm caused. I have also had regard to the argument that the roof canopy structure provides an external covered area which increases the dining capacity of the restaurant. I recognise that enabling viable, active use of historic buildings is often critical to ensuring their maintenance and securing their long-term future. However, I have no substantive evidence that the viability of the current use of the listed building is dependent on the additional dining capacity provided by the covered structure. Even if it were, I am not persuaded that alternative solutions, less intrusive and harmful to the building’s special qualities, are not possible.

17.I have taken into account all other matters raised, including that the roof canopy could straightforwardly be removed at the end of its functional life. However, if permitted the canopy could remain in place for many years to come, during which time its harmful effect on the listed building would persist. I do not consider that granting permission for a limited period of 10 years, as now suggested on the appellant’s behalf, would be an appropriate response in this case, given the clear and significant harm I have identified. I give little weight to the other developments elsewhere which have been referred to as comparative; the individual contexts and details of these are plainly different and ultimately each case falls to be determined on its own particular facts and merits. Conclusion

18.For the above reasons, and having regard to all matters raised, I conclude that the development the subject of the enforcement notice is unacceptably harmful to the character of the listed building. It clearly conflicts with Policy 15 of the Local Development Plan and the grant of listed building consent would to my mind be at odds with the statutory duty placed on me to have special regard to the desirability of preserving the building or its setting. Accordingly, the appeal does not succeed.

Alwyn B Nixon

Inspector

Page 311

Brecon Beacons National Park Authority Planning Access & Rights of Way Committee Page 3124 ENC7Item 8

ENFORCEMENT FIGURES

MAY – OCTOBER 2016

Number Investigated Investigated Resolved in Resolved in of new in 84 days or in more than 180 days or more than cases fewer 84 days fewer 180 days received May 2016 10 14 1 5 2

June 2016 13 23 4 19 12

July 2016 15 13 1 6 3

August 2016 1 10 0 9 1

September 12 11 0 5 3 2016

October 10 15 2 10 5 2016

Current Cases

Current Cases (under Backlog Cases (over 180 Total Cases 180 days) days) May 2016 23 69 92

June 2016 34 76 110

July 2016 36 71 107

August 2016 29 73 102

September 33 71 104 2016

October 27 70 97 2016

Relevant Definitions

Investigated means that the authority has considered the alleged breach of planning control and advised the complainant of their investigation

Resolved means one of the following: a) A decision that, following investigation, no breach of planning control has occurred b) A decision that enforcement action is not expedient c) Planning permission is subsequently granted through an application or enforcement appeal d) An enforcement of breach or condition notice is complied with e) Direct action by the authority removes the breach of control

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Brecon Beacons National Park Authority Internal Reporting: Planning Performance Figures From: 01 September 2016 to 30 September 2016

APPROVALS GRANTED REFUSED %APPROVED 50 3 94

8 WEEK PERFORMANCE Under8Weeks Over8Weeks 8Wks% 48 5 91

HOUSEHOLDER 8 WEEK PERFORMANCE Under8Weeks Over8Weeks 8Wks% 14 0 100

AGREED EXTENSIONS PERFORMANCE AEunder AEover AE% 7 0 100

AGE OF APPLICATIONS >8Wks >13Wks >16Wks >2Yrs 44 36 31 4 (see attached list)

Internal Reporting: Planning Performance Figures From: 01 October 2016 to 31 October 2016

APPROVALS GRANTED REFUSED %APPROVED 51 6 89

8 WEEK PERFORMANCE Under8Weeks Over8Weeks 8Wks% 47 10 82

HOUSEHOLDER 8 WEEK PERFORMANCE Under8Weeks Over8Weeks 8Wks% 18 0 100

AGREED EXTENSIONS PERFORMANCE AEunder AEover AE% 5 0 100

AGE OF APPLICATIONS >8Wks >13Wks >16Wks >2Yrs 35 31 29 4 (see attached list)

Page 315 Applications over 2 years

REFVAL OFFCODE PROPOSAL ADDRESS DCSTAT DATE8WEEK Determination of conditions on Consents 1/1466 Vaynor Quarry MT15392 HELENR and 1/4120 Cefn Coed PCO 08-Jul-97 Nythfa Caehopkin Abercrave Swansea 07/01053/CPE HELENR Residential dwelling SA9 1FJ PCO 26-Jun-07 Provision of additional storage areas for raw Stuart Quarry materials and Chapel Road associated Penderyn movement of Aberdare 10/04502/FUL CARMS material CF44 9JY PCO 18-Aug-10 Penderyn Quarry Periodic review Chapel Road ROMP application Penderyn for Penderyn Rhondda Cynon 11/06454/MIN CARMS Quarry Taff PCO 23-Jun-11

Analysis of applications on hand

May RECEIVED ONLINE ONLINE% DECIDED ON HAND 2016 72 41 56.9 40 204 June RECEIVED ONLINE ONLINE% DECIDED ON HAND 2016 58 30 51.7 47 198 July RECEIVED ONLINE ONLINE% DECIDED ON HAND 2016 53 28 52.8 47 200 August RECEIVED ONLINE ONLINE% DECIDED ON HAND 2016 61 37 60.7 53 191 September RECEIVED ONLINE ONLINE% DECIDED ON HAND 2016 66 43 65.2 53 195 October RECEIVED ONLINE ONLINE% DECIDED ON HAND 2016 58 35 60.3 57 190

Page 316 ENC8Item 1

SCHEDULE 12A LOCAL GOVERNMENT ACT 1972 EXEMPTION FROM DISCLOSURE OF DOCUMENTS

REPORTS: Delegated Decision Enforcement Reports – where no further action is required.

AUTHORS: Enforcement Officers

MEETING AND DATE OF Planning, Access and Rights of Way Committee MEETING: 15th November 2016

I have considered grounds for exemption of information contained in the report referred to above and make the following recommendation to the Proper Officer:-

Exemptions applying to the report:

 Information which is likely to reveal the identity of a particular person  Information relating to any action taken or to be taken in connection with the prevention, investigation, or prosecution of crime.

Factors in favour of disclosure:

 Facilitate the accountability and transparency of our decisions;

 Facilitate accountability and transparency in the spending of public money;

 Allow individuals to understand decisions made by the authority

Prejudice which would result if the information were disclosed:

 Disclose the identity of individuals prior to a decision being taken whether or not to take action – causing unnecessary concern to the individual and public opprobrium if proceedings are not pursued.  Prejudice potential judicial proceedings

Page 317 My view on the public interest test is as follows:

I have considered the enforcement cases contained within the aforementioned reports to be presented to PAROW on the 15th November 2016 and have measured each case against the public interest test. For the reasons outlined above, I consider that the factors in favour of disclosure are outweighed by those against.

Recommended decision on exemption from disclosure:

For the reasons set out above, it is recommended that the information contained within these enforcement reports is exempt from disclosure.

Date: 31st October 2016

Signed:

Post: Principal Planning Officer

I accept the recommendation made above.

______Proper Officer

Date: 1st November 2016

Page 318 ENC8Item 2 By virtue of paragraph(s) 12, 13, 17, 18 of Part 1 of Schedule 12A of the Local Government Act 1972.

Document is Restricted

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