Planning, Taxi Licensing & Rights of Way Committee

Public Document Pack

Meeting Venue Council Chamber - Neuadd Maldwyn, Welshpool, Powys

Meeting Date Thursday, 24 November 2016 County Hall Llandrindod Wells Meeting Time Powys 10.00 am LD1 5LG

For further information please contact Carol Johnson 17th November, 2016 01597826206 [email protected]

AGENDA

1. APOLOGIES PTLRW98 - 2016

To receive apologies for absence.

2. MINUTES OF THE PREVIOUS MEETING PTLRW99 - 2016

To authorise the Chair to sign the minutes of the previous meeting of the Committee held on 13th October, 2016 as a correct record.

(Pages 5 - 16)

Planning

3. DECLARATIONS OF INTEREST PTLRW100 - 2016

a) To receive any declarations of interest from Members relating to items to be considered on the agenda. b) To receive Members' requests that a record be made of their membership of town or community councils where discussion has taken place of matters for the consideration of this Committee.

1 c) To receive declarations from Members of the Committee that they will be acting as 'Local Representative' in respect of an individual application being considered by the Committee. d) To note the details of Members of the County Council (who are not Members of the Committee) who will be acting as 'Local Representative' in respect of an individual application being considered by the Committee.

4. PLANNING APPLICATIONS FOR CONSIDERATION PTLRW101 - 2016 BY THE COMMITTEE

To consider the reports of the Head of Regeneration, Property and Commissioning and to make any necessary decisions thereon.

(Pages 17 - 20)

4.1. Updates Any Updates will be added to the Agenda, as a Supplementary Pack, wherever possible, prior to the meeting.

(To Follow)

4.2. P/2016/1016 Land off B4393 at Plas Foxen, Four Crosses, Llanymynech, Powys, SY22 6RG (Pages 21 - 52)

4.3. P/2016/0932 Land between 14 & 15 Ffordd Mynydd Griffths, Machynlleth, Powys, SY20 8DD (Pages 53 - 70)

4.4. P/2016/0849 Plot OS 91778, Land at Llangadfan, Welshpool, Powys, SY21 0PU (Pages 71 - 78)

4.5. P/2016/0137 Clatterbrune House, Greenfield Road, Presteigne, Powys, LD8 2LB (Pages 79 - 102)

4.6. P/2016/0128 Clatterbrune, Presteigne, Powys, LD8 2LB (Pages 103 - 122) 4.7. P/2016/0703 First and Second Floor 7 Church Street, Welshpool, Powys, SY21 7DL (Pages 123 - 134)

4.8. P/2016/0779 Lake Farm, Churchstoke, Montgomery, Powys, SY15 6TG (Pages 135 - 162)

4.9. P/2016/0043 Great Cantal Farm, Llanbister Road, Llandrindod Wells, LD1 6UD (Pages 163 - 198)

4.10. P/2012/0581 Barndale, Leighton, Welshpool, SY21 8HH (Pages 199 - 206)

4.11. TREE/2016/0029 Chidrens Playground, School Lane, New Radnor, Presteigne, LD8 2SS (Pages 207 - 214)

5. DECISIONS OF THE HEAD OF REGENERATION, PTLRW102 - 2016 PROPERTY AND COMMISSIONING ON DELEGATED APPLICATIONS

To receive for information a list of decisions made by the Head of Regeneration, Property and Commissioning under delegated powers.

(Pages 215 - 236)

6. APPEAL DECISION PTLRW103 - 2016

To receive the Planning Inspector's decisions regarding appeals.

(Pages 237 - 252) This page is intentionally left blank PTLRW99 - 2016 Planning, Taxi Licensing & Rights of Way Committee Thursday, 13 October 2016

MINUTES OF A MEETING OF THE PLANNING, TAXI LICENSING & RIGHTS OF WAY COMMITTEE HELD AT COUNCIL CHAMBER - COUNTY HALL, LLANDRINDOD WELLS, POWYS ON THURSDAY, 13 OCTOBER 2016

PRESENT County Councillor D R Price (Chair)

County Councillors M J Jones, L V Corfield, S Davies, W J Evans, D R Jones, Eldrydd M Jones, E M Jones, G M Jones, F H Jump, P J Medlicott, R H Mills, WD Powell, K S Silk, D A Thomas, D G Thomas, G I S Williams, D H Williams and J M Williams

1. APOLOGIES PTLRW93 - 2016

Apologies for absence were received from County Councillor A.G. Thomas who was on other Council business and County Councillor J. Holmes. County Councillor K.S. Silk would be late in arriving.

2. MINUTES OF THE PREVIOUS MEETING PTLRW94 - 2016

The Chair was authorised to sign as a correct record the minutes of the meeting held on 22nd September, 2016.

Planning

3. DECLARATIONS OF INTEREST PTLRW95 - 2016

(a) County Councillor L.V. Corfield declared a personal interest in application P/2016/0675 because her grandson attended the nursery one day per week.

(b) The Committee noted that no Member requested that a record be made of their membership of a Community Council where discussion had taken place of matters for the consideration of this Committee.

(c) The Committee noted that no Member (who is a member of the Committee) would be acting as ‘local representative’ in respect of any application on the agenda.

(d) The Committee noted that County Councillor T. Van-Rees (who is not a member of the Committee) would be speaking as the ‘local representative’ in respect of P/2015/0131.

4. PLANNING APPLICATIONS FOR CONSIDERATION PTLRW96 - 2016 BY THE COMMITTEE

The Committee considered the report of the Head of Regeneration, Property and Commissioning (copies filed with the signed minutes).

Page 5 Planning, Taxi Licensing & Rights of Way Committee Thursday, 13 October 2016

4.1. Updates

The Members confirmed that they had received and had time to read the update circulated the previous day and prior to the meeting.

4.2. P/2015/0131 Land at Penarth Farm, Cregrina, Llandrindod Wells, Powys, LD1 5SF

Application No: P/2015/0131

Grid Ref: 310991.43 254053.58

Valid Date: 09/02/2015

Officer: Holly-ann Hobbs

Community Council: Glascwm Community Council

Applicant: Mr V Powell, Garnwen, Hundred House, Llandrindod Wells, Powys, LD1 5RP

Location: Land at Penarth Farm, Cregrina, Llandrindod Wells, Powys, LD1 5SF

Proposal: Full: Erection of an agricultural building for use as a free range egg production unit (16,000 bird) together with feeds bins, formation of vehicular access road and highway improvements at main junction off A481 and all associated works

Application Type: Application for Full Planning Permission

The Principal Planning Officer advised that, as detailed in the update, a revised Habitat Regulations Assessment [HRA] had not been received and a further response had been received the previous day from Natural Resources Wales [NRW]. In light of the nature of the outstanding information, it was recommended to the Committee that consideration of the application should be deferred.

RESOLVED: Reason for decision: that consideration of the To enable officers to consider the application be deferred. information from NRW and to seek and consider a HRA.

4.3. P/2016/0137 Clatterbrune House, Greenfield Road, Presteigne, Powys, LD8 2LB

Application No: P/2016/0137

Grid Ref: 331980.68 264127.44 Page 6 Planning, Taxi Licensing & Rights of Way Committee Thursday, 13 October 2016

Valid Date: 26/01/2016

Officer: Isobel Davies/Tamsin Law

Community Council: Presteigne Town Council

Applicant: Mrs K W Wolfe, Greenfield Road, Clatterbrune House, Presteigne, Powys, LD8 2LB

Location: Clatterbrune House, Greenfield Road, Presteigne, Powys, LD8 2LB

Proposal: Outline (all matters reserved): Erection of two dwellings

Application Type: Application for Outline Planning Permission

Mrs J. Charlton spoke against the application. Mr Pitt spoke against the application. Mr G. Davies spoke as the agent.

In response to questions the Highway Authority advised that assumptions could only be made regarding the negotiations between the previous highways officer and the applicant in respect of highways issues, as there was no record, on file, of these negotiations. In light of this, the Highways Authority did not object to the application but advised that negotiations were required regarding highways matters.

The Chair respected the Highway Officer’s position but indicated that it was unacceptable for there to be no detail, on file, of negotiations undertaken by an officer. He asked the Portfolio Holder for Regeneration and Planning to raise this issue with the Portfolio Holder for Highways. The Principal Planning Officer advised that on the basis of the Highways Authority’s response, the highways issues could be dealt with at reserved matters. The Committee also questioned whether a footpath could be incorporated into the access route.

The Committee noted that another application had been received for the land to the south of the access road and that this was from a different applicant.

It was noted that the Council’s Land Drainage Officer had pointed out that Planning Policy Wales TAN 15: Development & Flood Risk - Development Advice Map [DAM] designated the access route as being in the C2 flood zones. The Committee noted that the response from NRW did not specifically refer to this issue and the Committee considered NRW’s view on this was required. The Professional Lead for Development Management confirmed that the DAM published by NRW did not include the site within the fold zone C2.

It was moved and duly seconded to defer further consideration of the application to seek further information on highways issues and the feasibility of a footpath from the Highways Authority and to seek the views of NRW in respect of whether the access route is in the C2 flood zone.

Page 7 Planning, Taxi Licensing & Rights of Way Committee Thursday, 13 October 2016

RESOLVED: Reason for decision: that consideration of the To enable officers to seek application be deferred. clarification on the highways issues and the feasibility of a footpath from the Highways Authority and to seek the views of NRW in respect as to whether the access route is in the C2 flood zone, making this unacceptable.

County Councillor K. S. Silk arrived at the meeting.

4.4. P/2016/0791 Land adjoining Cwrt y Gaer, Boughrood, Brecon, Powys LD3 0YJ

Application No: P/2016/0791

Grid Ref: 313257.22 238717.55

Valid Date: 27/07/2016

Officer: Tamsin Law

Community Council: Glasbury Community Council

Applicant: Mr & Mrs R Joseph, The Lloney, Llanstephan, Llyswen, Powys, LD3 0AX

Location: Land adjoining Cwrt y Gaer, Boughrood, Brecon, Powys, LD3 0YJ

Proposal: Erection of a 15 dwelling residential development

Application Type: Application for Outline Planning Permission

The Principal Planning Officer advised that concerns had been raised in respect of the impact of the proposal on the River Wye SAC. The Powys Ecologist had reviewed the further information received from the applicant and had advised that a HRA was not required. It was noted that although NRW had disagreed with this position, the responsibility of undertaking a HRA was with the Local Authority.

It was noted that the 30mph speed sign could be moved if the developer agreed to meet the costs.

In response to questions regarding the C2 flood zone the Principal Planning Officer clarified that the recent flood model for the area showed that plots 11 & 12 were in the flood zone. However, as this model had not been rigorously tested by NRW, Development Management could only give limited weight to this model and advised that weight should be given to the current DAMs which stated that the whole site was outside this flood zone. Page 8 Planning, Taxi Licensing & Rights of Way Committee Thursday, 13 October 2016

In respect of affordable housing the latest evidence had indicated that 30% affordable housing was viable in this area. However, at pre-application the applicant offered 20%. If the developer wished to challenge Development Management’s request for 30% affordable housing then a viability assessment would be required. If the Committee was minded to approve the application it was recommended that it be delegated to the Professional Lead Development Management to consider this assessment in conjunction with the Chair and Vice Chair and determine the level of affordable housing.

RESOLVED: Reason for decision: that the application be As officers recommendation as set granted consent, subject to out in the update report which is the conditions and a S106 filed with the signed minutes. agreement to secure appropriate private amenity space [provision, To ensure that a legal agreement maintenance and retention] securing 30% affordable housing be as set out in the report and agreed unless a viability the update report which are assessment indicates otherwise. filed with the signed minutes and that securing the level of To ensure that a discussions affordable housing and the between the Powys Ecologist and discussions regarding a HRA NRW are undertaken regarding the be delegated to the need for a HRA. Professional Lead for Development Management in consultation with the Chair and Vice Chair.

4.5. P/2015/1147 Beguildy County School, Beguildy, Knighton, Powys LD7 1YE

Application No: P/2015/1147

Grid Ref: 319643.44 279641.47

Valid Date: 10/12/2015

Officer: Eddie Hrustanovic

Community Council: Beguildy Community Council

Applicant: Mr Timothy John Parry Davenport, Church Of Wales, 8A High Street, c/o Charles Crookes, Kington, Powys, HR5 3BJ

Location: Beguildy County School, Beguildy, Knighton, Powys, LD7 1YE

Page 9 Planning, Taxi Licensing & Rights of Way Committee Thursday, 13 October 2016

Proposal: Outline with some matters reserved: Demolition of school and erection of 10 dwellings (4 affordable) and formation of a new vehicular access

Application Type: Application for Outline Planning Permission

The Planning Officer advised the Committee that if it was minded to approve the application the update report contained revised conditions. In response to a question the Highways Authority confirmed that it now had no objections to the application.

RESOLVED: Reason for decision: that the application be As officers recommendation as set granted consent, subject to out in the report which is filed with the conditions as set out in the signed minutes. the update report and a S106 agreement to secure four affordable housing units and the provision of the appropriate amenity space provision, maintenance and retention as set out in the report which is filed with the signed minutes.

4.6. P/2016/0801 Archdeacon Griffiths Primary School, Llyswen, Brecon, Powys, LD3 0YB

Application No: P/2016/0801

Grid Ref: 312839.22 238466.06

Valid Date: 29/07/2016

Officer: Gemma Bufton

Community Council: Bronllys Community Council

Applicant: Powys County Council, C/O Agent

Location: Archdeacon Griffiths Primary School, Llyswen, Brecon, Powys, LD3 0YB

Proposal: Demolition of existing primary school and construction of a new primary school and all associated works

Application Type: Application for Full Planning Permission

In response to questions the Highways Authority advised that the car parking ratio of 1:3 pupils reflected the rurality of the County. The development proposed Page 10 Planning, Taxi Licensing & Rights of Way Committee Thursday, 13 October 2016

61 car parking spaces compared to 17 currently available. Concerns regarding the current parking proposals were noted but the Highways Authority advised that the increase in parking spaces should address these issues.

It was noted that a condition relating to a construction management plan was recommended if the Committee was minded to approve the application.

RESOLVED: Reason for decision: that the application be As officers recommendation as set granted consent, subject to out in the report which is filed with the conditions set out in the the signed minutes. update report which is filed with the signed minutes.

4.7. P/2016/0675 Brookfield House Day Nursery, Garthmyl, Montgomery, Powys SY15 6RS

Application No: P/2016/0675

Grid Ref: 319558.39, 298704.36

Valid Date: 07/07/2016

Officer: Bryn Pryce

Community Council: Berriew Community Council

Applicant: Ms Mary Langford-Archer, Brookfield House Day Nursery, Garthmyl, Montgomery, Powys SY15 6RS

Location: Brookfield House Day Nursery, Garthmyl, Montgomery, Powys SY15 6RS

Proposal: Erection of an extension, to include link between extension and original building, creation of disabled access, creation of play mound, alterations to car park and installation of a septic tank

Application Type: Application for Full Planning Permission

Page 11 Planning, Taxi Licensing & Rights of Way Committee Thursday, 13 October 2016

In response to a question the Principal Planning Officer advised that the next two applications were being considered separately probably due to the fact that as from 1st August applications for major developments required more detailed consultation. The officer confirmed that the Authority was not losing out on any planning gain by this split.

4.8. P/2016/0892 Land adjacent to Tynllan Farm, Castle Caereinion, Welshpool, Powys, SY21 9AL

Application No: P/2016/0892

Grid Ref: 316184.46 305585.24

Valid Date: 22/08/2016

Officer: Tamsin Law

Community Council: Castle Caereinion Community Council

Applicant: Mr Davies, A N & D Davies & Sons, Tynllan Farm, Castle Caereinion, Welshpool, Powys, SY21 9AL

Location: Land adjacent to Tynllan Farm, Castle Caereinion, Welshpool, Powys, SY21 9AL

Proposal: Outline Residential development and creation of vehicular access

Application Type: Application for Outline Planning Permission

RESOLVED: Reason for decision: that the application be As officers recommendation as set granted consent, subject to out in the report which is filed with the conditions and a S106 the signed minutes. agreement securing an affordable dwelling as set out in the report which is filed with the signed minutes.

4.9. P/2016/0893 Land adjacent to Tynllan Farm Castle Caereinion, Welshpool, Powys, SY21 9AL

Application No: P/2016/0893

Grid Ref: 316171.24 305630.48

Valid Date: 23/08/2016

Officer: Tamsin Law Page 12 Planning, Taxi Licensing & Rights of Way Committee Thursday, 13 October 2016

Community Council: Castle Caereinion Community Council

Applicant: A N & D Davies, Tynllan Farm, Castle Caereinion, Welshpool, Powys, SY21 9AL

Location: Land adjacent to Tynllan Farm, Castle Caereinion, Welshpool, Powys, SY21 9AL

Proposal: Outline: Residential development and creation of vehicular access

Application Type: Application for Outline Planning Permission

The Principal Planning Officer advised that if the Committee were minded to approve the application the update contained revised conditions.

4.10. P/2016/0792 Brecon Waste Transfer Station, Cwrt Y Plyffin, Llanwern, Brecon, LD3 OTT

Application No: P/2016/0792

Grid Ref: 309072231583

Valid Date: 02/08/2016

Officer: Thomas Boothroyd

Community Council: Felinfach Community Council

Applicant: Mr Simon Kendrick, Powys County Council, County Hall, Llandrindod Wells, Powys, LD1 5LG

Location: Brecon Waste Transfer Station, Cwrt Y Plyffin, Llanwern, Brecon, LD3 0TT

Proposal: Variation of condition 11 of permission P/2014/0851 to allow waste materials to be stored outside of the building

Page 13 Planning, Taxi Licensing & Rights of Way Committee Thursday, 13 October 2016

Application Type: Full Planning Permission

In response to questions, the Planning Officer advised that the waste materials would be stored outside for a short time once bulked, prior to them being collected.

4.11. P/2016/0839 Western Power Distribution Substation, Presteigne Road, Knighton, Powys LD7 1HY

Application No: P/2016/0839

Grid Ref: 329095.59 271524.25

Valid Date: 08/08/2016

Officer: Karen Probert

Community Council: Knighton Community Council

Applicant: Mr Patterson, Greenhouse Close, RES Ltd, Cedar House, Cardiff Gate Business Park, Cardiff, CF23 8RD

Location: Western Power Distribution Substation, Presteigne Road, Knighton, Powys LD7 1HY

Proposal: Siting of a road side cabinet to house remote telecommunications equipment and associated inspection chamber for the Garreg Llwydd Wind Farm project

Application Type: Application for Full Planning Permission

Page 14 Planning, Taxi Licensing & Rights of Way Committee Thursday, 13 October 2016

4.12. P/2016/0850 Land East of Groe Street, The Strand, Builth Wells, Powys, LD2 3DN

Application No: P/2016/0850

Grid Ref: 304148.63 251063.63

Valid Date: 08/08/2016

Officer: Thomas Goodman

Community Council: Builth Wells Town Council

Applicant: Dwr Cymru, Welsh Water, c/o agent

Location: Land East of Groe Street, The Strand, Builth Wells, Powys, LD2 3DN

Proposal: Installation of a control kiosk on concrete plinth

Application Type: Application for Full Planning Permission

5. DECISIONS OF THE HEAD OF REGENERATION, PTLRW97 - 2016 PROPERTY AND COMMISSIONING ON DELEGATED APPLICATIONS

The Committee received for information a list of decisions made by the Head of Regeneration, Property and Commissioning during the period between 13th September and 6th October 2016. The officers were congratulated for the number of applications processed during this period.

The Committee noted schedule of future meeting dates and venues. However, the actual location of meetings would be determined by the applications under consideration.

County Councillor D R Price (Chair)

Page 15 This page is intentionally left blank PTLRW101 - 2016

Planning, Taxi Licensing and Rights of Way Committee 24th November, 2016

For the purpose of the Government (Access to Information) Act 1985, the background papers relating to each individual planning application constitute all the correspondence on the file as numbered in the left hand column.

Applications for consideration by Committee:

Application No: Nature of Development: Community: Location of Development: O.S. Grid Reference: Applicant: Date Received: Recommendation of Head of Planning:

P/2016/1016 Outline: Residential development of up to 49 dwellings, erection of garages, Llandrinio formation of vehicular access and all associated works 327626.5 318295.68 Land off B4393 at Plas Foxen, Four Crosses, Llanymynech, Powys, SY22 6RG.

04/10/2016 Messrs W.R, J.R & T.J Bowker c/o agent.

Recommendation:

Conditional Consent – subject to a Section 106 agreement

P/2016/0932 Full: Erection of 2 detatched dwellinghouses, erection of a detached garage for plot 1, formation of vehicular Machynlleth access road and all associated works

274768.32 302177.77 Land between 14 & 15 Ffordd Mynydd Griffiths, Machynlleth, Powys SY20 8DD 31/08/2016 Mr Patrich Crowley, 1 Mynydd Griffiths, Machynlleth, Powys SY20 8DD

Recommendation:

Conditional Consent

Page 17 P/2016/0849 Outline: Erection of a dwelling and garage

Banwy Plot OS 91778, Land at Llangadfan, Welshpool, Powys, SY21 0PU 300917.85 310838.16 Miss Katy Jones, Timbercote, Llangadfan, 15/08/2016 Welshpool, Powys SY21 0PU

Recommendation: Conditional Consent

P/2016/0137 Outline (all matters reserved): Erection of two dwellings Preseigne Clatterbrune House, Greenfield Road, 331980.68 264127.44 Presteigne, Powys, LD8 2LB

26/01/2016 Mrs K W Wolfe, Greenfield Road, Presteigne

Recommendation: Conditional consent

P/2016/0128 Outline: Development of four residential dwellings Presteigne Clatterbrune, Presteigne Powys, LD8 2LB. 332061.07 264112.63 Mr Gareth Davies 12/02/2016 Recommendation: Conditional Consent

P/2016/0703 Full: Change of Use of office premises to create a single dwelling unit together with Welshpool the erection of a walkway

322509.33 307542.44 First and Second Floor 7 Church Street, Welshpool, Powys SY21 7DL 30/06/2016 Mr Robert Robinson, Welshpool Town Council

Recommendation: Condit Conditional Consent

Page 18 P/2016/0779 Full: Erection of two broiler houses and associated works, improvements to existing Churchstoke access and creation of passing-bay

324285.13 291469.94 Lake Farm, Churchstoke, Montgomery, Powys SY15 6TG 27/07/2016 Mr Nicholas Evans, JD Evans and Son, Lake Farm, Churchstoke

Recommendation: Conditional Consent

P/2016/0043 Full: Erection of an agricultural building to house 32000 hens, provision of effluent Llanbister tank, four no.seed silos and all associated works 315386.59 272991.41 (resubmission of P/2015/0935)

08/01/2016 Great Cantal Farm, Llanbister Road, Llandrindod Wells, LD1 6UD

Mr W Bowen, Great Cantal Farm, Lanbister Road

Recommendation: Conditional Consent

P/2012/0581 Full: Erection of replacement dwelling and an affordable dweeling(semi detached) Forden including externsl works, landscaping and a retaining wall (retrospective) 324010.5 306075.11 Barndale, Leighton, Welshpool, SY21 8HH

07/06/2012 Mr R J Walton, Leighton Road, Dykelands, Buttington, Welshpool, Powys, SY21 8HE

Recommendation:

Conditional Consent

TREE/2016/0029 Works to trees subject to a TPO and/or Notification of proposed works to trees in New Radnor conservation areas – Cut down and remove mature sycamore & crown reduction to walnut and apple trees 321595.32 260746.02 Childrens Playground, School Lane, New

Page 19 Radnor, Presteigne, LD8 2SS. 13/09/2016 Powys County Council

Recommendation:

Conditional Consent

Page 20 PTLRW101 - 20162

Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2016/1016 Grid Ref: 327626.5 318295.68

Community Llandrinio Valid Date: Officer: Council: 04/10/2016 Louise Evans

Applicant: Messrs W.R.,J.R. & T.J. Bowker c/o agent

Location: Land off B4393 at Plas Foxen, Four Crosses, Llanymynech, Powys, SY22 6RG

Proposal: Residential development of up to 49 dwellings, erection of garages, formatiion of vehicular access with new estate road and footpaths, provision of public open space and all associated works (outline)

Application Application for Outline Planning Permission Type:

The reason for Committee determination The application requires a committee determination as it is recommended for approval and is a departure from the development plan.

Site Location and Description The site is approximately 2.66Ha in size and is located adjacent to the south eastern edge of the development boundary of Four Crosses (Llandysilio), although it falls within the Community Council area of Llandrinio.

The site itself is currently agricultural land. It is relatively flat, with a slight fall from east to west. The Sarn-wen Brook runs along the western and northern boundary of the site and beyond this lies existing residential development and a football field to the north. On the southern edge of the site is the B4393, beyond which lie a sewerage works and further residential properties. To the east of the site is agricultural land.

The application is an outline application for the development of up to 49 new dwellings. The development would also include the provision of a new mini roundabout to provide access off the B4393 as well as new adoptable roads within the site. The applicant proposes that 20% of the new dwellings will be affordable.

This development has previously been considered by the planning committee under reference P2015 0383. An appeal against non determination is currently pending in relation to this case. The final resolution of the committee in relation to that case was that they were minded to approve subject to conditions and the applicant entering into a section 106 agreement. As an appeal has been lodged, the determination of the application cannot be returned to the Local Planning Authority. The current application has been submitted to allow a decision to be made at a local level rather than by a planning inspectorate.

Consultee Response Llandrinio CC

1 Page 21

The Community Council objects to the above planning application as outlined below and requests the right to speak at the Planning Committee Meeting.

1. Policy GP 1- Development Control This application site lies outside the existing settlement boundary for Four Crosses and Llandrinio and must therefore be considered as a departure from the Plan. It should also be noted that it also lies outside the settlement boundaries in the next Local development Plan which is currently at the pre-examination stage. Any developments outside the settlement boundary should only be considered if it relates to affordable housing.

2. Housing Land Supply Part of the focused changes in the emerging Local Development Plan increases the number of dwellings in Powys to 5,596 of which it is estimated 4500 will be delivered which will meet the housing needs of Powys. This development has been calculated as at least 25% for Large Villages equaling 1250 dwellings. 42 villages have been designated in Powys as Large and therefore approximately 30 dwellings per Large Village. 2 Planning applications have already been received for Llandrinio on sites nearer to the centre of the village for 15 dwellings each and this is beside the site allocated in the LDP for 30 dwellings. Similarly Four Crosses already has a designated site adjacent to the School which has capacity for 32 dwellings. Our Villages are in danger of over-development – the whole purpose of the Unitary and Local development Plans is to provide structure to our Towns, Villages and Hamlets.

3. Contrary to Policy DC9 –Protection of Water Resources Although a 8metre buffer has been stipulated to enable future maintenance of the Sarn Wen Brook no details have been given as to who will organize and pay for this maintenance which will include the removal of the debris when it is cleaned out. The hydrology reports also show that at times of flooding this brook is over 4ft deep which makes it extremely hazardous for children. The same comment also applies to the maintenance of the attenuation pond

4. Contrary to Policy GP4 – Highway and Parking requirements The Community Council regularly receives complaints about the speed of vehicles along the B4393 – the presence of adding a build-out before the roundabout may only cause an extra problem as motorists try to avoid the speed hump. Highways Dept have recently agreed to remove the speed hump by City Lane due to the problems caused by vehicles driving onto the pavement to avoid the speed hump.

5. Inadequate infrastructure The local services cannot cope with this level of additional development – there are no local Dentists, Medical Centre at Four Crosses is struggling to recruit GP’s & residents often have to wait 3 weeks and have to travel to Llanfyllin for an appointment. Llandysilio School would welcome extra pupils but is currently underfunded and reliant on mobile classrooms.

Llandysilio CC

2 Page 22 The Community Council discussed the above application at a meeting held on Thursday 27th October 2016. The Community Council wishes to OBJECT to the above application and request the right to speak at the Planning Committee.

Policy GP1 – Development Control The fundamentals of Planning Policy as in the Unitary development Plan and the emerging Local development Plan must be adhered to otherwise we will lose the settlement patterns and nature of our Villages and Hamlets. This application falls outside the settlement boundary and should therefore only be considered for affordable housing only.

Housing Land Supply The emerging Local development Plan gives a clear breakdown of how the anticipated growth of 5,596 for Powys in the plan period up to 2026 is to be delivered. This breaks down to 1250 dwellings for the 42 Large Villages of Powys which equates to 30 dwellings per village. Another application has also been received for Four Crosses which proposes 30 dwellings again outside the development boundary. Any development should be within the designated boundary.

Policy DC9 – Protection of Water Resources The development site runs alongside the Sarn Wen ditch which is an important drainage feature for the village of Four Crosses. The Community Council is concerned for the safety of any residents because of the depth of the ditch and also concerned as to who will be responsible for the future maintenance and who will pay to have the debris removed when the ditch is cleaned out. The Community Council is also concerned at the introduction of underground storage for surface water drainage – with the presence of 2 main sewer pipes already on this field future maintenance of any of these utilities must not be compromised.

Contrary to Policy GP4 – Highway & parking requirements Many complaints are received by the Community Council not only of speed of vehicles along the B4393 but of vehicles travelling on the pavement to avoid the speed humps. Powys County Council have now agreed to remove the speed hump immediately before the proposed roundabout and we would ask that the Highway Road safety Audit be updated to reflect this important change which will affect the speed of vehicles approaching the roundabout.

Inadequate infrastructure Four crosses is struggling with its current services – Medical Centre is asking for a contribution from any proposed developments to help them expand the Surgery and recruit for GP’s and Llandysilio School would welcome any contribution as it is still relying on mobile classrooms.

This application is a landmark in that if granted it will open the floodgates for further development which will change the character of our Villages forever.

Please protect our Community and adhere to the settlement boundary agreed.

Local Highway Authority

3 Page 23 I refer to the above revised drawings which have been received in connection with the above planning application.

I can confirm that I have no objection in principle to the new mini roundabout providing appropriate Grampian conditions are attached requiring full engineering details. I note this is an outline application with the means of access to be determined at this stage.

It should be noted that I have been made aware that in very close proximity to the proposed roundabout an alleged illegal access has been created by the lowering of kerbs. This has been reported to our Street works Section to take the necessary enforcement action to have these kerbs reinstated to full height kerbs or the applicant submits a retrospective planning application for consideration by the Highway Authority.

In view of the above the following conditions should be attached to any decision notice:-

No development shall commence on site until detailed engineering drawings of the proposed mini-roundabout together with a Stage 2 Safety Audit have been submitted to and approved in writing by the Local Planning Authority and no dwelling hereby permitted shall be commenced until the proposed mini-roundabout has been fully completed in accordance with the approved plans to the written satisfaction of the LPA.

Prior to the opening of the mini-roundabout a Stage 3 Safety Audit shall be undertaken and any works identified within that report shall be fully completed to the written satisfaction of the LPA.

Within 36 months from the opening of the mini-roundabout a Stage 4 Safety Audit shall be undertaken and any works identified within that report shall be fully completed to the written satisfaction of the LPA.

HC1 Prior to the occupation of the dwelling any entrance gates shall be constructed so as to be incapable of opening towards the highway and shall be retained in this position and form of construction for as long as the dwelling/development hereby permitted remains in existence.

HC2 The gradient of the access shall be constructed so as not to exceed 1 in 30 for the first 15 metres measured from edge of the adjoining carriageway along the centre line of the access and shall be retained at this gradient for as long as the development remains in existence.

HC3 The centre line of the first 15 metres of the access road measured from the edge of the adjoining carriageway shall be constructed at right angles to that edge of the said carriageway and be retained at that angle for as long as the development remains in existence.

HC4 Within 5 days from the commencement of the development any internal access road to be constructed shall have a clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 43 metres distant in each direction measured from the centre of the access along the edge of

4 Page 24 the adjoining carriageway and 5.5 metres distant from the edge of the adjoining carriageway and 6.0 metres in each direction. Nothing shall be planted, erected or allowed to grow on the areas of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction for as long as the development hereby permitted remains in existence.

HC7 Within 5 days from the commencement of the development the area of the access to be used by vehicles is to be constructed to a minimum of 410mm depth, comprising a minimum of 250mm of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 15 metres from the edge of the adjoining carriageway. Any use of alternative materials is to be agreed in writing by the Local Planning Authority prior to the access being constructed.

HC9 Prior to the occupation of any dwelling, provision shall be made within the curtilage of the site for the parking of not less than 1 car per bedroom (maximum 3) excluding any garage space provided. The parking areas shall be retained for their designated use in perpetuity.

HC10 The gradient from the back of the footway/verge to the vehicle parking areas shall be constructed so as not to exceed 1 in 36 and shall be retained at this gradient for as long as the dwellings remain in existence.

HC11 Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the parking of all construction vehicles together with a vehicle turning area. This parking and turning area shall be constructed to a depth of 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.

HC14 Any internal side-road junctions shall have a corner radii of 6.0 metres.

HC15 The centre line radii of all curves on the proposed estate road shall be not less than 20 metres.

HC17 Prior to the occupation of the development a 1.8 metre wide footpath shall be provided along the frontage of the development site as indicated on the approved plan and shall be retained at for as long as the development hereby permitted remains in existence.

HC18 All access to the development hereby permitted shall be gained via the existing private driveway. No alternative vehicular or pedestrian access shall be used or created to service the site directly from the county highway for as long as the development remains in existence.

HC19 No building shall be occupied before the estate road carriageway and one footway shall be constructed to and including binder course level to an adoptable standard including the provision of any salt bins, surface water drainage and street lighting in front of that building and to the junction with the county highway.

HC20 The estate road carriageway and all footways shall be fully completed, in accordance with the details to be agreed in writing by the Local Planning Authority, upon the issuing of the Building Regulations Completion Certificate for the last house or within two years from

5 Page 25 the commencement of the development, whichever is the sooner. The agreed standard of completion shall be maintained for as long as the development remains in existence.

HC21 Prior to the occupation of any dwelling the area of the access to be used by vehicles is to be finished in a 40mm bituminous surface course for a distance of 15 metres from the edge of the adjoining carriageway. This area will be maintained to this standard for as long as the development remains in existence,

HC31 The area of each private drive and any turning area is to be metalled and surfaced in bituminous macadam, concrete or block paviours, prior to the occupation of that dwelling and retained for as long as the development remains in existence.

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

REASONS FOR RECOMMENDATIONS

RR1 In the interests of highway safety.

RR2 To ensure that adequate provision is made for highway access onto the County Class B4393 road to serve the approved development in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan.

Building Control

Building regulations application required.

Wales & West Utilities

According to our mains records Wales & West Utilities has no apparatus in the area of your enquiry. However Gas pipes owned by other GT's and also privately owned may be present in this area. Information with regard to such pipes should be obtained from the owners. Safe digging practices, in accordance with HS(G)47, must be used to verify and establish the actual position of mains, pipes, services and other apparatus on site before any mechanical plant is used. It is your responsibility to ensure that this information is provided to all persons (either direct labour or contractors) working for you on or near gas apparatus. Please note that the plans are only valid for 28 days from the date of issue and updated plans must be requested before any work commences on site if this period has expired.

Severn Trent Water

No response received.

NRW

As you are aware the proposals have been subject to detailed consideration when submitted under planning application number P/2015/0383. Our letters dated 1st June 2015 (Ref: SE/2015/119043) and 15th October 2015 (Ref CAS-10649-D8J2) outlined our concerns

6 Page 26 relating to flood risk, impact on the Sarn Wen Brook and surface water disposal. As you are aware from our letter dated 28th June 2016 (CAS-19323-J6K2) we received correspondence from BWB, dated 20th May 2016 and Peter Richards & Co dated 10th June 2016 addressing these concerns.

The developer initially consulted NRW on this application as a pre-application for Major development under article 2D of the Town and County Planning (Development Management Procedure) (Wales) Order 2012. Our response to the pre-application consultation indicated that if the information submitted with the original application P/2015/0383 was re-submitted for the current application, then our previous comments would remain valid (our letter dated 28th June 2016, CAS-19323-J6K2). A copy of our previous response is attached for your convenience and the requirements and conditions within that correspondence should be included in consideration of this current application.

As indicated in the attached letter we have significant concerns with the proposed development as submitted.

We recommend that planning permission should only be given if the requirements within our letter dated 28 June and within this correspondence, can be met. We consider it likely that the concerns can be addressed and would not object provided the proposal meets the requirements we have identified and the proposed conditions are included within any planning permission.

With respect to the specific impact and/or requirements on the Powysland Internal Drainage District your local planning authority may wish to reconsider the imposition of a Section 106.

Further information submitted by the applicant with respect to the impact of the development on Powysland IDD and our further consideration and calculation of the Surface Water Development Contribution may assist you.

Powysland Internal Drainage District

We have been asked to provide an estimate of the Surface Water Development Contribution, which is provided below. However, NRW would reserve its position to comment on the use of a S106 Agreement in relation to this specific issue and to comment on any draft instrument that is provided to us.

I. Land Drainage Consent is required from NRW in its capacity as the Powysland IDD Board for this development site. II. The removal of the existing farm access culvert, as discussed with the developer, will be beneficial to the flow rate of Sarn Wen Brook and ease its maintenance. III. The use of SUDS, as has been outlined in the planning application, will be essential to ensure that the flood risk associated with Sarn Wen Brook and the gravity outfall and pumping station at Sych Pwll are to be mitigated. NRW must be consulted on the final design of the SUDS to ensure maximum benefit is achieved. IV. An 8m wide access strip will be needed for an excavator to maintain Sarn Wen Brook at the development site upon completion. This strip should be clear of obstructions that would hinder the operation of an excavator, e.g. trees, high fences etc.

7 Page 27 V. Confirmation of the ownership of the Sarn Wen Brook and access strip following construction will be required, as the owner will have riparian responsibilities, including removal of arisings from maintenance of the brook if and when required. VI. The reach of Sarn Wen Brook at the development site is prone to silt up with both fines and gravel on a regular basis. As betterment, the developer should consider re- sectioning this reach of the brook to incorporate a low flow channel and berm within the channel cross section so as to reduce the frequency of channel maintenance required, as well as increasing habitat variety. Re-sectioning the channel would also allow the channel sides to have a reduced gradient which would increase safety beside a housing development. The berm within the channel could be used for maintenance access. This possibility and design should be discussed with NRW, as the Powysland IDD Board. VII. A Surface Water Development Contribution will need to be paid. This has been estimated to be £18,685 based upon figures supplied by the developer. This figure can be calculated more accurately once the final construction plans are known. Please see the detailed explanation below:

A Surface Water Development Contribution (SWDC) is being levied as surface water will be discharged from the developer’s site into Sarn Wen Brook, within Powysland IDD, and onto the Sychpwll Pumping Station. As the Powysland IDD Board, NRW is the Statutory Body and must ensure value for the funds collected. Additional surface water runoff from the new development will increase NRWs' cost of maintenance and operating Sychpwll Pumping Station and the brook flowing from the development site to the pumping station.

In respect of the developers Land Drainage Consent and Planning Application, there is a clear obligation on them to pay the Surface Water Development Contribution. In accordance with the principles which are set out in the TAN 15 - Development and Flood Risk 2004 – a contribution shall be made towards the future costs of the downstream watercourse system to accommodate the increased volume of surface water runoff discharged from the developed site.

The rate used to calculate the SWDC is set annually by a group of Drainage Boards known as the Water Management Alliance (WMA). This rate is endorsed, and used by, Drainage Boards throughout the UK. The rate until 31/3/17 is £74,740 per impermeable ha where the discharge rate is unrestricted. Where there is an attenuated discharge from a site to a watercourse, a development charge will still be due to the Board, and in these circumstances the contribution due will be based on one of five ‘bands’ based upon the discharge rate.

Calculation of SWDC for this site:

 Developer’s proposed discharge rate from the site is 5l/s. This falls into the SWDC rate of 20% of full contribution rate (the lowest rate band).  Developer’s current estimation is 1.25ha of impermeable surface area of the 2.66ha site.

Therefore SWDC = 1.25*£74740*20% = £18,685

This sum may change if any of the figures used above change.

SWDC are usually payable in two stages. The contribution covering the first 50% of the increase in impermeable area being payable at the time and rate applicable when the consent is granted by the Board for the discharge, with the contribution for the second 50% of

8 Page 28 the increase in impermeable area being payable at the time and rate applicable when any work starts on site. However, where an application is only submitted to, and/or determined by, the Board after the start of work on site, the entire contribution is payable at the time and rate applicable when consent is granted.

NRW’s Powysland IDD Technical Advisor, James West Tel: 03000 655295 [email protected] should be contacted if any further detail or clarification is required.

It would also be advisable to consult with Severn Trent Water Authority as it may be necessary to re-locate a vacuum sewer that is close to the Sarn Wen brook and required access area.

Scope of NRW Comments

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

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

Welsh Government Transport

No response received.

PCC Rights of Way

No response received.

PCC Affordable Housing Officer

No response received.

PCC Contaminated Land Officer

In relation to Planning Application P/2016/1016 there would be no requirements in respect of land contamination.

PCC Ecologist

EIA Screening Requirement No Powys County Council has screened this proposal for EIA against Schedule 2 of the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 and confirmed in an email dated 31/08/16 that statutory EIA is not required.

9 Page 29 Protected Species & Habitats European Species ☒ An extended Phase 1 ecology survey has been completed by Seasons Ecology and the results provided in a report submitted with the planning application (Seasons Ecology, April 2014); this generally accords with Appendix A of Powys UDP, Interim Development Control Guidance - Biodiversity (April 2009). The report involved a Phase 1 habitat survey of the site and a search of records held within 2km from the Biodiversity Information Service. A site walkover survey was completed on 7th April 2014, so the information contained in the report is now over two years old.

The Local Records Centre has provided previous historical records of floating water-plantain, bat species and otter within 2km of the site (4km for bats).

No evidence of otter was recorded during the site survey but the brook provides suitable commuting habitat for this species; there is a lack of suitable habitat for rest sites. The boundary habitats provide commuting and foraging opportunities for bats. Mature trees present provide roosting opportunities for bats.

The ecology report (Seasons Ecology, April 2014) recommends a sensitive lighting scheme to avoid impacts on boundary features used by commuting and foraging bats as well as mature trees suitable for roosting, and recommends planting enhancement measures for bat prey species. Further surveys are required for bats if any mature trees are to be affected. The report also concludes that the protection of Sarn-wen Brook with a 3m buffer and sensitive lighting would avoid any impact on otters.

