Planning, Taxi Licensing and Rights of Way Committee Report Application

Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2016/0786 Grid Ref: 316849.78 236996.2

Community Gwernyfed Valid Date: Officer: Council: 28/07/2016 Tamsin Law

Applicant: Mr & Mrs ID & KM Griffiths, Pipton Farm, Three Cocks, Brecon, Powys, LD3 0SH

Location: Land at Three Cocks,Brecon, Powys, LD3 0SD

Proposal: Outline: Erection of residential and commercial development including 39 dwellings (indicative) including affordable housing and associated infrastructure

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 The site subject to this application is located adjacent to the Three Cocks development boundary, therefore for the purposes of the Powys Unitary Development Plan (UDP) is defined as open countryside. The site does however form part of a mixed use allocation within the emerging Local Development Plan (LDP) for commercial and residential.

The site is located on an irregular shaped parcel of land bound to the north by a neighbouring dwelling and an area of open space, to the east by an area of agricultural land, to the south by the A4078 which leads to Talgarth and to the west by the A438. The existing dwellings in Three Cocks comprise a mix of detached and semi-detached two-storey and single storey dwellings.

Consent is sought in outline for the erection of a mixed use scheme comprising a commercial and residential development on a parcel of land measuring 3.76 hectares. The residential element will comprise thirty-nine dwellings including affordable housing. All matters have been reserved for future consideration.

Consultee Response

Gwernyfed CC Please find below the comments of Gwernyfed Communicty Council in relation to the above proposed development:

The Community Council had no basic objections to the development; however, there are three areas of concern:  That the development site housing units would be sold off in small allocations, therefore negating the requirement to provide social affordable housing.  That the current sewerage and water treatment works at Three Cocks is already overloaded and would not be able to cope with the additional waste that would be produced.  That the additional industrial unit must be provided in order to satisfy this element of the proposed use of land.

Powys Highways The existing access from the A4078 was improved as part of a previous planning permission (05/0038) and includes a right turn lane which is appropriate for the scale of development proposed. The site also benefits from an existing consent (12/1185) for industrial development; the Highway Authority therefore has no objection to the principle of the development.

Pedestrian provision within the development is generally satisfactory, however suitable pedestrian links to the village and bus stop to the north west would encourage more sustainable travel which would be supported. The proposed pedestrian link from the industrial area as shown is remote from the site, has no natural surveillance and would not therefore be appropriate. The proposed footway link to the bus stop facility alongside the A438 is shown between plots 37-38; whilst the provision of such a link is supported the link would appear to conflict with the plot layouts and parking. The proposed footpath to the north of the site boundary fails to link with the existing combined cycleway/footpath alongside the A438 which in turn provides a link to the village and its amenities. It is also noted that much of the proposed link is outside of the application site; it may therefore be more appropriate to realign the footpath at the site boundary and connect to the existing footpath/cycle path alongside the A438. This will provide a contiguous link back towards the village and its amenities.

The proposed road geometry and road widths shown on the general layout drawing are in line with PCC design standards and would therefore in principle appear satisfactory, however the general turning head dimensions and radius provision detailed are smaller than those normally specified. Their suitability will therefore need to be verified with appropriate “tracking/swept path” data for both areas of the development or the turning provision will need to be revised to meet current standards. Internal junction visibility spays need to be detailed along with all radii.

In addition to the above the applicant will need to provide the following detail as part of any subsequent planning application:-

1. Highway drainage provision. 2. Detailed parking schedule in line with CSS Wales Parking Standards. 3. Traffic calming proposals to complement the requisite 20mph Zone requirements. 4. Long and cross sectional drawings.

Finally I would recommend that the following conditions be attached to any consent granted.

HC9 Prior to the occupation of the development, provision shall be made within the curtilage of each dwelling/unit for the parking of vehicles in line with CSS Wales 2008 Parking Standards. The parking areas shall be retained for their designated use in perpetuity.

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

HC11 Within 5 days from the commencement of the development provision shall be made within the curtilage of the site for the parking of all construction vehicles together with a vehicle turning area. This parking and turning area shall be constructed to a depth of 0.3 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.

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 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.

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.

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

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.

Sewage Treatment:

The proposed development would overload the Waste Water Treatment Works. No improvements are planned within Dwr Cymru Welsh Water's Capital Investment Programme. We consider any development prior to improvements being made to be premature and therefore object to the development.

