1 Planning, Taxi Licensing and Rights of Way Committee Report Application No: P/2015/1147 Grid Ref: 319643.44 279641.47 Communit

Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2015/1147 Grid Ref: 319643.44 279641.47

Community Beguildy Valid Date: Officer: Council: 10/12/2015 Eddie Hrustanovic

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

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

Application Application for Outline Planning Permission Type:

The reason for Committee determination

Part of the application site is owned by Powys County Council.

Site Location and Description

The proposal is for the demolition of the former Beguildy Church in Wales School and construction of 10 detached dwellings including improvements to the access and visibility splays. The school was closed on the 31st August 2013.

The application is submitted in outline with access to be considered at outline stage. The submitted plan notes that the access would be gained off the B4355 highway linking Knighton and Newtown, while the estate road will be constructed to adoptable standard with adequate parking and turning area within. The indicative layout also details a public/outdoor recreation area. The application site has an area of 0.76 hectares.

The site borders the former Police House to the south east, River Teme to the north, open fields to the east, and B4555 county highway.

Consultee Response

Beguildy Community Council

Members discussed this issue at length and finally agreed because of the need for parking to recommend approval of this application subject to the concern of the nearest plot to the river and the erosion thereof and also for the developers to scrap plot 6 and move plot 9/10 to this area and use the original 9/10 plots for car parking. Is there an assumption that all ten dwellings will be served by the existing septic tank which served the primary school? Although this is only an application for outline planning, is it worth questioning the planners at this stage as to whether that will be adequate for the ten dwellings?

PCC – Highways

1st response (19/02/2016)

This application should be refused. A development of ten dwellings requires an access road which meets Powys County Council’s adoptable standards. As detailed access visibility is incorrectly shown in a south easterly direction to the opposite side of the class II carriageway and is therefore totally unacceptable. It is also questionable whether 70 metres or 90 metres are adequate splays given there is no data provided as to the traffic speeds experienced on this stretch of highway. Furthermore, the alignment of the footway and access across the frontage appears to follow a line mirroring the opposite verge causing an unacceptable bow in the class II carriageway alignment. The access to plot 10 is much too close to the junction and is likely to lead to sudden stopping on the class II road as entry to the site is blocked by reversing vehicles. Footways should be provided along all the residentially developed frontage and the turning head should also have either footway or service verge around its entirety. Finally, surface water drainage proposals are also required at this stage to ensure, once built, adequate drainage can be achieved. Until such time as these issues are addressed I consider the proposal represents a hazard to highway safety.

2nd response (09/03/2016)

I refer to the additional plan KI 4832 5B which you provided on 23rd February. I wish to withdraw my recommendation of refusal but would make the following observations, some of which will require minor amendments as the scheme progresses.

I was surprised to see the inclusion of the car park and trust there will be information on the portal as some point to explain its appearance. It does not, however, cause the Highways Authority any concern.

· I consider the access to the car park should not be formed with radius kerbs but crossed by the footway to the estate, thereby offering priority to pedestrians. · The turning head is 0.5m short on each spur to meet the appropriate standard for the refuse lorry. · Although the visibility to the south east has been shown as 130m, the tangential splay to ensure no part of the highway is hidden behind the splay will also have to be provided. This would be the equivalent of a 70m splay in addition to that already shown. · The proposal for surface water discharge is acknowledged but it will be necessary to secure a discharge licence before such a scheme can be implemented. · The surface water run between plots 3 & 4 will require a 6.0m easement in favour of the Highways Authority in order that necessary maintenance can be carried out. It would be preferable that this drainage run be in sterile land but an easement is an option. · The use of soakaways for yard and roof drainage will need to be supported by evidence that the land is suitable. This is not required at this time but will be essential as reserved matters are submitted.

I therefore recommend inclusion of the following conditions on any permission granted for this proposal.

HC1 Prior to the occupation of the dwellings 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.

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 70 metres distant in a north westerly direction and 130m distant in a south easterly direction measured from the centre of the access along the edge of the adjoining carriageway and 2.4 metres distant from the edge of the adjoining carriageway and 70 metres distant in a south easterly direction. Nothing shall be planted, erected or allowed to grow on the area(s) of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction for as long as the development hereby permitted remains in existence.