UK Species ☒ The Local Records Centre has provided previous historical records of grass-wrack pondweed, 23 bird species (including house sparrow, common starling and song thrush) badger and grass snake within 2km of the site.

During the site survey a possible Water Vole burrow was observed in Sarn-wen brook but no further evidence of this species. The arable habitat and boundary hedgerows provide foraging opportunities and shelter for badgers within the site, but no evidence of these was recorded. The hedgerows and boundary habitats also provide nesting and foraging opportunities for a range of passerine (perching) bird species. Low numbers of widespread reptile species are likely to use the marginal habitats associated with the site.

The ecology report (Seasons Ecology, April 2014) concludes that the protection of Sarn-wen Brook with a 3m buffer and sensitive lighting would avoid any impact on water vole. A water vole survey is required if any works are to be undertaken within 6m of the watercourse. Habitat clearance should be undertaken outside the bird nesting season, or after being checked by an ecologist immediately in advance. Enhancements for bird species are also recommended, including nest boxes, suitable planting and sensitive woodland edge management. The report also recommends that vegetation suitable for reptiles should be removed during the reptile active season (March– Oct) after being checked by an ecologist immediately in advance, and a buffer strip of grass retained in front of retained hedgerows as well as provision of log/stone piles as further enhancement.

10 Page 30 Section 7 Species & Habitat ☒ The applicant should be mindful that, in accordance with Powys County Council’s duty under Section 7 of the Environment (Wales) Act 2016, TAN 5, UDP policies and biodiversity SPG, as part of the planning process PCC should ensure that there is no net loss of biodiversity or unacceptable damage to a biodiversity feature.

The Local Records Centre has provided previous historical records of brown hare, hedgehog and 3 butterfly species listed as Section 7 priority species within 2km of the site.

Hedgerows, trees and the Sarn-wen brook border the site and are valued at the local level. The arable habitat and boundary hedgerows provide foraging opportunities and shelter for brown hare and hedgehog within the site, but no evidence of these was recorded. There is limited habitat available for wall and small heath butterflies. The brook is suitable to support various fish species.

The ecology report (Seasons Ecology, April 2014) makes recommendations for the protection of Sarn-wen brook, including establishing a 3m buffer from the top of the bank, the retention and protection of boundary hedgerows (particularly 2 -4, of importance for mature trees and bluebells), construction mitigation measures to protect these habitats and also suggests enhancements. The report also recommends that any hedgerow removal avoids the hedgehog hibernation season (Nov – Feb) and that suitable habitat is checked for hedgehogs immediately in advance of works commencing.

LBAP Species & Habitat ☒ The Local Records Centre has provided previous historical records of 26 locally important plant species, 8 locally important bird species, 11 locally important invertebrate species and stoat within 2km of the site.

As well as the species mentioned above, the adjacent hedgerows are considered to provide suitable habitat for a range of invertebrates. Bluebell was recorded along the site’s southern boundary.

Protected Sites International Sites (within 2km) ☒ The Montgomery Canal SAC is located approximately 1.1km west of the site. There are no other European sites within 2km, or European sites with bats as a specific feature within 4km.

National Sites (within 500m) ☐ There are no statutory national sites within 500m of the proposals.

Local Sites (within 500m) ☐ There are no local or non-statutory sites of nature conservation interest within 500m.

Invasive Non-Native Species No The Ecology Report (Seasons Ecology, April 2014) confirms the lack of evidence of invasive, non-native species at the site.

Cumulative Effect Unknown / Unconfirmed

11 Page 31

Summary of recommendations / further assessment or work I would reiterate the Ecology Report (Seasons Ecology, 2014) in recommending that any clearance of mature trees will require the developer to undertake bat surveys in advance. There are also recommendations to check hedgerows and marginal vegetation for reptiles, birds and hedgehogs immediately in advance of clearance, depending on the time of year. Any works within 6m of the watercourse will require a Water Vole survey.

The Ecology Report (Seasons Ecology, 2014) also recommends a 3m buffer along the Sarn- wen Brook and a buffer strip of grass to be retained in front of the boundary hedgerows. I was not able to find confirmation of this in the submitted application. Recommended Conditions Should you be minded to approve this application, I recommend the inclusion of the following conditions:

1) The recommendations regarding species and habitats identified in Section 6 (Table 2) of the Ecological Report by Seasons Ecology dated April 2014 shall be adhered to and implemented in full unless otherwise agreed in writing by the LPA.

Reason: To comply with Powys County Council’s UDP Policies SP3, ENV2 and ENV7 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 7, July 2014), TAN 5: Nature Conservation and Planning and the Environment (Wales) Act 2016.

2) Prior to commencement of development a Pollution Prevention Plan shall be submitted to the Local Planning Authority and implemented as approved and maintained thereafter unless otherwise agreed in writing with the LPA.

Reason: To comply with Powys County Council’s UDP Policies ENV3, ENV4, ENV5 and ENV6 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 7, July 2014), TAN 5: Nature Conservation and Planning and the Environment (Wales) Act 2016.

3) A lighting design scheme to take any impacts on nocturnal wildlife into consideration shall be submitted for written LPA approval.

Reason: To comply with Powys County Council’s UDP Policies SP3 and ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 7, July 2014), TAN 5: Nature Conservation and Planning and the Environment (Wales) Act 2016.

4) Prior to commencement of development a Tree and Hedgerow Protection Plan in accordance with BS:5837:2012 shall be submitted to the Local Planning Authority and implemented as approved and maintained thereafter unless otherwise agreed in writing with the LPA.

Reason: To comply with Powys County Council’s UDP policies SP3, ENV2, ENV3 and ENV6 in relation to The Natural Environment and to meet the requirements of TAN 5: Nature Conservation and Planning, Welsh Government strategies, and the Environment (Wales) Act 2016.

12 Page 32 Informatives

The Ecological Report (Seasons Ecology, April 2015) suggests that a European Protected Species (EPS) licence may be required in support of this development.

Where an offence under Regulation 41 of the Habitat and Species Regulations 2010 (as amended) is likely to occur in respect of this permission hereby granted, no works of site clearance, demolition or construction shall take place which are likely to impact on bat species unless a licence to affect such species has been granted in accordance with the aforementioned Regulations and a copy thereof has been submitted to the local planning authority.

Birds - Wildlife and Countryside Act 1981 (as amended)

All nesting birds, their nests, eggs and young are protected by law and it is an offence to: • intentionally kill, injure or take any wild bird • intentionally take, damage or destroy the nest of any wild bird whilst it is in use or being built • intentionally take or destroy the egg of any wild bird • intentionally (or recklessly in England and Wales) disturb any wild bird listed on Schedule1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird. The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine of up to 5,000 pounds, six months imprisonment or both.

The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) to remove or work on any hedge, tree or building where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built, (usually between late February and late August or late September in the case of swifts, swallows or house martins). If a nest is discovered while work is being undertaken, all work must stop and advice sought from Natural Resources Wales and the Council's Ecologist.

Bats - Wildlife & Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2010 (as amended)

It is an offence for any person to: • Intentionally kill, injure or take any bats. • Intentionally or recklessly damage, destroy or obstruct access to any place that a bat uses for shelter or protection. This is taken to mean all bat roosts whether bats are present or not. Under the Habitats Regulations it is an offence to: • Damage or destroy a breeding site or resting place of any bat. This is an absolute offence - in other words, intent or recklessness does not have to be proved. The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2010 (as amended) that works to trees or buildings where that work involves the disturbance of a bat is an offence if a licence has not been obtained from Natural Resources Wales. If a bat is discovered while work is being undertaken, all work must stop and advice sought from Natural Resources Wales and the Council's Ecologist. You can also call the National Bat helpline on 0845 1300 228 or email [email protected]

13 Page 33 Otters – Wildlife & Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2010 (as amended)

Otters are known to be present on the majority of watercourses in Powys. The otter is fully protected under schedule 5 of the Wildlife and Countryside Act 1981 (as amended) and Schedule 2 of The Conservation of Habitats and Species Regulations 2010 (as amended).

It is therefore an offence to: • Deliberately capture, injure or kill an otter; • Deliberately disturb an otter in such a way as to be likely to significantly affect the local distribution or abundance of otters or the ability of any significant group of otters to survive, breed, rear or nurture their young; • Damage or destroy an otter holt; • Intentionally or recklessly disturb any otter whilst it is occupying a holt; or • Intentionally or recklessly obstruct access to a holt.

Reasonable avoidance measures need to be implemented to ensure minimal impact to otter activity in the local area. These will include: • No night working or lighting of the works area; • Ensuring that no barriers to movement of otters along the river are created; • Keep unnecessary noise to a minimum during the works; and • Do not light any fires close to areas of vegetation.

Relevant UDP Policies SP3 Natural, Historic and Built Heritage ENV 2: Safeguard the Landscape ENV 3: Safeguard Biodiversity and Natural Habitats ENV 4: Internationally Important Sites ENV 5: Nationally Important Sites ENV 6: Sites of Regional and Local Importance ENV 7: Protected Species

Comments on Additional Information Not applicable.

PCC Land Drainage Officer

No response received.

CPAT

I write to confirm that there are no archaeological implications for the proposed development at this location. This has been confirmed by prior archaeological evaluation which returned negative results across the whole application area.

PCC Education Services

No response received.

14 Page 34 PCC Outdoor, Leisure & Recreation

No response received.

Cllr Graham Brown

I'd like to call this in for Committee decision as almost every aspect of it is outside planning policy, not least that it is outside the development boundary.

Representations

One letter of objection has been received in relation to this planning application. The grounds of objection relate entirely to the impact of development on flooding and are summarised as follows:

The confluence of the River Vyrnwy and the River Severn is already the most flood sensitive area in Powys. There is no possibility that any more building on this flood sensitive area cannot fail to cause grievous problems in not only Haughton and Haimwood, but also Rhos Common and Domgay, followed by the wider areas of Llandrinio and Four Crosses themselves. The EA have consistently objected to housing developments in this area and the Plas Foxen Estate together with other housing developments have exacerbated flooding issues in the area already. These developments are reliant on pumps to take water into a river. Several times a year the river is unable to flow and is unable to take additional waters from the pumped areas. Year by year this gets worse leaving devastation for the properties in its wake. The objector has also identified 25 inaccuracies and areas of concern in the reports that accompany the planning application and which are being used to determine the acceptability of the scheme.

Planning History P/2015/0383 - Residential development of up to 49 dwellings & creation of vehicular access - PENDING / CURRENT APPEAL

Principal Planning Constraints Class 2 Road B4393 Sarn Wen Brook (flooding) Powysland Internal Drainage Board Area

Principal Planning Policies

National Planning Policy Planning Policy Wales (8th Edition, 2016) Technical Advice Note 1 - Joint Housing Land Availability Study (2015) Technical Advice Note 2 - Planning and Affordable Housing (2006) Technical Advice Note 5 - Nature Conservation and Planning (2009) Technical Advice Note 12 - Design (2016) Technical Advice Note 15 - Development in Flood Risk Areas (2004) Technical Advice Note 18 – Transport (2007) Technical Advice Note 23 - Economic Development (2014)

15 Page 35 Local Planning Policy

Unitary Development Plan for Powys (2010) UDP SP2 - Strategic Settlement Hierarchy UDP SP3 - Natural, Historic and Built Environment UDP SP4 - Economic Development and UDP SP5 - Housing Development UDP SP6 - Development and Transport UDP SP9 – Local Community Services and Facilities UDP SP14 - Development in Flood Risk Areas UDP GP1 - Development Control UDP GP2 – Planning Obligations UDP GP3 - Design and Energy Conservation UDP GP4 - Highway and Parking Requirements UDP ENV1 - Agricultural Land UDP ENV2 - Safeguarding the Landscape UDP ENV3 - Safeguarding Biodiversity and Natural Habitats UDP ENV7 – Protected Species UDP HP3 - Housing Land Availability UDP HP4 - Settlement Development Boundaries and Capacities UDP HP5 - Residential Development UDP HP6 - Dwellings in the Open Countryside UDP HP7 - Affordable Housing within Settlements UDP HP8 - Affordable Housing Adjoining Settlements with Development Boundaries UDP CS3 – Additional Demand for Community Facilities UDP T2 - Traffic Management UDP TR2 - Tourist Attractions and Development Areas UDP RL6 - Public Rights of Way and Access to the Countryside UDP DC8 – Public Water Supply UDP DC9 – Protection of Water Resources UDP DC10 - Mains Sewerage Treatment UDP DC13 - Surface Water Drainage

Affordable Housing for Local Needs Supplementary Planning Guidance (SPG) (July 2011)

Powys Residential Design Guide

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

Officer Appraisal

Section 38 (6) of the Planning and Compulsory Purchase Act 2004

Members are advised to consider this application in accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, which requires that, if regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise. For the avoidance of doubt, the development plan in this instance is the Powys Unitary Development Plan 2001-2016.

16 Page 36

Outline Application

The application is for outline consent with all matters reserved except access. Should permission be granted, reserved matters (appearance, landscaping, layout and scale) will form separate applications for consideration at a later date. The plans to be considered in relation to this application are:

 Location Plan MB_003A  Site Plan MB_002A  Illustrative Site Layout MB_001F  Access arrangement plans FC-AP-100: Rev E

Principle of Development

The proposed development lies wholly outside the settlement boundary of Four Crosses, as detailed on inset map M133, and would result in up to 49 dwellings being constructed outside the settlement boundary.

Outside of settlement boundaries, UDP Policy HP4 applies and this states that ‘outside settlement boundaries, proposals for new residential development will only be approved where they comply with UDP Policies HP6, HP8 or HP9.’ Policy HP6 relates to rural enterprise dwellings, policy HP8 relates to affordable dwellings adjoining a settlement boundary and Policy HP9 relates to affordable dwellings within rural settlements. It is considered that the proposed development does not comply with UDP Policies HP6, HP8 or HP9. The proposed development is therefore not in accordance with the UDP and should be considered a departure.

Housing Land Supply

The departure is being justified by the applicant on the basis that Powys County Council does not have a 5 year housing land supply.

Paragraph 9.2.3 of Planning Policy Wales states that ‘Local planning authorities must ensure that sufficient land is genuinely available or will become available to provide a 5-year supply of land for housing judged against the general objectives and the scale and location of development provided for in the development plan.’

The Powys Joint Housing Land Availability Study (JHLAS) 2016 states that there was 2.2 years supply of housing land in the Powys Local Planning Authority (LPA) area. Failure to have a 5-year housing land supply is an important material consideration that should be taken into account when determining this scheme. Technical Advice Note 1: Joint Housing Land Availability Studies (2015) states as follows:

“The housing land supply should also be treated as a material consideration in determining planning applications for housing. Where the current study shows a land supply below the 5 year requirement or where the local planning authority has been unable to undertake a study, the need to increase supply should be given considerable weight when dealing with planning

17 Page 37 applications provided that the development would otherwise comply with development plan and national planning policies”.

The JHLAS identified a significant undersupply of housing land within Powys. As mentioned above, TAN 1 confirms that the need to increase supply should be given considerable weight but only where the development would otherwise comply with development plan and national planning policies.

In light of the above, whilst acknowledging that the proposal does constitute a departure from the development plan, Members are advised that the lack of a five year housing supply in Powys does need to be given considerable weight in the determination of this application. However, before reaching a decision, the scheme will need to be considered against other polices contained within the UDP in order for a balanced view to be made on the acceptability of the development overall.

Sustainable Location

When providing additional housing it is important to consider whether the scheme can be considered to be sustainable development. This can relate to a wide range of matters including public transport provision and access to education, employment opportunities and other services.

Four Crosses is considered a key settlement in the UDP. Whilst key settlements do not have as wide a range of services and facilities as the area centres, they normally act as an important service hub to the surrounding area.

It is noted that the settlement of Four Crosses is served by a church (St Tysilio), primary school, community centre, shop, garage, doctor’s surgery, sports pitch and industrial development. It is also noted that it is served by bus routes with regards to public transport.

In light of the above, the site is considered to be a sustainable due to the amenities and services provided locally and additional residential development in this location would accord with the provisions of Planning Policy Wales in so far as it is a sustainable location.

Affordable housing provision

With regards to affordable housing provision, the Unitary Development Plan Policy HP7 requires, among other matters, the provision of affordable housing within applications for five or more dwellings. The proportion secured should be based on the extent and type of need identified by a robust data source.

The Affordable Housing for Local Needs Supplementary Planning Guidance (SPG) states that our starting point for affordable housing provision on schemes of more than 5 dwellings should be 30-35%. However, the Viability Assessment forming part of the evidence base for the Local Development Plan identifies a guideline of 20% affordable provision in this area of Powys. It is contended that the CIL Viability Assessment provides a more up to date and robust basis for determining the affordable housing contribution than the now historic “guideline” figure contained within the UDP and on that basis, the 20% provision figure suggested is considered to be reasonable in this instance.

18 Page 38

In light of this, the proposal is considered compliant with the principle of policy HP7.

Impact on historic environment

Listed Buildings:

The general duty with regards to listed buildings in exercising planning functions is set out within Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990. It states that the local planning authority shall have special regards to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses when considering whether to grant planning permission for a development. This duty is echoed in UDP policy ENV14.

There are no listed structures immediately adjoining the development site but there are a number of listed features within the settlement of Four Crosses. Although this is acknowledged, the development is not considered to impact these assets either directly or indirectly.

Ancient monuments:

The desirability of preserving a scheduled ancient monument and its setting is a material consideration in determining a planning application whether the monument is scheduled or not. This is set out in Planning Policy Wales and Circular 60/96. UDP policies ENV17 and ENV18 also set out this consideration at a local level.

The Clwyd Powys Archaeological Trust (CPAT) acts as Powys Planning Authority’s advisor on matters relating to archaeology. On first submission of the application they advised that the development lies in an area of high archaeological potential, the full extent of which could only be revealed through a pre-determination archaeological evaluation. The evaluation was received in August 2015 and further comments from CPAT confirmed that no features of high archaeological value were found to be present and therefore no objection has been raised to the development proceeding.

Design and layout

Guidance contained within UDP policy HP5 indicates that residential development will be permitted where the development is of an appropriate scale, form and design and general character, to reflect the overall character and appearance of the settlement and surrounding area.

Whilst design and layout are reserved and will be dealt with at a later point in time, it is relevant to consider whether the number of dwellings proposed could be appropriately developed on the site.

The indicative layout resembles a modern residential layout which is broadly comparable to the existing development to the west. More importantly it shows that up to 49 dwellings could be accommodated on the site. Detailed design will follow at a later date (if this application is

19 Page 39 permitted) and this will give the opportunity to ensure the dwellings are designed in an appropriate manner to accord with the character of the settlement.

Impact on residential amenity

UDP policy GP1 states that development proposals will only be permitted where the amenities enjoyed by the occupants of nearby or proposed properties will not be unacceptably affected. More specific guidance is set out in the Powys Residential Design Guide.

Although layout is a reserved matter, consideration has been given to the potential separation distances between properties, as well at their siting and orientation. The most sensitive location for the development regarding this matter will be along the north western boundary of the site where it adjoins existing residential development along Birch and Chestnut Close. Although the properties from the proposed development will front the existing dwellings, there is considered to be a reasonable degree of separation such that the proposal would not unacceptably harm the amenity of these dwellings in planning terms. Clearly, the layout at this stage is indicative and full consideration of this matter will be given at the reserved matters stage when full details of the scheme will be available.

The comments from the Environmental Health Department are noted with regards to the potential for amenity to be affected during the construction phase of the development and the suggested condition to control this matter has been set out at the end of this report.

It is considered that the proposal is capable of according with UDP policy GP1 and the guidance set out in the Powys Residential Design Guide so far as it relates to residential amenity.

Landscape and visual impacts

UDP Policy ENV2 states that proposals should ‘take account of the high quality of the landscape throughout Powys and be appropriate and sensitive to the character and surrounding landscape’. It goes on to state that proposals which are acceptable in principle should ‘contain appropriate measures to ensure satisfactory Integration into the landscape’.

The site occupies an edge of settlement location which adjoins open countryside and therefore the locality is considered to be sensitive to visual change. In terms of LANDMAP Visual Sensory Areas (VSA), the site sits within the River Severn Floodplain (MNTGMVS650) which has a moderate evaluation but sits adjacent to Four Crosses VSA (MNTGMVS635) which has a low classification. The area is characterised by a ‘dispersed collection of linear settlements surrounding the junctions of the A483(T) and the B4393 comprising Llandrinio, Rhos Common and Four Crosses. No defined village centre, rather an amalgamation of smaller settlements into one’. LANDMAP sets out the key elements that should be changed are to ‘encourage development as a more nucleated settlement rather than sprawling linear settlement’. The proposed development is considered to meet such objectives and occupies a site between the settlements of Four Crosses and Rhos Common.

In terms of landscaping, the submission indicates that the proposal would provide an opportunity to provide additional native landscaping which would assist in mitigating visual

20 Page 40 impact. Landscaping is a reserved matter and therefore detailed proposals would be considered at a later date.

Whilst the site would be visible from public vantage points including the public highway and public rights of way and that the proposal would result in a visual change in comparison to the current agricultural use, taking into account the location adjacent to an existing residential estate, the development is considered to be acceptable. Furthermore, taking into account the character of existing development in the locality, and that landscaping measures would reduce the visual impact, the proposed scale of the development is considered to reflect the character of the development that has occurred along the highway within Four Crosses, it is considered that a satisfactory detailed design could come forward to reflect the overall character and appearance of the settlement and surrounding area.

Impact on highway network and parking arrangements

UDP policy GP4 requires adequate highway provision in terms of a safe access, visibility, turning and parking.

Access to the development will be off the B4393. It is located within the 30mph speed limit but is close to a sharp bend in the road alignment. The development proposes a mini roundabout within the B4393 to serve the development along with a traffic calming feature to reduce speeds on the B4393 northbound approach (the southbound approach already contains such features). In addition, approximately 30 metres of buff coloured high friction surfacing is proposed on the B4393 approaches.

The proposed scheme has been subject to Road Safety Audits and consideration by the Local Highway Authority who have concluded that the scheme is acceptable in highway safety terms subject to the use of conditions to control certain matters. Some of the proposed conditions have been amended in order to meet the requirements set out in Circular 016/2014 but the objectives of the conditions remains.

It is considered that subject to conditions the proposal in respect of highway safety is acceptable and accords with the provisions of UDP policy GP4.

Sewage disposal

The application details that the site will be served by mains systems in respect of the disposal of foul waters. The proposed use of mains sewerage disposal is complaint with UDP policy DC10.

Severn Trent Water have confirmed that they do not object to the proposed development subject to conditions relating to the agreement of surface and foul water drainage plans and have not raised concerns about the capacity of the system.

It is therefore considered that proposal in this regard is acceptable subject to conditions which have been attached at the end of this report.

Surface water drainage and flood risk

21 Page 41 The application site is within Zone A of the TAN15 Development Advice Maps (areas not at risk of flooding). However, the Sarn Wen Brook runs along the western boundary of the site and flooding from this feature is not contained within the DAM maps due to the size of its catchment (less than 3 square kilometres). The site does, however, fall within Powysland Internal Drainage District which is now the responsibility of Natural Resources Wales. The Sarn Wen Brook is an important watercourse within the district as it carries the water from the A483 and the village of the Four Crosses to the pumping station at Sychpwll, where it discharges to the river Vyrnwy.

From the outset of consultation on this application Natural Resources Wales has expressed concern with the development and lack of information regarding the consequences of flooding. Given the nature and scale of the development, it is necessary to be aware, prior to determination, of how the development could be affected by flood risk and how much land may be required to provide above ground surface water attenuation facilities. The requested information has now been submitted and considered by Natural Resources Wales, the resulting conclusion being that the development is capable of being acceptable subject to a number of conditions being met and attached to any planning permission granted.

The conditions address the finish floor level of the dwellings, the removal of a culvert (which poses a blockage risk), the provision of an 8 metre maintenance buffer along the brook, and full details of the surface water regulation system. Furthermore a contribution to the Internal Drainage District is requested for Sarn Wen channel maintenance and the operation of the pumping station for the lifetime of the development.

Therefore, it is resolved that subject to the use of conditions and planning obligations, the development can be made acceptable with regards to both flood risk and surface water drainage.

Impact on Ecology

The Council acknowledges the need to protect biodiversity from adverse development through careful monitoring, maintenance and the protection of habitats and species worthy of conservation. Therefore the nature conservation polices in the UDP seek to safeguard and enhance biodiversity, and these objectives are also echoed in national policy (TAN5 and Planning Policy Wales).

The application is supported by an extended phase 1 habitat survey as well as an arboricultural survey, impact assessment and draft tree protection plan. The tree plan indicates that a number of existing trees will be retained within the development and that the proposed landscaping plan will provide opportunities for additional tree and hedgerow planting. Full consideration of this matter will also take place at the reserved matters stage and it is not considered that any individual trees need to be the subject of tree preservation orders at this time.

Consultation with Natural Resources Wales has identified that there is potential for the development to have an adverse impact on both otter and water vole which are European Protected Species. It is recommended that any development approved should contain a 6 metre buffer zone between any development and the Sarn-Wen Brook in order to safeguard

22 Page 42 the species. The provision, ownership and management of the buffer strip will need to be agreed through a planning obligation.

In light of the above, the ecological impacts are likely to be acceptable subject to the provision of a buffer zone running along the edge of the brook.

Education and Recreation

Planning Authorities are permitted to seek planning obligations from developers of land in accordance with Circular 13/97. Development Management has consulted the Education Department and the Recreation Officer to see whether any planning obligations are necessary to serve the development.

The consultation on this application did not receive any response from these departments; however, we do have the benefit of consultation responses in relation to application P/2015/0383 which confirmed that 88 children are enrolled at the local primary school which has a capacity of 112 pupils. Approximately 10 to 13 children are likely to be generated by the development of 49 dwellings which will not exceed the capacity of the school. No education contribution is therefore considered to be justified.

With regards to open space, it is noted that Powys County Council does not have a play area with fixed equipment near to the proposed development. The indicative layout does show the provision of public open space but a management agreement will need to be secured through a section 106 agreement. It is considered reasonable that an equipped play area would be provided within the development and sufficient land has been allocated for such within the indicative proposals. The provision of this space/equipment and the maintenance thereafter will be a matter for the section 106 agreement.

Recommendation

Although it is noted that the proposed development is a departure from the adopted development plan, considerable weight must be given to the need to increasing housing land supply. The proposed development is for the provision of 49 dwellings in a sustainable location. It is considered that the material consideration of the lack of housing land supply within the county warrants the approval of this development contrary to the provisions of the development plan. Consideration has been given to all material planning matters and it is considered that all issues can be adequately dealt with through the imposition of conditions or though planning obligations.

It is recommended that the application be approved subject to the conditions set out below and subject to the applicant entering into a Section 106 agreement to secure the following:

 Provision of affordable housing  A monetary contribution to the Powysland Internal Drainage District (NRW) for costs relating to the management of the Sarn-Wen Brook.  A management agreement for the land the subject of the buffer zone relating to the safeguarding of otter and water vole.  A management agreement for open space on site.

23 Page 43 Conditions:

1. Details of the layout, appearance, landscaping and scale, (hereinafter called ""the reserved matters"") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

2. Any application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission.

3. The development shall begin either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

4. A scaled plan showing the location of the affordable residential units shall be submitted to the Local Planning Authority at the same time as the other reserved matters referred to in Condition No. 1.

5. An affordable housing phasing statement detailing the precise phasing (completion details) of the affordable units proposed shall be submitted for approval at the same time as the other reserved matters referred to in Condition No. 1. The development shall be implemented in full accordance with the approved scheme.

6. The affordable dwellings shall have a maximum gross floor area of 130 square metres (measured internally and including garages where designed as an integral part of the dwelling) and notwithstanding the provisions of schedule 2, part 1, classes A, B, C and E of the Town and Country Planning (General Permitted Development) Order 1995 (as amended for Wales) (or any order revoking and re-enacting that order with or without modification), the affordable dwelling shall not be subject to extensions, roof alterations and buildings other than those expressly authorised by the reserved matters approval.

7. The development hereby permitted must be served by the public foul sewerage system (mains) prior to the occupation of any of the units.

8. No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water regulation system including the use of Sustainable Urban Drainage Systems and above ground storage as detailed within the Peter Richards & Co letter dated 10th June 2016, has been submitted to and approved in writing by the Local Planning Authority. Surface water generated from the site shall be limited to the equivalent greenfield runoff rate for the site. The scheme shall be implemented in accordance with the approved details.

9. The existing site access culvert (Grid Ref SJ27595 18335) must be removed. Prior to commencement of the removal, a detailed method statement must be submitted for approval and include a timetable for works. The development shall only take place in accordance with the agreed details.

10. An 8metre wide access strip is required along the entire length of the Sarn Wen Brook on the development site, with entry/exit points suitable for a 13 tonne excavator. This

24 Page 44 access strip must be kept free of structures, fencing and other obstructions and there must be no raising of ground levels within this margin.

11. Detailed plans must include a buffer zone running contiguous to the river for the protection of Otter and Water vole.

12. 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 any of the units 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. 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.

13. Prior to the construction of the dwellings hereby approved details or samples of the materials to be used in the construction of the external surfaces of the dwellings shall be submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

14. No development shall commence on site until detailed engineering drawings of the proposed mini-roundabout together with a Stage 2 Safety Audit have been submitted to and approved in writing by the Local Planning Authority and no dwelling hereby permitted shall be commenced until the proposed mini-roundabout has been fully completed in accordance with the approved plans.

15. Prior to the opening of the mini-roundabout a Stage 3 Safety Audit shall be undertaken and any works identified within that report shall be fully completed in accordance with the agreed details prior to the first use of the roundabout.

16. Within 36 months from the opening of the mini-roundabout a Stage 4 Safety Audit shall be undertaken and any works identified within that report shall be fully completed within a timescale to also be agreed with the Local Planning Authority.

17. Prior to the occupation of the dwelling any entrance gates shall be constructed so as to be incapable of opening towards the highway and shall be retained in this position and form of construction for as long as the dwelling/development hereby permitted remains in existence.

18. The gradient of the access shall be constructed so as not to exceed 1 in 30 for the first 15 metres measured from edge of the adjoining carriageway along the centre line of the access and shall be retained at this gradient for as long as the development remains in existence.

19. The centre line of the first 15 metres of the access road measured from the edge of the adjoining carriageway shall be constructed at right angles to that edge of the said carriageway and be retained at that angle for as long as the development remains in existence.

20. Within 5 days from the commencement of the development any internal access road to be constructed shall have a clear visibility from a point 1.05 metres above ground level at

25 Page 45 the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 43 metres distant in each direction measured from the centre of the access along the edge of the adjoining carriageway and 5.5 metres distant from the edge of the adjoining carriageway and 6.0 metres in each direction. Nothing shall be planted, erected or allowed to grow on the areas 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.

21. Within 5 days from the commencement of the development the area of the access to be used by vehicles is to be constructed to a minimum of 410mm depth, comprising a minimum of 250mm of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 15 metres from the edge of the adjoining carriageway. Any use of alternative materials is to be agreed in writing by the Local Planning Authority prior to the access being constructed.

22. Prior to the occupation of any dwelling, provision shall be made within the curtilage of the site for the parking of not less than 1 car per bedroom (maximum 3) excluding any garage space provided. The parking areas shall be retained for their designated use in perpetuity.

23. The gradient from the back of the footway/verge to the vehicle parking areas shall be constructed so as not to exceed 1 in 36 and shall be retained at this gradient for as long as the dwellings remain in existence.

24. Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the parking of all construction vehicles together with a vehicle turning area. This parking and turning area shall be constructed to a depth of 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.

25. Any internal side-road junctions shall have a corner radii of 6.0 metres.

26. The centre line radii of all curves on the proposed estate road shall be not less than 20 metres.

27. Prior to the occupation of the development a 1.8 metre wide footpath shall be provided along the frontage of the development site as indicated on the approved plan and shall be retained at for as long as the development hereby permitted remains in existence.

28. All access to the development hereby permitted shall be gained via the existing private driveway. No alternative vehicular or pedestrian access shall be used or created to service the site directly from the county highway for as long as the development remains in existence.

29. No building shall be occupied before the estate road carriageway and one footway shall be constructed to and including binder course level to an adoptable standard including the provision of any salt bins, surface water drainage and street lighting in front of that building and to the junction with the county highway.

26 Page 46 30. The estate road carriageway and all footways shall be fully completed, in accordance with the details to be agreed in writing by the Local Planning Authority, upon the issuing of the Building Regulations Completion Certificate for the last house or within two years from the commencement of the development, whichever is the sooner. The agreed standard of completion shall be maintained for as long as the development remains in existence.

31. Prior to the occupation of any dwelling the area of the access to be used by vehicles is to be finished in a 40mm bituminous surface course for a distance of 15 metres from the edge of the adjoining carriageway. This area will be maintained to this standard for as long as the development remains in existence,

32. The area of each private drive and any turning area is to be metalled and surfaced in bituminous macadam, concrete or block paviours, prior to the occupation of that dwelling and retained for as long as the development remains in existence.

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

34. Prior to the commencement of work a construction method statement detailing and addressing the issues of construction noise and dust from the site together with proposed mitigation measures to protect residential amenity shall be submitted to and approved in writing by the Local Planning Authority. The development shall only take place in accordance with the agreed details.

35. The recommendations regarding species and habitats identified in Section 6 (Table 2) of the Ecological Report by Seasons Ecology dated April 2014 shall be adhered to and implemented in full.

36. Prior to commencement of development a Pollution Prevention Plan shall be submitted to the Local Planning Authority and implemented as approved and maintained thereafter.

37. A lighting design scheme to take any impacts on nocturnal wildlife into consideration shall be submitted to and approved in writing by the Local Planning Authority and thereafter implemented as approved.

38. Prior to commencement of development a Tree and Hedgerow Protection Plan in accordance with BS:5837:2012 shall be submitted to the Local Planning Authority and implemented as approved and maintained thereafter.

Reasons:

27 Page 47 5 & 6. In order to ensure the provision of affordable housing in accordance with Policy of HP7 of the Powys Unitary Development Plan (2010) and the Affordable Housing for Local Needs Supplementary Planning Guidance (2011). 7. To ensure that development is served by the public system in accordance with policy DC10 of the Powys Unitary Development Plan. 8 to 10.To ensure that the proposed surface water drainage system for the site are fully compliant with regulations and are of robust design in accordance with policy DC13 of the Powys Unitary Development Plan. 11. To comply with Policies SP3, ENV3 and ENV7 of the Powys Unitary Development Plan (2010) in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, January 2016), TAN 5: Nature Conservation and Planning. 12. To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment, visual amenity and privacy in accordance with policies GP1 and ENV2 of the Powys Unitary Development Plan. 13. In the interests of the visual amenity of the area and to ensure the satisfactory appearance of the building in accordance with policies GP1 and GP3 of the Powys Unitary Development Plan and the Council’s Residential Design Guide. 14 to 33. In the interests of highway safety in accordance with policies GP1 and GP4 of the Powys Unitary Development Plan. 34. To safeguard residential amenity in accordance with policy GP1 of the Powys Unitary Development Plan. 35. To comply with Powys County Council’s UDP Policies SP3, ENV2 and ENV7 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 7, July 2014), TAN 5: Nature Conservation and Planning and the Environment (Wales) Act 2016. 36. To comply with Powys County Council’s UDP Policies ENV3, ENV4, ENV5 and ENV6 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 7, July 2014), TAN 5: Nature Conservation and Planning and the Environment (Wales) Act 2016. 37. To comply with Powys County Council’s UDP Policies SP3 and ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 7, July 2014), TAN 5: Nature Conservation and Planning and the Environment (Wales) Act 2016. 38. To comply with Powys County Council’s UDP policies SP3, ENV2, ENV3 and ENV6 in relation to The Natural Environment and to meet the requirements of TAN 5: Nature Conservation and Planning, Welsh Government strategies, and the Environment (Wales) Act 2016.

Informative The Ecological Report (Seasons Ecology, April 2015) suggests that a European Protected Species (EPS) licence may be required in support of this development.

28 Page 48 Birds - Wildlife and Countryside Act 1981 (as amended)

Bats - Wildlife & Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2010 (as amended)

Otters – Wildlife & Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2010 (as amended)

29 Page 49 • Damage or destroy an otter holt; • Intentionally or recklessly disturb any otter whilst it is occupying a holt; or • Intentionally or recklessly obstruct access to a holt.

______Case Officer: Louise Evans- Planning Officer Tel: 01938 551127 E-mail:[email protected]

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Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2016/0932 Grid Ref: 274768.32 301217.77

Community Machynllet Valid Date: Officer: Council: 31/08/2016 Tamsin Law

Applicant: Mr Patrick Crowley, 1 Mynydd Griffiths, Machynlleth, Powys, SY20 8DD

Location: Land between 14 & 15 Ffordd Mynydd Griffths, Machynlleth, Powys, SY20 8DD

Proposal: Erection of 2 detached dwellinghouses, erection of a detached garage for plot 1, formation of vehicular access road and all associated works

Application Application for Full Planning Permission Type:

The reason for Committee determination The proposed development constitutes a departure from the adopted Powys Unitary Development Plan. As such, the application is required to be determined by Members of the Planning, Taxi Licensing and Rights of Way Committee

Site Location and Description Full planning permission is sought for the erection of two dwellings and associated works at land between and to the rear of 14 and 15 Mynydd Griffiths, Machynlleth.

The application site currently forms part of an area of open land which is bound to the north, east and south by agricultural land and to the west by existing dwellings on Ffordd Mynydd Griffiths. The site slopes upwards away from the road and flattens out at the application site. The site is accessed off the Ffordd Mynydd Griffiths estate to the northern side of the town of Machynlleth. The site lies outside the development boundary of Machynlleth as defined by the Powys Unitary Development Plan (2010).

Plot 1 to the north of the site will measures a maximum of 11.6 metres in width, a maximum of 9.3 metres in depth with a maximum height of 8 metres falling to 4.8 metres at the eaves. This plot will benefit from a detached garage for one vehicle that measures a maximum of 4.9 metres in width, 6.7 metres in depth with a maximum height of 3.9 metres falling to 2.2 metres at the eaves.

Plot 2 in the southern section of the site will measure a maximum of 7.4 metres in width, a maximum of 12.9 metres in length, with a maximum height of 7.5 metres falling to 5 metres at the eaves.

It is proposed to finish both dwellings with rendered and timber clad walls, high performance timber windows and doors and a natural slate roof.

Page 53 Consultee Response Machynlleth Town Council The Members of Machynlleth Town Council discussed this application at a recent meeting and agreed with the concerns of a number of residents of Ffordd Mynydd Griffiths regarding this proposed development on a location where previous applications have been unsuccessful.

Therefore Machynlleth Town Council objects to the current Planning Application to erect two dwelling houses on land between 14 & 15 Ffordd Mynydd Griffiths, Machynlleth.

Highways Authority 1st Response I have no objection in principle to the scheme. However, it must be noted that due to the design of the roadway and the potential for further development of this said road then the Highway Authority will have no alternative than to serve Advance Payment Code Notices under the Highways Act 1980. This will trigger a payment of monies to the Authority on the issue of Building regulation approval. I am flagging this issue now as it would mean a re- design of the highway in order to meet Highway adoptable standards.

2nd Response Further to my previous communication the comments of which are still valid please attach the following conditions:-

HC1 Prior to the occupation of any dwelling any entrance gates shall be constructed so as to be incapable of opening towards the highway and shall be retained in this position and form of construction for as long as the dwelling/development hereby permitted remains in existence.

HC2 The gradient of the access shall be constructed so as not to exceed 1 in 15 for the first 15 metres measured from edge of the adjoining carriageway along the centre line of the access and shall be retained at this gradient for as long as the development remains in existence.

HC4 Within 5 days from the commencement of the development the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 25 metres distant in each direction measured from the centre of the access along the edge of the adjoining carriageway and 5.5 metres distant from the edge of the adjoining carriageway and 6.0 metres in each direction. Nothing shall be planted, erected or allowed to grow on the areas of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction for as long as the development hereby permitted remains in existence.

HC7 Within 5 days from the commencement of the development the area of the access to be used by vehicles is to be constructed to a minimum of 410mm depth, comprising a

Page 54 minimum of 250mm of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 15 metres from the edge of the adjoining carriageway. Any use of alternative materials is to be agreed in writing by the Local Planning Authority prior to the access being constructed.

HC9 Prior to the occupation of any dwelling, provision shall be made within the curtilage of the site for the parking of not less than 1 car per bedroom (maximum of 3) excluding any garage space provided. The parking areas shall be retained for their designated use in perpetuity.

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

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

REASONS FOR RECOMMENDATIONS

RR1 In the interests of highway safety

Building Control No comments received by Development Management at the time of writing this report.

Wales & West Utilities No comments received by Development Management at the time of writing this report.

Severn Trent Water Thank you for the opportunity to comment on this planning application. Please find our response noted below:

Waste Water Comments With Reference to the above planning application the company’s observations regarding sewerage are as follows.

I can confirm having checked our statutory sewer records this site is not within Severn Trent’s Waste Water area and therefore we have no comment to make.

Page 55 Welsh Water We refer to your planning consultation relating to the above site, and we can provide the following comments in respect to the proposed development.

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 surface water and/or land drainage shall be allowed to connect directly or indirectly with the public sewerage network

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

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.

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]

Affordable Housing Officer No comments received by Development Management at the time of writing this report.

Page 56

Land Drainage Officer In response to your consultation regarding the above mentioned application, the LLFA would make the following comments/recommendation.

Land Drainage / Flood Risk

Comment: The Authority holds no historical flooding information relating to the site.

Surface Water Run-off

Observation: No surface water drainage details/drawing(s) have been submitted. However, Item 21 – Assessment of Flood Risk on the submitted Application form indicates that surface water run-off is to drain to ‘soakaway’. The LLFA would support this concept. However, the LLFA is aware that there are public surface water sewers maintained by Welsh Water Dwr Cymru serving the Ffordd Mynydd Griffths development.

Comments: The site is regarded Greenfield. Therefore, proposed surface water flows should be equivalent to existing Greenfield 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 Greenfield run-off 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 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 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 dwellings are occupied. The scheme to be submitted shall show foul drainage being connected to the public sewerage system.