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

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

Powys Environmental Health Thank you for your emailed letter dated the 28/7/16. The following conditions are recommended.

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

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

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

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

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

Informatives

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

In order to comply with Condition 1 the scheme should comply with the guidance found in BS 5228 – ‘Code of Practice for Noise and Vibration Control on Construction and Open Sites’.

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

It is Government policy that, where practical, foul drainage should be discharged to the mains sewer. If this is not possible and the applicant proposes to install a sewage treatment plant then subject to a consent being obtained from NRW for the sewage discharge to a watercourse then there would be no objection.

However if the sewage treatment plant is to discharge to a drainage field or should a septic tank be utilised then prior to any planning permission being granted the applicant/agent should submit percolation test results in order to demonstrate that the ground conditions are suitable for the foul drainage soakaway. This should be carried out in accordance with document H2 of the Building Regulations.

In addition, Welsh Government has advised that, all septic tanks and small sewage treatment plant discharges in Wales will need to be registered with Natural Resources Wales. More information, including a step by step guide to registering can be found at the following link – http://www.naturalresources.wales/media/2879/septic-tank-registration-guidance.pdf?lang=en

Powys Contaminated Land In relation to Planning Application P/2016/0786 the following advice is provided for the consideration of Development Control.

Advice Historic ordnance survey (OS) maps identify that a former ammunitions dump may have occupied part of the Northern boundary of the application site. The area of the application site formerly occupied by the ammunition dump may potentially be affected by land contamination.

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

Based on the above, it is recommended that the following Condition and Note to the applicant are attached to any permission granted for Planning Application P/2016/0786:

Potential Contamination In the event that contamination is encountered at any time when undertaking the approved development immediate contact must be made with the Local Planning Authority.

The development must not proceed until an investigation and risk assessment has been undertaken, by a qualified and experienced environmental consultant, and where remediation is necessary a Remediation Strategy must be prepared, which is subject to the approval in writing of the Local Planning Authority.

Following completion of the remedial works identified in the approved Remediation Strategy a Verification Report that demonstrates compliance with the agreed remediation objectives must be produced by a qualified and experienced environmental consultant, and is subject to the approval in writing of the Local Planning Authority, prior to commencement of use of the development.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors [in accordance with policy ____ of the adopted Local Plan (date)].

Note to Applicant

Potential Contamination: The Council’s guidance leaflet on the development of sites with potential land contamination is attached. Further advice on compliance with this condition may be obtained by contacting the Environmental Health Service on 0870 1923757.

Powys Rights of Way Countryside Services objects to the proposed development. A Public Right of Way shown on the Definitive map is present, the proposals indicate no plan for the incorporation or legal diversion of this route.

Countryside Services believes a Public Path Order made by applicant in consultation with us would be the preferred option and would welcome discussion with the applicant or agent.

Powys Ecologist

Cadw Thank you for your email of 28 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 application area is located some 730m to the west of scheduled monument BR029 Pipton Long Barrow; 700m south-south-west of scheduled monument BR159 Gwernyfed park camp and 1200m east of scheduled monument BR193 Garden earthworks at Old Gwernyfed; however, the intervening topography, existing vegetation and extant structures are likely to block all views to the development area from the monuments and therefore it is unlikely that the proposed development will have any impact on the settings of the above scheduled monuments.

The application area is also located some 435m southwest of the boundary of the registered historic park and garden of Gwernyfed Park. However, the current registered area of the park is only part of the historic park which extended to the park wall only some 20m to the north of the application area. We have therefore considered the impact of the proposed development on the whole park and not just the registered part, but note that historically a line of trees was planted beside the park wall in order to enclose the southern end of the park. These trees (or successors) still survive and provide a significant screen to any views from the historic area of the park to the development. In our opinion, the proposed development will not have an impact on the setting of registered historic park and garden of Gwernyfed Park.

The application area is located inside the registered Middle Wye Valley landscape of special historic interest and more specifically inside the Historic Landscape Character Area (HCLA) of Gwernyfed. The key characteristics of this HCLA are that it is a lowlying and gently-sloping landscape with former medieval deer park and hunting lodge, remains of formal Renaissance gardens and manor house, and 19th-century landscape park and country house. The proposed development will not have an impact on any of these key characteristics and therefore, in OUR opinion, it will have no more than a local impact.