HC7 Within 5 days from the commencement of the development the area of the access to be used by vehicles is to be constructed to a minimum of 410mm depth, comprising a minimum of 250mm of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 20.0 metres from the edge of the adjoining carriageway. Any use of alternative materials is to be agreed in writing by the Local Planning Authority prior to the access being constructed

HC9 Prior to the occupation of the dwellings, provision shall be made within the curtilage of the site for the parking of not less than 1 cars per bedroom excluding any garage space provided in accordance with CSS Wales 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.

HC12 The width of the access carriageway, constructed as Condition HC7 above, shall be not less than 5.0 metres and shall be maintained at this width for as long as the development remains in existence.

HC13 Prior to the occupation of the development a radius of 10.0 metres shall be provided from the carriageway of the county highway on each side of the access to the development site and shall be maintained for as long as the development remains in existence.

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.

HC21 Prior to the occupation of the dwellings the area of the access to be used by vehicles is to be finished in a 40mm bituminous surface course for a distance of 20.0 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.

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.

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.

I trust this allows you to progress the application.

3rd response (15/03/2016)

All seems fine on the revised drawings. The conditions included with my last email should be included on any permission granted.

Wales and West Utilities

No reply received

PCC - Affordable Housing Officer

I am happy with the application as long as the following guidelines are adhered to:

• All Affordable units will have to be constructed to Welsh Government Design Quality Requirements which include all of the Lifetime Homes and Secured by Design Standards. • All units will have to meet the floor areas specified in Powys County Council’s Affordable Housing Supplementary Planning Guidance. • The Design Quality Requirements will be those current at the time of the detailed planning application. • All completed Affordable units that are being sold must reflect local incomes to the local area and shall be bound by the Affordable Housing policies as detailed in the Affordable Housing for Local Needs Supplementary Guidance sections HP7, HP8 or HP9 sites.

PCC - Ecologist

Ecological Topic Observations Click here to enter text. EIA Screening No Requirement

A bat survey & method statement by Ecology Services (October 2015) has been supplied with the application. I am satisfied that the assessment has been carried out in line with Powys County Council’s bat survey guidelines.

The survey concludes that no evidence of bats was found and that the building to be demolished offers very limited opportunities for roosting bats. However, I agree that the ☒ European Species work should follow the method statement outlined in the

report including incorporating bat roosting opportunities in the new buildings through provisions of bat boxes etc.

The ecology report notes that there is no reason to believe that the proposed development would lead to any significant impact on any other European protected species.

A single active house martin nest was observed on the southern side of the building during the course of the daytime Protected survey. Should demolition of the building be carried out Species & during the nesting season, an ecologist must confirm that Habitats1 nesting birds are absent before the demolition work can take place. If nesting birds are found to be present, the demolition works around the nest must be postponed until all broods have fledged the nest (confirmed via subsequent UK Species ☒ survey/check by ecologist). I recommend that nesting boxes and nesting cups (for house martins) are incorporated into the new development, as detailed in section 5 of the ecology report (Ecology Service, October 2015).

The ecology report notes that there is no reason to believe that the proposed development would lead to any significant impact on any other UK protected species

Various bird species are included on the Section 42 list. See ☒ Sect. 42 Species & UK species above. Habitat

House martin and various other bird species are include in LBAP Species & ☒ Powys LBAP, therefore it is recommended that opportunities Habitat are created for nesting birds within the new development,

1 Species records within 1km (minimum). Change distance dependant on project type, scale, etc. 5

see UK species above.

None International Sites ☐ (within 2km)2

River Teme SSSI is located directly north‐east of the application site. River Teme SSSI is of special interest as a representative, near‐natural and biologically‐rich river type associated with sandstone and mudstones, and it is important Protected National Sites (within ☒ that the development does not have an impact on this special Sites 500m)3 site. I recommend that a pollution prevention plan is produced and supplied to the LPA for approval prior to commencement of development. See recommended conditions below. None Local Sites (within ☐ 500m)

Invasive Non‐ Click here to enter text. Native No Species Click here to enter text. Cumulative No Effect

Click here to enter text. Summary of recommendations / further assessment or work

Should you be minded to approve this application, I recommend the inclusion of the following conditions:

1. The recommendations regarding bats and birds identified in section 5 of the Ecological Report by Ecology Services dated October, 2015 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 and ENV7 in relation to The Natural Recommended Conditions Environment and to meet the requirements of Planning Policy Wales (Edition 7, July 2014), TAN 5: Nature Conservation and Planning and the NERC Act 2006.