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 Welsh Water Dwr Cymru. 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 57 Cllr Michael Williams I have viewed the plans and supporting papers regarding application P/2016/0932; I can confirm that I shall not be invoking the council’s ‘call-in’ procedure.

Contaminated Land Officer In relation to Planning Application P/2016/0932 the following advice is provided for the consideration of Development Control.

Advice 1. Historic ordnance survey (OS) maps identify that the application site was formerly occupied by a quarry. The location of the former quarry is currently identified as an area of unknown filled ground. As a consequence of the application site’s former land use and the presence of the area of unknown filled ground there is potential for the occurrence of land contamination.

2. Advice in relation to a previous Planning Application (ref: P/2012/0748) on the application site was provided to Development Control in a memorandum (ref: PP/R/DJ/APT/WK201209528) dated 16th July 2012.

3. Paragraph 13.5.1, of Chapter 13 ‘Minimising and Managing Environmental Risks and Pollution’, of the Welsh Government document ‘Planning Policy Wales’ (2016) advises: “responsibility for determining the extent and effects of instability or other risks. It is for the developer to ensure that the land is suitable for the development proposed, as a planning authority does not have a duty of care to landowners”.

4. Based on the above information it is recommended that the following Condition and Note to the applicant are attached to any permission granted for Planning Application P/2016/0932:

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:

• human health,

Page 58 • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, • adjoining land, • groundwaters and surface waters, • ecological systems, • archaeological 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.

Page 59 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.

Representations The application was advertised through the erection of a site notice and a press advertisement. Four representations have been received and are summarised below;

 Concerns over the surface water and drainage  Concerns over the capacity of the waste water and sewage system to accept additional input.  Concerns over the proposed access – steep with a sharp bend  Concerns over the potential increase in traffic  Harmful encroachment on the surrounding countryside contrary to HP4 and HP8  Visual and landscape impact, elevated and sky-lined development contrary to GP1 and ENV2  Significant impact on the amenity and privacy of existing properties  Unsuitable form of backland development

Planning History P/2011/0830 - Erection of 2 dwellings and associated works (outline) - WITHDRAWN

P/2012/0748 – Outline: Erection of a single dwelling. Refused.

Principal Planning Policies

Page 60 National Policies Planning Policy Wales (Edition 8, January 2016) TAN 1 - Joint Housing Land Availability Studies (2015) TAN 2 - Planning and Affordable Housing (2006) TAN 5 - Nature Conservation and Planning (2009) TAN 6 - Planning for Sustainable Rural Communities (2010) TAN 12 - Design (2014) TAN 15 - Development and Flood Risk (2004) TAN 18 - Transport (2007)

Local Policies Powys Unitary Development Plan (2010) UDP DC1 - Access by Disabled Persons UDP DC13 - Surface Water Drainage UDP DC14 - Flood Prevention Measures UDP DC15 - Development on Unstable or Contaminated Land UDP ENV 1 - Agricultural Land UDP ENV 3 - Safeguarding Biodiversity & Natural Habitats UDP GP1 - Development Control UDP GP2 - Planning Conditions and Obligations UDP GP3 - Design and Energy Conservation UDP GP4 - Highway and Parking Requirements UDP HP10 - Affordability Criteria UDP HP4 - Settlement Development Boundaries and Capacities UDP HP5 - Residential Developments UDP HP6 - Dwellings in the Open Countryside UDP HP7 - Affordable Housing within Settlements UDP HP8 - Affordable Housing Adjoining Settlements with Development Boundaries UDP HP9 - Affordable Housing in Rural Settlements UDP HP17 – Backland Development

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

Officer Appraisal

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

Principle of Development

For the purposes of the Powys Unitary Development Plan, the site subject to this application lies outside the settlement of Machynlleth as defined by the Powys UDP and therefore constitutes a departure from the development plan.

Page 61 Members are advised that a decision to approve a departure can only be made where other material considerations outweigh the provisions of the development plan. Such material considerations include Planning Policy Wales (2016) and UDP policy HP3, which require the Local Planning Authority to ensure that sufficient land is genuinely available or will become available to provide a 5-year supply of land for housing.

The Powys JHLAS (2016) provides information on land availability and indicates a land supply of 2.2 years (as of 01/04/2016). Whilst it is anticipated that the new local development plan will allocate land for residential development to address the shortfall in supply, the current figure is below the supply required by Planning Policy Wales and the adopted Unitary Development Plan. As such, Members are advised that considerable weight needs to be given to this undersupply in considering proposals for new residential development as exceptions to normal housing policies.

In considering the proposed development, Members are asked to consider whether this location is regarded as a sustainable location for new residential development. Although located within the open countryside, the site is located adjoining the Area Centre of Machynlleth which benefits from a number of shops, schools, amenities and other community facilities and is closely linked by existing infrastructure, and easily accessible by public transport (bus and rail) and car. Given the noted proximity, future occupiers would have easy access to existing facilities/amenities within the settlement but also connections to the wider area through public transport services. On this basis, Officers consider the site to be a sustainable location for new residential development.

Having carefully considered the proposed residential development, Officers consider that sufficient information has been submitted to demonstrate the current housing shortfall whilst providing a scheme which is considered to be appropriate to the existing settlement in terms of density, growth and location.

Visual impact

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

The site is described as offering good views over the Dyfi Estuary, however this in turn means that the site is a prominent and elevated position. The existing development at Ffordd Mynydd Griffiths is located on the hillside in an elevated position. The development of this hillside has impacted upon the landscape of this area and has resulted in a built up appearance to this hillside within an otherwise rural setting on the edge of the town. However, whilst the proposed development would sit at an elevated position the proposed dwellings have been designed to be built slightly in to the hillside therefore reducing its impact on the landscape.

Whilst a previous outline application was refused due to the possibility that the development could impact on visual amenity, the current application is in full and provides a higher level of detail that the previous application. The application details a development that is set in to the landscape and uses matching materials and a similar design to the existing dwelling in order for the development to successfully assimilate into the landscape.

Page 62 It is therefore considered that the application the proposed development would not have such an impact on the visual amenity of the area to warrant refusal of the application. The design and materials used in the development will ensure that the dwellings do not detract from the character and appearance of the area or amenities enjoyed by occupants of neighbouring properties compliant with UDP policies SP5, GP1, GP3, ENV2 and HP5.

Residential Amenity

Policy GP1 of the Powys UDP seeks to safeguard the amenities enjoyed by occupants of existing and proposed dwellings by reasons of noise, overlooking and privacy. HP17 stated that the development of backland in residential areas will only be permitted where no unacceptable adverse effects would be caused to the amenity of neighbouring properties.

Whilst concerns were raised in the previously refused application regarding the potential impact of the proposed dwellings on neighbouring properties, the submitted detailed plans now demonstrate that the proposed dwellings maintain a minimum of 20 metres distance from any window to the existing dwellings at Ffordd Mynydd Griffiths. The dwellings have also been orientated in order to reduce any potential overlooking. This is in line with the guidance set out within the Powys Residential Design Guide which recommends a 20 metres separation distance between habitable room windows.

In light of the above observations, Development Management considers the proposed development to be in accordance with policy GP1 and HP17 of the Powys UDP in respect of residential amenity.

Highway Safety and Movement

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

The proposed development will be accessed from an existing access off Ffordd Mynydd Griffiths.

The previous application was refused on highways grounds due to the proposed access. The access arrangements have since been redesigned and following consultation with the Highways Authority no objections have been raised to the proposed development provided conditions are attached to any consent.

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

Drainage

Concerns have been raised regarding the drainage of the site. Following consultation with the Powys Land Drainage Officer no objections have been received however conditions have been requested which will be attached to any consent.

Page 63 Welsh Water was also consulted on the application and they had no objection to the proposed development provided conditions were attached to any consent.

As such it is considered that the proposed development fundamentally complies with policies DC10 and DC13 of the Powys UDP in respect of Main Sewage Treatment and Surface Water Drainage.

Recommendation

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

Conditions

1. The development to which this permission relates shall be begun no later than the expiration of five years from the date of this permission. 2. The development shall be carried out strictly in accordance with the plans stamped as approved (drawing no’s: L01, PL01, PL02, PL03, PL04 and the Design and Access Statement).

3. Notwithstanding the provisions of Article 3 and Parts 1 and 2 of the Second Schedule to the Town & County Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) no development as specified in Part 1 (Classes A, B, and E) other than such development or operations indicated on the plans approved, shall be carried out without the prior written consent of the Local Planning Authority.

4. Prior to their first use full details or samples of materials to be used externally on walls and roofs including fenestration details shall be submitted to and approved in writing by the Local Planning Authority.

5. No surface water and/or land drainage shall be allowed to connect directly or indirectly with the public sewerage system.

6. No development shall commence until a scheme 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 dwellings are occupied. The scheme to be submitted shall show foul drainage being connected to the public sewerage system.

7. 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

Page 64 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: • human health, • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, • adjoining land, • groundwaters and surface waters, • ecological systems, • archaeological sites and ancient monuments; iii. an appraisal of remedial options, and proposal of the preferred option(s).

Item (iii) above should not be submitted until written approval has been obtained from the Local Planning Authority for items (i) & (ii).

8. 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.

9. 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.

10. 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

Page 65 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 Authority in accordance with condition 3.

11. 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'.

12. Prior to the occupation of any dwelling any entrance gates shall be constructed so as to be incapable of opening towards the highway and shall be retained in this position and form of construction for as long as the dwelling/development hereby permitted remains in existence.

13. The gradient of the access shall be constructed so as not to exceed 1 in 15 for the first 15 metres measured from edge of the adjoining carriageway along the centre line of the access and shall be retained at this gradient for as long as the development remains in existence.

14. The centre line of the first 15 metres of the access road measured from the edge of the adjoining carriageway shall be constructed at right angles to that edge of the said carriageway and be retained at that angle for as long as the development remains in existence.

15. Within 5 days from the commencement of the development the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 25 metres distant in each direction measured from the centre of the access along the edge of the adjoining carriageway and 5.5 metres distant from the edge of the adjoining carriageway and 6.0 metres in each direction. Nothing shall be planted, erected or allowed to grow on the areas 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.

16. Within 5 days from the commencement of the development the area of the access to be used by vehicles is to be constructed to a minimum of 410mm depth, comprising a minimum of 250mm of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 15

Page 66 metres from the edge of the adjoining carriageway. Any use of alternative materials is to be agreed in writing by the Local Planning Authority prior to the access being constructed.

17. Prior to the occupation of any dwelling, provision shall be made within the curtilage of the site for the parking of not less than 1 car per bedroom (maximum of 3) excluding any garage space provided. The parking areas shall be retained for their designated use in perpetuity.

18. Prior to the occupation of any dwelling the area of the access to be used by vehicles is to be finished in a 40mm bituminous surface course for a distance of 15 metres from the edge of the adjoining carriageway. This area will be maintained to this standard for as long as the development remains in existence,

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

20. The area of each private drive and any turning area is to be metalled and surfaced in bituminous macadam, concrete or block paviours, prior to the occupation of that dwelling and retained for as long as the development remains in existence.

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

Reasons

1. Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2. To ensure adherence to the plans stamped as approved in the interests of clarity and a satisfactory development.

3. To accord with policy GP1 and GP3 of the Powys Unitary Development Plan (March 2010).

4. In the interests of the visual amenity of the area and to ensure the satisfactory appearance of the building in accordance with policies GP1 and GP3 of the Powys Unitary Development Plan (2010), the Councils Residential Design Guide (2004) and Planning Policy Wales (Edition 8, 2016)

5. 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.

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

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

Page 67 ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors

8. To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors

9. To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors

10. To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors

11. To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

12. To accord with policy GP4 of the Powys Unitary Development Plan (March 2010).

13. To accord with policy GP4 of the Powys Unitary Development Plan (March 2010).

14. To accord with policy GP4 of the Powys Unitary Development Plan (March 2010).

15. To accord with policy GP4 of the Powys Unitary Development Plan (March 2010).

16. To accord with policy GP4 of the Powys Unitary Development Plan (March 2010).

17. To accord with policy GP4 of the Powys Unitary Development Plan (March 2010).

18. To accord with policy GP4 of the Powys Unitary Development Plan (March 2010).

19. To accord with policy GP4 of the Powys Unitary Development Plan (March 2010).

20. To accord with policy GP4 of the Powys Unitary Development Plan (March 2010).

21. To accord with policy GP4 of the Powys Unitary Development Plan (March 2010).

Informative 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

Page 68 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

Page 69 Page 70 PTLRW101 - 20164

Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2016/0849 Grid Ref: 300917.85 310838.16

Community Banwy Valid Date: Officer: Council: 15/08/2016 Louise Evans

Applicant: Miss Katy Jones, Timbercote,Llangadfan, Welshpool, Powys, SY21 0PU

Location: Plot OS 91778, Land at Llangadfan, Welshpool, Powys, SY21 0PU

Proposal: Erection of a dwelling and garage

Application Application for Outline Planning Permission Type:

The reason for Committee determination The proposed development constitutes a departure from the adopted Powys Unitary Development Plan.

Site Location and Description This application is in respect of the erection of a dwelling and garage. The application has been submitted in outline with all matters reserved.

The application site is located within the rural settlement of Rhandir and close to the small village of Llangadfan. The site is currently part of an agricultural field and is bound to the north by the class three highway, the C2111. To the east, south east, west and north west there are a number of detached dwellings located in a linear pattern along the county highway. The site extends to 0.15 hectares in area.

Consultee Response Banwy Community Council Banwy Community Council have discussed this application and wishes you to know that it supports the application. Council wishes to comment that it notes with some disapointment that the plans have no provision for any form of renewable energy as it feels the location would be ideal.

Local Highway Authority I have no objection in principle considering the number of properties already located along this highway.

However, the access needs to be positioned on the apex of the bend of the highway to achieve maximum visibility in each direction. Therefore the access needs to be moved a few metres to the west to be in the best location.

Please request amended plans.

Wales & West Utilities No response received. 1 Page 71

Severn Trent No response received.

Cllr Myfanwy Alexander As County Councillor for the Banwy ward, I fully support this application. The site is highly suitable for development, being situated between existing residential properties and having good access.

PCC - Building Control Building regulations application required.

PCC - Land Drainage Thanks for consulting the Lead Local Flood Authority (LLFA) regarding this application. Having considered the information submitted we would make the following comments/recommendations.

Local Flood Risk/Land Drainage:

Comment: The Authority holds no historical flooding information relating to the site.

Surface Water Run-off

Observation: Reference to the management of surface water run-off is indicated under Item 13 – ‘Assessment of Flood Risk’ on the planning application form, where it states surface water is to be disposed to soakaway.

Further reference to surface water drainage is indicated within the Planning Statement where it proposes the use of soakaways or other sustainable drainage techniques to dispose surface water run-off.

No surface water drainage layout drawing has been submitted.

Information to hand shows that the general soil type for this location is shown to be ‘freely drainage’. Soakage in this type of soil structure should allow rainwater to drain through to underlying layers through the use of good practise drainage designs.

Comments: The site is classed as Greenfield. Therefore, proposed surface water flows should be equivalent to existing Greenfield 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 infiltration 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 Greenfield run-off rate shall be applied. Any 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. 2 Page 72

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

Recommendation: No development shall commence until a scheme for the foul and 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 the dwelling is occupied. The scheme to be submitted shall show foul drainage being connected to the public sewerage system.

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

Informative: The applicant should consider employing measures such as the following:

Water Butts Permeable paving on any new driveway/paved area Greywater recycling system

Environment Protection

Informative: Foul drainage from the proposed development should be conveyed to the main foul sewer, subject to the agreement by Severn Trent Water Ltd. 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.

PCC - Rights of Way No response received.

Representations Nine letters of support have been received.

- Important to keep young local people in the area - Benefits the school - The applicant works locally so the development is sustainable - The site is appropriate for development and is close to other properties. - Affordable housing restrictions make it difficult to get mortgages on these properties - Dwellings in the area are expensive - The UDP is out of date and a more flexible approach is needed to sustain the local community - Young families connected to local employment are an asset requiring maximum encouragement.

Planning History PPAE/2016/0080 6471 – Outline application for residential development – Refused – 3rd August 1979.

Principal Planning Constraints Class 3 Road (C2111)

Principal Planning Policies

3 Page 73 Planning Policy Wales (Edition 8, January 2016) Technical Advice Note 1 – Joint Housing Land Availability Studies (2015) Technical Advice Note 2 – Planning and Affordable Housing (2006) Technical Advice Note 5 – Nature Conservation and Planning (2009) Technical Advice Note 6 – Planning for Sustainable Rural Communities (2010) Technical Advice Note 12 – Design (2016) Technical Advice Note 18 – Transport (2007) Technical Advice Note 23 – Economic Development (2014)

Local Planning Policies

Powys Unitary Development Plan (2010)

SP2 – Strategic Settlement Hierarchy SP5 – Housing Developments GP1 – Development Control GP3 – Design and Energy Conservation GP4 – Highway and Parking Requirements ENV1 – Agricultural Land ENV2 – Safeguarding the Landscape ENV3 – Safeguarding Biodiversity and Natural Habitats HP3 – Housing Land Availability HP4 – Settlement Development Boundaries and Capacities HP5 – Residential Development HP6 – Dwellings in the Open Countryside HP9- Affordable Housing in Rural Settlements HP10- Affordability Criteria DC10 –Mains Sewage Treatment DC13 – Surface Water Drainage

Powys Residential Design Guide (October 2004)

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

Officer Appraisal

Section 38 (6) of the Planning and Compulsory Purchase Act 2004

Principle of Development

The development site is located within the settlement of Rhandir which is designated in the Powys Unitary Development Plan as a rural settlement. The proposal is for a single residential unit.

4 Page 74 In such circumstances policy HP9 – affordable housing in rural settlements is applicable. This policy permits single affordable units providing that they are integrated within the settlement, the occupants would comply with the appropriate eligibility criteria (contained within policy HP10) and the dwelling would comply with the scale requirements set out for affordable housing (contained within policy HP10 and the affordable housing SPG). In order to ensure that such properties remain affordable in perpetuity, the policy requires developers to enter into a section 106 agreement with the council.

In this instance, the applicants have stated that they do comply with the eligibility criteria but do not wish to have the dwelling restricted in terms of occupancy and value as this would affect the applicants’ chances of securing a mortgage for the scheme.

The opportunity of securing an unrestricted dwelling has arisen as the Council is unable to demonstrate a five year housing land supply. In fact, the latest JHLAS (2016) indicates a supply of only 2.2 years within the county. In such circumstances, the need to increase housing supply must be given considerable weight provided that the development would otherwise comply with development plan and national planning policies.

In terms of national planning policy, Planning Policy Wales 2016 requires developments to be built in sustainable locations. This can relate to a wide range of matters including public transport provision, access to education, employment opportunities and other services.

In this instance, whilst the development is located in the rural settlement of Rhandir, it can also be considered to be adjoining the settlement of Llangadfan. Llangadfan is classed as a small village within the Powys Unitary Development Plan and is considered to be an appropriate location for small scale residential development. The settlement is served by a church, primary school, community centre, football pitch, public house, garage, local shop and café. It is also served by a bus route. In light of the above, it is considered that the site is a sustainable location for the development of a single residential unit.

Design, scale and layout

Whilst design is a reserved matter, an indicative layout has been provided as well as parameters of scale and it is relevant to consider whether the dwelling could be appropriately developed on the site in relation to this information.

The details provided indicate that the dwelling will be a detached two storey dwelling. The parameters of scale have been set broadly to allow for flexibility in the design of the scheme. However, with regards to layout, it is considered that the proposal could accord with the general design principle of development in proximity to the site such that this proposal would not appear out of context.

Impact on residential amenity

5 Page 75 UDP policy GP1 states that development proposals will only be permitted where the amenities enjoyed by the occupants of nearby or proposed properties will not be unacceptably affected.

Although layout is a reserved matter, consideration has been given to the potential separation distances between properties, as well at their orientation, and it is considered that a scheme could be designed that would not unacceptably impact on residential amenity.

It is considered that the proposal is capable of according with UDP policy GP1 and the guidance set out in the Powys Residential Design Guide so far as it relates to residential amenity.

Highway Safety and Movement

Again access is a reserved matter and the fully designed scheme will be a matter for later consideration. It is noted from the consultation responses that the Local Highway Authority have not objected to the principle of the scheme but have suggested that the access could be located further to the west in order to improve visibility.

The site is of a generous scale and would have ample opportunity to accommodate appropriate levels of parking together with a turning area so that vehicles may leave the site in a forward gear.

Overall, it is considered that the proposal makes adequate provision for highway access and parking in accordance with UDP Policy GP4.

Surface and foul water disposal

The application details that surface water will be dealt with by soakaways within the site and no details have been provided in respect of the disposal of sewage.

Although full details have not been provided within the application, it is considered that the site is capable of accommodating appropriate provision to serve the development and a planning condition will be attached in line with the advice of the land drainage engineer to agree full details prior to the commencement of development.

Impact on Ecology

The application site comprises of part of an agricultural field that is bordered on the northern boundary by a native hedgerow. The proposed access will require a removal of a section of this hedgerow in order to facilitate vehicular access. The loss of the hedgerow is considered 6 Page 76 to be minimal and the landscaping reserved matter application could ensure that appropriate compensation and enhancement are secured in relation to biodiversity.

Overall, it is considered that the scheme would have minimal ecological impact and that appropriate enhancement can be secured at the reserved matters stage.

Recommendation Although it is noted that the proposed development is a departure from the adopted development plan, considerable weight must be given to the need to increasing housing land supply. The proposed development is for the provision of a single dwelling in a sustainable location. It is considered that the material consideration of the lack of housing land supply within the county warrants the approval of this development contrary to the provisions of the development plan. It is recommended that the application be approved subject to the conditions set out below.

Conditions 1. Details of the access, appearance, landscaping, layout, and scale, (hereinafter called ""the reserved matters"") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved. 2. Any application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission. 3. The development shall begin either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. 4. No development shall commence until a scheme for the foul and 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 the dwelling is occupied. The scheme to be submitted shall show foul drainage being connected to the public sewerage system.

Reasons 1. To enable the Local Planning Authority to exercise proper control over the development in accordance with Section 92 of the Town and Country Planning Act 1990. 2. Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 3. Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 4. To ensure that the proposed drainage systems for the site are fully compliant with regulations and are of robust design in accordance with polices DC10 and DC13 of the Powys Unitary Development Plan (2010)

Informative Foul drainage from the proposed development should be conveyed to the main foul sewer, subject to the agreement by Severn Trent Water Ltd. 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. ______Case Officer: Louise Evans- Planning Officer Tel: 01938 551127 E-mail:[email protected]

7 Page 77 Page 78 PTLRW101 - 20165

Planning, Taxi Licensing and Rights of Way Committee

Application No: P/2016/0137 Grid Ref: 331980.68 264127.44

Community Presteigne Valid Date: Officer: Council: 26/01/2016 Isobel Davies/Tamsin Law

Applicant: Mrs K W Wolfe, Greenfield Road, Clatterbrune House, Presteigne, Powys, LD8 2LB

Location: Clatterbrune House, Greenfield Road, Presteigne, Powys, LD8 2LB

Proposal: Outline (all matters reserved): Erection of two dwellings

Application Application for Outline Planning Permission Type:

REPORT UPDATE

This report forms an update to the previously circulated report which went before Committee on the 13th October 2016. A copy of the report follows after the update. This updated report includes additional comments received on the application.

Consultation Response

PCC Highways

The Highway Authority has considered the traffic generation from this proposal and with a commitment from the applicant’s agent that alterations to the county highway will form part of any reserved matters application to ensure highway safety conditions are maintained, we therefore do not wish to oppose the application and recommend the following conditions are included on consent that may be issued.

1. Prior to the commencement of any works on site the applicant shall submit and have approved in writing by the local planning authority full details of a scheme for the construction all on site infrastructure including access road, pedestrian footways, parking and turning facilities and for the provision of highway improvements to the unclassified highway U1907.

2. Prior to the occupation of any of the dwellings, all access related infrastructure and highway improvements referred to above, shall be fully completed to the written satisfaction of the local planning authority.

PCC Land Drainage

I refer to you enquiry concerning the above mentioned applications and, in particular, the flood zone mapping.

1 Page 79 Having reviewed NRW’s flood zone maps again and, the recently updated TAN15 Development Advice Map, I can confirm both sites lie wholly outside the flood zone.

Officer Appraisal

At Committee on the 13th October 2016 the application was deferred to seek clarification on highways issues and to confirm whether the application site lay within the C2 flood zone.

A site visit was undertaken between the Highways Authority and the agent for the application to discuss the highways issues at the site. An amended plan was received and Highways commented that they did not wish to oppose the applications provided that conditions were attached to any consent relating to highways alterations and improvements.

In light of these comments Officer consider that the proposed development fundamentally complies with the requirements of policy GP4 of the Powys UDP.

Comments made by PCC Land Drainage were raised during Committee relating to the sites location within a C2 flood zone. Following Committee the Natural Resources Wales flood maps and Tan 15 Development Advice Maps were consulted and Land Drainage revised their comments and stated that the site lies wholly outside the flood zone.

As such the application site does not fall within a C2 flood zone and therefore fundamentally complies with policy SP14 of the Powys UDP and TAN 15.

RECOMMENDATION

In light of the above the proposed development is considered to fundamentally comply with planning policy. The recommendation is one of conditional approval subject to the conditions recommended within the original; Committee report and the conditions recommended by the Highway Authority.

2 Page 80 Original report 13th October 2016

Planning, Taxi Licensing and Rights of Way Committee

Application No: P/2016/0137 Grid Ref: 331980.68 264127.44

Community Presteigne Valid Date: Officer: Council: 26/01/2016 Isobel Davies/Tamsin Law

Applicant: Mrs K W Wolfe, Greenfield Road, Clatterbrune House, Presteigne, Powys, LD8 2LB

Location: Clatterbrune House, Greenfield Road, Presteigne, Powys, LD8 2LB

Proposal: Outline (all matters reserved): Erection of two dwellings

Application Application for Outline Planning Permission Type:

The reason for Committee determination

The proposed development has been called in by the Local Member as there has been objections received by the Community Council and neighbours and concerns are regarding drainage and highways access.

Site Location and Description

The site subject to this application is located within the settlement development limits of Presteigne as defined by the Powys Unitary Development Plan 2010 (UDP). The site is located within the grounds of Clatterbrune House, to the rear of the existing dwelling. Clatterbrune House lies centrally within a large garden area.

The site will be accessed from Clatterbrune, a residential estate road which leads to playing fields to the north of the site. The site is bound to the north by existing residential dwellings (Lugg View estate), to the east by existing dwellings on Clatterbrune estate, to the south by the existing garden of Clatterbrune House and its outbuildings, and to the west by an existing residential dwelling. This site comprises infill plots of a similar scale to the surrounding detached plots.

Consent is sought in outline for the erection of two dwellings; all matters have been reserved for future consideration.

Consultee Response

Presteigne & Norton Town Council

The Town Council wishes to object to both applications on the following grounds –

3 Page 81 1. The impact on protected species on the site and the need for an ecological survey 2. The disproporitonate size of the porposed dwellings compared to neighbouring properties on the CLatterbrune Estate. 3. The effect on those current dwellings with overshadowing, a reducion in provacy and reduction in natrual light. 4. The proposed dwellings are not in keeping with those in the immediate area. 5. Concern over the capacity of the sewerage and drainage system to cope with additional dwellings given the Welsh Water response to the application for housing on the Knighton Road site. 6. The narrow access road is unable to cope with increased traffic, particularly given that the road is already used for access to the football club and grounds and also to the Welsh Water treatment works (lorries presently have to reverse down this road as there is no turning space avaiable) 7. Pavements are shown on the plans of the existing road to Clatterbrune from the football club do not presently exist and the road does not have sufficient width for these to be built. 8. The proposed access road will be serving both applications, making a total of six properties. The Council feels that under these circumstances the access road should be brought up to adoptable standards on width, footways and surface. 9. There are also concerns about the proposals for the existing trees both on and adjacent to the site. In addition the seven mature trees bordering the access road appear to not have been covered in expert reports either on the trees themselves or their root spread and this should be done. 10. The impact on the adjacent listed building and the need to ensure CADW are consulted. 11. The need for an archaeological survey of the site. 12. The need for Welsh Water to be fully consulted and made aware of possible asset encroachment on their infrastructure so that necessary risk assessment can be carried out, particularly given the need for the present sewage works to be upgraded (expected in the Welsh Water 2020-2025 capital plan)

The above points were made in the main all made previously in respect of application numbers P/2015/0416 and 0414. In addiiton the Town Council would like to make the following points which are contained in detail in the attached letter from Presteigne St. Andrews Football Club, these being Problems with drainage Access problems, which have not been alleviated by previous measures (sleeping policeman/danger signs) and are therefore unlikely to be removed by the use of block paviours The need for high fencing to proptect the properties from stray footballs Floodlights, these would be very close in proximity to the new development and would impact on the proposed properties. Any change in usage restriction on these floodlights should not be permitted.

In addition the Council has received letters from 22 local residents objecting to the application. I understand these residents have sent copies of these letters to you direct.

Concerns raised by residents are- -Concern about the trees affected by the application

4 Page 82 -Disproportionate size and privacy -The effect on the adjacent listed building -The impact on proptected species -The access road narrow and potentially dangerous -Inadequate drainage/sewerage capacity in the area already prone to flooding -The development of a greenfield site -Insufficient notices advertising the application -The lack of need for such housing -The existence of old ammunition in ground -Devaluation of existing properties -The development contradicts a covenant on Clatterbrune House -Inadequate fencing proposed -The site is unsiotable due to its location immediately adjacent to the sewage works -Proivision of access to rear properties for maintenance -No room for pavements on the narrow access road -The possibility that a national grid power cable runs across the site

CPAT

There are no archaeological implications for the proposed development at this location.

PCC – Highways

The County Council as Highway Authority for the County Unclassified Highway, U1907

Wish the following recommendations/Observations be applied

Recommendations/Observations

I am aware of the considerable amount of concern raised regarding highway safety in response to this application. I am also conscious that the level of increase these dwellings represent over the existing use of Clatterbrune, the football ground, workshop and sewerage works is not quantified and cannot therefore be assumed as significant.

The latest proposal suggests an alteration to the main point of access from Clatterbrune that was promoted by this Authority as a means to change driver awareness and perception and to create a more pedestrian environment.

It is accepted that widening the route is not an option so in view of the issues already experienced a betterment to the road alignment and environment would seem to be a positive way forward. This will not be achievable if it is not sought as part of this pair of applications

There remain issues with the detail shown. The carriageway alignment turns too steeply after entering the site and should take a wider curve with the footway and carriageway filling the space available within the land owned. A widening ‘behind’ the fence adjacent to plot 3 will not safely allow exiting traffic to see in-coming vehicles. By straightening the alignment and widening the carriageway evenly on both sides forward visibility should be improved and passing space made readily available.

5 Page 83 The footway provision across the access serving plots 1 and 2 should take precedence over the carriageway and its radii in order to maintain the pedestrian priority environment.

Finally, I am concerned that there appears very limited space for any hgvs attending the workshop to adequately turn and believe lorries have been seen to reverse from the estate road. If development of this land is to proceed I consider this is an issue that must be addressed at this stage before space is lost.

I therefore do not wish to object to this application but seek to be guided on how many of the issues I have highlighted require addressing in full for this application.

PCC - Building Control

Building regulations will be required

Wales & West Utilities

No comments received.

Cllr Garry Banks

The Councillor requested the application be called in to planning committee due to the objection raised by local residents and the Town Council.

PCC - Environmental Health

No comments received at the time of writing this report

PCC - Built Heritage

Thank you for consulting me on the above application.

I can confirm that Clatterbrune House is a large listed building in the Arts and Crafts style set in large landscaped grounds. Mature trees bound the site and add to its setting. I note that the house is now 2 properties, Clatterbrune and Clatterbrune West.

I am mindful of the advice in Sections 16 and 66 of the Planning (Listed Buildings and Conservation areas) Act 1990, and paragraph 11 of Welsh Office Circular 61/96 which states “Sections 16 and 66 of the Act require authorities considering applications for planning permission or listed building consent for works which affect a listed building to have special regard to certain matters, including the desirability of preserving the setting of the building. The setting is often an essential part of a building's character especially if a park, garden or grounds have been laid out to complement its design or function. Also, the economic viability as well as the character of historic buildings may suffer and they can be robbed of much of their interest and of the contribution they make to townscape or the countryside if they become isolated from their surroundings, e.g. by new traffic routes, car parks, or other development.”

However, I would also refer to more recent guidance in paragraph 6.5.9 of Planning Policy Wales 8th edition 2016 which states, “Where a development proposal affects a listed building

6 Page 84 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.”

I note policy ENV 14 of the Powys Unitary Development Plan which states that Proposals for development unacceptably adversely affecting a listed building or its setting will be refused. I acknowledge that the property has new development all around, however these have been separated from Clatterbrune visually by the planting, which is assumed was considered an essential part of the buildings setting when designed in the Arts and Crafts style.

After my objection to the previous application, there was a subsequent pre-application meeting where the design principles of the application were discussed including the height of the ridge as one of my previous concerns was the proposed height and the relationship between the proposed development and the listed building. I previously included a hyperlink to an aerial photograph in the sales details which illustrates this point. http://search.struttandparker.com/property-for-sale-in-wales/powys/presteigne/greenfield- road-presteigne-powys-ld8/22489

In commenting on the previous application I referred to the recent document from Cadw document “Conservation Principles”.

Paragraph 5.4 states when considering change, public authorities will give due importance of the heritage values of a site when considering the sustainability of proposals submitted to them.

Paragraph 39 states Changes which would harm the heritage values of an historic asset will be unacceptable unless: a..the changes are demonstrably necessary either to make that asset sustainable, or to meet an overriding public policy objective or need; and b. there is no reasonably practicable alternative means of doing so without harm; and c. that harm has been reduced to the minimum consistent with achieving the objective; and d. it has been demonstrated that the predicted benefit decisively outweighs the harm to the values of the asset, considering •its comparative significance; •the impact on that significance; and •the benefits to the asset itself and/or the wider community or society as a whole.

The historic environment is defined in the document as an environment made up of individual historic features, archaeological sites and historic buildings as well as the landscapes in which they are found. Any part of the historic environment to which people have given a distinctive historical association or identity is considered here to be an historic asset.

The document continues with the following advice on page 15.

7 Page 85 resource. If it is not sustained, its heritage values will be eroded or lost. In addition, its potential to give distinctiveness, meaning and quality to the places in which people live, and provide people with a sense of continuity and a source of identity will be diminished. The historic environment is a social and economic asset and a cultural resource for learning and enjoyment”.

“Conservation principles” establishes Values which should be attributed to heritage assets including; • Evidential Value, • Historical Value, • Aesthetic Value, • Communal value.

Conservation Principles identifies principles that have to be addressed when considering the above values.

Evidential Value

Clatterbrune House is a listed building of the Arts and Crafts style built in 1884 included on the statutory list on 26th March 1985.

The property merits an entry in Pevsner, and the latest edition (R Scourfield and R Haslam 2013) describes the property as “Dated 1884, designed by Cole A Adams, whose plans were published in The Builder in 1883. In “The Old English” style of Shaw and Nesfield. Picturesquely asymmetrical gables, larger and tile-hung to r., contrasting with the masonry ground floor. Tall moulded brick chimneys”

Historical Value

It is not surprising given the quality of the building, that it was erected by someone with the finance to undertake such works, which are often associated with social standing.

It is understood that the architect was Cole A Adams and Miss Greenly was the patron. Miss Greenly (presumably the AG inscribed by the date on the porch), is understood to be a descendant of the Greenly family of Titley Court.

The date of the erection of the dwelling is acknowledged as it is noted that “Between 1840 and 1914, only buildings of a definite quality and character qualify (to be included on the statutory list) (especially those which are the significant works of principal architects. “ Source Cadw website.

Presteigne as a medieval town and the former County town of Radnorshire is well blessed with historic buildings and there are over 100 listed buildings within the town of Presteigne. However the vast majority of them are of significant age and only 3 reflect the Arts and Crafts period; -Clatterbrune House -Radnor House- which dates from the 1890’s with an Arts and Crafts Influence, possibly an earlier structure behind the unusual frontage. -The 1936 K6 telephone Kiosk to the design of Giles Gilbert Scott

8 Page 86 Aesthetic Value

Clatterbrune House is an attractive property set in well laid out gardens with many specimen trees and contributes greatly to this area of Presteigne.

Communal Value

The third principle contained within Conservation Principles is that heritage assets are a shared resource, valued by people as part of their cultural and natural heritage, and gives distinctiveness, meaning and quality to the places where we live providing a sense of continuity and a source of identity.

Clatterbrune House and its grounds are a significant architectural feature within this area of Presteigne. It is understood that the new development adjacent to the listed building was unbuilt land when Clatterbrune was constructed, (although the POW camp on the football ground is noted) and as such it has great communal value in aesthetic and historical terms to the locality.

Analysis of the site

The site is to the rear of Clatterbrune House and is well wooded, and it is noted that several trees are to be removed to facilitate this development. The list description refers to Clatterbrune as being a small country house in its own grounds. I note the gardens to Clatterbrune, that contain mature trees and that trees to the front are covered by Tree Preservation Orders. I note the small stable type block within Clatterbrune and the trees adjacent to the stable block and would request that suitable boundary treatments to sought between the site and Clatterbrune House.

I note the development around Clatterbrune House to the East and the North, and to a lesser degree to the West.

Whilst the application is made in outline, I note the intention in the design and access statement to design a property with Arts and Craft Influences in terms of design and materials. I would not consider that appropriately designed properties on the plots submitted would have an adverse affect on the setting of this listed Arts and Craft listed building. However I would have concerns with any further encroachment of the land around Clatterbrune House

I note that the application is for bespoke Arts and Crafts Design houses, and should the application be approved, I would request that the design and access statement be included in the approved plans and documents, and or the description of the development be changed to reflect the intended design such as “Outline application for residential development of 2 Arts and Craft style dwellings with all matters reserved at Clatterbrune Presteigne”

Subject to appropriate measure being put in place on the decision notice to secure an appropriate design and materials at reserved matters stage, I can confirm that I would have no objections to the proposal on the grounds of setting of the listed building.

PCC - Ecologist

9 Page 87 1st Response

Thank you for forwarding through the bat assessment reports produced by Star Ecology in relation planning applications P/2016/0128 and P/2016/0137. I have reviewed the reports and consider the assessment and conclusions to be appropriate to address the concerns regarding potential impacts to bats raised by myself and NRW in previous correspondence.

Whilst these reports address the concerns raised regarding potential for impacts to bats in relation to the applications further information to assess potential impacts to biodiversity is still outstanding, the information required was outlined in my previous response and repeated below:

A review of aerial photographs of the sites and biological records for the local area indicate the sites have potential to support protected species, there are records of reptiles and bats within 500m of the site, otter have also been recorded along Clatter Brook and the proposed development access crosses the brook.

Whilst both applications are Outline, where potential impacts to protected species have been identified sufficient information needs to be provided to enable the LPA to assess the impacts to biodiversity and to ensure that any mitigation measures required can be accommodated within any proposals – therefore it is not appropriate to leave assessment of potential impacts to protected species to reserved matters.

It is therefore considered that insufficient information has been provided with these applications to enable the LPA to undertake an assessment of potential impacts to biodiversity or to identify any necessary mitigation requirements.

An extended Phase 1 habitat survey including a background data search from the Powys and Brecon Beacons National Park Biodiversity Information Service (BIS) will need to be undertaken to identify the habitats present on and adjacent to the sites and potential to support protected species as well as the presence of invasive non-native species .

It is important to note that further surveys following National guidelines at the appropriate time of year will be required for any species that are found or have potential to be present. These surveys would need to be carried out prior to determination of the planning applications. Mitigation and compensation strategies will be required for any impacts upon protected species and loss of habitat.

Ecological reports submitted to support a planning application should include the required information identified in Appendix A of Powys UDP, Interim Development Control Guidance - Biodiversity (April 2009).

The applicant should be mindful that in accordance with Powys County Council’s NERC duty, TAN 5, UDP policies and biodiversity SPG, as part of the planning process Powys should ensure that there is no net loss of biodiversity or unacceptable damage to a biodiversity feature.

2nd Response:

10 Page 88 Apologies for the delay in getting a response with you with regards to planning applications P/2016/0128 & P/2016/0137. The applications concern an Outline application (with all matters reserved) Development of four residential dwellings and an Outline application (all matters reserved): Erection of two dwellings respectively.

In my response dated 27th April 2016 I requested that further information was required for the application with regards to potential impacts to European protected species, in particular otter. This was due to the fact that when I had reviewed available maps of the sites affected there appeared to be a watercourse running along the site and the proposed access appeared to cross the site.

Following further discussions with the applicants agent Mr Gareth Davies, it has become apparent that this watercourse whilst shown on maps is not actually present as an open watercourse, it appears that any watercourse in this location has been historically culverted.

In light of this information I now consider my request for further ecological information to be submitted as no longer necessary.

As stated in my previous response the bat assessment report submitted in relation to the application have been reviewed and I consider the assessment and conclusions to be appropriate to address the concerns regarding potential impacts to bats raised by myself and NRW in previous correspondence.

With regards to planning application P/2016/0128 in their response dated 9th May 2016 NRW have requested that a condition requiring an ecologically sensitive lighting plan included should planning permission be granted.

Therefore should you be minded to approve planning application P/2016/0128 I recommend inclusion of the following condition:

Prior to commencement of development a lighting design scheme to take any impacts on nocturnal wildlife into consideration shall be submitted for written LPA approval and implemented in full and maintained thereafter.

Reason: To comply with Powys County Council’s UDP Policies SP3 and ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, January 2016), TAN 5: Nature Conservation and Planning and Section 6 of the Environment (Wales) Act 2016.

With regards to planning application P/2016/0137 in their response dated 9th May 2016 NRW have requested that a condition requiring an ecologically sensitive lighting plan included should planning permission be granted.

Therefore should you be minded to approve planning application P/2016/0137 I recommend inclusion of the following condition:

11 Page 89 Reason: To comply with Powys County Council’s UDP Policies SP3 and ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, January 2016), TAN 5: Nature Conservation and Planning and Section 6 of the Environment (Wales) Act 2016.