Welsh Historic Gardens Trust No response received by Development Management at the time of writing this report.

NRW 1st Response Received

Thank you for referring the above consultation received by us on 27th July 2016

We note the location that has been submitted for consideration in the Powys Local Development Plan (LDP). However, as the LDP has not yet been adopted the candidate sites will not necessarily be carried forward as development sites.

If any of the details submitted with this outline planning application are amended (e.g. the proposed drainage arrangements) at the reserved matters stage the Local Planning Authority may be required to re-consult NRW.

We recommend that that you should only grant planning permission if the scheme can meet the following requirements and you attach the conditions 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.

Summary of Requirements & Conditions

Requirement 1 - clarification of oak tree removal or retention and suitable survey, mitigation and licensing if it is to be removed.

Requirement 2 - a scheme to dispose of surface water must be submitted to and approved in writing by your Authority

Condition 1 - The site layout is to be in accordance with the submitted Proposed Site Layout Drawing (Ref: 1400/PLN/001)

Protected Species – Bats We have considered the Phase 1 / Preliminary Ecological Appraisal Survey by Europaeus Land Management Services (July 2015) by Stephen West. We find the report to be satisfactory for the purpose of determining the application and agree with recommendation 4.4 in respect of bats and the removal of the oak tree.

If the oak tree is proposed for removal a bat survey will be required and section felling needed to minimise risk of harming bats if present. The requirement for a license will depend on the survey results.

Requirement 1 – clarification of oak tree removal or retention and suitable survey, mitigation and licensing if it is to be removed.

Reason – To mitigated possible impact on bats, a European protected species

River Wye SAC

The River Wye Special Are of conservation is located 225m away from the proposal on the other side of the A438. The nearest watercourse with connectivity to the SAC is located approximately 45m away beyond the boundary of the development site. We advise that a suitable drainage strategy needs to be in place to prevent any possible pollution pathway into the SAC.

We recommend that a condition is imposed to ensure that a scheme to dispose of surface water is submitted to and approved in writing by your Authority, to ensure effective management of surface water run-off resulting from the proposed development. As they fulfil the role of Lead Local Flood Authority, we recommend that you contact your Drainage Department for further advice in relation to this. We advise that any proposed scheme should ensure that run-off from the proposed development is reduced or will not exceed existing runoff rates. Details of adoption and management should also be submitted to ensure that the scheme/systems remain effective for the lifetime of the development.

Requirement 2 - a scheme to dispose of surface water must be submitted to and approved in writing by your Authority

Reason - to ensure effective management of surface water run-off resulting from the proposed development and to prevent any possible pollution pathway into the River Wye SAC.

Flood Risk

The red line of the development site partially overlaps with the C2 flood zone as defined by the Development Advice Maps (DAM) referred to under TAN15 Development and Flood Risk (July 2004).

As detailed in the submitted Design and Access Statement (ab planning, July 2016), all built development is to be located outside DAM Zone C2 and the northern site area will be retained as open space and footpaths. No information on flood depths and velocities within this area is included, however vehicle access to the site from the main road is shown to remain flood-free in all conditions. Given the proposed use of the site area within Zone C2 (and the existing public footpath within this area) we consider the risk could be acceptable subject to the developer being made aware of the potential flood risks.

We recommend that the following condition is included in any permission;

Condition 1 - The site layout is to be in accordance with the submitted Proposed Site Layout Drawing (Ref: 1400/PLN/001)

Reason- To ensure all highly vulnerable development is located outside DAM Zone C2 in accordance with the requirements of TAN15.

Land Contamination

We note that the housing site is partially composed of brownfield land. Natural Resources Wales considers that the controlled waters at this site are not of the highest environmental sensitivity; therefore we will not be providing detailed site-specific advice or comments with regards to land contamination issues for this site.

A preliminary risk assessment has not been submitted and so we have no understanding as to whether contamination exists at this site or not. In line with the advice given in Planning Policy Wales, we understand that the Authority must decide whether to obtain such information prior to determining the application or as a condition of the permission. We recommend the Authority refers to its own environmental advisors.

Foul Drainage

The Design and Access Statement does not give any details for foul or surface water drainage proposals. We only agree to developments involving sewage effluent, trade effluent or other contaminated discharges to ground if we are satisfied that it is not reasonable to make a connection to public sewer. Our records indicate that the development is in close proximity to the sewer catchment therefore we would expect foul drainage to be discharged to mains sewer.