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.

2 Identify International designated site within 2km of the proposals. Consider International sites within 15km of proposals with bats as qualifying features, and 10km with otters as qualifying features if the proposal is likely to affect these features. 3 Any designated sites within 500m of the proposal, extending to 2km dependant on features of interest i.e. wetlands (Powys LDP) 6

Reason: To comply with Powys County Council’s UDP Policies ENV3 and ENV5 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 NERC Act 2006.

ENV 3: Safeguarding Biodiversity and Natural Habitats ENV 5: Nationally Important Sites Relevant UDP Policies ENV 7: Protected Species SP3 – Natural, Historic and Built Heritage

PCC - Land Drainage

No reply received

Natural Resources Wales

1st response (06/07/2016)

Thank you for referring the above consultation received by us on 31st May 2016.

We have significant concerns with the proposed development as submitted.

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

Summary of Requirements

Requirement 1 - Foul Drainage Assessment to justify connection to existing septic tank. Requirement 2 - Pollution Prevention Plan

Foul Drainage

From the block plan and description it appears that it is proposed to direct foul drainage for the 10 dwellings to the existing septic tank. The site lies within a publicly sewered area. The use of private sewage treatment facilities within publicly sewered areas is not considered environmentally acceptable. We are therefore opposed to such facilities unless the developer can demonstrate that it is not reasonable to connect to the public system. We would normally only consider it unreasonable if the water company presents an objection, however lack of capacity in mains sewer provision is not considered reasonable and we may refuse a private discharge permit in this instance.

Requirement 1 - Foul Drainage Assessment to justify connection to existing septic tank.

We note that no “Foul Drainage Assessment” has been submitted with the application. Welsh Office Circular 10/99 (DETR Circular 03/99) advises that planning applications involving proposed non-mains foul drainage should be accompanied by a Foul Drainage Assessment. The assessment is designed to give Local Planning Authorities and statutory

consultees, such as NRW, sufficient information to enable them to determine these planning applications. The WO Circular also sets out a hierarchy when considering the options for dealing with non-mains sewerage. NRW’s preferred option would be for the foul drainage to go to foul sewer. Where this is not an option, then the hierarchy in the circular should be followed.

Pollution Prevention Guidelines 4 (PPG4) http://www.netregs.org.uk/pdf/PPG%204%20- %20July%202006.pdf advises that septic tanks or other package sewage treatment plants of any sort must not be located in an area at risk of flooding or erosion

Should it be demonstrated that septic tank is the most appropriate and acceptable system, then the applicant should be advised that it is likely that a permit to discharge treated sewage effluent from this development into a surface water or to ground will be required from Natural Resources Wales. Applications can be made online through the NRW website or contact us for an Environmental Permit application form and further details on 0300 0653000.

Please note that the granting of planning permission does not guarantee the granting of a permit under the Environmental Permitting Regulations 2010. A permit will only be granted where the risk to the environment is acceptable.

River Teme SSSI

We note that the site abuts a steep bank down to the river and that the bank lies within the SSSI. There is no information the current riverbank integrity is and how it may change over the lifetime of the development. Please be advised that any proposal to stabilise the bank in future would require consent from Natural Resources Wales and that such a consent may not be given unless it could be shown that it would not have a significant impact on the River Teme SSSI.

Pollution Prevention

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

Requirement 2 – Pollution Prevention Plan

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

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

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

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

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

The site is in the vicinity of the River Teme SSSI. Should any contaminated water or materials enter or pollute the watercourse or groundwater, Natural Resources Wales must be notified on 0800 80 70 60.

European Protected Species – Bats

Bats and their breeding sites and resting places are protected under the Conservation of Habitats and Species Regulations 2010 (as amended).

We note that the bat report submitted in support of the above application (Bat Survey and Method Statement (October 2015) by Ecology Services makes recommendations and we concur with the conclusions in section 6.