In addition with regards to both applications I recommend inclusion of the following informatives:

Bats - Wildlife & Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2010 (as amended)

It is an offence for any person to:  Intentionally kill, injure or take any bats.  Intentionally or recklessly damage, destroy or obstruct access to any place that a bat uses for shelter or protection. This is taken to mean all bat roosts whether bats are present or not. Under the Habitats Regulations it is an offence to:  Damage or destroy a breeding site or resting place of any bat. This is an absolute offence - in other words, intent or recklessness does not have to be proved. The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2010 (as amended) that works to trees or buildings where that work involves the disturbance of a bat is an offence if a licence has not been obtained from Natural Resources Wales. If a bat is discovered while work is being undertaken, all work must stop and advice sought from Natural Resources Wales and the Council's Ecologist. You can also call the National Bat helpline on 0345 1300 228 or email [email protected]

Birds - Wildlife and Countryside Act 1981 (as amended)

All nesting birds, their nests, eggs and young are protected by law and it is an offence to:  intentionally kill, injure or take any wild bird  intentionally take, damage or destroy the nest of any wild bird whilst it is in use or being built  intentionally take or destroy the egg of any wild bird  intentionally (or recklessly in England and Wales) disturb any wild bird listed on Schedule1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird. The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine of up to 5,000 pounds, six months imprisonment or both.

12 Page 90 Welsh Water

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

SEWERAGE

Conditions

Foul water and surface water discharges shall be drained separately from the site. Reason: To protect the integrity of the public sewerage system. No surface water and/or land drainage shall be allowed to connect directly or indirectly with the public sewerage network. 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

SEWAGE TREATMENT

We are satisfied that the domestic discharges from this site can be accommodated at Presteigne Waste Water Treatment Works.

13 Page 91 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.

PCC Land Drainage

1st Response The County Council as Lead Local Flood Authority (LLFA) would wish the following comments/recommendations be applied:-

Flood Risk Management

Comments:

Planning Policy Wales TAN 15: Development & Flood Risk - Development Advice Map (DAM), designates the access route of the development area as category C2, which states the flooding consequences associated with Emergency Services and highly vulnerable development are not considered to be acceptable. However, the LPA is advised to consult NRW, who may have further data to verify the extent of flood risk in this locality.

The LLFA is not aware of any historical localised flooding (fluvial or pluvial) affecting the proposed development plots other than a historical surface water drainage issue that affected the existing driveway entrance to the football ground, which as far as we are aware, was successfully resolved.

Recommendation:

That the LPA consult National Resources Wales to evaluate the extent of any flood risk, particularly with regard to the C2 zone.

Surface Water Drainage

Observation:

Reference is made under ‘Envirnmental Sustainability’ in the Design & Access Statement to the consideration water harvesting and the use of permeable surfaces.

Mention is also made to surface water disposal in Item 13 - ‘Assessment of Flood Risk’ on the planning application, where it indicates disposal of surface water run-off to mains sewer.

No drainage details/drawings have been submitted in support the application.

Comment:

The LLFA is not aware that there are public surface water sewers available in the locality to which this development site could connect. Dwr Cymru Welsh Water would more than likely resist surface water run-off being connected to the public foul sewerage system.

14 Page 92 Part H of the Building Regulations sets out the preferred methods for disposal of surface water, in order of priority: soakaway; watercourse; sewer.

In accordance with good practice design, the LLFA would recommend the use of sustainable drainage systems (SuDS).

The site is classed as Greenfield. Therefore, proposed surface water flows should be equivalent to existing Greenfield run-off in accordance with the principles of TAN15 – Development and Flood Risk and good practice drainage design.

The use of rainwater harvesting is encouraged but it cannot be taken into account when sizing an attenuation system as the storage facility may be full when a storm event occurs.

Recommendation:

No development shall commence until a scheme for the drainage of the site has been submitted to and approved in writing by the local planning authority. The approved scheme shall be completed before the dwellings are occupied.

Reason:

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

2nd Response

Have now reviewed the submitted surface water disposal information. Although the porosity test procedure wasn’t exactly in accordance with best practice, i.e. BRE365 Soakaway design, it does however give a good indication that ground conditions within each of the proposed development sites would be suitable for surface water disposal.

I would therefore recommend that a detailed surface water drainage design be submitted and approved by the LPA prior to any commencement on site. The standards to which the design should follow is set out in my earlier response for both application sites.

Hope this is of assistance. Should you have any further queries please let me know.

Natural Resources Wales

15 Page 93 Thank you for consulting Natural Resources Wales (NRW) about the above, which was received on 27/04/2016 .

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. We consider it likely that the concerns can be addressed and would not object provided the proposal meets the requirements we have identified.

Summary of requirements

Requirement 1 – Protected Species Condition: Implementation of site lighting plan

Protected Species

Bats are protected under the Wildlife and Countryside act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010 (as amended).

NRW is satisfied that the Tree inspection for bats (Star Ecology 12/04/2016) has been carried out to an acceptable standard. The report states that there was no evidence that the site was being used as a bat roost.

However, trees have an important role as flight paths and foraging ground and we encourage trees to be retained in situ wherever possible. Where this is not possible we recommend the following:

Requirement 1 – Protected Species Condition: Implementation of site lighting plan

The implementation of a site lighting plan. Security lighting must be installed in a way that minimise/avoid light spill in areas that could potentially be used by foraging and commuting bats (all tree lines and hedgerows surrounding the site). Low level and low wattage, as well as low pressure sodium or high pressure sodium lamps, should be preferred to mercury or metal halide lamps.

The applicant should be advised that should bats be discovered at any stage during the works, all work should stop immediately and NRW contacted for further advice.

Natural Environment and Rural Communities (NERC) Act 2006

Please note that we have not considered possible effects on all species and habitats (including nesting birds) listed in section 42 of the Natural Environment and Rural Communities (NERC) Act 2006, or on the Local Biodiversity Action Plan or other local natural heritage interests. To comply with your authority's duty under section 40 of the NERC Act, to have regard to conserving biodiversity, your decision should take account of possible adverse effects on such interests. We recommend that you seek further advice from your authority's internal ecological adviser and/or nature conservation organisations such as the local Wildlife Trust, RSPB, etc. The Wales Biodiversity Partnership's web site has guidance for assessing proposals that have implications for section 42 habitats and species (www.biodiversitywales.org.uk). Please don’t hesitate to contact me if you require clarification on the above.

16 Page 94

Representations

Following the erection of a site notice 17 letters of objections have been received from public representations. The letters can be summarised as follows:

Objections:

 Access to the site is not suitable and is too narrow  Residents of Clattebrune already experience parking problems  Siting and scale of the dwellings would dwarf the existing dwellings  The positioning of the dwellings are not sympathetic to Clatterbrune House and has a negative impact on the listed building  Development will cause further land and drainage issues  Concern over the capacity of the sewerage  Contrary to policies SP3 and ENV3  Concerns over amenity of proposed dwellings from noise and light from the football grounds  Detrimental impact on trees  Depreciation in value of existing dwellings and loss of views  High density build out of keeping with the area

Planning History

P/2016/0128 – Outline (with all matters reserved) Development of four residential dwelling. P/2015/0416- Erection of two dwellings. Application withdrawn. P/2015/0414- Residential development of 4 dwellings. Application withdrawn.

Principal Planning Constraints

Flood Zone

Principal Planning Policies

National Planning Policy

Planning Policy Wales (Edition 8, January 2016) TAN 1 - Joint Housing Land Availability Studies (2015) TAN 2 - Planning and Affordable Housing (2006) TAN 5 - Nature Conservation and Planning (2009) TAN 6 - Planning for Sustainable Rural Communities (2010) TAN 12 - Design (2016) TAN 15: Development and Flood Risk (2004) TAN 18 - Transport (2007) TAN 23 – Economic Development (2014)

Circular 61/96 – Planning and the Historic Environment: Historuc Building and Conservation Areas

17 Page 95 Local planning policies Powys Unitary Development Plan (2010)

UDP SP2 – Strategic Settlement Hieratchy UDP SP5 - Housing Developments UDP GP1 - Development Control UDP GP3 - Design and Energy Conservation UDP GP4 - Highway and Parking Requirements UDP HP3 - Housing Land Availability UDP HP4 - Settlement Development Boundaries and Capacities UDP HP5 – Residential Developments UDP DC10 - Mains Sewage Treatment UDP DC11 - Non-mains Sewage Treatment UDP DC13 - Surface Water Drainage UDP DC14 – Flood Prevention Measures UDP DC17 – Cordon Sanitaries UDP DC8 - Public Water Supply UDP DC9 - Protection of Water Resources UDP ENV 1 - Agricultural Land UDP ENV 2 - Safeguarding the Landscape UDP ENV 3 - Safeguarding Biodiversity & Natural Habitats UDP ENV 7 - Protected Species UDP ENV14 – Listed Buildings UDP TR2 – Tourist Attractions and Development Areas

Powys Residential Design Guide (SPG)

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

Officer Appraisal

Introduction

Principle of Development

For the purposes of the Powys Unitary Development Plan, the site subject to this application is a windfall site that lies within the settlement development boundary of Presteigne and therefore it is considered that the principle proposed development fundamentally complies with relevant planning policy.

Design

18 Page 96 With respect to design and appearance, specific reference is made to UDP policies GP1 and HP5. The respective policies indicate that development proposals will only be permitted where the design, scale, mass and materials used complement and wherever possible enhance the character and appearance of the surrounding area.

Presteigne comprises of a mixture of two storey and single storey properties taking the form of terraced, semi-detached or detached properties. The site does however lie within the grounds of Clatterbrune House, a large listed building in the Arts and Crafts style set in large landscaped grounds.

Whilst it is acknowledged that consent is sought in outline with all matters reserved for further determination it is considered that appropriately designed dwellings could be incorporated into the application site whilst still safeguarding the character and appearance of the surrounding area and the adjoining listed building.

In light of the above it is therefore considered that appropriately designed dwellings could be incorporated into the application site and therefore fundamentally complying with relevant planning policy.

Highway Safety

The proposed development will be accessed from a new access off a road which leads to a playing field, workshop and sewerage works which forks from Clatterbrune.

Initial consultation with the Highway Authority stated that concerns had been raised over the increase in traffic on to Clatterbrune, however they did say that this could not be assumed as being significant. The proposal does offer alterations to the highway as a betterment to the existing access on to Clatterbrune. However as this is an outline application with all matters reserved, the detail relating to the access and the proposed betterment will be considered at any subsequent Reserved Matters application.

Biodiversity

Policies ENV3, ENV4, ENV5 and ENV7 respectively seek to maintain biodiversity, protect designated sites and safeguard protected species and their habitats.

An initial request for additional information was made in relation to the potential impacts of the proposed development on otters, by the Powys Ecologist, however following the submission of further information, namely confirmation that there is no open watercourse present on site, this request was withdrawn.

19 Page 97 A bat report was submitted in support of the application and has been assessed by the Powys Ecologist. The Ecologist considered the assessment and conclusions to be appropriate to address the concerns regarding potential impacts to bats raised by NRW and the Ecologist in earlier consultations.

NRW offered no objection to the proposed development provided a condition is attached to any decision requiring the submission of a site lighting plan to ensure that there are no negative impacts on protected species.

Officers are satisfied that subject to conditions the proposed development will not have an unacceptable adverse impact on biodiversity in accordance with planning policy.

Drainage

Policy DC13 relates to surface water drainage.

Concerns have been raised from the Community Council and neighbouring residential properties that the application site is subject to drainage problems.

It is noted that the application proposes to dispose of surface water through the main sewer. Dwr Cymru has however requested a condition stating that no surface water shall be allowed to connect to the public sewerage network. Dwr Cymru did however state that they are satisfied that the domestic discharges from this site can be accommodated at Presteigne Waste Water Treatment Works.

The Land Drainage Officer was also consulted on the application and no objections were received. A condition has however been requested requiring the submission of a scheme for the drainage of the site.

As such, as no objections have been received in relation to drainage it is considered that subject to conditions the proposal would not have a detrimental impact on the drainage of the site or wider area, and as such fundamentally complies with the relevant planning policy.

Built Heritage

Policy ENV14 of the UDP states that proposals for development which would unacceptably adversely affect a listed building or its setting would be refused.

The site lies within the grounds of the listed Clatterbrune House. As such consultation with the Built Heritage Officer was requested. The site is located to the rear of Clatterbrune House, which is currently a well wooded area. The list description for the dwelling refers to Clatterbrune as being a small country house within its own grounds. The submitted information in support of the application details bespoke Arts and Crafts dwellings in keeping with the style of the listed building.

No objections were received from the Built Heritage Officer provided that conditions were attached to any consent requiring the submission of an appropriate design and materials. It is therefore considered that, whilst the application is in outline, that the proposed dwellings can be designed not to have a detrimental impact on the listed building. As such, the proposal fundamentally complies with the relevant planning policy.

20 Page 98

Residential Amenity

Policy GP1 of the Powys UDP seeks to safeguard residential amenity by reasons such as overlooking, privacy and overbearing impact. Guidance within the Powys Residential Design Guide (RDG) indicates that potential impact on adjoining properties should, where possible, be managed through sympathetic design including siting and scale.

Concern has been expressed regarding the impact of the proposed development on the amenities enjoyed by existing properties surrounding the site.

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

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

Recommendation

In light of the above the proposed development is considered to fundamentally comply with planning policy. The recommendation is one of conditional approval.

Conditions:

1. Details of the access, appearance, landscaping, layout, and scale, (hereinafter called ""the reserved matters"") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved. 2. Any application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission. 3. The development shall begin either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. 4. The development shall be carried out strictly in accordance with the documents (Design Statement and Tree Survey and Arboricultural Report) and plans (plan no’s. 14/883/A received 26th January 2016 and 14/883/B received April 27th 2016) and stamped as approved. 5. No development shall commence until a scheme for the drainage of the site has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be completed prior to the dwellings being occupied. 6. Prior to the commencement of development a lighting design scheme to take any impacts on nocturnal wildlife into consideration shall be submitted and approved in writing by the Local Planning Authority and implemented in full and maintained thereafter. 7. Foul water and surface water discharges shall be drained separately from the site.

21 Page 99 8. No surface water and/or land drainage shall be allowed to connect directly or indirectly with the public sewerage network.

Reasons

1. To enable the Local Planning Authority to exercise proper control over the development in accordance with Section 92 of the Town and Country Planning Act 1990. 2. Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 3. Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 4. To ensure adherence to the plans stamped as approved in the interests of clarity and a satisfactory development. 5. In order to ensure the proposed means of surface sewage disposal is acceptable in the interests of the environment and public health. This condition is imposed in accordance with policies GP1, DC11 and DC13 of the Powys Unitary Development Plan (2010) and Planning Policy Wales (2016). 6. To comply with the Powys County Council’s UDP policies SP3 and ENV 3 in relation to the Natural Environment and to meet the requirements of Planning Policy Wales (8th Edition 2016), TAN 5: Nature Conservation and Planning and Section 6 of the Environment (Wales) Act 2016. 7. To protect the integrity of the public sewerage system in line with policy DC13 of the Powys Unitary Development Plan 2010. 8. To protect the integrity of the public sewerage system in line with policy DC13 of the Powys Unitary Development Plan 2010.

Informative Notes

Highways Authority:

Advance Payment Code Notices under the Highways Act 1980 will be served and the monies of which will need to be secured with the Council prior to any works commencing. In addition, the width of the access road will need to be amended to accord with adoptable standards

Building Regulations This development will need separate prior approval under the Building Regulations before it may proceed - if you have not already done so please contact Building Regulations 01874 612290.

______Case Officer: Isobel Davies- Planning Officer Tel: 01597 827395 E-mail:[email protected]

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Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2016/0128 Grid Ref: 332061.07 264112.63

Community Presteigne Valid Date: Officer: Council: 12/02/2016 Tamsin Law

Applicant: Mr Gareth Davies

Location: Clatterbrune, Presteigne, Powys, LD8 2LB

Proposal: Outline (with all matters reserved) Development of four residential dwellings

Application Application for Outline Planning Permission Type:

The reason for Committee determination The proposed development has been called in by the Local Member as there have been objections received by the Community Council and neighbours and concerns are regarding drainage and highways access.

Site Location and Description The site subject to this application is located within the settlement development limits of Presteigne as defined by the Powys Unitary Development Plan 2010 (UDP). The site is located to the north east of Clatterbrune House, to the rear of the existing dwellings.

The site will be accessed from Clatterbrune, a residential estate road which leads to playing fields to the north of the site. The site is bound to the north by the playing field and beyond that existing residential dwellings (Lugg View estate), to the east by an area of open land which then leads to the Welsh Water Treatment Works, to the south by the existing dwellings on Clatterbrune, and to the west by an area of wooded land currently pending determination for a residential development.

Consent is sought in outline for the erection of two dwellings; all matters have been reserved for future consideration.

Consultee Response

Presteigne Town Council The Town Council wishes to object to both applications on the following grounds –

1. The impact on protected species on the site and the need for an ecological survey 2. The disproporitonate size of the porposed dwellings compared to neighbouring properties on the CLatterbrune Estate. 3. The effect on those current dwellings with overshadowing, a reducion in provacy and reduction in natrual light. 4. The proposed dwellings are not in keeping with those in the immediate area.

1 Page 103 5. Concern over the capacity of the sewerage and drainage system to cope with additional dwellings given the Welsh Water response to the application for housing on the Knighton Road site. 6. The narrow access road is unable to cope with increased traffic, particularly given that the road is already used for access to the football club and grounds and also to the Welsh Water treatment works (lorries presently have to reverse down this road as there is no turning space avaiable) 7. Pavements are shown on the plans of the existing road to Clatterbrune from the football club do not presently exist and the road does not have sufficient width for these to be built. 8. The proposed access road will be serving both applications, making a total of six properties. The Council feels that under these circumstances the access road should be brought up to adoptable standards on width, footways and surface. 9. There are also concerns about the proposals for the existing trees both on and adjacent to the site. In addition the seven mature trees bordering the access road appear to not have been covered in expert reports either on the trees themselves or their root spread and this should be done. 10. The impact on the adjacent listed building and the need to ensure CADW are consulted. 11. The need for an archaeological survey of the site. 12. The need for Welsh Water to be fully consulted and made aware of possible asset encroachment on their infrastructure so that necessary risk assessment can be carried out, particularly given the need for the present sewage works to be upgraded (expected in the Welsh Water 2020-2025 capital plan)

The above points were made in the main all made previously in respect of application numbers P/2015/0416 and 0414. In addiiton the Town Council would like to make the following points which are contained in detail in the attached letter from Presteigne St. Andrews Football Club, these being:  Problems with drainage  Access problems, which have not been alleviated by previous measures (sleeping policeman/danger signs) and are therefore unlikely to be removed by the use of block paviours  The need for high fencing to proptect the properties from stray footballs  Floodlights, these would be very close in proximity to the new development and would impact on the proposed properties. Any change in usage restriction on these floodlights should not be permitted.

In addition the Council has received letters from 22 local residents objecting to the application. I understand these residents have sent copies of these letters to you direct.

Concerns raised by residents are- -Concern about the trees affected by the application -Disproportionate size and privacy -The effect on the adjacent listed building -The impact on proptected species -The access road narrow and potentially dangerous -Inadequate drainage/sewerage capacity in the area already prone to flooding -The development of a greenfield site -Insufficient notices advertising the application

2 Page 104 -The lack of need for such housing -The existence of old ammunition in ground -Devaluation of existing properties -The development contradicts a covenant on Clatterbrune House -Inadequate fencing proposed -The site is unsiotable due to its location immediately adjacent to the sewage works -Proivision of access to rear properties for maintenance -No room for pavements on the narrow access road -The possibility that a national grid power cable runs across the site

PCC – Environmental Health 1st Response This application does bring two properties closer to the sewage works and with it the potential to cause odour issues but saying this, we have not received any complaints and neither have WW. Due to the close proximity of the proposed plots I would like the applicant to supply an odour assessment.

2nd Response As the site is extremely close to a Welsh Water sewage treatment works I visited the area and remained on site for some time, this enabled me to experience the sewage treatments works in operation.

Odours were detected along with two noise sources, one being a constant flow of water and the other a pump operating, the combination of all three would have a detrimental effect on the amenity for the occupants of plot 4.

I therefore recommend refusal on plot 4.

Plot 3 raises concerns for the reasons already mentioned above, however the noise issues could be mitigated by suitable landscaping work to the boundary of plot 3, I would wish to see this addressed prior to a full application.

PCC - Highways 1st Response I am aware of the considerable amount of concern raised regarding highway safety in response to this application. I am also conscious that the level of increase these dwellings represent over the existing use of Clatterbrune, the football ground, workshop and sewerage works is not quantified and cannot therefore be assumed as significant.

There remain issues with the detail shown. The carriageway alignment turns too steeply after entering the site and should take a wider curve with the footway and carriageway filling

3 Page 105 the space available within the land owned. A widening ‘behind’ the fence adjacent to plot 3 will not safely allow exiting traffic to see in-coming vehicles. By straightening the alignment and widening the carriageway evenly on both sides forward visibility should be improved and passing space made readily available.

The footway provision across the access serving plots 1 and 2 should take precedence over the carriageway and its radii in order to maintain the pedestrian priority environment.

I therefore do not wish to object to this application but seek to be guided on how many of the issues I have highlighted require addressing in full for this application.

2nd Response The Highway Authority has considered the traffic generation from this proposal and with a commitment from the applicant’s agent that alterations to the county highway will form part of any reserved matters application to ensure highway safety conditions are maintained, we therefore do not wish to oppose the application and recommend the following conditions are included on consent that may be issued.

PCC - Building Control No comments received by Development Management at the time of writing this report

Wales and West Utilities No comments received by Development Management at the time of writing this report

PCC - Built Heritage Officer I can confirm that Clatterbrune House is a large listed building in the Arts and Crafts style set in large landscaped grounds. Mature trees bound the site and add to its setting. I note that the house is now 2 properties, Clatterbrune and Clatterbrune West.

4 Page 106 as well as the character of historic buildings may suffer and they can be robbed of much of their interest and of the contribution they make to townscape or the countryside if they become isolated from their surroundings, e.g. by new traffic routes, car parks, or other development.”

However, I would also refer to more recent guidance in paragraph 6.5.9 of Planning Policy Wales 8th edition 2016 which states, “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.”

I note policy ENV 14 of the Powys Unitary Development Plan which states that Proposals for development unacceptably adversely affecting a listed building or its setting will be refused.

The application site is adjacent to the football ground ( I note that it was a previous POW camp), and will not be visible from the listed Clatterbrune House(s), nor will Clatterbrune House(s) be visible from the site due to the dense ornamental screening of trees. I note the existing housing estate, and the proximity of those dwellings to Clatterbrune House, albeit that Clatterbrune House was listed on 26th March 1985, after the housing estate was developed.

In this instance I would not consider that the proposal adversely affects the setting of Clatterbrune House and as such I will not be objecting to the application.

PCC - Ecologist 1st Response Thank you for forwarding through the bat assessment reports produced by Star Ecology in relation planning applications P/2016/0128 and P/2016/0137. I have reviewed the reports and consider the assessment and conclusions to be appropriate to address the concerns regarding potential impacts to bats raised by myself and NRW in previous correspondence.

5 Page 107

2nd Response Apologies for the delay in getting a response with you with regards to planning applications P/2016/0128 & P/2016/0137. The applications concern an Outline application (with all matters reserved) Development of four residential dwellings and an Outline application (all matters reserved): Erection of two dwellings respectively.

In light of this information I now consider my request for further ecological information to be submitted as no longer necessary.

6 Page 108 Therefore should you be minded to approve planning application P/2016/0128 I recommend inclusion of the following condition:

Therefore should you be minded to approve planning application P/2016/0137 I recommend inclusion of the following condition:

In addition with regards to both applications I recommend inclusion of the following informatives:

Bats - Wildlife & Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2010 (as amended)

7 Page 109 Birds - Wildlife and Countryside Act 1981 (as amended)

PCC - Land Drainage 1st Response Flood Risk Management

Comments:

Planning Policy Wales TAN 15: Development & Flood Risk - Development Advice Map (DAM), designates the development site as category C2, which states the flooding consequences associated with Emergency Services and highly vulnerable development are not considered to be acceptable. However, the LPA is advised to consult NRW, who may have further data to verify the extent of flood risk in this locality.

The LLFA is not aware of any historical localised flooding (fluvial or pluvial) affecting the proposed development site other than a historical surface water drainage issue that affected the existing driveway entrance to the football ground, which as far as we are aware, was successfully resolved.

Recommendation:

That the LPA consult National Resources Wales to evaluate the extent of any flood risk, particularly with regard to the C2 zone.

Surface Water Drainage

Observation:

Reference is made under ‘Envirnmental Sustainability’ in the Design & Access Statement to the consideration water harvesting and the use of permeable surfaces.

8 Page 110 Mention is also made to surface water disposal in Item 13 - ‘Assessment of Flood Risk’ on the planning application, where it indicates disposal of surface water run-off to mains sewer.

No drainage details/drawings have been submitted in support the application.

Comment:

Part H of the Building Regulations sets out the preferred methods for disposal of surface water, in order of priority: soakaway; watercourse; sewer.

In accordance with good practice design, the LLFA would recommend the use of sustainable drainage systems (SuDS). However, careful consideration will be needed in any drainage design, particularly the proximity of any sustainable drainage system in relation to the proposed and existing dwellings, as well as the existing access road. Part H of the Building Regulations states a 5 metre (minimum) distance between a building and road and any proposed infiltration system.

The use of rainwater harvesting is encouraged but it cannot be taken into account when sizing an attenuation system as the storage facility may be full when a storm event occurs.

Recommendation:

Reason:

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

9 Page 111 2nd Response Have now reviewed the submitted surface water disposal information. Although the porosity test procedure wasn’t exactly in accordance with best practice, i.e. BRE365 Soakaway design, it does however give a good indication that ground conditions within each of the proposed development sites would be suitable for surface water disposal.

Hope this is of assistance. Should you have any further queries please let me know.

3rd Response I refer to you enquiry concerning the above mentioned applications and, in particular, the flood zone mapping.

Having reviewed NRW’s flood zone maps again and, the recently updated TAN15 Development Advice Map, I can confirm both sites lie wholly outside the flood zone.

Welsh Water

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

SEWERAGE

Conditions Foul water and surface water discharges shall be drained separately from the site.

Reason: To protect the integrity of the public sewerage system.

No surface water and/or land drainage shall be allowed to connect directly or indirectly with the public sewerage network.

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

10 Page 112 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

SEWAGE TREATMENT

We are satisfied that the domestic discharges from this site can be accommodated at Presteigne Waste Water Treatment Works.

Natural Resources Wales Thank you for referring the above application. Natural Resources Wales understands that this planning application is on the same site as the previous application P/2015/0414 that was withdrawn.

Natural Resources Wales does not object to the proposed development in this location but we advise that the full application may need to be supported by a bat report, with details of avoidance and mitigation measures.

European Protected Species – Bats Natural Resources Wales (NRW) recommend that your Authority screens the application to see if there is a reasonable likelihood of bats being present and the need for a bat survey in accordance with Technical Advice Note 5: Nature Conservation and Planning (paragraph 6.2.2).

Bats and their breeding sites and resting places are protected under the Conservation of Habitats and Species Regulations 2010 (as amended). Any development that would contravene the protection afforded to bats under the Regulations would require a derogation licence from Natural Resources Wales. A licence may only be authorised if:

i. there is no satisfactory alternative and ii. 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. In addition, iii. the development works to be authorised must be for the purposes 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.

11 Page 113

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.

NRW have a record of a brown long eared bat maternity roost within 280 metres of the application site. Therefore, as the proposal involves the removal of trees and there appears to be a shed that would require demolition, we recommend that your Authority screens the application to see if there is a reasonable likelihood of bats being present and the need for a bat survey in accordance with Technical Advice Note 5: Nature Conservation and Planning (paragraph 6.2.2).

We do not consider it likely that development of this site would be detrimental to the favourable conservation status of the species concerned provided any suitable mitigation necessary was implemented as part of full planning consent.

The Natural Environment and Rural Communities (NERC) Act (2006)

Please note that we have not considered possible effects on all species and habitats listed in section 42 of the Natural Environment and Rural Communities (NERC) Act 2006, or on the Local Biodiversity Action Plan or other local natural heritage interests. To comply with your authority’s duty under section 40 of the NERC Act, to have regard to conserving biodiversity, your decision should take account of possible adverse effects on such interests. We recommend that you seek further advice from your authority’s internal ecological adviser and/or nature conservation organisations such as the local Wildlife Trust, RSPB, etc. The Water Biodiversity Partnership’s web site has guidance for assessing proposals that have implications for section 42 habitats and species (www.biodiversitywales.org.uk).

To conclude, Natural Resources Wales does not object to the proposed development in this location, but we advise that the full application may need to be supported by a bat report, with details of avoidance measures.

CPAT I write to confirm that there are no archaeological implications for the proposed development in this location.

Public Response Following the erection of a site notice 18 letters of objections have been received from public representations. The letters can be summarised as follows:

Objections:

 Access to the site is not suitable and is too narrow  No footpath is existing on the road to the site  Residents of Clattebrune already experience parking problems  Siting and scale of the dwellings would dwarf the existing dwellings  The positioning of the dwellings are not sympathetic to Clatterbrune House and has a negative impact on the listed building

12 Page 114  Development will cause further land and drainage issues  Concern over the capacity of the sewerage  Contrary to policies SP3 and ENV3  Concerns over amenity of proposed dwellings from noise and light from the football grounds  Detrimental impact on trees  Depreciation in value of existing dwellings and loss of views  High density build out of keeping with the area

Planning History P/2015/0414 – Outline: Residential development of 4 dwellings (all matters reserved). Withdrawn. P/2015/0416- Erection of two dwellings. Application withdrawn. P/2016/0137 – Outline (all matters reserved): Erection of two dwellings. Pedning determination.

Principal Planning Constraints Flood Zone

Principal Planning Policies

National Planning Policy

Circular 61/96 – Planning and the Historic Environment: Historic Building and Conservation Areas

Local planning policies Powys Unitary Development Plan (2010)

UDP SP2 – Strategic Settlement Hierarchy UDP SP5 - Housing Developments UDP GP1 - Development Control UDP GP3 - Design and Energy Conservation UDP GP4 - Highway and Parking Requirements UDP HP3 - Housing Land Availability UDP HP4 - Settlement Development Boundaries and Capacities UDP HP5 – Residential Developments UDP DC10 - Mains Sewage Treatment UDP DC11 - Non-mains Sewage Treatment UDP DC13 - Surface Water Drainage

13 Page 115 UDP DC14 – Flood Prevention Measures UDP DC17 – Cordon Sanitaries UDP DC8 - Public Water Supply UDP DC9 - Protection of Water Resources UDP ENV 1 - Agricultural Land UDP ENV 2 - Safeguarding the Landscape UDP ENV 3 - Safeguarding Biodiversity & Natural Habitats UDP ENV 7 - Protected Species UDP ENV14 – Listed Buildings UDP TR2 – Tourist Attractions and Development Areas

Powys Residential Design Guide (SPG)

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

Officer Appraisal

Introduction

Principle of Development

Design

With respect to design and appearance, specific reference is made to UDP policies GP1 and HP5. The respective policies indicate that development proposals will only be permitted where the design, scale, mass and materials used complement and wherever possible enhance the character and appearance of the surrounding area.

Presteigne comprises of a mixture of two storey and single storey properties taking the form of terraced, semi-detached or detached properties. The site does however lie to the north east of Clatterbrune House, a large listed building in the Arts and Crafts style set in large landscaped grounds.

Whilst it is acknowledged that consent is sought in outline with all matters reserved for further determination it is considered that appropriately designed dwellings could be incorporated

14 Page 116 into the application site whilst still safeguarding the character and appearance of the surrounding area and the adjoining listed building.

Highway Safety

The proposed development will be accessed from a new access off a road which leads to a playing field, workshop and sewerage works which forks from Clatterbrune.

Following a site visit with the Highways Authority amended plans were received which provided further detail on the proposed highways arrangements. Following receipt of this information the Highways Authority confirmed that they did not oppose the application subject to appropriately worded conditions being attached to any consent securing that works to upgrade the highway are undertaken prior to any other works commencing on site.

Biodiversity

Policies ENV3, ENV4, ENV5 and ENV7 respectively seek to maintain biodiversity, protect designated sites and safeguard protected species and their habitats.

A bat report was submitted in support of the application and has been assessed by the Powys Ecologist. The Ecologist considered the assessment and conclusions to be appropriate to address the concerns regarding potential impacts to bats raised by NRW and the Ecologist in earlier consultations. NRW offered no objection to the proposed development.

Officers are satisfied that subject to conditions the proposed development will not have an unacceptable adverse impact on biodiversity in accordance with planning policy.

15 Page 117

Drainage

Policy DC13 relates to surface water drainage.

Concerns have been raised from the Community Council and neighbouring residential properties that the application site is subject to drainage problems.

Environmental Health

Environmental Health Services initially objected to the proposed development due to its proximity to the Welsh Water Treatment Works and the noise and odour issues that could arise. The Environmental Health Officer undertook a site visit and detected odours and two noise sources which could have a detrimental impact on the amenity of plot four. Concerns were still raised in relation to plot 3 however it was considered that these could be mitigated through suitable landscaping and boundary treatments.

Following this consultation response the agent amended the application to remove both plots 3 and 4 from the proposal. No concerns were raised in relation to noise and odour on plots 1 and 2 and it is therefore considered that the proposed development fundamentally complies with the relevant criterion within policy GP1.

Built Heritage

Policy ENV14 of the UDP states that proposals for development which would unacceptably adversely affect a listed building or its setting would be refused.

The site lies within the grounds of the listed Clatterbrune House. As such consultation with the Built Heritage Officer was requested. The application site is adjacent to the football ground (I note that it was a previous POW camp), and will not be visible from the listed Clatterbrune House(s), nor will Clatterbrune House(s) be visible from the site due to the dense ornamental screening of trees. I note the existing housing estate, and the proximity of those dwellings to Clatterbrune House, albeit that Clatterbrune House was listed on 26th March 1985, after the housing estate was developed.

16 Page 118 No objections were received from the Built Heritage Officer and it is therefore considered that, whilst the application is in outline, that the proposed dwellings can be designed not to have a detrimental impact on the listed building. As such, the proposal fundamentally complies with the relevant planning policy.

Residential Amenity

Concern has been expressed regarding the impact of the proposed development on the amenities enjoyed by existing properties surrounding the site.

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

Recommendation

In light of the above the proposed development is considered to fundamentally comply with planning policy. The recommendation is one of conditional approval.

Conditions:

1. Details of the access, appearance, landscaping, layout, and scale, (hereinafter called ""the reserved matters"") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved. 2. Any application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission. 3. The development shall begin either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. 4. The development shall be carried out strictly in accordance with the documents (Design Statement dated January 2016) and plans (plan no’s. 14/905/B received 17th October 2016) and stamped as approved. 5. No development shall commence until a scheme for the drainage of the site has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be completed prior to the dwellings being occupied. 6. Prior to the commencement of development a lighting design scheme to take any impacts on nocturnal wildlife into consideration shall be submitted and approved in writing by the Local Planning Authority and implemented in full and maintained thereafter. 7. Foul water and surface water discharges shall be drained separately from the site.

17 Page 119 8. No surface water and/or land drainage shall be allowed to connect directly or indirectly with the public sewerage network. 9. Prior to the commencement of any works on site the applicant shall submit and have approved in writing by the local planning authority full details of a scheme for the construction all on site infrastructure including access road, pedestrian footways, parking and turning facilities and for the provision of highway improvements to the unclassified highway U1907. 10. Prior to the occupation of any of the dwellings, all access related infrastructure and highway improvements referred to above, shall be fully completed to the written satisfaction of the local planning authority

Reasons

Informative Notes Building Regulations This development will need separate prior approval under the Building Regulations before it may proceed - if you have not already done so please contact Building Regulations 01874 612290.

Welsh Water 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

18 Page 120 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

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

19 Page 121 Page 122 PTLRW101 - 20167

Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2016/0703 Grid Ref: 322509.33 307542.44

Community Welshpool Valid Date: Officer: Council: 30/06/2016 Louise Evans

Applicant: Mr Robert Robinson, Welshpool Town Council, Union Street, Triangle House, Welshpol, Powys, SY21 7PG

Location: First and Second Floor 7 Church Street, Welshpool, Powys, SY21 7DL

Proposal: Change of use of office premises to create a single dwelling unit togetehr with the erection of a walkway.

Application Application for Full Planning Permission Type:

The reason for Committee determination This application requires determination by planning committee as it is a departure from the development plan and is recommended for approval.

Site Location and Description The property is located off Church Street in the centre of Welshpool. The application relates to the first and second floors of the property, located above shops that occupy 5, 6 and 7 Church Street. Access is gained via Parkers Place at the rear of the building.

Consultee Response

Welshpool Town Council This is just to confirm that Welshpool Town Council administers the Trust which has made the planning application and therefore has an interest to declare. However our Town Plan supports upper floor resdiential uses in the Town Centre to bring life at night.

Local Highway Authority No objection please refer to Welsh Government Transport.

Welsh Government Transport - Trunk Road I refer to your consultation of 4th July 2016 regarding the above application and advise that the Welsh Government as highway authority for he A458 trunk road does not issue a direction in respect of this application.

Wales and West Utilities No response received

Severn Trent Waste Water Comments With Reference to the above planning application the company’s observations regarding sewerage are as follows.

Page 123

I can confirm that we have no objections to the proposals subject to the inclusion of the following condition:

 The development hereby permitted should not commence until drainage plans for the disposal of foul and surface water flows have been submitted to and approved by the Local Planning Authority, and  The scheme shall be implemented in accordance with the approved details before the development is first brought into use. This is to ensure that the development is provided with a satisfactory means of drainage as well as to reduce or exacerbate a flooding problem and to minimise the risk of pollution

Additional Waste Water Comments:

Severn Trent Water advise that there is a public sewer located within this site. Public sewers have statutory protection and may not be built close to, directly over or be diverted without consent. You are advised to contact Severn Trent Water to discuss the proposals. Severn Trent will seek to assist in obtaining a solution which protects both the public sewer and the building. Please note, when submitting a Building Regulations application, the building control officer is required to check the sewer maps supplied by Severn Trent and advise them of any proposals located over or within 3 meters of a public sewer. Under the provisions of Building Regulations 2000 Part H4, Severn Trent can direct the building control officer to refuse building regulations approval.

PCC - Built Heritage Officer I can confirm that 7 Church Street is a grade ll listed building (Cadw ID 16653) included on the statutory list on 11 March 1981. The building is in a prominent location within the Welshpool Conservation Area.

I am mindful of the advise contains in paragraph 22 of Welsh Office Circular 61/96 which states that; “ Bringing vacant upper floors back into use, particularly residential use, not only provides additional income and security for the shop owner, but also helps to ensure that what are often important townscape buildings are kept in good repair. It meets a widespread need for small housing units and helps to sustain activity in town centres after working hours. Local planning authorities are urged to develop policies to secure better use of vacant upper premises, e.g. by giving careful consideration to planning applications for shop conversions which would eliminate separate accesses to upper floors; by working with housing associations to secure residential conversion; and through the house renovation grant system”

I also note Policy RP5 of the Powys UDP.

The Powys Unitary Development Plan reflects National Guidance with policy ENV 14, stating that “Proposals for development unacceptably adversely affecting a listed building or its setting will be refused, and policy UDP SP3 b which states that “Proposals for development should seek to protect, conserve and wherever possible enhance sites and features of historic and built heritage importance including those of archaeological, architectural and, heritage conservation and historic interest”.

Page 124 Paragraph 94 of Welsh Office Circular 61/96, which states that where new uses for listed buildings are proposed. It is important to balance the effect of any changes on the special interest of the listed building against the viability of any proposed use and of alternative and possibly less damaging uses.

I understand from site meetings that given the nature of the building and the existing use that there will be no requirement to upgrade the thermal elements of the building, which is welcomed.

I note the modern partition that is to be removed and would have no objections to this modern plasterboard partition being removed which would enhance the adjacent room and “relocate” the window to a more central location in the room.

I note that the timberwork is to be retained as it is currently and would support that approach which retains the timberwork in situ without alteration. I also note the timber wall in the walk through room on the upper floor and welcome this room being left untouched rather than altered to make the proposal more viable.

The proposed change of use is a very light touch which is welcomed for listed buildings, and especially those changes of use from one habitable use to another.

The only changes to the building would be the external vents for the bathroom which is black in colour and relatively discrete.

I note that paragraph 8 of welsh Office Circular 61/96 reminds us of our duties in that “Authorities are also required by Section 72 of The Planning (Listed Buildings and Conservation Areas) Act 1990, in the exercise in a conservation area of their powers under the Planning Acts, to pay special attention to the desirability of preserving or enhancing the character or appearance of that area.”

Local Plan policies reflect national legislation and I am mindful of the policies relating to general development within the Powys UDP namely: UDP SP3 b which states that “Proposals for development should seek to protect, conserve and wherever possible enhance sites and features of historic and built heritage importance including those of archaeological, architectural and, heritage conservation and historic interest”.

I would consider that the proposal would satisfy national aims and guidance in that the building and area would be protected, and hopefully enhanced by residential use as opposed to commercial.

I would support the application as it permits the reuse of an area of a listed building which would enable its long term maintenance with the minimum of changes to the listed building proposed.

Natural Resources Wales 19/07/2016 NRW does not object because the flood consequences assessment has shown the proposal is compliant with table A1.14 of TAN15. However, we have some technical advice to help your authority consider the requirements of table A1.15 of TAN15.

Page 125 Flood Risk

Whilst we do not wish to raise an objection to the proposed development (Highly vulnerable development above existing less vulnerable development), we do have some concerns, which we would advise you to take into account in your determination of the application.

The proposed change of use from offices to residential use on the upper floors in this application will result in the intensification of ‘highly vulnerable development’, with the likely introduction of more people into a flood risk area. The information submitted in support of the application gives no consideration to the flood risk posed to the property and its occupants and the potential implications for the Emergency Services should evacuation be required during a flood event.

As you are aware, the application site lies entirely 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 site to be within the 1% (1 in 100 year) and 0.1% (1 in 1000 year) annual probability fluvial flood outlines of the Lledan Brook.

Section 6 of TAN15 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.

In line with paragraph 11.20 (TAN15), as there is a change from a low vulnerability use to a high vulnerability use, the consequences of flooding should be assessed.