We would advise that the foul drainage for the housing is connected to the Dwr Cymru / Welsh Water main sewer foul line serving the village of Aberllynfi/Three Cocks.

When connecting to the public sewerage system, Welsh Water / Dwr Cymru should be consulted on the proposals and be requested to confirm that the sewerage and sewage disposal system serving the development has sufficient capacity to accommodate the additional flows generated as a result of the development. This is to ensure that the development does not cause pollution of the water environment or potential deterioration in the Water Framework Directive classification.

If you wish to discharge treated sewage or trade effluent into a surface water or to ground you may require an Environmental Permit from us. In some cases you may be able to register an exemption. Further information is available on our website. The granting of planning permission does not guarantee a permit under the Environmental Permitting Regulations 2010.

Wherever practicable, Sustainable Urban Drainage Systems (SUDS) should be incorporated into the design with the reserved matters application.

Landscape - Middle Wye Valley Landscape of Special Historic Interest.

The proposal is located within the Middle Wye Valley Landscape of Special Historic Interest. The effect of land use change from fields to residential development strategically represents a minor change to the Landscapes of Special Historic Interest. We therefore do not object to the proposal, but strongly recommend particular thought be given to the character and appearance of the development along key frontages to ensure that it makes a positive contribution to the rural character of the historic landscape and avoid eroding local landscape/ townscape character and sense of place. This is to ensure that the development’s response to Character fully accords with TAN12 Design.

The proposed outline development layout is conventional in the way they set out a regular pattern of houses to maximise the number of plots within the site, adjusted in places where trees/hedgerows need to be retained. Along site frontages this approach will result in uniformity of built form and this will be most apparent where frontages are long, facing open countryside and public highways. From the A438 the site will form a new gateway to the settlement of Aberllynfi/Three Cocks

There is therefore a need for some attention and sensitivity to the built form, spaces between, retention of existing hedgerows and trees and inclusion of new strategic planting to ensure these developments connect to and make a positive contribution to their landscape/townscape context. The implications of not addressing this is that the character and sense of place of Aberllynfi/Three Cocks and the adjacent rural landscapes will become eroded.

The Design and Access Statement does not fully address the character and context issues of the site and needs to specifically present a landscape and townscape strategy. Based upon analysis of key views, existing characteristics and features, how development would sit and be experienced within its landscape/ townscape context to help demonstrate that measures have been included to achieve good integration, place making, and positive contribution to the locality. The approach taken addresses the landscape features of the site (trees and hedgerows) but fails to consider the wider visual context of the development.

We attach landscape design guidance in Appendix A which we recommend Powys County Council consider in its review of its residential site allocations.

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.

2nd Response Received In our letter we required clarification about the oak tree prior to determination and made it clear that bat surveys would be required if the tree were to be felled. The tree report that you sent also recommends that ecological surveys should have been conducted prior to the felling of the tree. Our position remains the same as stated previously although it is no longer possible to survey the tree for bats.

3rd Response Received Thank you, we have no further comments.

Representations The application was advertised through the erection of a site notice and press advertisement, one objection has been received and is summarised below;

 Concerns raised over the amount of housing proposed.  Concerned over the positioning of the housing association homes close to the neighbours boundary which will encroach on privacy and devalue the neighbouring property.  Concerns over the location of the footpath and would like to see a privacy bund erected.  Consideration should be given to re-siting the housing association dwellings further away from neighbouring boundary.  Concerns raised regarding drainage.

Planning History B/07/0155 – New industrial unit and vehicular access. Conditional Consent. B/05/0038 - Change of use of agricultural land to site for industrial development & site for relocation of existing trailer & agricultural implement sales & repair business (presently at Talgarth) B/07/0296 - Reserved Matters application for proposed trailer, agricultural machine and implement & accessory sales, storage and repair buildings and business. Conditional Consent. P/2012/1185 - Variation of condition 2 of planning permission B/07/0155 to extend the duration of consent. Conditional Consent.