In this case, the bat report concludes that the proposal is not likely to harm or disturb the bats or their breeding sites and resting places at this site. As the development represents a lower risk for bats in this case, we do not consider that the development is likely to be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in its natural range. Therefore, we do not object to the proposal.

This advice applies to the proposal in its present form. If the plans are changed in ways that may harm or disturb the bats or their breeding sites and resting places at this site, you would need consult us again.

Flood Risk

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

In the absence of a FCA, we have assessed the accuracy of the generalized flood map in this area and it is considered fit for purpose, namely informing the national flood map. The flood extent would therefore indicate that there is significant freeboard between theoretical flood level and existing ground level. We therefore have no objections in relation to direct flood risk from the adjacent River Teme. The Lead Local Flood Authority is the appropriate body to provide further comment.

Land Contamination

A preliminary risk assessment has not been submitted and so we have no understanding as to whether contamination exists at this site or not as a result of previous activities. 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.

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 (15/08/2016)

Thank you for the further information received on 31st July 2016. I reviewed the issues with the relevant internal consultees and as our original response contained an error, a new response is issued herewith, this replaces the response that was previously issued on 6th July 2016.

We recommend that you should only grant planning permission for the scheme if it can meet the following requirements, to address significant concerns that we have identified. Provided these requirements are met and the condition is attached, we would not object to the scheme.

Summary of Requirements Requirement 1 – A condition requiring submission and implementation of a Pollution Prevention Plan Requirement 2 - The new sewage treatment plant will require a permit, we require that suitability for a permit is ascertained prior to determination.

Pollution Prevention As the development site is near the River Teme SSSI a pollution prevention plan should be created and implemented. Requirement 1 – A condition requiring submission and implementation of a Pollution Prevention Plan Condition – Prior to commencement of development, the applicant will submit a pollution prevention plan to the satisfaction of the LPA. Reason – prevention of pollution during and post construction of the development

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

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

Foul Drainage The applicant has clarified that the existing septic tank will be updated to a bio-disc private sewage treatment plant (STW). Our previous letter 6th July 2016CAS-19587-L9N4 erroneously stated that the area was served by a foul sewer. Due to the location close to the River Teme SSSI the sewage treatment plant will require a permit and we recommend that the applicant seek pre- application advice from the Natural Resources Management team and Permitting team to ascertain the suitability of the site for a permitted sewage treatment plant.

The granting of planning permission does not guarantee the granting of a permit under the Environmental Permitting Regulations 2010. A permit will only be granted where the risk to the environment is acceptable. The NRW permitting team will require plans for the private sewage treatment system and its specifications. We will require a detailed map showing the location of the discharge whether this is to ground of surface water and confirmation of the number of bedrooms for the entire development. The permitting team may require a site visit to make a full assessment.

Requirement 1 of our previous letter 6th July 2016CAS-19587-L9N4 is now amended to; Requirement 2: The new sewage treatment plant will require a permit, we require that suitability for a permit is ascertained prior to determination.

Applications for permit can be made online through the NRW website or contact us for an Environmental Permit application form and further details on 0300 0653000.

River Teme SSSI

On the existing site plan KI 4832 (2) the boundary of the school grounds are delineated by a hedge. On the indicative site layout KI 4832 (5) the boundaries of the gardens for plots 3 and 4 extend beyond the current hedge that surrounds the school, taking these property areas nearer to the river. We understand that there is a strip of land between the edge of these plots and the river that is not in the ownership of the developer and is within the SSSI. The edge of the red line of the development boundary is contiguous with the boundary of the SSSI.

The River Teme SSSI is a protected and dynamic environment. There is a possibility that house owners could experience future problems with stability of the river bank that may impact on their garden area. Any proposal to stabilise the bank in future would require consent from Natural Resources Wales and such consent may not be given unless it could be shown that it would not have a significant impact on the River Teme SSSI.

European Protected Species – Bats

Bats and their breeding sites and resting places are protected under the Conservation of Habitats and Species Regulations 2010 (as amended).

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. We note that the bat report submitted in support of the above application (Bat Survey and Method Statement (October 2015) by Ecology Services makes recommendations and we concur with the conclusions in section 6.

Flood Risk

In the absence of a FCA, we have assessed the accuracy of the generalized flood map in this area and it is considered fit for purpose, namely informing the national flood map. The flood

extent would therefore indicate that there is significant freeboard between theoretical flood level and existing ground level. We therefore have no objections in relation to direct flood risk from the adjacent River Teme. The Lead Local Flood Authority is the appropriate body to provide further comment.