We therefore advise that an FCA be undertaken prior to determination of the application that meets the criteria set out in TAN15. The purpose of the FCA is to ensure that all parties, including your Authority, are aware of the risks to and from the development, and ensure that if practicable, appropriate controls can be incorporated in a planning permission to manage the risks and consequences of flooding.

We acknowledge that aspects of the Flood Alleviation Scheme may have reduced the likelihood of flooding in this area but no consideration has been given to this. The FCA should include records of discussions with Powys CC Drainage team regarding the ‘as built’ elements of the Flood Alleviation Scheme and how they will benefit this application.

We also recognise that Table A1.14 of TAN15 will be satisfied for the highly vulnerable development as it is above first floor.

We refer you to other appropriate bodies for their requirements in regard to the FCA. We would recommend you consult other professional advisors on the acceptability of proposals and 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 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.

Further Advice to Applicant

Page 126 We recommend you consider the future insurability of this development now. Although we have no involvement in this matter we would advise you to review the Association of British Insurers published a paper, ‘Climate Adaptation: Guidance on Insurance Issues for New Developments’, to help you ensure any properties are as flood proof as possible and insurable. The paper can be found via http://www.abi.org.uk/content/contentfilemanager.aspx?contentid=24988

European Protected Species - Bats

An ecological report was not provided with this application and from the plans it appears that the works involve internal refit only without necessity to work within any areas with potential to host bats.

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, the necessary conditions for the eventual grant of a licence are likely to be satisfied.

Scope of NRW Comments

07/11/2016 Thank you for referring the above consultation received by us on 23rd October 2016. We previously responded to this case on 19th July 2016 CAS-20771-C7B4 .

We have reviewed the FCA Report K0764/1 October 2016 by Hydro-Logic Services. We do not object because the FCA is compliant with the requirements of TAN 15. We support its recommendations relating to access/egress as described in the report section 5, Summary, points 7 to 9 on page 26.

Page 127 Representations No public representation received.

Planning History P/2016/0702 - Listed building consent for alterations including removal of internal partition wall and installation of fan outlets CC 26/09/2016 P/2012/1147 - LBC: Change of use of premises from A1 to A1 and A3 use. Removal of canopy and positioning of swan neck lamps to front. repaint shop front. Overhaul stair case with addition of tubular bar to top of handrail, renew doors as specified with fire doors and position guarding across specified windows. Application withdrawn P/2012/1146 - Full: Change of use of premises from A1 to combined A1 and A3 (cafe and gift shop). Application withdrawn M19214 – Alterations to front and rear Elevations at 5/6 Church Street – conditional consent 2/3/90 M5190 - Change of Use Office to Record Shop – 5 Church Street – cc 4/8/78 M10386 – Change of Use 2nd Floor from Residential to Office – cc 3/9/82 M11439 – LBC for Alterations at 5/6/ Church Street granted 7/10/83 M14737 – LBC for projecting Advertisement Sign Box at County Goldsmiths 5/6 church street DECLINED M14717 AS M14737 DECLINED 9/1/87

Principal Planning Constraints National Flood zone 2 and 3 (Zone C2) Listed Building

Principal Planning Policies

National Policies Planning Policy Wales (Edition 8, January 2016) TAN 15 - Development and Flood Risk (2004)

Local Policies UDP DC10 - Mains Sewage Treatment UDP DC13 - Surface Water Drainage UDP E7 - Solar Technologies UDP ENV 11 - Development in Conservation Areas UDP ENV 14 - Listed Buildings UDP GP1 - Development Control UDP GP4 - Highway and Parking Requirements UDP HP5 - Residential Developments UDP RP5 - Living Over the Shop UDP SP14 - Development In Flood Risk Areas

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

Officer Appraisal

Members are advised to consider this application in accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, which requires that, if regard is to be had to

Page 128 the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise.

Principle of Development In considering the principal of this application, Unitary Development Plan policies HP5 - Residential Developments and RP5 - Living Over the Shop should be taken into account. Policy HP5 supports residential development in settlements with a development boundary where it would not lead to the loss of land allocated for another purpose or create any planning problems. Policy RP5 supports residential use of upper floors of retail units, recognising the benefits it can have for affordable housing and the safety and vitality of town centres.

It is noted that the proposed development is located within the retail core of Welshpool, with the proposed residential unit being located above retail stores. The proposed development is located within an existing building and it is not believed that the proposal would lead to any material harm. The proposal involves minor internal alterations to facilitate the change of use and this has been the subject of a previously approved listed building consent application (P/2016/0702). In light of these matters, the proposal is considered to be acceptable, in principle, in line with local and national planning policy.

Flood Risk The application site lies entirely within Zone C2, as defined by the Development Advice Map (DAM) referred to in Technical Advice Note 15 – Development and Flood Risk (2004). The proposed change of use on the upper floors will result in the intensification of highly vulnerable development, with the likely introduction of more people into a flood risk area. Policy SP14 of the Powys Unitary Development Plan echoes the content of TAN15 and states that highly vulnerable development will not be permitted in zone C2.

In considering the consequences of a development, TAN15 states that account should be taken of the risk to life, damage to property and the disruption to others living and working within the floodplain catchment. In this instance, the development relates to the use of an existing property within the floodplain so the development is not likely to lead to an impact on the extent or severity of a flooding event for others also within the floodplain. In addition, as the use is only to be located on the first and second floor of the building, it sits above the extreme flood event for this area of the town making the risk of damage to property unlikely. The only aspect of the scheme that is likely to have a risk to life is the fact that the access and egress route crosses through the floodplain in order to reach higher ground. The application has been accompanied by a flood consequence assessment which recommends that a raised walkway be created from the rear of the building to the elevated passageway that leads to Broad Street and which sits above the floodplain.

The proposed walkway would be approximately 4 metres in length and would extend from an existing porch at the rear of the building. The porch is already built on stilts and would not need to be altered to accommodate the required walkway. The implementation of the walkway prior to occupation of the building is a suggested condition of consent.

Although the development does propose highly vulnerable development in the C2 flood zone, subject to the use of conditions to secure the provision of the walkway, the development is considered to be acceptable in flood risk terms.

Page 129

Impact on Built Heritage The property is grade II listed and located within the Welshpool Conservation area.

Sections 66 and 72 of The Planning (Listed Buildings and Conservation Areas) Act 1990 require Local Planning Authorities to pay special attention to the desirability of preserving or enhancing the character or appearance of listed buildings and conservation areas, and local plan policies SP3, ENV 11 and ENV14 reflect national advice.

The list description indicates that 5-8 Church Street is an example of a well-preserved and substantially eighteenth century building which forms part of a group of commercial and domestic properties on Church Street.

A separate listed building consent application has been approved for the works required in connection with the change of use including the removal of a modern partition wall and the installation of outlet fans. The walkway required to comply with the recommendation of the Flood Consequence Assessment did not form part of this application but it has been resolved by officers that as the walkway attaches only to the rear porch, that listed building consent would not be required for this element of the scheme.

In considering the impact of the walkway, it is noted that it would be discretely located behind an existing stone wall from the passageway and that there are two existing sets of stairs of a similar scale already in situ. Overall, it is considered that the development including the walkway would not have an unacceptable impact on the character and appearance of the listed building or conservation area.

Highway Safety The scheme does not propose a vehicular access or off street parking, however, the residential unit is located in a town centre with good access to services and public transport. For this reason, it is considered the scheme will not lead to highway safety concerns and no objections have been received from either the Local Highway Authority or Welsh Government Transport Division.

Impact on Amenity Consideration has been given to the impact of the proposal on the amenity of the area and to residents within it. However, the scheme is not considered to be harmful.

Surface and Foul Water Disposal It is noted that Severn Trent have suggested conditions requiring the submission of details relating to the disposal of foul and surface waters to be submitted for approval. However, it is also noted that the application form states that foul and surface waters are connected to the mains system. In light of this, and without objections being raised regarding the existing connections, it is considered that the proposed conditions would be unreasonable and will not be attached to the planning permission.

Housing Land Supply It is noted from Powys Joint Housing Land Availability Study (JHLAS) 2016 that there is 2.2 years supply of housing land in the Powys Local Planning Authority (LPA) area. Failure to have a 5-year housing land supply is an important material consideration that should be taken into account when determining this scheme. Technical Advice Note 1: Joint Housing

Page 130 Land Availability Studies (2015) states as follows:

RECOMENDATION The proposed scheme seeks permission for the change of use of an office to a single residential dwelling on the first and second floor of a building. The site is located within the retail core area and conservation area of Welshpool and is also a grade II listed building. From a policy perspective, the residential use of upper floors is welcomed by policy RP5 and Circular 61/96. Additional weight in support of the scheme is also given to the benefit the proposal will have for the supply of housing land within the County. The only material planning concern in relation to the scheme relates to the fact that additional highly vulnerable development is being proposed within the floodplain; however, with the addition of a walkway, all of the development including access to the site can be accommodated above the extreme flood event.

The proposal is considered to be compliant with the objectives of local and national planning policy without causing unacceptable harm. The application is therefore recommended for approval subject to the conditions set out below.

Conditions:

1. The development to which this permission relates shall be begun no later than the expiration of five years from the date of this permission.

2. The development shall be carried out strictly in accordance with the plans and documents stamped as approved on 3555.01 and 3555.02.

3. The development must comply with the recommendations set out in section 5 of the Flood Consequence Assessment submitted with the application which was prepared by Hydro- Logic Services and dated October 2016 (Reference K0764/1).

4. Prior to the first use hereby permitted, the walkway detailed on drawing number XXXXXX must be constructed and operational 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 plans stamped as approved in the interests of clarity and a satisfactory development. 3. To ensure that the developer and occupiers of the dwelling are aware of the risk of flooding in relation to the site in accordance with Technical Advice Note 15 (2004).

Page 131 4. To ensure that the access and egress can be achieved above the 1 in 100 year plus climate change allowance flood level in accordance with the advice set out in Technical Advice Note 15 (2004).

Informative Notes Severn Trent Water advises that there is a public sewer located within this site. Public sewers have statutory protection and may not be built close to, directly over or be diverted without consent. You are advised to contact Severn Trent Water to discuss the proposals. Severn Trent will seek to assist in obtaining a solution which protects both the public sewer and the building. Please note, when submitting a Building Regulations application, the building control officer is required to check the sewer maps supplied by Severn Trent and advise them of any proposals located over or within 3 meters of a public sewer. Under the provisions of Building Regulations 2000 Part H4, Severn Trent can direct the building control officer to refuse building regulations approval.

______Case Officer: Louise Evans- Planning Officer Tel: 01938 551127 E-mail:[email protected]

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Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2016/0779 Grid Ref: 324285.13 291469.94

Community Churchstoke Valid Date: Officer: Council: 27/07/2016 Tamsin Law

Applicant: Mr. Nicholas Evans J.D Evans and Son, Lake Farm, Churchstoke, Montgomery, Powys, SY15 6TG

Location: Lake Farm, Churchstoke, Montgomery, Powys, SY15 6TG

Proposal: Erection of two broiler houses and associated works, improvements to existing access and creation of passing-bay.

Application Application for Full Planning Permission Type:

The reason for Committee determination The application is subject to an Environmental Statement.

Site Location and Description The proposed site for the broiler units is within enclosure 2356 immediately south of the modern farm buildings and south west of Lake Farm house.

The field rises gently towards the south and south-west and beyond the field boundary more steeply towards Lake Wood and the Kerry Hills. A lake is located to the east of the proposed site within the adjacent field. An open field ditch runs along the southern boundary of the enclosure feeding into the lake. To the east of the location of the proposed units are two existing units measuring approximately 103 metres in length, 25 metres in width with a maximum height of 4.8 metres (5.55 metres to top of the ventilation fans) falling to 2.6 metres at the eaves. Four feed hoppers are sited at the northern end of the units.

Full planning permission is now sought to expand the poultry enterprise through the provision of two poultry units, five feed silos, the extension of hardstanding and associated landscaping and entrance improvements. It is proposed that each unit would house a maximum of 45,000 broilers.

The proposed buildings would measure 119 metres in length, 22 metres in width, with a maximum height of 4.8 metres (5.55 metres to the top of the ventilation fans) falling to 2.6 metres at the eaves. The feed silos will be located at the northern end of the units and would have a maximum height of 8 metres.

The access to the broiler units would be through the existing access to the existing poultry units.

Lake Farm is situated north of the Kerry Ridgeway within the undulating landscape of a small tributary of the Caebitra. The valley floor predominantly comprises glacial drift deposits with mounds suggesting drumlins, with Lake Farm situated in a natural bowl amongst these.

1 Page 135

The farm includes predominantly improved grassland and arable interspersed with small conifer plantations and broadleaved woodlands. Fields are medium sized and generally bounded by wire and/or maintained hedgerows comprising native species predominantly Hawthorn and Blackthorn. Hedgerow trees are sparse and generally mature to over-mature Oak, Ash and Willow.

The character of the landscape immediately around Lake Farm comprises fairly intensively farmed agricultural land giving way to grazing land and conifer plantations on the steeper slopes to the south. Copses of mixed species and tree groups along watercourses occur through the undulating lower ground. The landscape is characterized by scattered farms and cottages with clustered groups of 2/3 dwellings/farms at Pentrenant, Bacheldre and Pentreheyling. In addition to the traditional farm buildings there are large modern farm buildings including broiler houses at Pentreheyling and large pig units at Bacheldre and Claerwen.

The units and associated ground works will be visible or partly visible from a number of residential properties: - Lake Farmhouse, Number '3' Lake Farm and Lyn Isaf, all of which are in the ownership of the applicant’s immediate family. A section of the proposed units not screened by the existing farm buildings will be visible from Highfields which is located to the north of Lake Farm.

The site is also visible from Pentrenant Hall (Grade II Listed Building) located approximately 330 metres to the southwest. This elevated property has panoramic views across the Camlad valley towards the Corndon and Roundton hills.

Located approximately 1.23km from the site is the Mellington Hall Historic Gardens.

Located approximately 1.37km from the site is Offas Dyke.

Consultee Response Churchstoke CC No comments received by Development Management at the time of writing this report.

PCC – Highways You will be aware that the Highway Authority was unable to support the previous application namely P2014/0752 please see the Highways recommendation.

I appreciate the junction is now being widened to facilitate the wheel tracks of an artic that are currently serving the complex. The applicants are also proposing one passing bay to mitigate against the extra large scale traffic.

If you are minded to approve the application please apply the following conditions:-

“Prior to any works commencing on site the junction of the C2151/U2693 shall be improved as detailed on the approved plan to the written satisfaction of the LPA”

Prior to the operational use of the chicken units the applicant shall construct 1 passing bay, in a location to be agreed in writing by the Local Planning Authority. The passing bay shall be

2 Page 136 constructed up to adoptable standard prior to any works being commenced on the development site.

All vehicles associated with the chicken units shall travel along the A489/C2151/U2693 to enter and egress the site respectively.

PCC - Building Control No comments received by Development Management at the time of writing this report.

Wales & West Utilities No comments received by Development Management at the time of writing this report.

Severn Trent Thank you for the opportunity to comment on this planning application. Please find our response noted below:

Waste Water Comments: With Reference to the above planning application the company’s observations regarding sewerage are as follows.

I can confirm having checked our statutory sewer records there are no sewers within the site area and therefore we have no comment to make.

PCC - Environmental Health Noise control:

I am satisfied with the conclusion of the noise impact assessment. In order to ensure the protection of amenity I would recommend the following condition:

“The loading and unloading of service and delivery vehicles together with their arrival and departure from the site shall only take place within the hours of 0800 to 1800 hours Mondays to Fridays and 0800 to 1300 hours on Saturdays and not at any time on Sundays, Bank or Public Holidays (this condition excludes bird movements only).”

Odour control:

I am satisfied with the conclusion of the odour impact assessment in that none of the properties which are outside the control of the applicant are predicted to experience an unacceptable odour from the development. Also, all manure is to be immediately exported off site, therefore odour from manure storage is not a consideration.

PCC - Rights of Way No response received by Development Management at the time of writing this report.

PCC - Built Heritage Thank you for consulting me on the above application.

I note the landscape that the proposed broiler units and biomass boilers and woodchip storage are to be located which is very attractive and contains a number of designated heritage assets namely;

3 Page 137

Pentrenant Hall grade ll Cadw ID 17366 included on the statutory list on 01/10/1996, Pentrenant Farmhouse grade ll Cadw ID 7705 included on the statutory list on 26/10/1953

I note that the site lies within a designated Registered Landscape of the Vale of Montgomery and within the character area of Cwm. http://www.cpat.org.uk/projects/longer/histland/montgom/1078.htm

I am mindful of the advise in Sections 16 and 66 of the Planning (Listed Buildings and Conservation areas) Act 1990, and paragraph 11 of Welsh Office Circular 61/96 which states “Sections 16 and 66 of the Act require authorities considering applications for planning permission or listed building consent for works which affect a listed building to have special regard to certain matters, including the desirability of preserving the setting of the building. The setting is often an essential part of a building's character especially if a park, garden or grounds have been laid out to complement its design or function. Also, the economic viability as well as the character of historic buildings may suffer and they can be robbed of much of their interest and of the contribution they make to townscape or the countryside if they become isolated from their surroundings, e.g. by new traffic routes, car parks, or other development.”

However, I would also refer to more recent guidance in paragraph 6.5.9 of Planning Policy Wales 8th edition 2016 which states, “ 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.”

Cadw have prepared guidance on the setting of historic assets that is currently out for consultation, and whilst still out for consultation and not adopted the advice on how to assess the setting of listed buildings could be referred to, with the caveat that there may potentially be changes as a result of the consultation process. In addition to advice on how to assess the visual setting of listed buildings, advice on less tangible elements, including sensory perceptions such as noise and smell are included in the guidance. http://cadw.gov.wales/historicenvironment/policy/historicenvironmentbill/guidancedocuments/ ?lang=en

The emerging document outlines the principles used to assess the potential impact of development or land management proposals on the settings of all heritage assets but is not intended to cover the impact on the setting of the historic environment at a landscape scale.

The document advises that “Setting is the surroundings in which a historic asset is understood, experienced and appreciated, embracing present and past relationships to the surrounding landscape……The setting of a historic asset is not fixed and can change through time as the asset and its surroundings evolve. These changes may have a negative impact on the significance of an asset; for example, the loss of the surrounding physical elements that allow an asset to be understood, or the introduction of an adjacent new development that has a major visual impact. But changes can also have a positive impact that may enhance the setting, such as the removal of traffic from part of a historic town, or the opening up of views, or the return of a sense of enclosure to sites where it has been lost”

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The document provides advice on how to assess the setting

This section outlines the general principles that both assessors and decision makers should consider when assessing the impact of a proposed change or development on the setting of historic assets. There are four stages.

Stage 1: Identify the historic assets that might be affected by a proposed change or development and their significance.

Stage 2: Define and analyse the settings to understand how they contribute to the ways in which the historic assets are understood, appreciated and experienced.

Stage 3: Evaluate the potential impact of a proposed change or development on those settings.

Stage 4: Consider options to mitigate the potential impact of a proposed change or development on those settings.

The heritage assets have been identified as; Pentrenant Hall grade ll Cadw ID 17366 included on the statutory list on 01/10/1996, Pentrenant Farmhouse grade ll Cadw ID 7705 included on the statutory list on 26/10/1953

Pentrenant Farmhouse is the older of the listed buildings dating from the C17th. The house is a substantial house with long main range and 2 cross wings, and is listed as an impressive large-scale sub-medieval farmhouse retaining its plan form and some high quality detailing. The property.

The property faces south east onto the unclassified road, and has a range of traditional barns to the east, and more modern buildings to the south completing the farm courtyard. A stone wall bounds the site against the road and is a very attractive grouping. Larger more modern buildings are to the norther of the farmhouse sited behind the traditional buildings and not readily visible from the adjoining road. The farmbuildings and wall enclose the farmhouse and with the farmhouse clearly visible from the unclassified road, the views of this impressive large-scale sub-medieval farmhouse are most evident from the eastern roadside.

Pentrenant Hall is a later building erected in the early C19th possibly replacing the farmhouse as the primary residence of the farmstead. It is approached by a driveway with ornate caste iron piers and is not readily visible from the unclassified road. The property was constructed as a small country house in a Tudor-Gothic style with a complex picturesque massing of main block and service wing.

The house has its principal elevation facing the drive to the north/northwest, and has reception rooms to the rear facing south/south east. The significance of the building is reflected not only it’s the architecture of the principal building but also in its associated curtilage buildings such as; the ha-ha and ice house. The garden has been identified on Coflein as a garden depicted on the Second Edition Ordnance Survey 25-inch map of Montgomeryshire XXXVII, sheet 16 (1903). Its main elements on that map include a carriage drive, greenhouse, icehouse, kitchen garden, possible summerhouse and a tennis court.

5 Page 139 The proposal would be sited a little distance to the north east of the 2 listed buildings. Lake Farm is visible from the unclassified road that serves Pentrenant Hall and Pentrenant Farmhouse and is clearly visible from the entrance gates to Pentrenant Hall. However Pentrenant Hall itself is not visible from that location. However Lake Farm will be visible from the driveway of Pentrenant Hall with the main views when travelling north, that is when leaving Pentrenant Hall.

Pentrenant Farmhouse is not readily visible from that location with the modern property of Pentrenant being sited between these 2 points and screening the historic farm complex at that point. When Pentrenant farmhouse is clearly visible from the highway, Lake Farm is out of view.

The principal views from Pentrenant Farmhouse are from the front and rear and also Pentrenant Hall which are on slightly different orientations but have the principal views to the north and south.

Given the topography of the area, the short term views of the proposal against the listed buildings would mean that the proposal and the listed buildings are not readily viewed together. However there would be longer term views from higher ground where both the proposed broiler houses and the listed buildings will be viewed together. However the topography and mature woodland currently existing screen views intermittently when travelling.

The visual aspect of setting of listed buildings is primarily addressed in Sections 16 and 66 of the Planning (Listed Buildings and Conservation areas) Act 1990, and paragraph 11 of Welsh Office Circular 61/96 which confirms that “ The setting is often an essential part of a building's character”, and continues that “they can be robbed of much of their interest and of the contribution they make to townscape or the countryside if they become isolated from their surroundings, e.g. by new traffic routes, car parks, or other development.”

Both listed buildings are sited within open countryside as is the proposal. It is noted that the proposal is for large agricultural buildings which are a more recent introduction to the rural landscape where agricultural buildings have become increasingly larger as farming practises evolve and change.

Given the lack of short term intervisibility between the listed buildings and the proposal, I could not conclude that the proposal would adversely visually affect the setting of these 2 listed buildings.

However the long term views affords views of the listed buildings and the proposal, and the long term setting of the listed buildings is contained within the impact of the proposal on the character and appearance of the Registered Landscape.

The proposal can be viewed from higher ground, and is within the Registered Landscape which affords views over the Vale of Montgomery. Whilst not objecting to the proposal on the setting of listed buildings, if the proposal is considered acceptable within the Registered Landscape, I would request that appropriate and robust conditions be imposed in terms of landscaping and screening to alleviate the impact of any long term views from higher ground.

PCC - Contaminated Land

6 Page 140 In relation to Planning Application P/2016/0779 there are no concerns in respect of land contamination.

PCC - Land Drainage No response received by Development Management at the time of writing this report.

Cadw Thank you for your e-mail of 27 July 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 in the vicinity of the registered historic park and garden known as Mellington Hall (PO28). The proposal is outside of the boundary and essential setting and is shielded by an intervening low hill.

Having carefully considered the information provided with the planning application, we consider that the proposed development will have no impact on the aforementioned designated historic asset.

Welsh Historic Gardens Trust No response received by Development Management at the time of writing this report.

7 Page 141 PCC - Ecologist

8 Page 142 9 Page 143 10 Page 144

NRW 1st Response

Natural Resources Wales brings together the work of the Countryside Council for Wales, Environment Agency Wales and Forestry Commission Wales, as well as some functions of Welsh Government. Our purpose is to ensure that the natural resources of Wales are sustainably maintained, used and enhanced, now and in the future.

We recommend that that you should only grant planning permission if the scheme can meet the following requirement and you attach the condition listed below. These would address significant concerns that we have identified. Therefore, we would not object provided the requirements are met and you attach the conditions to the planning permission.

Requirement Summary

Requirement 1 – Applicant needs to either confirm that the arable land on which the manure is to be spread is not in their ownership or if it is in their ownership the applicant will need to submit a manure management plan.

Condition Summary

Condition 1 - It is recommended that any planning consent should include a condition requiring full details of the disposal of foul and surface water to be approved by the LPA prior to commencement of development.

Protected Sites: Air Quality

NRW’s current air quality screening criteria consider the impact that a unit may have on any SSSI within 5km of the unit and any SAC within 10km of a poultry unit.

NRW have reviewed the submitted air quality report and wish to make the following comments:

11 Page 145 SACs within 10km Montgomery Canal SAC

The receptors for this site is numbered 26 – 29 in table 4 of the air quality report.

The background ammonia is 1.73μg/m3 and background nitrogen deposition is 17.08kgN/ha/yr.

The ammonia critical level is 3μg/m3 and the nitrogen critical load is 10 kgN/ha/yr for the site. The farm contribution to ammonia is 0.008μg/m3 (0.267%of critical level) and to nitrogen is 0.0416kgN/ha/yr (0.416% of the critical load).

SSSI within 5km

Coed Pentre SSSI:

The receptors for this site is numbered 24 and 25 in table 4 of the air quality report. The site is a good example of ash-wych elm woodland with abundant hybrid oak. The background ammonia is 1.92μg/m3 and background nitrogen deposition is 33.74kgN/ha/yr.

The ammonia critical level is 1μg/m3 and the nitrogen critical load is 10 kgN/ha/yr for the site. The farm contribution to ammonia at receptor 24 and 25 is 0.017 and 0.219μg/m3 (7 and 21.9%of critical level) and for nitrogen is 0.1326 and 1.7082 kgN/ha/yr (1.3% or 17.1%% of the critical load) at receptor 24 and 25.

Having reviewed the detailed model, the process contributions of ammonia and nitrogen deposition from this proposed unit appear to be below the thresholds that we apply in our assessment of potential impacts on the any relevant SAC or SSSI in relation to planning. It should be noted that the assessment of the aerial emissions from this site for a permit will have to take in to account additional factors.

Discharge (of Effluent) to ground or surface waters: In our pre application response NRW explained to the applicant that we would recommend that the applicant submit a detailed plan showing how the applicant intends to disposal of both foul and surface water from the development. Having reviewed the ES this plan does not appear to have been submitted.

The design and access statement states that all surface water drainage will be connected to a new rubble soakaway located within the applicants adjoining land. It is not clear where this soakaway is located in relation to the nearby water course.

The applicant states in the ES that dirty water from the clean out process will be stored in an underground tank and that this water will be spread on the holding at appropriate times and conditions in accordance with DEFRA best practice guidelines. It is not clear how dirty water from the yard will be managed during the clean out process (i.e. whether water from the yard will drain to the soakaway, or to the sealed tank, or whether a switch system will be used during clean out).

12 Page 146 Condition 1 - It is recommended that any planning consent should include a condition requiring full details of the disposal of foul and surface water to be approved by the LPA prior to commencement of development. Clean, uncontaminated surface waters should be disposed of by means of sustainable drainage principles. Any soakaways should be directed away from existing surface waters. The development must be drained by a separate system of foul and surface water drainage, with all clean roof and surface water being kept separate from foul water.

The proposal plans suggest that a dirty water effluent tank will be installed. We advise the applicant need to ensure that any effluent tank be constructed to meet SSAFO Regulations (Wales) 2010.

The work should also be compliant with all appropriate pollution control measures to ensure that the water environment (both groundwater and surface water) is not polluted.

The written consent of NRW or registration for exemption by the developer will be required for any discharge (e.g. foul drainage to a watercourse/ditch etc.), from the site and may also be required for certain categories of discharges to land. All necessary NRW consents, or exemptions must be obtained prior to works progressing on site. https://naturalresources.wales/apply-and-buy/waste/waste-permitting/do-you-need-to-apply- for-a-permit-or-register-an-exemption/?lang=en

Manure management plan: The applicant states in the Environmental Statement that all manure will be removed from the shed by diggers and loaded directly onto waiting trailers, the trailers will be sheeted and the manure will be spread on arable land or used as fuel in a local bio-digester. If no manure is to be stored on site and none of the manure is to be spread on land within the applicant’s ownership then NRW would not request that the applicant submit a manure management plan as part of this planning application. However the applicant needs to clarify that this is the case, if manure is to be spread on land within the ownership/control of the applicant then NRW would expect the applicant to submit a manure management plan.

Environmental Permitting Regulations: As the proposal will increase the number of birds on the holding by 90,000 birds it will be necessary to seek a variation to your Environmental Permit under the Environmental Permitting Regulations 2010 from Natural Resources Wales. We will not issue a permit unless satisfied that a high level of protection is provided for the environment and human health. Any permit issued would be concerned with the operation and control of the process within a defined boundary once the facility has been built.

The grant of planning permission does not permit activities that require consent, licence or permit under other legislation. It is the applicants responsibility to ensure that all relevant authorisations are obtained before any work commences on site.

Historic Landscape:

13 Page 147 The proposal may affect the Vale of Montgomery Landscape of Outstanding Historic Interest. While this is not a statutory designation, chapter 6 of Planning Policy Wales (PPW) states that it is a material consideration in the planning process and must be given due regard when reaching a determination. We recommend that you consult the National Park’s internal landscape specialist on any local/regional landscape interests.

Protected Species: An ecological assessment has been submitted in support of this application, NRW have reviewed the assessment and consider it to be satisfactory. NRW agree with the conclusions of the report and the recommendations in section 4 of the report.

Natural Environment and Rural Communities (NERC) Act: Please note that we have not considered possible effects on all local or regional interests, including those relating to the upkeep, management and creation of habitat for wild birds. Therefore, you should not rule out the possibility of adverse effects on such interests, which would be relevant to your Authority’s general duty to have regard to conserving biodiversity, as set out in section 40 of the Natural Environment and Rural Communities (NERC) Act (2006). This advice includes any consideration of the planned provision and management of “linear” and “stepping stone” habitats.

To comply with your authority's duty under section 40 of the NERC Act, to have regard to conserving biodiversity, your decision should take account of possible adverse effects on such interests. We recommend that you seek further advice from your authority's internal ecological adviser and/or third sector nature conservation organisations such as the local wildlife trust, RSPB, etc. The Wales Biodiversity Partnership's web site has guidance for assessing proposals that have implications for section 42 habitats and species (www.biodiversitywales.org.uk).

In summary we recommend that that you should only grant planning permission if the scheme can meet the requirement and you attach the condition listed above. These would address significant concerns that we have identified. Therefore, we would not object provided the requirements are met and you attach the conditions to the planning permission.

Please do not hesitate to contact us if you require further information or clarification on any of the above.

2nd Response This letter is to be read in conjunction with our correspondence on the 26/8/16. This letter specifically supersedes our advice in relation to requirement 1 listed in our previous correspondence however all other advice remains the same.

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 Summary Condition 1 - It is recommended that any planning consent should include a condition requiring full details of the disposal of foul and surface water to be approved by the LPA prior to commencement of development.

14 Page 148 Discharge (of Effluent) to Ground or Surface waters NRW have previously recommend that the applicant submit a detailed plan showing how the applicant intends to disposal of both foul and surface water from the development and this is still the case.

Manure Management In our previous correspondence NRW requested that the applicant clarify where the manure generated by the development would be spread. The Environmental Statement explained that all manure will be removed from the sheds and the manure will be spread on arable land or used as fuel in a local bio-digester. If manure is to be stored on site or spread on land within the applicant’s ownership then NRW would request that the applicant submit a manure management plan in support of the planning application. The applicant has clarified that the manure will be sold off site and not spread on land within the ownership of the applicant. Provided that this is the case then NRW would not expect the applicant to submit a manure management plan and NRW would withdraw our request for requirement 1 listed in our previous correspondence to be fulfilled.

In summary 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.

Please do not hesitate to contact us if you require further information or clarification on any of the above.

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

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

Powys Ramblers Thanks for the opportunity to comment on this application.

We have no comments to make on this application but in the event of permission being granted can the applicant please be made aware of the necessity of making sure that the nearby footpaths are not obstructed during any works and that they remain fully available for public use during and after any works. It is also important for signposting to be good at this location to ensure that foot path users do not inadvertently stray into the area of the proposed broiler houses. Can this be included as an informative in any decision letter please.

Cllr Kath Roberts-Jones Can you advise me as to the progress of this application and when it is likely to go to committee. You may recall I am dealing with this as Cllr Michael Jones the local member has had to declare and interest.

Representations

The application was advertised through the erection of a site notice and press advertisement. Five objections have been received and are summarised below;

15 Page 149  Highway safety concerns  Proposed site is unsuitable for additional traffic and HGV lorries  The bridge between Pentrehaylig and Bacheldre Mill has been damaged on a number of occasions  Damage to the setting of a listed building  Spoils the views from local footpaths  Existing planting to screen the existing units is inadequate  Concerns over the odour from the existing units

Planning History SO/2016/0004 – Screening Opinion request under EIA regulations 1999: Expansion of existing poultry complex with the construction of two further broiler houses and associated works. EIA Required P/2014/0752 - Erection of two broiler poultry buildings with associated hardstanding, feed bins, new vehicular access and associated landscaping. Conditional Consent.

Principal Planning Constraints Historic_Landscapes___Register Outstanding

Principal Planning Policies

National Planning Policy

- Planning Policy Wales (8th Edition, 2016)

- Technical Advice Note 5 – Nature Conservation and Planning (2009) - Technical Advice Note 6 – Planning for Sustainable Rural Communities (2010) - Technical Advice Note 11 – Noise (1997) - Technical Advice Note 12 – Design (2016) - Technical Advice Note 13 – Tourism (1997) - Technical Advice Note 15 – Development and Flood Risk (2004) - Technical Advice Note 16 – Sport, Recreation and Open Space (2009) - Technical Advice Note 18 – Transport (2007) - Technical Advice Note 23 – Economic Development (2014)

- Welsh Office Circular 11/99 – Environmental Impact Assessment - Welsh Office Circular 61/96 -– Planning and the Historic Environment

- Natural Environment and Rural Communities Act (2006)

Local Planning Policy

- Powys Unitary Development Plan (2010)

SP3 – Natural, Historic and Built Heritage SP4 – Economic and Employment Developments GP1 – Development Control GP3 – Design and Energy Conservation GP4 – Highway and Parking Requirements 16 Page 150 ENV1 – Agricultural Land ENV2 – Safeguarding the Landscape ENV3 – Safeguarding Biodiversity and Natural Habitats ENV4 – Internationally Important Sites ENV5 – Nationally Important Sites ENV6 – Sites of Regional and Local Importance ENV7 – Protected Species EC1 – Business, Industrial and Commercial Developments EC7 – Farm/Forestry Diversification for Employment purposes in the Open Countryside EC9 – Agricultural Development EC10 – Intensive Livestock Units RL6 - Rights of Way and Access to the Countryside TR2 – Tourist Attractions and Development Areas DC3 – External Lighting DC9 – Protection of Water Resources DC13 – Surface Water Drainage DC14 – Development and Flood Risk

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

Officer Appraisal

Introduction

Environmental Impact Assessment Regulations 2016

Part 2 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2016 details development proposals and associated thresholds defining where a development proposal constitutes EIA development. These are contained in Schedule 1 and 2 of the Regulations. Schedule 1 of the regulations lists those developments where EIA is mandatory and Schedule 2 where the development must be screened to determine if it is EIA development.

Schedule 1 of the Regulations states that the threshold for the “intensive rearing of poultry is 85,000 places for broilers or 60,000 for hens”. Whilst an Environmental Impact Assessment is not a mandatory requirement for the proposed development, the floor area of the proposed building exceeds the applicable threshold of 500 square metres and therefore for the purposes of the regulations is Schedule 2 development requiring a screening opinion to be issued by the Local Planning Authority.

Members are advised that the proposed poultry development was assessed against the selection criteria contained within Schedule 3 of the Regulations, with the opinion being that

17 Page 151 the development was EIA development by virtue of the cumulative total number of broilers exceeding the relevant threshold and its scale, location, characteristics of the development and the characteristics of the impact of the development.

On the basis of the above, the planning application is accompanied by an Environmental Statement.

Article 3 (3) of The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016, states:

“The relevant planning authority or the Welsh Minister or an inspector must not grant planning permission or subsequent consent pursuant to an application to which this regulation applies unless they have taken the environmental information into consideration, and they must state in their decision that they have done so”.

Principal of Development

Policies EC1, EC7, EC9 and EC10 accept the principle of appropriate agricultural development within the open countryside. In light of the above, Officers are satisfied that the principle of the proposed development at this location is generally supported by planning policy.

Farm Diversification

Lake Farm is an extensive mixed farm enterprise which diversified into poultry farming in 2014 in order to supplement the farm income and enhance future sustainability. The applicants now wish to further expand on the enterprise.

Planning policy acknowledges that rural enterprises play a vital role in promoting healthy economic activity within rural areas. Planning Policy Wales (2016) and Technical Advice Note 23 (2014) emphasises the need to support diversification and sustainability in such areas, recognising that new businesses are key to this objective and essential to sustain rural communities therefore encouraging Local Authorities to facilitate appropriate rural development.

Notwithstanding the policy presumption in favour of appropriate rural development, support needs to be balanced against other material considerations including landscape and visual impact, highway safety implications, ecology together with the potential impact on local amenity. Consideration of such matters is duly given below.

Landscape and Visual Impact

Guidance within the Powys Unitary Development Plan indicates that development proposals will only be permitted where they would not have an unacceptable impact on the environment and would be sited and designed to be sympathetic to the character and appearance of its surroundings.

The application site comprises of agricultural land located immediately to the south of the existing farm complex adjacent to two existing poultry units. A bund and landscaping to the north, west and south of the proposed buildings formed part of the consent for the existing

18 Page 152 poultry units however additional landscaping is proposed as part of this development. The proposal, involves the construction of two poultry sheds, feed bins and hardstanding and associated landscaping and would be located adjacent to the existing poultry enterprise. The development would result in the loss of part of a field, and the encroachment of built development into the open countryside.

The proposed poultry buildings are of a large scale, they are grouped within the context of the existing building complex and as such, potential landscape and visual impact is considered to be minimised. Furthermore, given the height of the proposed buildings and topography of the land, their profile is reduced and thus further reduces potential landscape impact. Proposed landscaping together with the use of appropriate colours and materials are considered to help the proposal integrate into the landscape. There would be a loss of part of the existing field, but, taking account of the mitigation measures, the location adjacent to existing buildings and the condition and sensitivity of the landscape it is considered that the development would not have a unacceptable adverse effect on the site and the landscape character of the area.

There are residential properties relatively close to the site. The dwellings which are involved in the enterprise are considered to have occupiers of low sensitivity to any visual impact. There is the opportunity to view the development from other properties whose occupiers would be more sensitive to visual impacts. In particular it is possible that the upper parts of the buildings and feed bins would be visible. However the distance maintained between the proposal and nearby properties, together with the trees and hedgerows on intervening land and the close relationship of the units to the existing farm complex, it is considered that there would not be an unacceptable impact on residential receptors.

Public rights of way are located near to the site with the nearest being located to the east. Users are quite likely to be using these routes recreationally and it is likely that they would be sensitive to changes in the established rural setting of these routes. Users of the public right of way passing the site are in relatively close proximity to the buildings. However the grouping with existing building, existing vegetation will all serve to mitigate the view from the public rights of way network. From the public rights of way it is considered that the effect on visual amenity would not be unacceptable.

The Powys Unitary Development Plan through policy EC9 seeks to ensure that the harm from new agricultural buildings is minimised through sensitive design and siting. Guidance within EC9 suggests that wherever possible, new buildings should be grouped with existing buildings and utilise materials which are sympathetic to the site’s surroundings. Whilst Officers acknowledge that the proposed poultry development represents a substantial addition to the rural landscape, given the proposed grouping, it is considered that the proposed unit would be viewed as integral to the existing farm complex within the wider landscape. Furthermore, given the limited visibility of the application site together with existing and proposed landscaping, it is considered by Officers that the proposal is capable of being accommodated without causing unacceptable harm to existing character and appearance.

19 Page 153 consent is subject to appropriate conditions restricting materials and securing the implementation and retention of existing and proposed landscaping. Subject to the above, Officers consider that the visual and landscape impact associated with the proposed poultry development can be appropriately managed thereby safeguard the Powys landscape in accordance with policies SP3, ENV2, EC1, EC9 and EC10 of the Powys Unitary Development Plan.

Transport Impacts

Policy GP4 of the Powys Unitary Development Plan indicates that development proposals will only be permitted where appropriate highway provision is incorporated in terms of a safe access, adequate visibility, turning and parking.

Access to the application site will be provided via the existing junction of the C2151/U2693, which is to be improved. It is proposed to introduce a 13 metre chamfered radius kerb to the north east, a 6 metre chamfered kerb to the north west and road widening. A 10 metre x 10 metre awareness visibility splay will also be introduces with any existing hedgerow translocate 1 metre behind the visibility splay. A passing bay will also be constructed within the highway verge on the approach road to the proposed development. Parking and turning provision for associated vehicles will be provided within the application site boundary.

Following consultation with the Highway Authority, a response has been received which confirms that Highway Officers are satisfied that adequate highway provision can be secured subject to the imposition of suitable conditions.

In light of the above and notwithstanding the third party concerns expressed, Officers consider the proposed development to be in accordance with planning policy, particularly policies GP4 of the Powys UDP, Technical Advice Note 18 and Planning Policy Wales.

Biodiversity and Ecology

SSSI’s and Montgomery Canal SAC

Policies ENV4, ENV5 and ENV6 indicates that development proposals should preserve and enhance biodiversity and features of ecological interest. Specific guidance within UDP policy ENV4 confirms that development proposals should not significantly affect the achievement of the conservation objectives for which a SAC is designated either individually or in combination with other proposals. In addition to the above, policy ENV5 confirms that there will be a presumption against proposals for development likely to damage either directly or indirectly, the nature conservation interest of national nature reserves or sites of special scientific interest. The proposed site of development is located within approximately 5km of the Coed Pentre Special Scientific Interested (SSSI) and within 10km of the Montgomery Canal Special Area of Conservation (SAC).