Principal Planning Constraints Pipeline buffer Nat Floodzone 3 Nat FloodZone 2 Historic Landscapes Register

Principal Planning Policies

National Planning Policy

Planning Policy Wales (Edition 9, 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 18 - Transport (2007) TAN 23 – Economic Development (2014)

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 HP6 - Dwellings in the Open Countryside UDP EC1 – Business, Industry and Commercial Developments UDP EC3 – Protection of employment sites UDP EC4 – Local employment sites within or adjoining settlements UDP DC10 - Mains Sewage Treatment UDP DC11 - Non-mains Sewage Treatment UDP DC13 - Surface Water Drainage UDP DC8 - Public Water Supply UDP DC9 - Protection of Water Resources UDP DC15 – Development on Unstable or Contaminated Land UDP ENV 1 - Agricultural Land UDP ENV 2 - Safeguarding the Landscape UDP ENV 3 - Safeguarding Biodiversity & Natural Habitats UDP ENV 7 - Protected Species UDP ENV16 – Landscapes, Parks and Gardens of Special Historic Interest UDP ENV17 – Ancient Monuments and Archaeological Sites UDP RL6 – Rights of Way and Access to the Countryside UDP TR2 – Tourist Attractions and Development Areas

Powys Residentail 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

Principle of Development

For the purposes of the Powys Unitary Development Plan, the site subject to this application lies within the open countryside. On this basis, the proposal constitutes a departure from the adopted Powys Unitary Development Plan.

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

The Powys JHLAS (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. Officers acknowledge that a number of departures have recently been justified and permitted on the grounds of housing land supply. Whilst it is accepted that these permissions will contribute to the supply of housing, based upon current evidence, the housing land supply within Powys remains below the 5 year supply as required by planning policy. As such, Members are advised that considerable weight needs to be given to this undersupply in considering proposals for new residential development as exceptions to normal housing policies.

In considering the proposed development, Members are asked to consider whether this location is regarded as a sustainable location for new residential development. Although located in the open countryside, the site adjoins the settlement development boundary of Three Cocks (defined as a Key Settlement within the UDP). Three Cocks benefits from a number of services such as garage/petrol station, garden centre, high school and public house along with an Industrial Estate. Three Cocks also benefits from public transport which provides access to other larger settlements such as Brecon and Hay on Wye. Given the noted proximity, future occupiers would have good access to existing facilities and amenities and also connections to further services and the wider area through public transport services.

Whilst the proposed commercial units and office are located outside the settlement development boundary of Three Cocks and not on an allocated site for employment, the site does benefit from planning permission for commercial development and the residential element is currently used as an agricultural and machinery engineering and sale business. Policy EC3 also seeks to protect those existing employment sites and those sites with planning permission for employment development. As such it is considered that the principle of development is compliant with policies EC1 and EC3.

Appearance, Layout and Style

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

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

UDP policy EC1 (Business, Industrial and Commercial Developments) indicates that development proposals will only be permitted where proposals do 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. Policy EC5 states that proposals for the limited expansion, extension or environmental improvement of existing employment sites and buildings will be permitted, where the development complies with the relevant criteria in policy EC1.

The indicative site layout details the commercial units being located to the east of the site. The area of the proposed housing is currently and operational and busy commercial agricultural and machinery engineering and sale business. The proposal moves the existing open commercial site away from the existing dwelling adjoining the site and proposed three units. The indicative layout also details a large amount of landscaping which will soften the impact of the proposed development and provide an improved environment over and above the existing commercial enterprise at the site.

Although Officers acknowledge that matters relating to appearance, layout and scale have been reserved for future consideration, on the basis of the plans provided, it is considered that the application site is capable of accommodating the commercial buildings without unacceptably adversely affecting the character and appearance of the area or amenities enjoyed by occupants of neighbouring properties compliant with UDP policies SP5, GP1, GP3, ENV2, EC1 and EC5.

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.

Initial consultation with the Highway Authority confirmed that there was no objection in principle to the proposed development. As this is an outline application with all matters reserved, it is not considered appropriate to place any highway conditions on any grant of consent. This is because it is considered that they should be included on any subsequent Reserved Matters approval.

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.

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.

Concerns have been expressed by a neighbouring dwelling that the development may impact on their privacy. Whilst details relating to design and appearance are reserved for future consideration, Officers consider that the amenities of neighbouring properties can be safeguarded through sensitive design and siting which will be reviewed appropriately by Development Management in considering any future application for the approval of reserved matters.

Following consultation with Environmental Health no objection has been received in relation to its impact on neighbour amenity provided that conditions are attached to any consent securing a Construction Method Statement and restricting the hours of construction.

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.