Land Contamination

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).

Welsh Water

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

SEWERAGE

As the applicant intends utilising a septic tank facility we would advise that the applicant contacts Natural Resources Wales who may have an input in the regulation of this method of drainage disposal. However, should circumstances change and a connection to the public sewerage system/public sewerage treatment works is preferred we must be re-consulted on this application.

WATER SUPPLY

The proposed development is crossed by a trunk/distribution watermain, the approximate position being shown on the attached plan. Dwr Cymru Welsh Water as Statutory Undertaker has statutory powers to access our apparatus at all times. I enclose our Conditions for Development near Watermain(s). It may be possible for this watermain to be diverted under Section 185 of the Water Industry Act 1991, the cost of which will be re-charged to the developer. The developer must consult Dwr Cymru Welsh Water before any development commences on site. As the applicant intends utilising a septic tank facility we would advise that the applicant contacts Natural Resources Wales who may have an input in the regulation of this method of drainage disposal.

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

Disability Powys

No reply received

PCC - Schools Services

No reply received

PCC - Outdoor Leisure and Recreation

Outdoor Recreation does not have any local assets near to the proposed development and would suggest a section 106 contribution to be offered to local community council.

Representations

None received

Planning History

No recent planning history.

Principal Planning Constraints

B4555 County Highway River Teme (SSSI)

Principal Planning Policies

National Policy

Planning Policy Wales (2016) Technical Advice Note (TAN) 1: Joint Housing Land Availability Studies (2015) Technical Advice Note (TAN) 2: Planning and Affordable Housing (2006) Technical Advice Note (TAN) 5: Nature Conservation and Planning (2009) Technical Advice Note (TAN) 12: Design (2014) Technical Advice Note (TAN) 18: Transport (2007) Technical Advice Note 23: Economic Development (2014) Welsh Government Practice Guidance: Planning for Sustainable Buildings (2014)

Local Planning Policies and Guidance

Powys Unitary Development Plan Written Statement (2010): UDP GP1 - Development Control UDP GP2 – Planning Obligations

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 Development UDP HP7 – Affordable Housing within Settlements UDP HP10 – Affordability Criteria UDP HP14 – Sustainable Housing UDP HP15 – Lifetime and Mobility Homes UDP DC11 – Non Mains Sewage Treatment UDP DC13 – Surface Water Drainage UDP ENV3 – Safeguarding Biodiversity and Natural Habitats UDP ENV5 – Nationally Important Sites UDP ENV7 – Protected Species UDP TR2 – Tourist Attractions UDP SP1 – Social, Community and Cultural Sustainability UDP SP3 – Natural, Historic and Built Heritage UDP SP5 – Housing Developments UDP RP10 – Neighbourhood and Village Shops and Services UDP CS2 – Protecting Existing Community Facilities and Services

Powys Residential Design Guide (2004) Affordable Housing for Local Needs Supplementary Planning Guidance (SPG) (2011)

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

The site subject to this application is located within the settlement development limits of Beguildy as defined by the Powys Unitary Development Plan (inset map R41) and it is considered that there is a presumption in favour of appropriate residential developments in accordance with policy HP5 which states the following:

POLICY HP5 - RESIDENTIAL DEVELOPMENTS

PROPOSALS FOR RESIDENTIAL DEVELOPMENT ON ALLOCATED SITES, AS SHOWN ON THE INSET MAPS, AND ON OTHER APPROPRIATE SITES WITHIN THE

DEVELOPMENT LIMITS OF SETTLEMENTS WILL BE PERMITTED PROVIDING THAT THE DEVELOPMENT COMPLIES WITH THE FOLLOWING CRITERIA:

1. ON ALLOCATED SITES FOR 5 OR MORE HOUSES, A PROPORTION OF AFFORDABLE HOUSING IS PROVIDED IN ACCORDANCE WITH POLICY HP7.

2. THE PROPOSED DEVELOPMENT SHALL BE OF A SCALE, FORM AND DESIGN AND GENERAL CHARACTER, TO REFLECT THE OVERALL CHARACTER AND APPEARANCE OF THE SETTLEMENT AND SURROUNDING AREA.