According to the findings of the Ammonia Modelling Report, no impacts upon the features of this site are expected as a result of ammonia levels or nitrogen, either alone or in combination with other similar installations. Consultation with both NRW and the Powys Ecologist confirmed that theprocess contributions of ammonia and nitrogen deposition from the

20 Page 154 proposed development appear to be below the threshold that NRW apply in their assessment of potential impacts on SACs or SSSIs.

In light of the above and subject to the recommendations, it is considered that the proposed development is in accordance with policies ENV4, ENV 5 and ENV 6 of the Powys UDP, Technical Advice Note 5 and Planning Policy Wales.

Protected Species

Policy ENV7 of the Powys UDP, TAN5 and PPW seek to safeguard protected species and their habitats.

An Ecological Survey prepared by Jon Sloan Ecology and Churton Ecology dated June 2016 supports the planning application. The report notes that no European species are considered likely to be affected by the proposed development which is supported by the Powys Ecologist in their response to the application. Following consultation with both NRW and the Powys Ecologist no objection to the proposed development has been received.

Notwithstanding the above, as confirmed by the County Ecologist, it is considered that the proposed development would not negatively affect the conservation status of protected species subject to the recommended mitigation measures being secured by condition.

In light of the above and subject to the recommendations, it is considered that the proposed development is in accordance with policies SP3, ENV3 and ENV7 of the Powys UDP, Technical Advice Note 5 and Planning Policy Wales.

Built Heritage Impact – Listed Building

Planning Policy Wales 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 site is visible from Pentrenant Hall (Grade II Listed Building) located approximately 300 metres to the southwest. Given the topography of the area, the short term views of the proposal against the listed buildings would mean that the proposal and the listed buildings are not readily viewed together. However there would be longer term views from higher ground where both the proposed broiler houses and the listed buildings will be viewed together. However the topography and mature woodland currently existing screen views intermittently when travelling.

The Built Heritage Officer in their response to the application noted that the proposal is for large agricultural buildings which are a more recent introduction to the rural landscape where agricultural buildings have become increasingly larger as farming practises evolve and change.

21 Page 155 The Built Heritage Officer went on to state that “given the lack of short term intervisibility between the listed buildings and the proposal, I could not conclude that the proposal would adversely visually affect the setting of these 2 listed buildings”.

Whilst acknowledging the scale of the proposed poultry unit, given the modern agricultural complex and proposed landscaping, the Built Heritage Officer indicates that the proposed development would not have an unacceptable adverse impact on the setting of the listed building. In light of the comments received, Officers consider that the proposed development is in accordance with planning policy, particularly policies SP3 and ENV14 of the Powys UDP, Welsh Officer Circular 61/96 and Planning Policy Wales.

Residential Amenity

Intensive livestock units have the potential to impact on the living conditions of residents living nearby through a number of factors, in particular emissions of noise and odour, concerns relating to which have been expressed within third party representations received.

Members are advised that the application is supported by an Environmental Statement which contains chapters assessing the significant likely impacts on amenity and the living conditions of neighbouring properties. Consideration of the aforementioned impacts is duly given below;

Noise

UDP policy GP1 states that development proposals will only be permitted where the amenities enjoyed by the occupants of nearby or proposed properties shall not be unacceptably affected by levels of noise. Officers acknowledge that intensive livestock units have potential to generate noise impact from plant/equipment (roof mounted extractor fans) and general operational activities.

The application is accompanied by a Noise Impact Assessment. Members are advised that the closest residential properties not associated with the site are Highfields (approximately 320 metres to the north) and Pentrenant Hall (approximately 300 metres to the south west).

Following consultation with Environmental Health it was confirmed that they were content with the conclusions of the submitted noise impact assessment subject to a condition being attached to any consent limiting the hours of service and delivery vehicles.

On the basis of the comments received, Officers consider that sufficient information has been submitted to demonstrate that the proposed poultry development will not have an unacceptable adverse impact on the amenities enjoyed by occupants of neighbouring properties by reasons of noise. As such, the proposed development is considered to fundamentally comply with UDP policies GP1, EC1 and EC10, Technical Advice Note 11 and Planning Policy Wales.

Odour

22 Page 156 assessment of odour impacts: How to Comply with Your Permit- H4 Odour Management. It recommends the use of 98th percentile of hourly average odour concentrations modelled over a year. Appendix 3 of this document provides a benchmark of 3.0 ouE/m3 for moderately offensive odours. Moderately offensive odours are identified as including those associated with intensive livestock rearing. It is noted that the use of this threshold has been supported by Inspectors in planning appeal decisions.

The application is supported by an “Odour Dispersion Modelling Study” prepared by AS Modelling & Data. This assessment uses the standardised approach to odour assessment and the results of the model runs are presented in a report. The conclusion states that in relation to residential properties not associated with the farm following: “The predicted 98th percentile hourly mean odour concentrations are below of 3 ouE/m3 at all other receptors considered.”

On the basis of the information submitted, it is considered unlikely that the proposed development will have an unacceptable adverse impact on the amenities enjoyed by occupants of neighbouring properties by reasons of odour. Following consultation, it is noted that no concerns have been offered by the Environmental Health Department in this respect. Therefore, notwithstanding the concerns expressed, Development Management considers the proposal to be in accordance with planning policy, in particular UDP policy GP1.

RECOMMENDATION

After carefully considering the planning application, Development Management considers that the proposed poultry development is compliant with planning policy. On this basis, the recommendation is one of conditional consent.

The Environmental Information has been taken into account in reaching the above recommendation.

Conditions:

1. The development to which this permission relates shall be begun no later than the expiration of five years from the date of this permission.

2. The development shall be carried out strictly in accordance with the documents received 27th July 2016 (Design & Access Statement and Environmental Statement) and plans received 27th July 2016 and stamped approved (drawing no’s SK.001, SK.002, SK.003, SK.004, SK.005, SK.005a and SK.006).

3. Prior to the commencement of building works full details of the colour of the external materials proposed in the construction of the application buildings and feed bins shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be fully implemented in accordance with the details so approved.

4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no extensions or alterations to the unit shall be erected without the consent of the Local Planning Authority.

23 Page 157 5. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 and the Town and Country Planning (General Permitted Development) Order 1995 as amended or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification, the premises shall not be used for any purpose other than that hereby authorised.

6. All emissions to air arising from the units hereby approved shall be free from odours at levels that are likely to be offensive or cause serious detriment to the amenity of the locality outside the site boundary of the holdings, as perceived by an authorised officer of the local planning authority by olfactory means.

7. Prior to first installation, details of all external lighting shall be submitted to and approved in writing by the Local Planning Authority. The details shall include location of lighting, size, projection and level of illumination. Thereafter, the external lighting shall be implemented strictly in accordance with the details so approved.

8. Prior to any works commencing on site the junction of the C2151/U2693 shall be improved as detailed on the approved plan (SK.005 and SK.005a) to the written satisfaction of the Local Planning Authority.

9. Prior to any works being commenced on the development site the applicant shall construct 1 passing bays in locations to be agreed in writing by the Local Planning Authority. The passing bays shall be constructed up to an adoptable standard prior to any works being commenced on the development site.

10. All vehicles associated with the chicken units shall travel along the A489/C2151/U2693 to enter and egress the site respectively

11. The loading and unloading of service and delivery vehicles together with their arrival and departure from the site shall only take place within the hours of 0800 to 1800 hours Mondays to Fridays and 0800 to 1300 hours on Saturdays and not at any time on Sundays, Bank or Public Holidays (this condition excludes bird movements only).

12. The storage and spreading of manure will be undertaken in accordance with the DEFRA Code of Good Agricultural Practice for the Protection of Air, Water and Soil.

13. Vehicles used for the movement of manure shall be sheeted to prevent spillage of manure.

14. Prior to commencement of development, site drainage details showing how the applicant intends to dispose of both foul and surface water from the shed and ranging areas shall be submitted to and approved in writing by the Local Planning Authority and implemented as approved and maintained thereafter.

15. Prior to commencement of development a pollution management/mitigation scheme shall be submitted to and approved in writing by the Local Planning Authority and implemented as approved and maintained thereafter.

16. The mitigation and enhancement measures regarding species and habitat identified in Section 4: Ecological Assessment by John Sloan Ecology and Churton Ecology (June 2016) shall be adhered to and implemented in full.

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17. The proposed landscape plan (Ian Pryce Property services Jan 2015) and the proposed Landscape and Planting schedule by HEJ Landscapes shall be followed in full.

18. A landscape management plan shall be submitted to and approved in writing by the Local Planning Authority outlining the maintenance and management of landscape features including recommendations for mitigation and enhancement of grassland and hedgerow habitat, Section 4 of the Ecological Assessment (June 2016).

19. Prior to commencement of development a Tree and Hedgerow Protection Plan in accordance with BS:5837:2012 shall be submitted to and approved in writing by the Local Planning Authority and implemented as approved and maintained thereafter.

Reasons 1. Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2. To ensure adherence to the plans stamped as approved in the interests of clarity and a satisfactory development.

3. To safeguard the character and appearance of the area in accordance with policy GP1 of the Powys Unitary Development Plan (March 2010).

4. In order to control development which has the potential to have adversely affect the amenity of the area in contradiction to policy GP1 of the Powys Unitary Development Plan (March 2010) and Planning Policy Wales (2016).

5. In order that the Local Planning Authority may control the use of the premises in the interests of the protection and preservation of the amenity of the area in accordance with policies GP1, EC1, EC9 and EC10 of the Powys Unitary Development Plan (2010) and Planning Policy Wales (2016).

6. To protect the local amenities of the local residents from the excess of mal-odorous emissions in accordance with policies GP1, EC1 and EC10 of the Powys Unitary Development Plan (2010) and Planning Policy Wales (2016).

7. To protect the local amenities of the local residents from the excess of illuminance in accordance with policies GP1, EC1 and EC10 of the Powys Unitary Development Plan (2010) and Planning Policy Wales (2016).

8. To comply with Powys County Council’s UDP Policies GP4 in relation to highway safety and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Transport.

9. To comply with Powys County Council’s UDP Policies GP4 in relation to highway safety and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Transport.

25 Page 159 10. To comply with Powys County Council’s UDP Policies GP4 in relation to highway safety and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Transport.

11. To comply with Powys County Council’s UDP Policies GP1 in relation to noise.

12. To comply with Powys County Council’s UDP Policies ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Nature Conservation and Planning and the Environment (Wales) Act 2016.

13. To comply with Powys County Council’s UDP Policies ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Nature Conservation and Planning and the Environment (Wales) Act 2016.

14. To comply with Powys County Council’s UDP Policies ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Nature Conservation and Planning and the Environment (Wales) Act 2016.

15. To comply with Powys County Council’s UDP Policies ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Nature Conservation and Planning and the Environment (Wales) Act 2016.

16. To comply with Powys County Council’s UDP Policies ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Nature Conservation and Planning and the Environment (Wales) Act 2016.

17. To comply with Powys County Council’s UDP Policies ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Nature Conservation and Planning and the Environment (Wales) Act 2016.

18. To comply with Powys County Council’s UDP Policies ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Nature Conservation and Planning and the Environment (Wales) Act 2016.

Informative

Rights of Way The applicant must be advised that at no time during the development phase should any public right of way be obstructed. No materials should be placed or stored on the line of any public right of way and any damage caused to the surface of any public right of way must be made good to at least its current condition or better. Any unlawful disturbance, damage or obstruction to any public right of way could have legal repercussions ______Case Officer: Tamsin Law- Principal Planning Officer Tel: 01597 82 7230 E-mail:[email protected]

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Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2016/0043 Grid Ref: 315386.59 272991.41

Community Llanbister Valid Date: Officer: Council: 08/01/2016 Holly-ann Hobbs/Tamsin Law Applicant: Mr W Bowen, Great Cantal Farm, Llanbister Road, Llandrindod Wells, LD1 6UD.

Location: Great Cantal Farm, Llanbister Road, Llandrindod Wells, LD1 6UD.

Proposal: Erection of agricultural building to house 32000 hens, provision of effluent tank, four no feed silos and all associated works (Resubmission of P/2015/0935)

Application Application for Full Planning Permission Type:

The reason for Committee determination

The application is accompanied by an Environmental Statement.

Site Location and Description

Great Cantal is located within the open countryside, approximately 4.5 miles east of Llanbister and approximately 8.8 miles south east of Llanbadarn Fynydd. The proposed site of development occupies an area of agricultural land located approximately 40 metres to the west of the existing agricultural complex. The site is bound by agricultural land to the north and west. Located to the south is the River Arran.

Consent is sought in full for the erection of an agricultural building to house 32,000 hens, provision of effluent tank, erection of four feed silos and associated works. The proposed building will operate as a free range poultry unit for egg production. The hens will be brought to site at 16 weeks old and remain until they are 72 weeks. A 28 day cleaning period will follow prior to the next flock arriving at Great Cantal Farm.

The proposed poultry building measures approximately 138 metres in length by 20 metres in width, the ridge and eaves height measure 9 metres (excluding vents) and 6 metres respectively. The proposed feed silos will be located to the south of the building and measure approximately 7.6 metres above ground level. The proposed building will be clad in sheeted steel (Juniper Green).

Access to the application site will be facilitated via the C1081 whilst parking and turning provision will be provided within the application site. Highway improvements comprising of the relocation of approximately 70 metres length of hedgerow are proposed at the junction of the C1081 and B4356 (easterly direction).

Page 163 Consultee Response

Llanbister Community Council

No Community Council comments received at the time of writing this report.

Highway Authority

Correspondence received 26th January 2016 –

The County Council as Highway Authority for the County Class III Highway, C1081 wish the following recommendations/observations be applied.

The following conditions should be included on any permission granted;

Prior to any works being commenced on the development site the visibility improvement at the junction of the C1081 and B4356 shall be fully completed to provide clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.60 metres above ground level at the edge of the adjoining carriageway and 70 metres distant in each direction measured from the centre of the access along the edge of the adjoining carriageway. Nothing shall be planted, erected or allowed to grow on the area(s) of land so formed that would obstruct the visibility and the visibilty shall be maintained free from obstruction for as long as the development hereby permitted remains in existence.

Prior to any works being commenced on the development site the applicant shall construct 2 passing bays in locations to be agreed in writing by the Local Planning Authority. The passing bays shall be constructed up to an adoptable standard prior to any works being commenced on the development site.

Correspondence received 24th August 2016 –

I refer to the amended plans relating to the above site and have no further comments to make.

Correspondence received 14th September 2016 –

The application of appropriate access visibility standards is determined by the known or estimated speeds of traffic travelling along the major link, in this case the B4356. Known as stopping sight distance, it is defined as the minimum distance that drivers need to see ahead of themselves in order to stop if confronted by a hazard. Speeds of traffic travelling along the major link are influenced by the available forward visibility afforded them (alignment of the road), which differs considerably along a route, so it is common for varying standards to applied along a stretch of the same highway.

The suggested access visibility standards conditioned on application P/2016/0766 are 2.4metres x120 metres in both directions, as the alignment of the carriageway at that particular location is relatively straight.

Page 164 In this particular instance (P/2016/0043) access visibility of 120metres has again been conditioned in a westerly direction, due to the relatively straight alignment of the road, but has been adjusted to 70m in an easterly direction, to take into account the more restricted alignment of the carriageway and hence the lower speeds expected from that direction. Whilst 70 metres may appear to be a reduced standard, it is in fact the correct standard for the projected speed of traffic in that direction and represents a significant improvement over the current levels of visibility available at the access in that direction.

It is also important to appreciate that application P/2016/0043 is served from an existing access; hence the significant access visibility improvement secured at the applicants’ expense, will benefit safety for all existing road users that routinely use the access and or travel this length of highway.

Correspondence received 17th October 2016 –

I refer to the amended plans relating to the above site and have no further comments to make.

Wales and West Utilities

According to our main records Wales and West Utilities has no apparatus in the area of your enquiry. However gas pipes owned by other GT’s and also privately owned may be present in this area. Information with regard to such pipes should be obtained from the owners.

Environmental Health

Noise impact assessment

I have the following comments to make regarding the noise assessment:

A background noise survey was undertaken to establish the existing noise environment at the site of the nearest noise-sensitive receptors. However, the chosen monitoring location was in close proximity to a stream which in late November 2015 was obviously flowing very quickly which has inflated the background noise significantly. The report states that the noise levels (LA9015min) did not drop below 56dB during the daytime and 55dB at night during the time of the survey. I visited the site yesterday (21st September 2016), at a time when the weather has been mostly dry for a number of days, and recorded noise levels in the garden of Great Cantal Farmhouse of 42dB and in the garden of Great Cantal Mill of 36dB. My measurements were taken just before midday, so it can be reasonably assumed that lower levels than this should be expected at night time. Therefore I have to disagree with the report that the results provided amount to a ‘representative’ sample. A difference of up to 20dB (perceived as being 4-times louder) amounts to a gross over-estimation of the existing background noise level.

In addition to the difference in results due to the stream level, I also disagree that the chosen location for the background survey constitutes a ‘representative’ location. The selected location, as well as being further away from the proposed development site, was also situated in close proximity to a part of the stream where there are a number of waterfalls which obviously has the effect of increasing the level of noise. A little further downstream, outside the front of the properties (Great Cantal Farmhouse and Great Cantal Mill), the

Page 165 stream flattens out and the sound of trickling water in this location is much reduced when compared to the crashing water a little further upstream. The chosen monitoring location should have reflected this difference in order to attempt to establish a representative background noise level.

The subsequent noise prediction modelling carried out in the report is therefore invalid because all of the impact assessments have been based on a comparison with erroneous background noise levels.

Also, in case the applicant/consultant intends to re-run the modelling, I would like to comment that the distances used in the sound propagation calculations over-estimate the actual separation distances between the development and the nearest neighbouring properties. This is because the report uses the distance to the centre of the development, whereas it is good practice to measure to the closest point of the development. Therefore the quoted distances of 180m to Great Cantal Farmhouse and 190m to Great Cantal Mill should have been 110m and 120m respectively.

I would also question the extent of the acoustic screening effect that has been estimated in the report. The screening effect of intervening buildings has been estimated as providing a 10dB noise reduction at Great Cantal Farmhouse, and a partial screening effect has been estimated for Great Cantal Mill. I disagree with this estimation as I am not of the opinion that the intervening buildings provide the complete line-of-sight barrier that this effect assumes, and I would request the applicant/consultant to justify their assumptions.

I would also note it is stated in the report that the noise from the roof fans is considered not to be tonal (and therefore not subject to a tonal noise penalty in the noise assessment), however no information is provided to justify this statement.

Odour impact assessment

I am satisfied that the odour impact assessment demonstrates there will be no predicted effect on amenity at nearby residential properties caused by odour from the farm buildings.

Manure management

The supporting documentation states that manure will be removed from the sheds twice a week onto sheeted trailers prior to removal off-site for spreading. In reality there are a number of potential scenarios whereby it may not be possible to spread the manure immediately on to the land (waterlogging, frozen ground etc.), which may lead to manure being stored at the application site for considerable periods of time. On-site manure storage is a potential source of odour and fly problems, so requires careful management. I would recommend that the applicant provides further information with regard to the on-site manure storage provision (including location), which could then be incorporated into a planning suitable condition.

In summary, due to a lack of adequate information with which to properly assess the potential noise and odour impact of the proposed development, I must object to the application in its current form.

Correspondence received 10th October 2016 –

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Having received an updated noise impact assessment I can respond as follows:

Plant (fan) noise

A new background noise survey has been undertaken at an agreed monitoring location. It has been demonstrated that the impact of plant noise from the development should be well below the existing background noise levels at the nearest noise sensitive receptors.

HGV/delivery noise

The report predicts that the noise from feed deliveries will have a significant impact. Chapter 8 of the report lists a number of recommended mitigation options for the developer to consider. I would be satisfied that the impact would not be unreasonable if the hours of delivery were restricted by condition as follows:

Correspondence received 27th October 2016 –

In order to ensure that the manure is dealt with as proposed, for the protection of amenity against odour and other nuisances, I would recommend the following planning condition:

No manure from the development shall be stored on the farm. If it is not possible for manure to be immediately transported off the farm, it shall be held within sheeted trailers for a maximum period of up to five days.

Built Heritage Officer

Thank you for consulting me on the above application.

I note the listed building Great Cantal Farmhouse (Cadw ID 9366)

However, I would also refer to more recent guidance in paragraph 6.5.9 of Planning Policy Wales 8th edition 2016 which states, “Where a development proposal affects a listed building

Page 167 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.”

I would also draw your attention to the recent document from Cadw document “Conservation Principles” which has recently been adopted.

Paragraph .5.4 states when considering change, public authorities will give due importance of the heritage values of a site when considering the sustainability of proposals submitted to them.

The document continues with the following advice on page 15.

“Every reasonable effort should be made to eliminate or minimize adverse impacts on historic assets. Ultimately, however, it may be necessary to balance the benefit of the proposed change against the harm to the asset. If so, the weight given to heritage values should be proportionate to the importance of the assets and the impact of the change upon them. The historic environment is constantly changing, but each significant part of it represents a finite resource. If it is not sustained, its heritage values will be eroded or lost. In addition, its potential to give distinctiveness, meaning and quality to the places in which people live, and provide people with a sense of continuity and a source of identity will be diminished. The historic environment is a social and economic asset and a cultural resource for learning and enjoyment”.

“Conservation principles” establishes Values which should be attributed to heritage assets including;

 Evidential Value,  Historical Value,  Aesthetic Value,  Communal value.

Conservation Principles identifies principles that have to be addressed when considering the above values.

Evidential Value

Great Cantal Farmhouse is a grade ll listed building (Cadw ID 9366) included on the statutory list on 16th September 1991

Historical Value,

Great Cantal is a late medieval cruck framed hall house, which was converted to a storeyed house in the C17th, and enlarged in the C18th. The building is included on the statutory list as a multi-period farmhouse retaining vernacular character with good interior detail.

Aesthetic Value

Page 168 The aesthetic value of the site is that of the countryside and farmland that contributes towards the setting of the listed building. It is noted that there will still be a field between the listed building and the development, and that the character of the immediate area is that of a linear development along the historic road.

Communal Value

It is noted that Great Cantal farmhouse and attached barnis included on the statutory list of buildings of historic and architectural interest, and the value placed on the setting of listed buildings in terms of national legislation and guidance.

Paragraph 5.4 of Conservation Principles states when considering change, public authorities will give due importance of the heritage values of a site when considering the sustainability of proposals submitted to them.

The document continues with the following advice on page 15.

Analysis of the site

The location of Great Cantal is interesting, sited in a small valley of the River Aran, which presumably served the mill at Great Cantal. This small valley has produced a farmstead that is not readily visible from outside the site including the B4356.

The earlier barns to the farmstead have been replaced by a large range of modern agricultural buildings sited to the west and south west of the listed farmhouse, and between the farmhouse and the proposed poultry unit. I note that the proposed poultry unit is very long and of a different footprint in shape and scale than the neighbouring modern farm buildings.

I note that there are public footpaths that litter the hillside presumably historically serving the farms on the hillsides. Whilst it is possible that there may be some locations on the hillside where the proposed poultry unit and the listed farmhouse could be seen together, I am aware of the large existing farm ranges, and as such I would not consider that the proposed poultry unit would have an adverse impact on the setting of Great Cantal Farmhouse and attached barn.

Page 169

I note the proposed tree planting and would welcome additional appropriate planting to aid the assimilation of the building into the farmholding, and would request that appropriate conditions in this regard be imposed.

Whilst the requirement for the proposed alterations to the highway are understood, there is the potential for the visibility splays to look raw, and I would request that a condition be imposed to secure the replacement hedge planting at the earliest opportunity.

Land Drainage

No comments received at the time of writing this report.

County Ecologist

Correspondence received 12th February 2016 –

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Correspondence received 6th September 2016 -

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Correspondence received 8th November 2016

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Correspondence received 8th November 2016 –

The HRA can be completed on the understanding that the MMP and construction phase pollution control plan are approved prior to the commencement of works.

Natural Resources Wales

Correspondence received 24th February 2016 –

Thank you for consulting Natural Resources Wales (NRW) about the above application.

Page 179 NRW continue to object to this planning application until information can be presented which demonstrates that the proposed development will not have a significant adverse impact on flood risk protected sites (see previous response to P/2015/0935).

NRW objects to the proposal as the submission fails to demonstrate that all parties are aware of the flood risks of the development or demonstrates that practicable and appropriate controls can be incorporated into any planning permission to manage the flood consequences.

NRW also objects to the issue of consent for this proposal before completion of satisfactory assessment under the Conservation of Habitats & Species Regulations 2010 (as amended). Further details regarding this requirement is provided below.

Flood risk

NRW’s response to P/2015/0935 (ref CAS-11623-J6Q0 dated 18th November 2015) explained in detail, what level of flood risk assessment would help inform the Planning Authority.

As part of the resubmission, an annotated plan (4528/1B) has simply aligned the DAM C2 outline onto the proposed layout.

Section 7.3 of the amended Design & Access Statement, dated January 2015 (assume this should be January 2016) states;

‘The application site lies adjacent to a C2 flood zone and falls towards the watercourse and no hens will be allowed access to the south of the building. A drainage/surface ditch will be provided the full length of the poultry unit to catch any run off water from the range area and surround. The ditch will be lined with a geotextile membrane and formed with clean stone below to assist in percolation the invert level of the ditch, building and surroundings will be set above the levels of the adjacent C2 flood zone.

Surface water from the roof of the building will be extended via drains to soakaways located to the west and east of the building away from any conflict with the range area and mixing of septic water run off.’

There appears to be no further supporting information to address the points raised in our letter.

Based on this resubmission we can only advise that betterment has been provided in terms of the built development being moved slightly to the east, outside of the indicative C2 extent but no detailed analysis has been provided to corroborate the inference that all development will now be free from flooding.

The following comments in bold below relate to whether points raised (italic text) in our previous response letter have been adequately addressed:

‘The south western corner of the proposed poultry unit lies within Zone C2 of the Development Advice Map (DAM) contained in TAN15: Development and Flood Risk. Our flood map information which is updated on a quarterly basis, confirms that this part of the site

Page 180 is location within 1% (1 in 100) and 0.1% (1 in 1000 year) annual probability fluvial flood outlines of the River Aran, a designated non-main river.

TAN15 requires your Authority to justify the location of development within Zone C2 of the DAM contained in TAN15. We refer you to section 6 of TAN15. At its nearest point, the proposed poultry unit is to be located approximately 25 metres from the River Aran.’

It is acknowledged that the proposed unit has been relocated further east as part of the resubmission. It is not clear by how much but the inference is, on inspection of lidar levels that the proposed will now be at a greater elevation than the previous submission.

‘Because of the attendant risk to the water environment, we refer the Planning Authority and the applicant to section 7.8 of TAN15.

The Flood Map in this area consists of generalised JFLOW data. We are satisfied that the JFLOW outputs are representative without taking into account more detailed factors including channel capacity, floodplain roughness, updated hydrology and influential structures. The JFLOW Flood Map should be used as a trigger for further work.’

It is therefore too simplistic to just translate the C2 outline onto a plan intended for detailed design. However, with reference to the previous bullet point above, by default, the relocated unit will be at a slightly higher elevation.

‘The map is accurate for its intended purpose, that being National Flood Mapping. However, for a detailed project, the assumptions of the JFLOW data need to be accounted for by information including updated hydrology estimates and detailed modelling may be required to understand the level of flood risk posed to the site.

Our advice at this time is that on the basis of the JFLOW Flood Map only, the applicant needs to demonstrate the consequences of flooding can be managed over the lifetime of the development.

The proposed development has the potential to store pollutants (manure) which, if mobilised, have the potential to cause detriment to water quality. Therefore the proposal must demonstrate that flood water can be prevented from entering the building and ditch.’

A statement saying that ditch, building and surroundings will be set above the C2 zone, has not been substantiated other than relocating the proposed to outside the indicative C2 outline. This, however, complies with the letter of TAN15.

‘We therefore advise that as a minimum a Flood Consequence Assessment (FCA) should be submitted in support of the application, prior to the determination of the application to ensure that all parties are aware of the risks of the development, and ensure that if practicable, appropriate controls can be incorporated in a planning permission to manage the consequences.’

No FCA has been submitted.

Page 181 ‘The criteria for the FCA, which should normally be undertaken by a suitably qualified person carrying an appropriate professional indemnity, are given in Section 7 and Appendix 1 of TAN15. The FCA should be appropriate to the scale and nature of the development. Consultation with the Lead Local Flood Authority is advised to source evidence of any localised flooding or drainage issues.’

No evidence of consultation.

‘Evidence of historic flood events/high flows are submitted. Ideally these should be photographic or annotated plan indicating levels to which river levels/flood waters have reached, particularly in relation to the proposed site and nearby controls, such as farm building/ bridges etc.’

No evidence submitted.

‘Inspection of ground lidar data indicates that any out of bank flow would be towards the proposed site. Our comments are based on desk top analysis only and so any further supporting evidence that the proposed, including landscaping and sediment ditch, is safe from theoretical flood risk should be submitted.’

No further supporting evidence provided.

‘To summarise, we object to the proposal as the submission fails to demonstrate that all parties are aware of the risks of the development or ensures that practicable and appropriate controls can be incorporated into any planning permission to manage the consequences.’

Betterment has been provided when compared to the previous submission and built development now appears to be nominally outside the theoretical C2 extent but no further information has been provided to corroborate this.

Protected Sites

In NRW’s response to P/2015/0935, NRW requested that Powys County Council (PCC) undertake a HRA assessment for the proposed development in relation to the River Wye SAC, the main concerns outlined in our response to P/2015/0935 related to surface water run off during construction and nutrient rich run off during operation.

It is not clear from the additional information submitted in support of this application that this has been done. Please can PCC confirm that this has been undertaken and also forward a copy of the assessment to NRW for information.

The applicant has submitted an ecological report with the current application, produced by Star Ecology and dated 30th November 2015. It appears that this report is very similar to the one submitted in support of an application made for a single turbine at Great Cantel in 2015 (see P/2015/0529). The contents of this report do not appear to address the issues in relation to the current objections to the proposed poultry unit.

To conclude, NRW would continue to object to issue of consent for this proposal unless additional information can be submitted to show that it would not have a significant adverse impact on any flood risk and European protected sites.

Page 182

Please do not hesitate to contact us if you require further information or clarification on any of the above.

Correspondence received 5th May 2016 -

Thank you for consulting Natural Resources Wales (NRW) about the above application.

NRW continue to object to this planning application until the completion of a satisfactory assessment under the Conservation of Habitats & Species Regulations 2010 (as amended) is undertaken. Details in relation to this issue were provided in our response dated 23/2/16 (CAS-14698-S2M3).

Flood risk

NRW initially objected to the proposal as the submission failed to demonstrate that all parties were aware of the flood risks of the development or demonstrated that practicable and appropriate controls could be incorporated into any planning permission to manage the flood consequences.

However following the submission of additional information in relation to flood risk NRW is able to advise that relative to the scale and nature of the proposed and perceived flood risk, that the recommended mitigation of the raised slab level of 150mm is considered to be proportionate. The previously amended layout, lidar interrogation and site photos have helped inform this advice.

All vulnerable aspects of the development, including manure traps should be elevated to that level to avoid diffuse pollution. Ranging should be limited to land to the north as proposed. It is noted that landscaping/screening could have the added benefit of helping to intercept any overland run-off.

Suitability of the soakaways and any proposed discharge to the adjacent watercourse should be agreed with the Lead Local Flood Authority (Powys County Council).

Protected Sites

In NRW’s response to P/2015/0935 and also in our letter dated the 23/2/16 (response to P/2016/0043), NRW requested that Powys County Council (PCC) undertake a HRA assessment for the proposed development in relation to the River Wye SAC, the main concerns outlined in our response to P/2015/0935 related to surface water run off during construction and nutrient rich run off during operation.

It is still not clear if this has been done. Please can PCC confirm that this has been undertaken and also forward a copy of the assessment to NRW for information.

Page 183 To conclude, NRW would continue to object to issue of consent for this proposal unless additional information can be submitted to show that it would not have a significant adverse impact on any European protected sites.

Please do not hesitate to contact us if you require further information or clarification on any of the above.

Correspondence received 19th September 2016 –

Thank you for consulting Natural Resources Wales (NRW) about the above application.

In our previous correspondence (4/5/16) NRW continued to object to this planning application until the completion of a satisfactory assessment under the Conservation of Habitats & Species Regulations 2010 (as amended) is undertaken. Details in relation to this issue were provided in our response dated 23/2/16 (CAS-14698-S2M3). The applicant has submitted an ES which concludes that the scheme will not adversely affect the water quality. It is not clear if a habitat regulations assessment has been undertaken.

We recommend that you should only grant planning permission for the scheme if it can meet the following requirement, to address significant concerns that we have identified previously. Provided this requirement is met, we would not object to the scheme.

Requirement

Requirement 1- Confirm that a Habitat Regulation Assessment has been undertaken and forward a copy to NRW for our information.

Protected Sites

In NRW’s response to P/2015/0935 (4/5/16) and also in our letter dated the 23/2/16 (response to P/2016/0043), NRW requested that Powys County Council (PCC) undertake a HRA assessment for the proposed development in relation to the River Wye SAC. NRW’s main concerns outlined in our response to P/2015/0935 related to surface water run off during construction and nutrient rich run off during operation.

The ES explains that the scheme will be cleaned out fully every 14 months and that the tiered system will be cleaned and emptied by a conveyor belt to a sheeted lorry twice a week. This should reduce the risk of being any surface water issues from the yard area. The applicant also explains that the shed will be drained to a sealed tank and that this water will be emptied intermittently. The supporting plan demonstrates that the tank is located to the east of the shed is 40m away from the watercourse and the location plan demonstrates that the range area will be to the north of the shed and will not be located within 10m of a watercourse/stream. It is also understood that there will be a drainage ditch which runs along the entire length of the shed to the south of the development and that this will catch any surface water run-off and sediment. It would be helpful to clarify whether the ditch is acting as a soakaway or if not where it discharges to. This additional information would help to demonstrate that the development would not cause water quality issues in the adjacent water course or affect the River Wye SAC.

Page 184 It is still not clear from the additional submitted information whether a HRA of this development has been done. Please can PCC confirm that this has been undertaken and also forward a copy of the assessment to NRW for information.

Requirement 1- Confirm that a Habitat Regulation Assessment has been undertaken and forward a copy to NRW for our information.

To conclude, NRW recommend that you should only grant planning permission for the scheme if it can meet the requirement outlined above, to address significant concerns that we have identified previously. Provided this requirement is met, we would not object to the scheme.

Please do not hesitate to contact us if you require further information or clarification on any of the above.

Representations

At the time of writing this report, three letters of objection have been received by Development Management. The concerns expressed therein can be summarised as follows;

. Noise – proposed hours of operation not in keeping with conditions imposed on similar developments consented by the Local Planning Authority; . Validity of Noise Impact Assessment; . Ecological Assessment – dubious quality; . Highway Safety – Visibility requirements differ from conditions imposed on similar developments consented by the Local Planning Authority; . Flood Risk – potential impact on listed building; . Water supply – no explanation regarding source of water supply; . Inaccuracies relating to distances between proposed development and sensitive properties. . Insufficient time to review amended and submitted information

Planning History

P/2014/0271 – Full: Erection of a 100kw wind turbine measuring 39.65 metres to blade tip and 29.33 metres to hub at Great Cantal, Llanbister Rd, Llandrindod Wells, LD1 6UD. Application withdrawn.

P/2015/0529 - Full: Construction os a single 85kw wind turbine with hub height of 24.8m and overall tip height of 36.6m and all associated works Great Cantal, Llanbister Rd, Llandrindod Wells, LD1 6UD. Consented Granted.

P/2015/0935 - Full: Erection of agricultural building to house 32,000 hens for free range egg laying unit and associated works at Great Cantal, Llanbister Rd, Llandrindod Wells, LD1 6UD. Application withdrawn.

Principal Planning Constraints

- Flood Zone

Page 185 - Close Proximity to Grade II Listed Building - Close proximity to River Arran, River Ithon SSSI and River Wye SAC

Principal Planning Policies

National Planning Policy

- Planning Policy Wales (8th Edition, 2016)

- Welsh Office Circular 11/99 – Environmental Impact Assessment - Welsh Office Circular 61/96 -– Planning and the Historic Environment

- Natural Environment and Rural Communities Act (2006)

Local Planning Policy

- Powys Unitary Development Plan (2010)

SP3 – Natural, Historic and Built Heritage SP4 – Economic and Employment Developments GP1 – Development Control GP3 – Design and Energy Conservation GP4 – Highway and Parking Requirements ENV1 – Agricultural Land ENV2 – Safeguarding the Landscape ENV3 – Safeguarding Biodiversity and Natural Habitats ENV4 – Internationally Important Sites ENV5 – Nationally Important Sites ENV6 – Sites of Regional and Local Importance ENV7 – Protected Species EC1 – Business, Industrial and Commercial Developments EC7 – Farm/Forestry Diversification for Employment purposes in the Open Countryside EC9 – Agricultural Development EC10 – Intensive Livestock Units RL6 - Rights of Way and Access to the Countryside TR2 – Tourist Attractions and Development Areas DC3 – External Lighting DC9 – Protection of Water Resources DC13 – Surface Water Drainage

Page 186 DC14 – Development and Flood Risk

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

Officer Appraisal

Introduction

Environmental Impact Assessment Regulations 2016

Members are advised that the proposed poultry development was assessed against the selection criteria contained within Schedule 3 of the Regulations, with the opinion being that the development was EIA development by virtue of its scale, location specifically its proximity to designated watercourses including the River Wye SAC.

On the basis of the above, the planning application is accompanied by an Environmental Statement.

Article 3 (3) of The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016, states:

Page 187 Principal of Development

Farm Diversification

Great Cantal is an extensive mixed farm enterprise (cattle and sheep) extending to 270 acres. The applicants are now considering diversifying into egg production in order to supplement the current farm income and enhance future sustainability.

Landscape and Visual Impact

The application site is located within the Rolling Hills, Central Southeast aspect area which is characterised as generally peaceful, settled farmland with pleasant views comprising of rolling hills and valleys with strong pastoral field patterns, wooded watercourses and scattered trees and small woodlands. Whilst LANDMAP recognises the scenic value of the landscape and high degree of coherence, there is only a moderate degree of rarity and as such, it overall visual and sensory value is defined as moderate.

The proposed building will be located approximately 40 metres to the west of the existing agricultural complex. The application site comprises of an area of agricultural land, the topography of which is relatively flat. Existing site boundaries comprise of mature trees and hedgerows to the north, west and south. The application is accompanied by a landscaping scheme which details the retention of existing hedgerows together with the implementation of additional landscaping along the southern site boundary to enhance and supplement the established boundaries.

Page 188 buildings and utilise materials which are sympathetic to the site’s surroundings. Whilst Officers acknowledge that the proposed poultry development represents a substantial addition to the rural landscape, given the proposed grouping, it is considered that the proposed unit would be viewed as integral to the existing farm complex within the wider landscape. Furthermore, given the limited visibility of the application site together with existing and proposed landscaping, it is considered by Officers that the proposal is capable of being accommodated without causing unacceptable harm to existing character and appearance.

In light of the above observations and notwithstanding the scale of the proposed development, given the proposed grouping together with existing and proposed landscaping, it is considered that the proposed development is broadly in accordance with planning policy. Should Members be minded to grant planning permission it is recommended that any consent is subject to appropriate conditions restricting materials and securing the implementation and retention of existing and proposed landscaping. Subject to the above, Officers consider that the visual and landscape impact associated with the proposed poultry development can be appropriately managed thereby safeguard the Powys landscape in accordance with policies SP3, ENV2, EC1, EC9 and EC10 of the Powys Unitary Development Plan.

Transport Impacts

Access to the application site will be provided via the existing junction of the B4356 and C1081, the visibility of which is to be improved by the translocation of approximately 70 metres of hedgerow in an easterly direction (towards Llangunllo). Two passing bays will also be provided along the C1081. Parking and turning provision for associated vehicles will be provided within the application site boundary.

Biodiversity and Ecology

SSSI’s and River Wye SAC

Page 189 indirectly, the nature conservation interest of national nature reserves or sites of special scientific interest.

The proposed site of development is located within approximately 40 metres of the River Aran which forms part of the River Ithon Site of Special Scientific Interested (SSSI) and River Wye Special Area of Conservation (SAC). It is understood that this site has been designated due to the presence of various water-crowfoot species and associated invertebrate, fish and otter presence. It is considered that the key impacts associated with the proposed development include impacts to water quality through surface water run-off and manure spreading together with possible disturbance to key features associated with the SAC during construction and operation of the site.

According to the findings of the Ammonia Modelling Report, no impacts upon the features of this site are expected as a result of ammonia levels or nitrogen and acid deposition rate, either alone or in combination with other similar installations. Measures to prevent surface water pollution of the River Arran are detailed within the submission and include the implementation of a 3 metre wide drainage/sediment ditch which will span the full length of the building (south) to intercept potentially polluted surface water entering the River, installation of an effluent tank and appropriate management of manure.

Given the noted proximity and potential impacts, the County Ecologist has undertaken a Habitats Regulations Assessment (HRA) in order to determine the ‘Likely Significant Effects’ on the SAC in accordance with the requirements of the Conservation of Habitats and Species Regulation. The Ecologist has concluded in their HRA that the proposed development would not have a likely significant effect on the River Wye SAC.

Protected Species

Policy ENV7 of the Powys UDP, TAN5 and PPW seek to safeguard protected species and their habitats.

An Ecological Survey prepared by Star Ecology dated November 2015 supports the planning application. The report notes that there are no records of protected flora or fauna within the proposed development site but that there are records of various protected species within 2km of the application site. Notwithstanding the above, as confirmed by the County Ecologist, it is not considered that the proposed development would negatively affect the conservation status of protected fauna or flora recorded within the vicinity subject to the recommended mitigation measures being secured by condition.

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Built Heritage Impact – Listed Building

Great Cantal Farmhouse is grade II listed farmhouse located within approximately 120 metres of the proposed poultry development. As noted within the Built Heritage Officers’ response, the earlier barns to the farmstead have been replaced by a large range of modern agricultural building sited to the south west of the listed farmhouse which separate the historic building and application site.

Whilst acknowledging the scale of the proposed poultry unit, given the modern agricultural complex and proposed landscaping, the Built Heritage Officer indicates that the proposed development would not have an adverse impact on the setting of Great Cantal Farmhouse and attached barn. In light of the comments received, Officers consider that the proposed development is in accordance with planning policy, particularly policies SP3 and ENV14 of the Powys UDP, Welsh Officer Circular 61/96 and Planning Policy Wales.