Heritage

Policies ENV16 and ENV17 of the UDP state that development which would unacceptably affect the site or setting of a scheduled ancient monument or unacceptable adversely affect the character or appearance of a historic park or garden or historic landscape will not be permitted.

The application area is located approximately 730m to the west of scheduled monument BR029 Pipton Long Barrow; 700m south-south-west of scheduled monument BR159 Gwernyfed park camp and 1200m east of scheduled monument BR193 Garden earthworks at Old Gwernyfed. The site is also located approximately 435m southwest of the boundary of the registered historic park and garden of Gwernyfed Park and forms part of the Middle Wye Valley landscape of special historic interest.

Following this consultation response Cadw have confirmed that they have no objection to the proposed development in light of the existing landscaping surrounding the site and the general topography of the surrounding land.

In light of the above observations, Development Management considers the proposed development to be in accordance with policy ENV16 and ENV17 of the Powys UDP in respect of residential amenity.

Biodiversity

The application was accompanied by a Preliminary Ecological Assessment which involved a Phase 1 habitat survey of the site. Following consultation with both Natural Resources Wales (NRW) and Powys Ecology concerns were raised over the retention of an isolated mature oak tree on site. It was recommended that the tree be retained as it could provide suitable habitat for bats. However during the application process a tree survey was submitted detailing that the tree was dying and unsafe. An ecological report was undertaken in support of the removal of the tree. Following consultation with NRW on the ecological report and tree survey no further information was required.

Whilst the proposed development lies approximately 250 metres from The Afon Gwy SAC the Powys Ecologist has concluded that it would not be affected by the proposal and therefore a HRA is not required.

Natural Resources Wales were also consulted and have offered no objection to the proposed development subject to conditions being attached to any consent subject to a condition requiring the submission and implementation of a scheme to dispose of surface water.

In light of the above observations, Development Management considers the proposed development to be in accordance with the relevant policies of the Powys UDP in respect to biodiversity.

Sewerage

Policy DC10 (Mains Sewerage Treatment) requires that development are adequately served by the public foul sewerage system. Following consultation with Welsh Water an objection has been received stating that the development would overload the Waste Water Treatment Works (WWTW).

Following this objection a meeting and discussion have been held with Welsh Water and the applicant to address the issues at the site. Feasibility work is being undertaken to seek a solution to the current problem at the WWTW in Three Cocks. These discussions are still on going. Whilst Welsh Water object to the proposed development it is considered that a condition can be attached to any consent requiring that no development works can commence until details of connection to the public foul sewerage system has been submitted to and approved. The applicant is aware that the implementation of the any upgrade works by Welsh Water is likely to require a financial contribution.

Flood Risk

The red outline of the proposed development abuts the C2 flood zone as defined by the Development Advice Maps (DAM). TAN 15 states that highly vulnerable development should not be permitted within a C2 flood zone.

The development site will be located wholly outside the C2 flood zone with the area in the flood zone identified within the same ownership as the development site. Whilst NRW have requested that the a condition be attached to any consent requiring the development to be in accordance with the proposed site layout plan, as this is an outline application the layout of the development will be secured during reserved matters stage.

In light of the above observations, Development Management considers the proposed development to be in accordance with the relevant policies of the Powys UDP and TAN15 in respect to flood risk.

Rights of Way

The application site is crossed by two public rights of way which lead through the site. Following consultation with the Powys Public Rights of Way department an objection was received on the basis that the proposal indicates no plan for the incorporation or legal diversion of these routes.

Whilst the concerns raised by Rights of Way are appreciated the current application is in outline with all matters reserved. The layout provided as part of the application is indicative and at Reserved Matters stage the applicant will need to produce a layout that incorporates that right of way.

Affordable Dwellings:

Latest evidence produced to support the Local Development Plan indicated that a development providing 30% affordable housing would still be viable. Development Managements current stance is that unless a viability assessment indicates otherwise, 30% should be provided. A condition has been attached to secure the appropriate level of affordable housing.

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 is considered to outweigh the plan and therefore justifies the grant of consent as an exception to normal housing policies. The recommendation is therefore one of conditional approval subject to conditions.

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 and Access Statement and Phase 1/Preliminary Ecological Survey) and plans (Site Location Plan/Ownership Plan and Proposed Site Layout) received 28th July 2016 and stamped as approved.