Residential Amenity

Noise

The application is accompanied by a Noise Impact Assessment. Members are advised that the closest non-associated residential property (Great Cantal Farmhouse) is located approximately 120 metres to the south west of the proposed poultry unit.

Following consultation, Members are advised that the validity of the Noise Impact Assessment had been challenged by the Councils’ Environmental Health Officer. Given the location of the monitoring equipment, adjacent to a stream and survey timing (November 2015), it is considered that the background noise levels are significantly inflated. The report stated that the noise levels (LA9015min) did not drop below 56dB during the daytime and 55dB

Page 191 at night during the time of the survey however having visited the site, it is understood that the Environmental Health Officer recorded noise levels of 42dB at midday whilst expected night time levels are assumed to be even lower. On this basis, the Environmental Health Officer indicated that a difference of up to 20dB (perceived as being 4-times louder) amounts to a gross over-estimation of the existing background noise level thus affecting the results of the assessment.

In addition to the above, Environmental Health disagreed with the chosen location of the background survey constitutes a ‘representative’ location. It is noted that the selected location, as well as being further away from the proposed development site, was also situated in close proximity to a part of the stream where there are a number of waterfalls which obviously has the effect of increasing the level of noise. As observed by Environmental Health on site, a little further downstream, outside the front of the properties (Great Cantal Farmhouse and Great Cantal Mill), the stream flattens out and the sound of trickling water in this location is much reduced when compared to the crashing water a little further upstream. In light of the above, it is advised that the chosen monitoring location should have reflected this difference in order to attempt to establish a representative background noise level.

In light of the above an amended noise assessment was submitted. Following consultation with Environmental Health it was confirmed that the new noise survey was undertaken at an agreed locations and it had been demonstrated that the impact of plant noise from the proposed development should be well below the existing background noise levels at the nearest sensitive receptors. The report did however predict that noise from feed deliveries could have a significant impact. As such Environmental Health have requested that a condition restricting the hours of delivery is attached to any consent.

On the basis of the comments received, Officers consider that sufficient information has now been submitted to demonstrate that the proposed poultry development will not have an unacceptable adverse impact on the amenities enjoyed by occupants of neighbouring properties by reasons of noise. As such, the proposed development is considered to fundamentally comply with UDP policies GP1, EC1 and EC10, Technical Advice Note 11 and Planning Policy Wales.

Odour

In terms of odour, odour levels can be assessed using odour dispersal model based on standardised values. Odour concentrations are expressed as European odour units per cubic metre (ouE/m3). The Environment Agency (EA) has published guidance for the objective assessment of odour impacts: How to Comply with Your Permit- H4 Odour Management. It recommends the use of 98th percentile of hourly average odour concentrations modelled over a year. Appendix 3 of this document provides a benchmark of 3.0 ouE/m3 for moderately offensive odours. Moderately offensive odours are identified as including those associated with intensive livestock rearing. It is noted that the use of this threshold has been supported by Inspectors in planning appeal decisions.

The application is supported by an “Odour Dispersion Modelling Study” prepared by AS Modelling & Data, dated 26th August 2014. This assessment uses the standardised approach to odour assessment and the results of the model runs are presented in a report. The

Page 192 conclusion states the following: “The modelling predicts that should the development of free range egg laying chicken unit at Great Cantal proceed, at all of the residential receptors considered, odour exposure would be below the Environment Agency’s benchmark for moderately offensive odours, a 98th percentile hourly mean of 3 ouE/m3” over a one year period.

On the basis of the information submitted, it is considered unlikely that the proposed development will have an unacceptable adverse impact on the amenities enjoyed by occupants of neighbouring properties by reasons of odour. Following consultation, it is noted that no concerns have been offered by the Environmental Health Department in this respect provided a condition is attached to any consent regarding the storage of manure. Therefore, notwithstanding the concerns expressed, Development Management considers the proposal to be in accordance with planning policy, in particular UDP policy GP1.

Flood Risk

UDP policy SP14 confirms that highly vulnerable development will not be permitted in a C2 flood zone. No other development will be permitted within an area of high risk of flooding unless it can be demonstrates that the development is of strategic importance and that the consequences of any flooding would be acceptable for the development proposed and that it would not give rise to any unacceptable flooding impacts elsewhere. For such developments to be permitted, they must ensure the provision of appropriate and environmentally sympathetic flood mitigation and/or compensatory measures.

The application is accompanied by a Flood Consequence Assessment (FCA) dated April 2016 which confirms that the proposed development is located on the edge of the C2 flood zone (outside of designated area).

Following consultation, Natural Resources Wales has confirmed that the proposed mitigation including the raising of the finished slab level by 150mm and planting of additional landscaping, it is considered that the consequences and risks of flooding at this location can be managed. In light of the comments received and notwithstanding the third party concerns expressed, subject to appropriate conditions being attached to any grant of consent, Officers consider that the proposed development is in accordance with policies SP14 and DC14 of the Powys UDP, Technical Advice Note 15 and Planning Policy Wales.

RECOMMENDATION

The Environmental Information has been taken into account in reaching the above recommendation.

Conditions

1. The development to which this permission relates shall be begun no later than the expiration of five years from the date of this permission.

Page 193

2. The development shall be carried out strictly in accordance with the documents received (Design & Access Statement dated January 2015, Environmental Statement dated July 2016, Ecological Assessment dated 30th November 2015), plans received 8th January 2016 (drawing no’s 4528/1B and 4528/2A).

3. Notwithstanding the details submitted, a detailed landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The submitted landscaping scheme shall include a scaled drawing and a written specification clearly describing the species, sizes, densities and planting numbers proposed. Drawings must include accurate details of all existing trees and hedgerows to be retained with their location, species, size and condition.

4. A landscape phasing scheme (implementation scheme) for the landscaping scheme as approved (condition 3) shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The landscaping scheme shall thereafter be fully implemented in accordance with the phasing scheme (implementation scheme) so approved.

5. The approved landscaping scheme as implemented by the landscape phasing scheme (condition 4) shall thereafter be maintained for a period of five years. Such maintenance is to include the replacement of any plant/tree/shrub/hedge that is removed, significantly damaged, diseased or dying, with plants/trees/shrubs/hedges of the same species and size within the next planting season, unless otherwise agreed in writing by the Local Planning Authority.

6. Prior to the commencement of building works full details of the colour of the external materials proposed in the construction of the application buildings and feed bins shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be fully implemented in accordance with the details so approved. 7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no extensions or alterations to the unit shall be erected without the consent of the Local Planning Authority.

8. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 and the Town and Country Planning (General Permitted Development) Order 1995 as amended or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification, the premises shall not be used for any purpose other than that hereby authorised. 9. All emissions to air arising from the units hereby approved shall be free from odours at levels that are likely to be offensive or cause serious detriment to the amenity of the locality outside the site boundary of the holdings, as perceived by an authorised officer of the local planning authority by olfactory means. 10. . Prior to first installation, details of all external lighting shall be submitted to and approved in writing by the Local Planning Authority. The details shall include location of lighting, size, projection and level of illumination. Thereafter, the external lighting shall be implemented strictly in accordance with the details so approved.

Page 194 11. Prior to any works being commenced on the development site the visibility improvement at the junction of the C1081 and B4356 shall be fully completed to provide clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.60 metres above ground level at the edge of the adjoining carriageway and 70 metres distant in each direction measured from the centre of the access along the edge of the adjoining carriageway. Nothing shall be planted, erected or allowed to grow on the area(s) of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction for as long as the development hereby permitted remains in existence.

12. Prior to any works being commenced on the development site the applicant shall construct 2 passing bays in locations to be agreed in writing by the Local Planning Authority. The passing bays shall be constructed up to an adoptable standard prior to any works being commenced on the development site.

13. The loading and unloading of service and delivery vehicles together with their arrival and departure from the site shall only take place within the hours of 0800 to 1800 hours Mondays to Fridays and 0800 to 1300 hours on Saturdays and not at any time on Sundays, Bank or Public Holidays (this condition excludes bird movements only)

14. No manure from the development shall be stored on the farm. If it is not possible for manure to be immediately transported off the farm, it shall be held within sheeted trailers for a maximum period of up to five days.

15. No manure from the egg laying unit shall be spread on the holding without the prior written approval of the Local Planning Authority.

16. The storage and spreading of manure shall be undertaken in accordance with the DEFRA Code of Good Agricultural Practice for the Protection of Air, Water and Soil. 17. Vehicles used for the movement of manure shall be sheeted to prevent spillage of manure.

18. Prior to commencement of development a pollution management/mitigation scheme shall be submitted to and approved in writing by the Local Planning Authority and implemented as approved and maintained thereafter. . 19. Prior to commencement of development a Tree and Hedgerow Protection Plan in accordance with BS:5837:2012 shall be submitted to and approved in writing by the Local Planning Authority and implemented as approved and maintained thereafter.

20. New planted trees, hedgerows, translocated hedgerows or retained hedgerows (within the site or associated with the site boundaries, including the ranging area) shall be double fenced within a 3m buffer zone to prevent livestock grazing the hedgerows and to allow regeneration of the hedgerow ground flora.

21. Newly planted/translocated trees and hedgerows shall be watered during any prolonged dry spells within the first year (except winter) to aid establishment.

22. Any loss of 10% or more of new or translocated plants within the first year after planting shall be replaced.

Page 195 23. The recommendations regarding bats, badgers, otters, hedgehogs, curlews and breeding birds identified in Section 11 of the Ecological Report by Star Ecology dated November 2015 shall be adhered to and implemented in full.

Reasons 1. Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2. To ensure adherence to the plans stamped as approved in the interests of clarity and a satisfactory development.

3. To ensure that the application site is adequately landscaped in the interests of the amenity of the area, in accordance with policies GP1, ENV2, ENV3 and EC9 of the Powys Unitary Development Plan (2010), Technical Advice Note 5 – Nature Conservation and Planning (2009) and Planning Policy Wales (2016).

4. To ensure that the application site is adequately landscaped in the interests of the amenity of the area, in accordance with policies GP1, ENV2, ENV3 and EC9 of the Powys Unitary Development Plan (2010), Technical Advice Note 5 – Nature Conservation and Planning (2009) and Planning Policy Wales (2016).

5. To ensure that the application site is adequately landscaped in the interests of the amenity of the area, in accordance with policies GP1, ENV2, ENV3 and EC9 of the Powys Unitary Development Plan (2010), Technical Advice Note 5 – Nature Conservation and Planning (2009) and Planning Policy Wales (2016).

6. To safeguard the character and appearance of the area in accordance with policy GP1 of the Powys Unitary Development Plan (March 2010).

7. In order to control development which has the potential to have adversely affect the amenity of the area in contradiction to policy GP1 of the Powys Unitary Development Plan (March 2010) and Planning Policy Wales (2016).

8. In order that the Local Planning Authority may control the use of the premises in the interests of the protection and preservation of the amenity of the area in accordance with policies GP1, EC1, EC9 and EC10 of the Powys Unitary Development Plan (2010) and Planning Policy Wales (2016).

9. To protect the local amenities of the local residents from the excess of mal-odorous emissions in accordance with policies GP1, EC1 and EC10 of the Powys Unitary Development Plan (2010) and Planning Policy Wales (2016).

10. To protect the local amenities of the local residents from the excess of illuminance in accordance with policies GP1, EC1 and EC10 of the Powys Unitary Development Plan (2010) and Planning Policy Wales (2016).

11. To comply with Powys County Council’s UDP Policies GP1 in relation to noise.

12. To comply with Powys County Council’s UDP Policies GP1 in relation to noise.

Page 196 13. To comply with Powys County Council’s UDP Policies GP4 in relation to highway safety and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Transport.

14. To comply with Powys County Council’s UDP Policies GP4 in relation to highway safety and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Transport.

19. To comply with Powys County Council’s UDP Policies ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Nature Conservation and Planning and the Environment (Wales) Act 2016.

20. To comply with Powys County Council’s UDP Policies ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Nature Conservation and Planning and the Environment (Wales) Act 2016.

21. To comply with Powys County Council’s UDP Policies ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Nature Conservation and Planning and the Environment (Wales) Act 2016.

22. To comply with Powys County Council’s UDP Policies ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Nature Conservation and Planning and the Environment (Wales) Act 2016.

23. To comply with Powys County Council’s UDP Policies ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016) and TAN 18: Nature Conservation and Planning and the Environment (Wales) Act 2016.

______Case Officer: Tamsin Law / Holly-ann Hobbs- Principal Planning Officer Tel: 01597 827319 E-mail: [email protected]

Page 197 Page 198 PTLRW101 - 201610

Planning, Taxi Licensing and Rights of Way Committee

UPDATE REPORT

Application No: P/2012/0581 Grid Ref: 324010.5 306075.11

Community Forden Valid Date: Officer: Council: 07/06/2012 Louise Evans

Applicant: Mr R J Walton, Leighton Road, Dykelands, Buttington, Welshpool, Powys, SY21 8HE

Location: Barndale, Leighton, Welshpool, SY21 8HH

Proposal: Erection of replacement dwelling and an affordable dwelling (semi detached) including external works, landscaping and a retaining wall (retrospective)

Application Application for Full Planning Permission Type:

Update Report:

This application was before Committee on the 28th April 2016. A copy of the minutes of that meeting is attached for your information. In summary it was resolved that the application be granted conditional consent, subject to the applicant entering into a S106 agreement with the Council in respect of one of the units being an affordable dwelling in perpetuity. It was also recommended that if the S106 agreement is not signed within three months that it be delegated to the Professional Lead for Development Management in consultation with the Chair and Vice Chair to refuse the application.

Members will be aware that it is now in excess of the three months given for the section 106 agreement to be signed, however, the process has raised issues in that the applicants Building Society have a charge on the land from an existing mortgage and are required to sign the section 106 agreement in order for it to be enforceable. Unfortunately, whilst the applicants are prepared to sign the agreement, the Building Society has declined to do so.

In order to overcome the issue, Officers have suggested that the affordable housing unit is controlled via planning conditions rather than a section 106 agreement. Such an approach is recognised within the conditions circular 016/2014 and has been used by inspectors in planning appeals such as that at land adjacent to Yellow Jack Barn, Gladestry. Condition numbers 7, 8 and 9 have therefore being added to the suggested condition list. .

Recommendation

The recommendation is one of conditional.

Page 199 1. This permission being retrospective as prescribed by Section 73(a) of the Town and Country Planning Act 1990 (as amended) shall be deemed to take effect from xxxxxxx

2. Within 9 months of the date of this approval, 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 and within the ownership of the applicant adjoining 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 reports are 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: • human health, • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, • adjoining land, • groundwaters and surface waters, • ecological systems, • archaeological 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).

3. Within 12 months of the date of this approval, 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 2 has been received from the Local Planning Authority.

4. The approved remediation scheme must be carried out in accordance with its terms within 18 months of the date of this permission. 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 that demonstrates the effectiveness of the remediation carried out must be produced, and is

Page 200 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.

5. 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 2, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 3, 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 4.

6. 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'.

7. The dwelling known as 27 Castle Court, Leighton, Welshpool, SY21 8HH and also detailed as Barndale 1 on drawing number J016.1.3.55 shall be for 'affordable housing' as defined within the Powys Unitary Development Plan (2010) and Affordable Housing Supplementary Planning Guidance, occupancy shall be restricted as follows: initial occupiers shall be from the Forden Community Council area, together with immediately adjoining Community or Parish Council areas. If successive occupiers cannot be found within these areas, occupiers resident at the time in the appropriate shire area in Powys shall be next sought, followed by occupiers resident in the rest of Powys and adjoining Local Authority areas. The occupancy area shall not be widened to the next level without first obtaining the written approval of the Local Planning Authority.

8. Initial and successive occupiers of the affordable dwellings must comply with the following eligibility criteria: 1. They have resided in the community for at least three consecutive years or were born and brought up in the community; or 2. They are existing residents who require separate accommodation within the community; or 3. They are principally employed in the community amounting to not less than 20 hours per week of full time employment; or 4. They have the offer of employment in the area but cannot take up the offer because of a lack of affordable accommodation; or 5. They wish to move into the community in order to look after an infirm or elderly relative or to be looked after by a resident already resident in the community; and 6. They shall not already mortgage or own a residential property and shall not have recently sold a property, unless the occupiers have an eligibility certificate provided by the Council confirming that the person has an exceptional need for the affordable dwelling.

Page 201 (References in this condition to community relate to the community council area in which the site lies together with immediately adjoining community or parish council areas.)

9. In relation to 27 Castle Court, Leighton, Welshpool, SY21 8HH which is also detailed as Barndale 1 on drawing number J016.1.3.55, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2013 as amended or in any statutory instrument revoking and re-enacting that Order with or without modification without the prior written consent of the Local Planning Authority no development as specified in Part 1 (Classes A, B, C, D, E, F, G, and H) within the curtilage of the dwelling house or any other minor operations as specified in part 2 (Class A) other than indicated on the approved plans shall be carried out without the prior written approval of the Local Planning Authority.

Reasons

1. To comply with Section 63 of the Town and Country Planning Act 1990. 2-6. 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 policy DC15 of the Powys Unitary Development Plan (2010). 7. To comply with Powys County Council's UDP Policies HP7, HP8 and HP10 in relation to the provision of affordable housing and to meet the requirements of Planning Policy Wales (8th edition, 2016), TAN 2: Planning and Affordable Housing (2006) and TAN 6: Planning for Sustainable Rural Communities (2010). 8. To comply with Powys County Council's UDP Policies HP7, HP8 and HP10 in relation to the provision of affordable housing and to meet the requirements of Planning Policy Wales (8th edition, 2016), TAN 2: Planning and Affordable Housing (2006) and TAN 6: Planning for Sustainable Rural Communities (2010). 9. The dwellings are permitted as an exception to normal housing policies. This condition is imposed to control future development at this site which has the potential to compromise future affordability in accordance with policies HP7, HP8 and HP10 of the Powys Unitary Development Plan (2010).

Informative

The plans submitted with the application are noted to be inaccurate and should not be referenced in association with the development hereby approved other than as detailed within the planning conditions above.

______Case Officer: Louise Evans- Planning Officer Tel: 01938 551127 E-mail:[email protected]

Page 202 Page 203

Extract from

MINUTES OF A MEETING OF THE PLANNING, TAXI LICENSING & RIGHTS OF WAY COMMITTEE HELD AT COUNCIL CHAMBER - COUNTY HALL, LLANDRINDOD WELLS, POWYS ON THURSDAY, 28 APRIL 2016

County Councillor L.V. Corfield moved to the public area for the following application.

4.10 P/2013/0581 Barndale, Leighton, Welshpool, SY21 8HH

Application No: P/2012/0581

Grid Ref: 324010.5 306075.11

Valid Date: 07/06/2012

Officer: Louise Evans

Community Council: Forden Community Council

Applicant: Mr R J Walton, Leighton Road, Dykelands, Buttington, Welshpool, Powys, SY21 8HE

Location: Barndale, Leighton, Welshpool, SY21 8HH

Proposal: Erection of replacement dwelling and an affordable dwelling (semi detached) including external works, landscaping and a retaining wall (retrospective)

Application Type: Application for Full Planning Permission

This application had been deferred at the meeting on 31st July, 2014. A contaminated land report had now been received and considered by the Contaminated Land Officer. He advised that the applicant had not consulted him prior to their consultant writing the report. The Contaminated Land Officer advised that he had no objections to the application as planning conditions could be used to secure the outstanding information and any remedial work required. He confirmed that the liability in respect of the effects of any contamination rested with the landowner.

The Professional Lead for Development Management advised that if the applicant did not sign, within three months, the S106 agreement in respect of the one unit being an affordable dwelling in perpetuity, that it be delegated to the Professional Lead for Development Management in consultation with the Chair and Vice Chair to refuse the application.

In response to a question regarding the removal of permitted development rights the Professional Lead for Development Management confirmed that an additional condition could be attached to the planning consent regarding this.

RESOLVED: PageReason 204 for decision: that the application be As officers recommendation as granted consent, subject to set out in the report which is filed the conditions, as set out in with the signed minutes. the report which is filed with the signed minutes with the To ensure that the dwellings serve addition of a condition an affordable need in perpetuity relating to removal of accordance with policies HP7 and permitted development HP10 of the Unitary Development rights and the applicant Plan (2010) and the Affordable entering into a S106 Housing for Local Needs agreement with the Council Supplementary Planning Guidance in respect of one of the units (updated 2011). being an affordable dwelling in perpetuity and that if the To ensure that the application is S106 agreement is not progressed, before the timescales signed within three months to progress with enforcement that it be delegated to the action, have been exceeded. Professional Lead for Development Management in consultation with the Chair and Vice Chair to refuse the application.

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Planning, Taxi Licensing and Rights of Way Committee Report

Application No: TREE/2016/0029 Grid Ref: 321595.32 260746.02

Community New Radnor Valid Date: Officer: Council: 13/09/2016 Isobel Davies

Applicant: Powys County Council

Location: Chidrens Playground, School Lane, New Radnor, Presteigne, LD8 2SS.

Proposal: Cut down and remove mature sycamore & crown reduction to walnut and apple trees.

Application Works to trees subject to a TPO and/or Notification of proposed works to Type: trees in conservation areas

The reason for Committee determination

The application is submitted by Powys County Council.

Site Location and Description

The site of the trees, the subject of this application are located adjoining and within the children’s playground on School Lane in New Radnor. The site falls within the settlement boundary of New Radnor as shown within the Unitary Development Plan (2010) and can be found on the south eastern boundary of the village.

The notification is for the cutting down and removal of a mature Sycamore, the crown reduction of walnut tree x 2 and the crown reduction to apple tree x2. All four trees are sited within the New Radnor conservation area as defined by the Unitary Development Plan (2010).

Consultee Response

New Radnor Community Council

Considered at the October meeting of the Community Council: Resolved to support the application.

1 Page 207 Cllr Michael Jones

No response at the time of writing this report.

PCC – Ecologist

Thank you for consulting me with regards to planning application TREE/2016/0028 which concerns works cutting down and remove mature sycamore & crown reduction to walnut and apple trees

I have reviewed the proposed plans and aerial photos of the tree as well as local records of protected and priority species and designated sites within 500m of the proposed development. The data search identified 53 records of protected and priority species within 500m of the proposed development – no records were for the site itself.

There are no statutory or non-statutory sites within 500m of the site.

Should you be minded to approve the application I recommend inclusion of the following informatives:

Bats - Wildlife & Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2010 (as amended)

Under the Habitats Regulations it is an offence to: • Damage or destroy a breeding site or resting place of any bat. This is an absolute offence - in other words, intent or recklessness does not have to be proved. The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2010 (as amended) that works to trees or buildings where that work involves the disturbance of a bat is an offence if a licence has not been obtained from Natural Resources Wales. If a bat is discovered while work is being undertaken, all work must stop and advice sought from Natural Resources Wales and the Council's Ecologist. You can also call the National Bat helpline on 0345 1300 228 or email [email protected]

Representations

No third party representations have been made at the time of writing this report.

Planning History

None as per GIS

2 Page 208

Principal Planning Constraints

Conservation Area U1178 – Highway

Principal Planning Policies

National Policies

TAN 10 – Tree Preservation Orders (1997)

Tree Preservation Orders: A Guide to the Law and Good Practice, produced by Department for Communities and Local Government Local Policies

Local Planning Policies

UDP HP4 - Settlement Development Boundaries and Capacities UDP ENV8 – Tree Preservation Orders

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

Officer Appraisal

Government guidance advises that in considering applications for proposed tree works the planning authority are advised:

(1) To assess the amenity value of the tree or woodland and the likely impact of the proposal on the amenity of the area, and

(2) In the light of the assessment at (1) above, to consider whether or not the proposal is justified, having regard to the reasons put forward in support of it.

The planning authority is advised to consider whether any loss or damage is likely to arise if consent is refused or granted subject to conditions. In general terms it follows that the higher the amenity value of the tree or woodland the greater the impact of the application on the amenity of the area, the stronger the reasons needed before consent is granted.

As the notification relates to trees within a conservation area, the planning authority can either allow the proposed works to go ahead or make a Tree Preservation Order within 6 weeks of the notification. Planning authorities are able to make TPOs in the interest of amenity.

The proposal is to:

• Cut down and remove mature Sycamore • Crown reduction to walnut tree x 2 • Crown reduction to apple tree x2

3 Page 209

In support of the application the applicant has provided detailed arboriculture assessments that include:

• Arboriculture Risk Assessment – Sycamore surveyed using Picus sonic tomograph (survey by Future Arbor – dated 14th January 2014). • Arboricultural Assessment – Sycamore surveyed using Picus sonic tomograph (survey by Furture Arbor – dated 23rd May 2016) • Arboricultural Risk Assessment (survey by Mambus Arboriculture on all trees – dated 23rd May 2016)

Proposed works to mature Sycamore:

The Sycamore is located directly north of the existing play area which is a Multi Use Games Area (MUGA). The tree is positioned approximately 3 metres back from the edge of the metalled carriageway (School Lane), approximately 50 metres north west of New Radnor Primary School and approximately 30 metres north west of an existing car park. The tree is a mature sycamore and is visually prominent in this part of New Radnor.

The arboricultural reports (January 2014 and May 2016) submitted with the application indicate that the tree has an internal cavity and a continuation of decay, becoming exaggerated towards the base of the specimen. Having assessed the submitted reports, the picus sonic tomographs have shown an acceleration of decay between 2014 and 2016.

As the site of the sycamore falls in close proximity to the MUGA, the primary school and adjoining highway the safety aspect of a large tree with a continuation of decay needs to be given due weight and consideration.

The commissioned reports recommend either the pollarding of the tree to approximately 10 metres to relieve pressure on the weakness identified in the main stem or the felling of the tree. The proposal as submitted is to fell the tree.

Having discussed the matter with the applicant, the MUGA is to be handed over to a recreation committee in New Radnor who are taking control of the play area and it is with this in mind that the future safety of the tree in this location is of utmost importance.

Having assessed the submitted material and having visited the site, although it is considered that the tree is prominent within the conservation area and its removal will have a visual impact upon the amenity of the area, the issue regarding the safety of the tree is to be given due weight in this case. The applicant has confirmed that if the tree is to be pollarded then the base of the specimen will still have an internal cavity which is decayed. The tree if pollarded, could remain in situ for a longer period but would ultimately need to be removed due to the continuation of decay over time.

The Unitary Development Plan (2010) states that “….it is recognised that some surgery or tree felling may be required where the Council is convinced that is necessary for reasons of public safety”.

4 Page 210 In the light of the above, and having inspected the tree on site and considered the arboricultural survey work submitted, it is considered that the programme of work is necessary due to the continuation of decay and the close proximity of the tree to the children’s play area / MUGA, the school and the adjoining highway. It is therefore considered that the proposal accords with national and local policy.

Proposed works to Walnut trees:

The proposal is to reduce the crowns of two walnut trees. One is located in the north eastern corner of the play area whilst the second one is located centrally in the recreation area towards the eastern end of the site.

The arboricultural report submitted (survey by Mambus Arboriculture, dated 23rd May 2016) recommends due to their proximity to the MUGA and the play equipment to the south that the branches be reduced by 20 – 25%. The arboricultural report also recommends that the sub- ordinate members of crossing and rubbing branches should be removed as well as any deadwood bigger than 25mm in diameter.

Having assessed the submitted material and having visited the site, it is considered that the proposed works to the walnut trees x2 will not have an adverse effect upon the amenity of the area and therefore accords with national and local planning policy including Policy ENV8 of the UDP.

Proposed works to Apple trees:

The proposal is to reduce the crowns of two apple trees. One is located near the eastern boundary of the recreation area whilst the second one is located at the southern boundary of the site at the eastern end close to an existing hedge.

The arboricultural report submitted (survey by Mambus Arboriculture, dated 23rd May 2016) recommends that the tree growing near the eastern boundary would benefit from a restorative pruning programme over the next 1-5 years to prevent decline in vitality. It is recommended that the dead lower branch on the northwest side of stem and deadwood from internal canopy be removed.

The report recommends that the second apple tree would benefit from formative pruning. It is also recommended to remove cankered and low branches and formatively prune in winter.

Having assessed the submitted material and having visited the site, it is considered that the proposed works to the apple tress x2 will not have an adverse effect upon the amenity of the area and therefore accords with national and local planning policy including Policy ENV8 of the UDP.

Ecology

The Councils Ecologist has been consulted and has confirmed that there no statutory or non- statutory sites within 500m of the site.

Subject to the inclusion of an informative, the County Ecologist has no objections to the proposal.

5 Page 211 Decision

In the light of the above, and having inspected the trees on site, it is considered that the programme of works as submitted for the walnut and apple trees will not have a detrimental impact upon the character of the conservation area or the overall amenity of the area. The proposed works to the Sycamore tree are seen as necessary due to the continuation of decay and the close proximity of the trees to the existing MUGA, school and adjoining highway. It is considered that the works to the sycamore tree are necessary for reasons of public safety.

Upon consideration of the notification, it is appropriate to allow the proposed works to go ahead. The works should be carried out within 2 years of the date of the notification namely 16th August 2016.

Informative Notes:

Bats - Wildlife & Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2010 (as amended)

______Case Officer: Karen Probert - Planning Officer Tel: 01597 827372 E-mail:[email protected]

6 Page 212 Page 213 This page is intentionally left blank PTLRW102 - 2016

Delegated List

07/10/2016 09 16/11/2016 09 For the purpose of the Local Government (Access to Information) Act 1985, the background papers relating to each individual planning application constitute all the correspondence on the file as numbered in the left hand column.

FOR INFORMATION Decisions of the Head of Regeneration, Property & Commissioning on Delegated Applications

Application Valid Decision Decision notice Proposal Location No. Date sentdate

Land adjacent to Hill Cottage P/2015/0741 29/07/2015 00CONSENT 10/10/2016 Erection of 1 affordable Middletown OUT S106 dwelling, formation of vehicular access, creation of passing places and demolition of existing sheds and all SY21 8DJ associated works (outline) (revised proposal)

31 Tan-y-Llan P/2016/0864 15/08/2016 00CONSENT 10/10/2016 Demolition of Tregynon HOUS conservatory and erection of a 2 storey rear extension Newtown

SY16 3HA

Page 215

1 Application Valid Decision Decision notice Proposal Location No. Date sentdate

P/2016/0865 15/08/2016 00 CONSENT10/10/2016 Demolition of Tregynon HOUS conservatory and erection of 2 storey rear 33 Tan y Llan extension

SY 16 3 HA

3 Londonderry Terrace P/2016/0151 17/08/2016 00 CONSENT11/10/2016 Retrospective HOUS permission for the installation of security Heol Y Doll lights, the erection of a Machynlleth small open storage unit and to replace the small SY 20 8 BG grassed area with artificial grassed surface

Glanhenwye P/2016/0794 29/07/2016 00 CONSENT 11/10/2016 Variation of conditions 3 Glasbury REM & 4 and removal of conditions 5, 6, & 7 of permission PR574807 Hereford relating to occupancy restrictions and to allow HR 3 5 NJ the separation of buildings

Deildre Fawr P/2016/0811 29/07/2016 00 CONSENT12/10/2016 Siting of 3no holiday Y Fan FULL units, change of use of land, formation of access road and installation of sewage treatment plant. SY 18 6 NX

Bronllys Castle P/2016/0814 17/08/2016 00 CONSENT12/10/2016 Retrospective Change The Barn Bronllys FULL of Use - Conversion of barn into residential dewlling and all associated works LD 3 0 HL

Page 216

2 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Bronllys Castle P/2016/0815 17/08/2016 00CONSENT 12/10/2016 Rentention of barn The Barn Bronllys LBC conversion to residential dwelling and all associated works

LD3 0HL

Shop and premises (Rutter's Fruit & P/2016/0821 01/08/2016 00CONSENT 12/10/2016 Erection of a framed Veg) FULL roof canopy to replace existing canopy Market Street Newtown

SY16 2PG

Enclosure 4503 P/2016/0882 18/08/2016 00CONSENT 12/10/2016 Erection of an Forden FULL implement and fodder store and formation of Land adjoining Pont-y-Gaer new vehicular access Welshpool

SY21 8NR

The Old School P/2016/0898 23/08/2016 00CONSENT 12/10/2016 Erection of building to Bettws Cedewain FULL be used in connection with the school Newtown

SY16 3DS

Oerffrwd P/2016/0911 26/08/2016 00CONSENT 12/10/2016 Erection of agricultural Clatter FULL building Caersws

SY17 5NP

Page 217

3 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Cwm Camedd Isaf P/2016/0534 06/07/2016 00 CONSENT13/10/2016 Micro hydro installation FULL to supply the grid on the Nant y Capel and all associated works Dolfach

Penryn P/2016/0854 10/08/2016 00 CONSENT13/10/2016 Demolition of existing Gungrog Hall HOUS garage and erection of a sunroom Welshpool

SY 21 9 HW

Penryn P/2016/0855 10/08/2016 00 CONSENT13/10/2016 Listed building consent Gungrog Hall LBC for demolition of existing garage, erection of a sunroom Welshpool and formation of door opening SY 21 9 HW

Wernddu P/2016/0860 18/08/2016 00 CONSENT13/10/2016 Erection of a new Pen-y-bont-fawr FULL holiday let building to replace an outbuilding and installation of a Oswestry septic tank and alterations to the SY 10 0 HW access

Brynderwen Barn P/2016/0872 23/08/2016 00 CONSENT13/10/2016 Conversion and Abermule FULL extension of barn to residential dwelling and demolition of an existing Montgomery building (amendments to extant permission SY 15 6 JX M/2007/0567)

Page 218

4 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Brynderwen Barn P/2016/0874 23/08/2016 00 CONSENT13/10/2016 Erection of garage and Abermule FULL conversion of stable Montgomery

SY 15 6 JX

Hafod Y Llan P/2016/0879 26/08/2016 00 CONSENT13/10/2016 Demolition of existing Llan HOUS balcony and erection of a sunroom extension Llanbrynmair

SY 19 7 DW

Felindre Manse P/2016/0859 19/08/2016 00 CONSENT14/10/2016 Demolition of existing Berriew HOUS ground floor side extension to be replaced with ground Welshpool floor side extension SY 21 8 BQ

Faircroft P/2016/0889 22/08/2016 00 CONSENT14/10/2016 Demolition of attached Battle HOUS garage. Extention to existing dwelling and all associated works. Erection of detached garage and the creation LD 3 9 RN of new vehicular access.

P/2016/0550 29/06/2016 00 CONSENT17/10/2016 Replacement windows HOUS and doors with doubed glazed UPVC 8 Maesyllan

SY 18 6 DF

Page 219

5 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Moat Farm P/2016/0842 22/08/2016 00 CONSENT17/10/2016 Erection of extensions Bishops Moat HOUS and alterations to dwelling, to include demolition of porch, Bishops Castle garage and pump house SY 9 5 JP

Bryngwawr P/2016/0880 22/08/2016 00 CONSENT17/10/2016 Demolition of existing FULL dwelling and erection of a replacement dwelling Tanrallt Road Machynlleth

SY 20 8 HZ

Nant yr Angell P/2016/0895 25/08/2016 00 CONSENT17/10/2016 Proposed alterations to Llangynog HOUS existing dwelling to include conversion of attached outbuildings as Oswestry extension to dwelling & construction of SY 10 0 HJ conservatory and septic tank

Tynypant Farm P/2015/1013 03/12/2015 00 REFUSE18/10/2016 Ground mounted solar Caehopkin FULL photovoltaic installation and associated structures/works Abercrave

SA 9 1 UE

Pentre Ucha P/2016/0605 08/06/2016 00 CONSENT18/10/2016 Listed building consent Llansilin LBC for replacement of windows Oswestry

SY 10 7 QH

Page 220

6 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Carmel Chapel House P/2016/0766 14/07/2016 00 CONSENT18/10/2016 Alterations and change Cefn Coch LBC of use of chapel & chapel house to create single dwelling, Welshpool including formation of access & installation of SY 21 0 AJ sewage treatment plant

P/2016/0841 09/08/2016 00 CONSENT18/10/2016 Creation of first floor HOUS extension 15 Market Street Knighton

LD 7 1 EY

P/2016/0894 26/08/2016 00 APPROVE18/10/2016 Section 192 - Certificate CLA 2 of Lawfulness for proposed use - erection Broadaxe Business Park of shed to house heating system LD 8 2 UF

Land at rear of Llanerch Inn P/2011/0318 24/03/2011 00 CONSENT19/10/2016 Full: Erection of a new FULL dwelling in grounds of existing listed public Llanerch Lane house and installation of Llandrindod Wells new septic tank LD 1 6 BZ

VLF Building P/2015/0535 18/06/2015 00 REFUSE19/10/2016 Full: Change of use Criggion FULL conversion of former VLF building to Criggion Radio Station dwelling. Welshpool

SY 5 9 BE

Page 221

7 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Upper Heath Farm P/2016/0379 13/04/2016 00CONSENT 19/10/2016 Erection of an FULL agricultural building, an auxiliary workers office and installation of a Presteigne septic tank LD8 2HG

Development Rear of Glandwr House P/2016/0386 17/05/2016 00CONSENT 19/10/2016 Outline planning Lower Cwmturch OUT permission for a one bed dwelling with all Heol Cwmturch matters reserved Swansea

SA9 2TD

Ty Heulwen P/2016/0547 20/06/2016 00CONSENT 19/10/2016 Replacement of HOUS windows with new 3 Castle Road Knighton

LD7 1BA

Almeda P/2016/0867 25/08/2016 00CONSENT 19/10/2016 Refurbishment of the Troedyrallt HOUS existing dwelling plus the addition of a rear Gorn Road extension. Erection of a Llanidloes new garage and provision of a parking SY18 6DQ and turning area

Waun P/2016/0871 24/08/2016 00CONSENT 19/10/2016 Insertion of two dormer Glasbury HOUS windows Hereford

HR3 5LZ

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8 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Lower Drostre P/2016/0903 30/08/2016 00 CONSENT 19/10/2016 Erection of an extension Llanwern FULL to an agricultural building (part-retrospective) Brecon

LD 3 0 RP

Llwynbrain P/2016/0414 20/04/2016 00 CONSENT20/10/2016 Demolition of part of HOUS existing dwelling and erection of extensions Llangammarch Wells

LD 4 4 DA

St Nicholas Churchyard P/2016/0778 30/08/2016 00 CONSENT20/10/2016 Creation of footpaths Churchstoke FULL and installation of a handrail Montgomery

SY 15 6 AF

Dolafon P/2016/0761 31/08/2016 00 CONSENT21/10/2016 Demolition of existing Trefeglwys HOUS store and construction of extension to garage 17 Maes Trannon Caersws

SY 17 5 PS

Glannant P/2016/0887 26/08/2016 00 CONSENT21/10/2016 Erection of a building to Painscastle FULL house farm machinary

LD 2 3 JQ

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9 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Penbryn P/2016/0913 26/08/2016 00 CONSENT 21/10/2016 Application for reserved Land at Battle RES matters in respect of outline application P/2014/0063 for the Brecon demolition of stable block and erection of LD 3 9 RN dwelling

Glanrhyd P/2016/0388 13/04/2016 00 CONSENT24/10/2016 Demolition of part of Carno HOUS dwelling and outbuilding, erection of an extension and Caersws associated works SY 17 5 LN

Tanrhallt P/2016/0734 06/07/2016 00 CONSENT24/10/2016 Erection of rear single Llanwnog HOUS storey extension and first floor extension together with installation Caersws of a balcony (including demolition of rear utility SY 17 5 NY and toilet)

Stapleton P/2016/0870 16/08/2016 00 CONSENT25/10/2016 Erection of an Barnfields HOUS extension, to include demolition of existing garage Newtown

SY 16 2 ND

Land at Ivy House P/2016/0901 30/08/2016 00 REFUSE25/10/2016 LBC: Demolition of an Middletown LBC existing wall to provide new vehicular access in Trewern connection with Welshpool P/2016/0902 SY 21 8 EL

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10 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Land at Ivy House P/2016/0902 30/08/2016 00 REFUSE25/10/2016 Full: Erection of 4 no. Middletown FULL dwellings and formation of associated access Trewern Welshpool

SY 21 8 EL

Upper Cefn-y-Pwll P/2016/0925 31/08/2016 00 CONSENT25/10/2016 Change of use of land Abermule FULL from agriculture to holiday use comprising siting of 1 no. Montgomery shepherds hut together with construction of a SY 15 6 JN composting toilet within existing field shelter and formation of pedestrian access track

Larch House P/2016/0772 22/07/2016 00 CONSENT26/10/2016 Erection of a dwelling Knucklas FULL Knighton

LD 7 1 PN

Buttington Quary P/2016/0923 06/09/2016 00 CONSENT26/10/2016 Extension to existing Buttington FULL amenity mound Welshpool

SY 21 8 SZ

1 Church Cottage P/2016/0930 07/09/2016 00 CONSENT27/10/2016 Erection of an extension Aberedw HOUS Builth Wells

LD 2 3 UW

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11 Application Valid Decision Decision notice Proposal Location No. Date sentdate

P/2016/1032 10/10/2016 00 LAWFUL USE27/10/2016 Application for Llanfihangel Talyllyn CLA 2 certificate of lawfulness for proposed use 5 Meadow View (Section 192) for Brecon conversion of garage into an additional room LD 3 7 TX for existing dwelling

Brynfedwen P/2015/0377 19/05/2015 00 CONSENT 28/10/2016 Outline with some Llanwddyn OUT S106 matters reserved: Application for 6 dwellings, vehicular Oswestry access and infrastructure SY 10 0 LZ improvements

Development of Nursing Home P/2016/0680 27/06/2016 00 CONSENT28/10/2016 Two and three storey Hyssington FULL residential and nursing facilities with associated Forden Road amenity spaces and Mongomery parking in one main building and two SY 15 6 EU independent living blocks.

The Ffridd P/2016/0690 08/09/2016 00 CONSENT 28/10/2016 Erection of an extension Berriew FULL to existing general purpose agricultural building Welshpool

SY 21 8 AT

Clywedog Reservoir P/2016/0907 06/09/2016 00 CONSENT28/10/2016 Installation of a Van FULL substation (part retrospective) Llanidloes

SY 18 6 NU

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12 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Dan Y Coed P/2016/0917 07/09/2016 00 CONSENT28/10/2016 Erection of a front,rear Abermule HOUS and side extension

SY 15 6 JQ

Peniel Chapel P/2016/0748 07/07/2016 00 CONSENT31/10/2016 Listed building consent Carno LBC for internal alterations including 2 new external vents in connection with proposed conversion of former chapel and SY 17 5 LG schoolroom to a dwellinghouse and associated works (revised proposal)

Tyn Y Cwm P/2016/0760 08/08/2016 00 CONSENT31/10/2016 LBC: Conversion of Bwlch-Y-Ffridd LBC outbuilding for additional residential space, installation of Newtown treatment plant and all associated works. SY 16 3 JF

Buck Inn P/2016/0799 27/07/2016 00 CONSENT31/10/2016 Erection of a fire FULL escape door and ladder to the rear of the 19 High Street property Newtown

SY 16 2 NP

Cribyn P/2016/0837 16/08/2016 00 REFCADW31/10/2016 Listed building consent: Llawr-Y-Glyn LBC Internal and external repairs and alterations Caersws

SY 17 5 RH

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13 Application Valid Decision Decision notice Proposal Location No. Date sentdate

14 P/2016/0926 05/09/2016 00CONSENT 31/10/2016 Replacement of rear HOUS balcony with new (part retrospective) Penygraig Street Llanidloes

SY18 6AL

3-5 Green Villas P/2016/0935 06/09/2016 00CONSENT 31/10/2016 Erection of a detached Bont Dolgadfan HOUS garage

SY19 7BD

P/2016/0861 07/09/2016 00CONSENT 02/11/2016 Change of use of Penrhos FULL ground floor from commercial use to a 258 Brecon Road residential unit Ystradgynlais

SA9 1QX

Prestbury House P/2016/0915 07/09/2016 00CONSENT 02/11/2016 Two storey extension Arddleen HOUS and creation of new access within existing curtilge Welshpool

SY21 9LF

Brynafon P/2016/0924 13/09/2016 00LAWFUL USE 02/11/2016 Certificate of lawfulness Llanrhaeadr Ym CLA2 for proposed development (Section MWoactehrnfaal 192) namely nl tStreet replacement of 12 timber and steel framed SY10 0JX windows with uPVC windows, removal of front porch and infilling of front doorway, replacement of front

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14 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Rhos P/2016/0927 08/09/2016 00 CONSENT02/11/2016 Erection of an extension Kerry HOUS Newtown

SY 16 4 PL

Clyro Hill Farm P/2016/0618 09/06/2016 00 CONSENT03/11/2016 Section 73 application Clyro REM for the removal of condition 2 attached to permission PR5824/03 Hereford relating to occupancy restrictions HR 3 6 JU

Saith Seren P/2016/0672 04/07/2016 00 CONSENT03/11/2016 Installation of 6/8 Nantmel FULL person bio disc sewrage treatment system on adjacent field Llandrindod Wells to property LD 1 6 EN

Delfan Newydd P/2016/0827 13/09/2016 00 APPROVE03/11/2016 Section 192 application Pont Robert CLA 2 for proposed extension to roof with new roof tiles and gutter Meifod

SY 22 6 JF

Church House P/2016/0975 19/09/2016 00 CONSENT 03/11/2016 Two storey extension to Llandefalle HOUS the East

LD 3 0 ND

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15 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Llwyncynog Farm P/2016/0519 10/05/2016 00CONSENT 04/11/2016 Erection of two storey Mountain View Barn Talachddu HOUS extension. Brecon

LD3 0UG

Carne Sgwar P/2016/0595 09/06/2016 00CONSENT 04/11/2016 Proposed building for Llanfihangel-Nant-Bran FULL mixed agrigultural and equestrian use, Brecon including fodder & machinery store & one stable LD3 9LY

Wernllwyd P/2016/0851 15/08/2016 00CONSENT 04/11/2016 Erection of an Berriew FULL agricultural building, alterations to access and all associated Welshpool works SY21 8AA

P/2016/0888 09/09/2016 00CONSENT 04/11/2016 Erection of residential Plot Adjacent to L l a n y re FULL dwelling (amendments G r e e n Acres to application P/2013/0206) Llandrindod Wells

LD1 6EA

Wernllwyd P/2016/0954 15/09/2016 00CONSENT 04/11/2016 Erection of an Berriew FULL agricultural building for livestock housing and all associated works Welshpool

SY21 8AA

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16 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Pontbren P/2016/0732 12/09/2016 00 CONSENT07/11/2016 Erection of extension to Maesmynis FULL existing dwelling with change of use of part of land from agricultural to Builth Wells residential LD 2 3 HR

Cilhaul P/2016/0931 12/09/2016 00 CONSENT07/11/2016 Retrospective: Erection Llanfair Caereinion HOUS of extension to existing dwelling, erection of covered stable and Welshpool erection of exterior decking SY 21 0 EB

Church Place P/2016/0950 13/09/2016 00 CONSENT07/11/2016 Demolition of HOUS outbuildings and erection of a garden 31 Penrallt Street room Machynlleth

SY 20 8 AG

Hill Cottage North P/2016/0943 14/09/2016 00 CONSENT08/11/2016 Erection of a Trewern FULL replacement dwelling house in revised position to existing Welshpool dwelling and all associated works (to SY 21 8 ET include demolition of existing dwelling)

W R Davies (Motors) Ltd P/2016/0863 14/09/2016 00 CONSENT09/11/2016 Application for consent ADV to display a variety of internally illuminated Pool Road and non illuminated Newtown signs (14 no.) SY 16 3 AH

Page 231

17 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Tanerdy P/2016/0920 01/09/2016 00CONSENT 09/11/2016 Replacement of HOUS windows 21 Garsiwn Machynlleth

SY20 8BZ

Hafod Wen P/2016/0716 05/07/2016 00CONSENT 10/11/2016 Erection of single storey Abbeycwmhir FULL replacement dwelling and associated works Llandrindod Wells

LD1 6PT

New Dwelling land at Pengethley P/2016/0717 28/07/2016 00CONSENT 10/11/2016 Erection of replacement Bryngwyn FULL dwelling (revised desing and access point) Kington

HR5 3QL

P/2016/0945 15/09/2016 00CONSENT 10/11/2016 Reserved Matters Land Opposite The RES application for layout, Wynnstay Inn appearance, Llansilin landscaping and scale in connection with the erection of 23 dwellings SY10 7QB and construction of vehicular access

Midland Bank P/2016/0955 21/09/2016 00REFCADW 10/11/2016 Replacement of existing LBC external signage and re-painting of the stone Middleton Street frieze Llandrindod Wells

LD1 5ET

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18 Application Valid Decision Decision notice Proposal Location No. Date sentdate

HSBC (Midland Bank) P/2016/0956 15/09/2016 00 CONSENT10/11/2016 Application for consent ADV to display various non-illuminated signs (7 Middleton Street no.) Llandrindod Wells

LD 1 5 ET

Property rear of Bowling Club P/2016/0961 16/09/2016 00 CONSENT10/11/2016 Change of use of Back Lane FULL dwelling to storage use ancillary to the bowling The Cunnings Bowling Green club (retrospective) Newtown

SY 16 2 NH

Land rear of the Hand Inn P/2016/0135 04/03/2016 00 CONSENT11/11/2016 Siting of two units for FULL holiday use and all associated works Park Street Llanrhaeadr Ym Mochnant

SY 10 0 JP

The Meadows P/2016/0998 07/10/2016 00 CONSENT14/11/2016 Erection of extensions Cyfronydd HOUS Welshpool

SY 21 9 EG

Land at Bryn Eglwys P/2016/0370 07/04/2016 00 CONSENT 15/11/2016 Erection of an Brithdir FULL S106 affordable dwelling, installation of a septic tank and creation of a Llanfyllin new access SY 22 5 HB

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19 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Land at Muliti Use Games Area P/2016/0969 21/09/2016 00 CONSENT15/11/2016 Erection of a security FULL fence Vaynor Newtown

SY 16 1 HL

Land adj 11 Green Lane P/2016/0393 19/04/2016 00 CONSENT16/11/2016 Erection of proposed FULL dwelling and garage Presteigne

Maesmawr Farm P/2016/0460 29/04/2016 00 CONSENT16/11/2016 Section 73 application REM to vary condition 2, 4 and remove condition 7 Moat Lane of permission Caersws P/2013/0808 (relating to approved plans, the SY 17 5 SB colour of mobile homes and size of static caravans), installation of a septic tank (revised location) Land near Beiligof P/2016/0564 19/05/2016 00 CONSENT16/11/2016 Siting of 2 no. holiday FULL units, formation of access road, installation of septic tank & Rhayader associated works LD 6 5 NR

Tynywern Farmhouse P/2016/0657 26/07/2016 00 CONSENT16/11/2016 Change of use of an Dolau FULL agicultural barn to a 2 bedroomed holiday accomodation Llandrindod Wells

LD 1 5 TL

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20 Application Valid Decision Decision notice Proposal Location No. Date sentdate

Henllan Isaf P/2016/0731 09/08/2016 00 CONSENT16/11/2016 Section 73 application Llangyniew REM to amended conditions 2, 3 and 4 of permission M/2000/0493 to allow Welshpool the change/variation of occupancy restriction, SY 21 9 EJ proposed materials and approved plans to be altered

Welshpool & Llanfair Light Railway P/2016/0934 29/09/2016 00 CONSENT16/11/2016 Change of use of Llanfair Caereinion FULL existing workshop units (Use Classes B1 & A1) Pool Road and modification to Welshpool existing workshop units and partial demolition SY 21 0 SG and reconstruction to form operational railway workshop (Use Class B2)

Trannon Caravan Park P/2016/0944 21/09/2016 00 CONSENT16/11/2016 Creation of new Trefeglwys FULL vehicular access and passing point to serve Trannon Caravan Park

SY 17 5 PU

Fron Farm P/2016/0979 22/09/2016 00 CONSENT16/11/2016 Erection of a two storey Howey HOUS extension to existing dwelling together with demolition of outbuilding Llandrindod Wells and rear store LD 1 5 RE

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Penderfyniad ar yr Apêl Appeal Decision Ymweliad â safle a wnaed ar 21/09/16 Site visit made on 21/09/16 gan Kay Sheffield BA(Hons) DipTP by Kay Sheffield BA(Hons) DipTP MRTPI MRTPI Arolygydd a benodir gan Weinidogion Cymru an Inspector appointed by the Welsh Ministers Dyddiad : 19 Hydref 2016 Date : 19 October 2016

Appeal Ref: APP/T6850/A/16/3146601 Site address: Glyn Farm, Van, Llanidloes, Powys, SY18 6NE The Welsh Ministers have transferred the authority to decide this appeal to me as the appointed Inspector.  The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission.  The appeal is made by Tudor Jones against the decision of Powys County Council.  The application Ref P/2015/0668, dated 07/07/2015, was refused by notice dated 02/10/2015.  The development proposed is the installation of one wind turbine (24.8m to hub), equipment cabinet and ancillary development.

Decision

1. The appeal is allowed and planning permission is granted for one wind turbine (24.8m to hub), equipment cabinet and ancillary development at Glyn Farm, Van, Llanidloes, Powys, SY18 6NE in accordance with the terms of the application, Ref P/2015/0668, dated 07/07/2015, and the plans submitted with it, subject to the schedule of conditions attached to the decision.

Main Issues

2. The main issues are the effect of the development on the character of the landscape; the visual amenity of the area and local residents; and cultural heritage.

Reasons

3. The appeal seeks consent for a single turbine with hub height of 24.8m and a rotor diameter of 23.5m, giving a vertical blade tip height of 36.6m. The turbine would be sited in open countryside to the north west of Llanidloes. The Afon Clywedog runs through the valley to the south. The topography of the surrounding area is undulating and the turbine would stand to the south east of a local high point of 310m AOD. The farm buildings sit on lower ground approximately 350m to the west and are accessed from a minor road off the B4518 from Llanidloes. The dam at the Clywedog Reservoir is located about 2.6km north west of the site.

4. In addition to the farms and residential properties scattered across the local area there are existing turbines, the nearest being a single turbine at Lower Cefn Penarth approximately 1.2km to the south west of the site. Distant views of several wind farms are also possible in periods of good visibility and include Llandinam to the south east and Carno to the north. The proposed Bryn Blaen wind farm and Bryn Titli extension lie to the south west and south respectively.

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5. Although the site does not lie within any national or local landscape designations, it is within the Clywedog Valley Landscape of Special Historic Interest. There are also Scheduled Ancient Monuments (SAM) and Listed Buildings (LB) in the area which include Glyn Clywedog, the house at Glyn Farm, and its stable/cart shed. The National Trail, Glyndŵr’s Way, is approximately 350m to the north of the site.

Effect on the character of the landscape

6. According to LANDMAP the site lies within the Clywedog Upland Grazing Visual and Sensory Aspect Area (VSAA). The Upper Severn Valley VSAA lies approximately 100m to the east and 150m to the south of the site and the Llanidloes Farmland VSAA is approximately 300m to the north east. The VSAA’s have an overall evaluation of high with the exception of the latter which is moderate.

7. The Clywedog Upland Grazing VSAA is described as a slightly bleak and remote upland area with upland grazing on its margins. However, it is close to the margins of the VSAA where upland grazing is recognised as taking place. The character of the appeal site also displays features of the neighbouring VSAA including the irregular, well defined small to medium scale field pattern, grazed fields associated with small patches of broadleaf woodland and small scale clustered and scattered settlements of the Llanidloes Farmland VSAA and the well-defined network of field patterns running at right angles to the river course and a settled and domestic setting acting as a contrast with the upland grazing and open farming of the upper slopes of the Upper Severn Valley VSAA.

8. With regard to the Historic Landscape Aspect Area (HLAA) the site lies within the Lower Clywedog/Upper Severn HLAA. It is described as an extensive area of irregular fields and some woodland occupying rolling upland to the west of Llanidloes. Whilst dominated by medieval and scattered farms and houses, reference is made to prehistoric burial and ritual monuments and later prehistoric hillforts and enclosures. It is recognised that the area is rich in metal mining remains.

9. In the Clywedog Valley Landscape of Special Historic Interest there are smaller distinct character areas and the appeal site lies within the Manledd character area which stretches from the Clywedog Dam to the outskirts of Llanidloes. Although the importance of mine workings is recognised in the character of the registered landscape, it is also recorded as including a variety of different fieldscapes representing a number of distinct patterns of land use and enclosure.

10. The submitted Historic Environment Assessment reports a significant cluster of Iron Age Hillforts in the local area. The best examples within 2km of the site are identified as being the SAM of Penyclun and Penycastell Hillforts and the recently discovered Penrally Hillfort. However, they are each of a different character and it is not known if they are all contemporary. The location of the forts on prominent hilltops gave control over the surrounding area, especially the valleys and the trade routes and intervisibility between the sites may have been a factor in their location. Whilst the turbine would be visible to varying degrees from the identified forts, it would not interfere unduly with intervisibility between them.

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11. The site is within the Clywedog Valley Cultural Landscape Aspect Area (CLAA) and the Clywedog Valley Landscape of Special Historic Interest is described as the remnants of the once thriving lead-mining industry which had a considerable impact on the landscape. No features of the site which reflect the mining heritage of the area have been drawn to my attention. Monuments in the local area associated with lead mining include Bryntail and Penyclun and although there would be the potential for the turbine to feature in views of and from the monuments, I agree with Cadw that these would be limited with little effect on the heritage assets. Furthermore the Clywedog Reservoir is recognised for its contemporary cultural essence as are the wind farms which are seen as a 20th century response to the need for sources of sustainable energy.

12. The development would introduce a vertical, moving and man-made element into the landscape. However, given the height of the turbine and the character of its surroundings, I do not consider that the proposal would be an unduly prominent or disturbing element in relation to the broader landscape in which it would sit. On this basis I do not consider that the turbine would be unduly intrusive in the landscape.

13. In some views the proposed turbine would be seen in the context of the existing turbine at Lower Cefn Penarth, the widely dispersed single turbines and the wind farms. However, due to the distance from the site of the large scale wind farms and the distribution of the single turbines across the area, the former are not prominent in most views and the latter are generally viewed in isolation of other turbines. With regards to the turbine at Lower Cefn Penarth, the proposed turbine would represent a slight intensification but one which would be satisfactorily accommodated within the landscape. Given the evidence before me and my observations during the site visit I do not consider the development would have an unacceptable impact when viewed cumulatively with other similar developments in the area.

14. The evidence leads me to conclude that the development would not be detrimental to the character of the landscape, in accord with Policies GP1, ENV2 and E3 of the Powys Unitary Development Plan, 2010 (the UDP) which support proposals for wind turbines that do not unacceptably adversely affect the quality of the landscape.

Effect on visual amenity

15. The Council’s main concern is the effect the turbine would have on views from within the Clywedog Valley Landscape of Special Historic Interest and from Glyndŵr’s Way.

16. There are several vantage points on the local highways from where the turbine would be visible. From some of these viewpoints, including the entrance to Cefngoleugoed (viewpoint 1) and the minor road to the south of the site near Bronheulwen (viewpoint 2) the structure would appear quite prominent in the landscape. However due to the local topography, roadside hedges, woodland planting and the direction of travel of receptors, views of the turbine from the local roads would be intermittent.

17. It is acknowledged that from the viewing platform at the Clywedog Dam (viewpoint 3) the turbine would be a prominent feature on the hillside above the farm buildings and would be seen in the context of the existing turbine at Lower Cefn Penarth. However views of the turbine would depend on the direction of travel and at some points would be restricted by vegetation. Furthermore the turbine would form only a minor part of a panoramic view dominated by the reservoir and the dam.

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18. The trig point at Bryn y Fan (viewpoint 4) is within Open Access Land and in the elevated view from this location the turbine would feature in the foreground, relatively close to the existing turbine at Lower Cefn Penarth. Although visible, the turbine would be below the receptor and views of the landscape would be seen above it. Rather than creating a focal point, the turbine would be seen as a minor feature against the panorama of the rolling hills which make up the wider landscape.

19. From the viewpoint on Glyndŵr’s Way near Bron-y-Geifr (viewpoint 5), the existing turbine at Lower Cefn Penarth and more distant turbines would feature in views to the west. However, from this vantage point the turbine seen beyond the farm buildings would be a minor feature within the panoramic view of the wider landscape and the views would be intermittent, being interrupted by local topography and landscaping.

20. Although visualisations were not provided from the section of Glyndŵr’s Way closest to the site, the Appellant’s rebuttal statement contained additional evidence to which I have had regard together with my own observations made during my site visit. I found that views from the section of the trail that follow the B4518 to the north of the site were restricted by the topography and planting. Moreover, it is a busy section of road and walkers would need to be attentive of other road users. Views of the turbine from other sections of the trail in the vicinity of the site would be similarly restricted by the local topography and planting as well as the direction of travel of the walkers. These factors would all affect the perception of the turbine experienced by receptors.

21. The LVIA considers that the nature of change to the visual amenity of receptors using Glyndŵr’s Way as a result of the development would be major-moderate on this section of the trail reducing to moderate up to approximately 4km from the site and with no effect beyond this distance. Whilst I acknowledge that the turbine would have an adverse effect on the visual amenity of receptors using the trail, I do not consider that overall the effect would be significant.

22. Receptors would see the turbine within the landscape and in some instances it would be a prominent feature. However, such views would be intermittent and from various viewpoints the turbine would be seen against the wider landscape within which it would be satisfactorily accommodated. Whilst the presence of the turbine might have a bearing on peoples’ perceptions of the Clywedog Valley, on balance I do not consider that the proposal would harm the visual amenity of receptors in the area, in accord with Policies GP1, TR2, ENV2 and E3 of the UDP

Effect on visual amenity of local residents

23. In refusing planning permission the Council considered that insufficient information had been submitted to assess the effect of the development on the visual amenity of the residents of nearby properties. Although the LVIA submitted as part of the application assessed the effect of the turbine on properties within 1km of the site, it was not supported by any visualisations. The Residential Visual Amenity Assessment (RVAA) submitted as part of the appeal sought to address this omission by the inclusion of wireframes.

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24. Of the thirteen properties detailed in the RVAA the Council has highlighted concerns regarding five, namely. The distance separating these properties from the site varies between approximately 740m and 1km and the wire frames submitted as part of the RVAA indicate that a large proportion of the turbine would be seen from each of them. However, when the orientation of the dwellings is taken into account and the potential effect of intervening landscaping, and in the case of Cefngoleugoed an agricultural building, the magnitude of change is assessed as low in the case of Pany-y-Clun and negligible in respect of the remainder of the dwellings.

25. I acknowledge that the turbine would be visible in the outlook from some of these properties and some may have direct views of the structure from within the dwelling which would not be screened or broken by intervening vegetation. I am also aware that there is the potential for views of the turbine to be less restricted from within the gardens to the dwellings. However, on the evidence before me I do not consider that the extent to which the turbine would be visible would constitute an unpleasantly overwhelming or unavoidable presence to the detriment of the visual amenity of occupiers of the properties concerned.

26. On this basis I conclude that the proposed development would not cause an unacceptable level of harm to the visual amenity of local residents, in accordance with Policies GP1 and E3 of the UDP.

Effect on cultural heritage

27. The setting of an historic asset includes the surroundings in which it is understood, experienced and appreciated both in the past and in the present. Its extent is not fixed and may change as the asset and its surroundings evolve. Elements of a setting may make a positive or negative contribution to the significance of an asset, may affect the ability to appreciate that significance or may be neutral.

28. Glyn Clywedog is Grade II listed and dates from the early to mid-17th century. It was built as a gatehouse and according to the listing description was intended to serve a mansion although there is no evidence regarding its existence or location. The LB stands at the southern edge of the farmyard and faces east. An arched passage which ran through the centre of the building has been enclosed and incorporated into the dwelling. The only surviving detail of this feature is discernable in the eastern elevation. Its listed status is due to the property being a rare survival of this 17th century building type and unusual in that it was constructed as a gatehouse but became a main dwelling. It is therefore the age and design of the LB which are of significance to the heritage asset.

29. In its concerns regarding the effect of the development on the setting of the LB the Council made specific reference to views from the Clywedog Dam viewing platform and the road linking it and the B4518. From these vantage points the LB forms part of a cluster of buildings associated with the farm and the nearby dwelling, Dyffryn. The turbine would sit on higher ground away from the buildings and separated by an area of woodland. Reference was also made to views of the LB from Glyndŵr’s Way.

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30. Although the LB is viewed in the context of the wider landscape and in some directions the farm and Dyffryn are the only buildings visible, the panoramic view includes the dam, the farm and existing turbine at Lower Cefn Penarth, and the windfarm in the distance. Furthermore, it is understood that views of the LB were previously restricted by tree planting within a short distance to the west of the LB and that a requirement of the felling licence is that replacement tree planting will take place within a specified time period. When these replacement trees become established the views of the LB will become restricted again over time.

31. The erection of the turbine would visually alter the landscape within which the LB is viewed. However, the relationship of the LB with the buildings and land which surround it would still be discernable and no harm to the significance of the heritage asset would come about as a result of the development.

32. The cultural character of the area has been influenced by the early Roman to 19th century mineral exploitation, the drowning of the valley to form the reservoir and more recently wind turbines. The CLAA is described as an area with “a rich historical past now dominated by 20th century infrastructure in the form of the reservoir and visual intrusion of wind turbines”. It is the occupation and exploitation of the landscape from various periods which according to LANDMAP contributes to the high evaluation of the cultural landscape. With regard to the effect of the development on the cultural landscape of the Clywedog Valley Landscape of Special Historic Interest, the Council highlighted concerns regarding the views from the Clywedog Dam and its immediate environs including the Bryntail Lead Mine and Penygaer Hillfort.

33. From the viewing platform the dam is visible together with its attendant pumping station, service roads and the Bryntail Lead Mine as well as the turbines of the windfarms on the horizon and the operational turbine at Lower Cefn Penarth. Although the turbine would introduce an additional feature into this landscape, it is one of a kind that is already present and recognised in LANDMAP as contributing to the cultural landscape.

34. In addition it would not alter the different fieldscapes which represent a number of distinct patterns of land use and enclosure and are recorded as being a characteristic of the registered landscape. In view of the conclusions I have already reached with regards to the effect of the development on the LB, I similarly consider that although the turbine would visually alter the landscape, it would not harm its cultural heritage.

35. On this basis I conclude that the development would not have an adverse effect on cultural heritage and would accord with Policies ENV14 and ENV18 of the UDP and Planning Policy Wales which seek to protect heritage assets and their settings.

Other material considerations

36. In addition to the matters already covered interested parties also raised concerns regarding noise and ecology. The submitted noise assessment states that noise levels at sensitive receptor properties would be below the limits set out in ETSU-R-97 and would be controlled. The Council was satisfied that the living conditions of occupiers of the nearest uninvolved properties would not be unacceptably affected by noise. Similarly the Council was satisfied with regard to the ecology and biodiversity of the area. On the evidence before me I have no reason to reach a different conclusion on either matter.

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37. The Welsh Government is committed to delivering renewable energy as part of its objective of combating climate change, and wind energy is recognised as offering the greatest potential in the short to medium term for delivering renewable energy. Whilst Technical Advice Note (TAN) 8 states in paragraph 2.13 that most areas outside Strategic Search Areas should remain free of large wind power schemes, it recognises that there is a balance to be struck between the desirability of renewable energy and landscape protection. Whilst that balance should not result in severe restriction on the development of wind power capacity, there is a case for avoiding a situation where wind turbines are spread across the county as a whole. Furthermore TAN 8 contains the implicit objective in paragraph 8.4 of Appendix D “to maintain landscape character i.e. no significant change in landscape character from wind turbine development”. In view of the conclusions reached in respect of the effect of the development on landscape character, I consider the balance required by TAN 8 is in favour of the appeal.

38. The production of renewable energy is a recognised form of farm diversification listed in paragraph 3.7.2 of TAN 6. Whilst I have no evidence of the contribution the income from the electricity generated by the turbine would make to the farming enterprise I accept that the agricultural use of the land would benefit from an additional income for an anticipated twenty five years.

Conditions

39. In imposing the conditions I have had regard to the suggested list put forward by the Council and Circular 16/2014 The Use of Planning Conditions for Development Management. In the interests of clarity and visual amenity I have confirmed the dimensions of the turbine. For the same reason I have also confirmed the 25 year time limit for the permission in a separate condition rather than as part of the decommissioning details as suggested by the Council. The conditions covering decommissioning relate to the end of the permission and would also come into effect if the turbine should cease to generate electricity. Also in the interests of visual amenity I have required the approval of the external finish of the development.

40. In the interests of amenity I have set a noise level limit for the turbine and established the measures to be taken should this be exceeded. In the interests of aviation safety, I have required the submission of details in respect of the height and location of the turbine and the dates of the construction period.

41. The Council suggested a condition requiring the implementation of a permissive public right of way for Bridleway 48. However, as I have not been made aware of any bridleway being affected by the development the condition would appear to be unnecessary. The Council also suggested a condition requiring a Biodiversity Risk Assessment in respect of the identification of appropriate measures to control any invasive non-native species on the site and to prevent such species being introduced to the site for the duration of the development and its subsequent restoration. There is no evidence of invasive non-native species on the site or of the basis for the concerns that they may be introduced as a result of the development. Whilst the protection of biodiversity is an important consideration, in the absence of any justification for the imposition of the condition I consider it unnecessary, unreasonable and inappropriate.

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Conclusions

42. I have found that the development would not have an unacceptably adverse effect on landscape character or visual amenity. It would also not cause undue harm to the residential amenity of the occupiers of nearby dwellings or the cultural landscape of the area. Concerns expressed by interested parties with regard to noise and biodiversity have not been justified by the evidence. Furthermore the proposed turbine would make a contribution towards national targets for renewable energy as well as contributing financially to a rural enterprise.

43. I therefore conclude that the proposed development would not have an unacceptably harmful effect on landscape character and visual amenity, in accordance with Policy E3 of the UDP which seeks to ensure that the development would not unacceptably adversely affect the environmental and landscape quality of Powys, either on an individual basis or in combination with other proposed or similar developments. In relation to the balance to be struck between the desirability of renewable energy and landscape protection, as set out in TAN 8, I conclude that in this case the balance is in favour of the appeal.

44. For these reasons, and taking into account all other matters raised, the appeal is allowed. Kay Sheffield Inspector

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Schedule of Conditions 1) The development shall begin not later than five years from the date of this decision. 2) The development shall be carried out in accordance with the following approved plans and documents: Plan Ref: GlynnFm2-LP10000C; GlynnFm2-LP2500B; GlynnFm2- LP1000B; turbine elevation; and cabinet detail. 3) The turbine hereby permitted shall not exceed a hub height of 24.8 metres and a blade tip height of 36.6 metres. 4) The permission hereby granted shall endure for a period of 25 years from the date when electricity is first exported from the wind turbine. Written confirmation of the first export date shall be sent to local planning authority within one month of the first export date. 5) No later than 12 months before the expiry date of the planning permission hereby granted a decommissioning and site restoration scheme shall be submitted to the local planning authority for its written approval. The scheme shall include: i) details of the removal of the wind turbine and the surface elements of the development plus one metre of the turbine base below ground level; and ii) a construction method statement. The scheme shall be implemented in accordance with the approved details. 6) Notwithstanding the submitted details, no development shall take place until details of the external finish of the turbine and the associated cabinet hereby permitted have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details. 7) In the event of the wind turbine failing to produce electricity supplied to the local grid for a continuous period of six months, then it will be deemed to have ceased to be required, the wind turbine and its ancillary equipment shall be dismantled and removed from the site within six months of the deemed cessation date and the site restored to its former condition. 8) The level of noise emissions from the turbine hereby permitted shall be in accordance with the guidance contained within the Department of Trade and Industry Report “The Assessment and Rating of Noise from Wind Farms” (ETSU-R-97) and, as such, shall not exceed an absolute noise level of 35dB expressed as LA90 10min at any non- financially involved existing dwelling, up to on-site wind speeds of 10m/s measured at a height of 10m. 9) At the written request of the local planning authority, the operator of the development shall measure and assess at its expense the level of noise emissions from the wind turbine. Should the wind turbine be identified as operating at an absolute noise level that exceeds the limits set in condition 8, the turbine shall cease operation until such time as maintenance or repair is undertaken sufficient to reduce the absolute noise level of the operating turbine to within the specified parameters. 10) At least 21 days prior to the commencement of the development the developer shall provide written confirmation of the following to the local planning authority: i) the proposed date of commencement of the erection of the turbine; ii) the maximum height of any construction equipment; and iii) the latitude and longitude of the turbine.

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Penderfyniad ar yr Apêl Appeal Decision Ymweliad â safle a wnaed ar 6/09/16 Site visit made on 6/09/16 gan Iwan Lloyd BA BTP MRTPI by Iwan Lloyd BA BTP MRTPI Arolygydd a benodir gan Weinidogion Cymru an Inspector appointed by the Welsh Ministers Dyddiad: 19.10.16 Date: 19.10.16

Appeal Ref: APP/T6850/A/16/3152096 Site address: Land adjacent to Yellow Jack Barn, Gladestry, Kington HR5 3NT The Welsh Ministers have transferred the authority to decide this appeal to me as the appointed Inspector.  The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission.  The appeal is made by Mr & Mrs J Alman against the decision of Powys County Council.  The application Ref P/2015/1078, dated 2/11/2015, was refused by notice dated 4/05/2016.  The development proposed is outline planning application for residential development.

Decision

1. The appeal is allowed and planning permission is granted for outline planning application for residential development at land adjacent to Yellow Jack Barn, Gladestry, Kington HR5 3NT in accordance with the terms of the application, Ref P/2015/1078, dated 2/11/2015, and the plans submitted with it, subject to the conditions in the schedule below.

Procedural matters

2. The planning application is submitted in outline with all matters reserved for later determination.

3. The Welsh Government issued a direction on 19/07/2016 that the proposal is not an environmental impact assessment development within the meaning of the 2016 Regulations, which in turn consolidate the 1999 Regulations and subsequent amendments.

4. A unilateral undertaking planning obligation was submitted on 30 September 2016 dealing with the provision of affordable housing. The Council has reviewed its contents and has been given an opportunity to comment.

5. The appellants acknowledge that Yellow Jack Barn should be referred to as Church Barn. However, the planning application and refusal refers to Yellow Jack Barn and there is no confusion as to where the site is located as the plans identify the appeal site.

Main Issue

6. This is the effect of the proposal on highway and pedestrian safety.

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Reasons

Highway safety

7. The appeal site is outside but abuts the settlement boundary of Gladestry which forms the southern border of the site. The proposed northern boundary of the site would align with the northern extent of the settlement boundary which surrounds Acorns Rising. There would be a gap left on the same field as the appeal site between the rear of Dale Cottage/Acorns Rising and the appeal development.

8. The indicative plan accompanying the application shows a layout of 5 houses, a central access point, a vision splay to the north and south and pavement running along the western boundary of the single width carriageway. The splay to the south includes a triangular piece of land alongside the carriageway which terminates at a point adjacent to the newly widened road junction serving Barn Meadow Cottage. Within this piece a new verge would be created which widens nearer the proposed access.

9. The stretch of road which is presently single width extends from the proposed access to the newly widened road junction. This extends for some 80m. The road south of the widened junction is wide enough for two vehicles to pass, although there is no pavement along its length until where the carriageway splits adjacent to Corner House. The appellants have offered a piece of land to the rear of Corner House from the village road to the south side of the Hall to facilitate a footpath. The appellants assert that this would overcome the objection on pedestrian safety in relation to the stretch of road from Corner House up to the Hall.

10. Access is a reserved matter, although the indicative plan shows that there is potential for the triangular piece of land within the appellants control to be utilised to widen the width of the carriageway, should this be necessary, for a considerable length of the 80m stretch. This is not presently shown on the indicative plan presumably because the proposal sought to preserve the rural surroundings, yet this would overcome, in my view, the concern raised in relation to highway and pedestrian safety. As access is a matter reserved for later determination it would be a matter for further deliberation should the appeal be allowed. In my view, access is not an impediment to the appeal development being allowed because there would be sufficient passage for two vehicles to pass along the relevant stretch of the highway within the appellants’ control. Furthermore, the offer of an alternative footpath link would be beneficial for the development and for users of the existing footpath network suitably addressing the concerns in relation to highway and pedestrian safety.

11. With both these measures in place I do not consider that the effects of the proposed development would harm highway and pedestrian safety. The development would not in my view conflict with policies GP1, GP4 and HP5 of the Powys Unitary Development Plan (UDP) in so far as these relate to the issue of highway and pedestrian safety. There is no empirical evidence submitted that the flow of traffic from the proposed development could not be catered for with these measures in place and having regard to the existing highway network in the area.

Conclusions

12. The development site is outside the settlement boundary but adjoins it, and I would concur with the Council’s assessment that the current significant shortfall in housing land supply and that the proposal is acceptable in terms of the sustainable scale and growth of the village would attract considerable weight in favour of the development. I have no reason to disagree with the Council’s view that the proposal is

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fundamentally in accord with policy HP3 of the UDP. The development therefore does not undermine or conflict with the UDP.

13. I note the concerns raised about the layout, appearance and landscaping of the development, nevertheless these matters are reserved for later determination. I also note the concerns about the means of drainage from the site in relation to foul and surface water. Natural Resources Wales (NRW) indicate that there is inadequate information whether the porosity tests satisfy the British Standard but say that any approval should include a condition for a scheme of drainage to be agreed with the Council, and that the appellants may require a permit to discharge clean water to watercourses and the ground. In the light of this advice such matters should be controlled by planning condition prior to any work commencing on the proposed development.

14. NRW has not raised an issue concerning flooding, and neither has the Council. I note the concern about the location of the trial drainage pits, and the possibility of other septic tanks in the application site, although the appellants dispute this point. Nevertheless, a condition can be imposed to control the intensity, flow and rate of surface water discharge and agree the appropriate method of foul water drainage in consultation with NRW and the Council’s drainage department in any subsequent reserved matters application.

15. The proposal includes the provision of one affordable dwelling as part of the development. Interested parties are critical that the provision would not meet or qualify for local need affordable housing. However, in the absence of any adverse comment from the Council on the issue, the mechanism to secure tenure, and qualifying occupants and long-term control would be through the imposition of a planning condition.

16. Circular 13/97 indicates that if there is a choice between imposing conditions and entering into a planning obligation the use of a condition is preferred. Nevertheless, planning conditions and planning obligations may be used on rural exceptions sites having regard to the advice contained in paragraph 12.2 of Planning Policy Wales Technical Advice Note 2 (TAN 2): Planning and Affordable Housing. This site would be regarded as an exceptions site for the purposes of ensuring the delivery of an affordable dwelling given that it lies outside the settlement boundary.

17. The size and layout of the affordable dwelling would be a matter for the reserved matters application and in principle the provision of affordable housing is acceptable to meet the identified need. I can therefore give weight to the planning obligation because it meets the tests of Regulations 122(2) of the Community Infrastructure Levy Regulations 2010. It would be a matter for the appellants to decide whether the unilateral undertaking should be binding since the Council is not a party to it, but in any event, the planning condition binds the appellants to the delivery of the affordable dwelling.

18. Other matters include the importance of the hedgerow along the eastern boundary of the appeal site. However, the Council has determined it not to be a hedge of such importance as to qualify for a hedgerow retention notice to be served.

19. Church Barn is a listed building and lies to the south-west of the appeal site. This matter was not raised by the Council, but I shall consider it, since it has been raised by interested parties. The heritage significance is reported to be its group value because of its association with St Mary’s Church. Church Barn has been converted to

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residential use and Bryn Meadow Cottage built alongside it. The setting of Church Barn and the Church has been altered and somewhat already diminished overtime by residential properties being built alongside them. The setting of Church Barn may well extend into the appeal site although its present curtilage is defined by the hedgerow boundaries. Residential development on the appeal site may limit the view, dominance and presence of Church Barn to some degree, but its significance due to its association with the Church has not and would be unaffected by the proposed development. Given that layout is a reserved matter the degree of impact on the setting would be a matter for the reserved matters application. In my view, the setting of Church Barn would not be significantly or adversely affected by the appeal development.

20. I have considered all other matters raised including the issue of privacy, biodiversity and the lack of public amenities and facilities. The village has limited public amenities but the Council has indicated that the location of the site would be appropriate for development being on the edge of the village and in my view would also support to sustain the rural community, which is part of national planning policy. NRW and the County Ecologist do not object to the development having regard to the submitted Ecological Assessment. Issues relating to concern about privacy would be determined by the layout, appearance and scale of the development under the reserved matters application.

21. I conclude that the proposal is acceptable on highway matters and the planning balance is in favour of allowing the appeal having regard to the considerable weight attributed to the significant shortfall in housing land supply in the County, and the pressing need to increase supply, and that the site is on the edge of the village being a logical adjunct to the settlement.

Schedule of conditions

22. I have considered the appellants suggested list of conditions, although I do not have an equivalent list from the Council. I do not consider that draft conditions 5, 7 and 9 are necessary since these matters would be determined by the layout, landscaping and appearance details the subject of a reserved matters application. I have added a condition on foul drainage having regard to my observations on the matter above. I have modified draft condition 4 to align with the circular model condition on surface water management. Condition 8 includes the requirements of the ecological report which incorporates the lighting scheme to be agreed as set out in draft condition 11. I have made minor alterations to other conditions and I have included conditions on road widening and a footpath link as measures that would overcome the concerns raised on highway safety.

23. Conditions 1-3 are standard outline conditions. Conditions 4, 5 and 10 are needed in the interests of highway safety. Conditions 6 and 7 are needed to ensure adequate provision of foul and surface water drainage in the interests of the environment and the living conditions of residents. Condition 8 is needed to safeguard protected species and biodiversity. Condition 9 is needed to ensure the implementation of the landscaping scheme which would form part of the reserved matters application. Condition 11 is needed in the interests of the living conditions of nearby residents. Condition 12 is needed to ensure that the affordable housing provided is delivered in accordance with UDP Policy HP5 and Planning Policy Wales Technical Advice Note 2: Planning and Affordable Housing.

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1) Details of the access, appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved. 2) Any application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission. 3) The development shall begin either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. 4) The reserved matters application shall include details of any road widening and footway to be provided with the access including the timing of construction of the base course and final wearing course and details of verge treatment. The development shall be carried out in accordance with the approved details. 5) The reserved matters application shall include details of the footpath link as shown on drawing number SU010/11 including the timing of construction and details of final wearing course and any boundary treatment. The development shall be carried out in accordance with the approved details. 6) No dwelling shall be occupied until surface water drainage works have been implemented in accordance with details that have been submitted to and approved in writing by the local planning authority. Before these details are submitted, an assessment shall be carried out of the site potential for disposing of surface water by means of a sustainable drainage system, and the results of the assessment provided to the local planning authority. Where a sustainable drainage scheme is to be provided, the submitted details shall: i) provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; ii) include a period for its implementation; and iii) provide a management and maintenance plan of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. 7) No development shall commence until details of a scheme for the disposal of foul water has been submitted to and agreed in writing by the local planning authority. The scheme shall be implemented in accordance with the approved details prior to the occupation of any of the dwellings and retained in perpetuity. 8) No development shall take place until details of an ecology method statement - biodiversity enhancement plan, lighting scheme, including a timetable for implementation have been submitted to and approved in writing by the local planning authority in accordance with the recommendations contained in Churton Ecology (S0230551) October 2014. The development shall be carried out in accordance with the approved ecology method statement and implementation timetable. 9) 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

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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. 10) Prior to the occupation of any individual dwelling provision shall be made within the curtilage of that dwelling for the parking of not more than 1 car parking space per bedroom including any garage space provided and provision for vehicles to turn so that they may enter and leave the site in forward gear and that space shall thereafter be kept available for the parking of vehicles in perpetuity. 11) Any works relating to the construction of the development shall not take place outside the following hours: Mon-Fri 0800-2000 and Saturdays 0800-1300 with no working on Sundays and Bank Holidays. 12) Prior to commencement of development the development shall not begin until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the local planning authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex B of TAN 2 or any future guidance that replaces it. The scheme shall include: i) the numbers, type, tenure and location on the site of the affordable housing provision to be made which shall consist of not less than 1 housing unit; ii) the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing; iii) the arrangements for the transfer of the affordable housing to an affordable housing provider or the management of the affordable housing; iv) the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and v) the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced. Iwan Lloyd

INSPECTOR

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