5. 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 30% of housing units/bed spaces; 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 (if no RSL involved)]; 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.

6. Prior to the commencement of development a phasing scheme for the provision of housing, affordable housing and the employment land shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in strict accordance with the approved scheme.

7. Upon the submission of the reserved matters referred to in conditions 1 and 2, a scheme for the provision of on-site recreational facilities shall be submitted to and approved in writing of the Local Planning Authority. The scheme shall accord with the Fields in Trust Standards and shall also involve arrangements for the long term management of the area together with the timing of construction and completion in relation to the housing units hereby permitted. The scheme shall be implemented in accordance with the agreed details.

8. No development shall commence until a scheme for the connection with the public foul sewerage system has been submitted to and approved in writing by the Local Planning Authority. Thereafter the scheme shall be implemented in accordance with the approved details prior to the first beneficial use of the development.

9. Prior to the commencement of development a Construction Method Statement, to include details of the control of noise and dust during the landscaping and construction phase, shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in strict accordance with the approved details.

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

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

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

11. Prior to the first beneficial use of the development hereby permitted a scheme for the management of noise (to include operating and opening hours) shall be submitted to and approved in writing by the Local Planning Authority. Development thereafter shall be carried out in accordance with the approved details.

12. Prior to the commencement of development a scheme for the disposal of surface water shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the scheme shall be implemented in accordance with the approved details prior to the first beneficial use of the development.

13. The recommendations (page 15 &16 of the extended phase 1 habitat and ecological survey report by Europaeus Land Management Services (July 2016)) regarding habitat features and habitat enhancement shall be adhered to and implemented in full unless otherwise agreed in writing by the Local Planning Authority.

14. Prior to commencement of development, a detailed Ecological Enhancement Plan, Lighting Plan and Landscaping Plan shall be submitted to the Local Planning Authority and implemented as approved and maintained thereafter unless otherwise agreed in writing with the Local Planning Authority.

15. The recommendations regarding bats identified in 4 of the Ecological Report by Europaeus Land Management Services (July 2016) shall be adhered to and implemented in full unless otherwise agreed in writing by the Local Planning Authority.

16. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

17. In the event that contamination is encountered at any time when undertaking the approved development immediate contact must be made with the Local Planning Authority. The development must not proceed until an investigation and risk assessment has been undertaken, by a qualified and experienced environmental consultant, and where remediation is necessary a Remediation Strategy must be prepared, which is subject to the approval in writing of the Local Planning Authority.

18. Following completion of the remedial works identified in the approved Remediation Strategy a Verification Report that demonstrates compliance with the agreed remediation objectives must be produced by a qualified and experienced environmental consultant, and is subject to the approval in writing of the Local Planning Authority, prior to commencement of use of the development.

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 secure affordable housing in accordance with policy HP7 of the Powys Unitary Development Plan (2010) and TAN2: Planning and Affordable Housing (2006). 6. In order to ensure that the affordable housing and employment elements of the development are delivered in accordance with Planning Policy Wales (9th Edition, 2016). 7. In order to secure adequate amenity space in accordance with policy GP1 of the Powys Unitary Development Plan (2010). 8. 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 in accordance with Policy DC10 of the Powys Unitary Development Plan (2010). 9. To safeguard the amenity of residents in line with policy GP1 of the Powys Unitary Development Plan (2010). 10. To safeguard the amenity of residents in line with policy GP1 of the Powys Unitary Development Plan (2010). 11. To safeguard the amenity of residents in line with policy GP1 of the Powys Unitary Development Plan (2010). 12. In order to ensure adequate land drainage is provided in line with policy DC13 of the Powys Unitary Development Plan (2010). 13. 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 9, 2016), TAN 5: Nature Conservation and Planning and the Environment (Wales) Act 2016. 14. 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 9, 2016), TAN 5: Nature Conservation and Planning and the Environment (Wales) Act 2016. 15. 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 9, 2016), TAN 5: Nature Conservation and Planning and the Environment (Wales) Act 2016. 16. To ensure that the application site is adequately landscaped in the interests of the character and appearance of the area, in accordance with policies GP1, ENV2, ENV7 and EC1 of the Unitary Development Plan (2010). 17. 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). 18. 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).

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

In order to comply with Condition 1 the scheme should comply with the guidance found in BS 5228 – ‘Code of Practice for Noise and Vibration Control on Construction and Open Sites’.

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

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