3. THE PROPOSED DEVELOPMENT WOULD NOT LEAD TO THE LOSS OF LAND ALLOCATED FOR OTHER PURPOSES WITHIN THE UDP.

4. THE PROPOSAL WILL NOT CREATE UNACCEPTABLE SAFETY, ACCESS, SERVICE, ENVIRONMENTAL OR AMENITY PROBLEMS.

It is noted that the site currently has a D1 use class designation with the site having formerly been used as a school. It is noted that UDP Policy CS2 generally resits the loss of community facilities unless it can be demonstrated that premises are no longer appropriate or required for community use. The application has been accompanied by a statement from the applicants’ agent who outlines the reasons for the development as the School has been closed down by Powys County Council in 2013 and the site is currently on the market.

Affordable housing provision

Policy HP7 requires that on sites within settlement development limits for more than 5 dwellings, that a proportion of affordable housing will be sought based on the extent and type of need identified by the Council’s Housing need survey (2002) or other reliable and robust data sources.

The applicant has offered to provide on-site provision of four affordable dwellings in this instance. This equates to a 40% provision which is considered to be acceptable. A condition is recommended to be attached to restrict the floor space of the dwellings to that set out within the UDP (130 square metres) as well as removing permitted development rights.

Sustainability of the Site

It is considered that Beguildy is a sustainable location for the scale of development proposed. This it is based it on the following:

 The village contains general store/Post Office, St. Michaels and All Angels Church, and a Public House.

 The site is located approximately 7.5km from Knighton which has a variety of facilities.

In a Powys context this is considered a relatively sustainable location.

Housing land supply

The Powys Joint Housing Land Availability Study (JHLAS) 2016 states 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

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 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.

Design, layout and impact upon surrounding area – landscape and visual impacts

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 the reserved matters stage, it is relevant to consider whether the number of dwellings proposed could be appropriately developed on the site.

The indicative layout and scale indicates ten dwellings sited off the adoptable and private road together with outdoor recreation area. The layout demonstrates that the site can accommodate ten dwellings. The immediate surrounding properties consist of a mixture of one and two storey detached properties with a mixed palette of materials; including brick and render. Therefore, the proposed scale of two storeys is not considered to be out of character with the locality.

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 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 former School use, taking into account the location in close proximity to the cluster of existing dwellings along County highway, 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 ten dwellings is considered to reflect the character of the development that has occurred along the highway at the village. 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 neighbour amenity

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. The Powys Residential Design Guide provides guidance on overshadowing and privacy.

An indicative layout plan accompanies the application which is considered to demonstrate that the application site is capable of accommodating 10 dwellings together with associated highway and amenity provision whilst safeguarding the amenities enjoyed by occupants of neighbouring properties.

Highway Infrastructure and Safety

Policy GP4 requires adequate highway provision in terms of a safe access, visibility, turning and parking. Details of the proposed access have been submitted and form part of current consideration. Access to the application site will be provided via existing access off the B4555 road, whilst parking and turning provision will be provided within the site boundary.

Following the receipt of amended plans Powys Highways Department as highway authority for the County highway has confirmed that there are no objections to the proposed development subject to conditions.

It is considered that the proposed development would be served with an adequate means of access. The proposal is therefore considered to comply with UDP policy GP4.

Impact on biodiversity and suitability of landscaping

Bats and their breeding sites and resting places are protected under the Conservation of Habitats and Species Regulations 2010 (as amended). Paragraph 6.3.7 of Technical Advice Note 5: Nature Conservation and Planning (TAN5) states that 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.

NRW in this case confirms that the bat survey & method statement by Ecology Services (October 2015) concludes that the proposal is not likely to harm or disturb the bats or their breeding sites and resting places at this site. As the development represents a lower risk for bats in this case, and as such NRW do not consider that the development is likely to be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in its natural range. Therefore, NRW do not object to the proposal.

The County Ecologist confirms that River Teme SSSI is located directly north-east of the application site and it is of special interest as a representative, near-natural and biologically- rich river type associated with sandstone and mudstones, and it is important that the development does not have an impact on this special site. It is recommended that a pollution prevention plan is produced and supplied for approval prior to commencement of development.

NRW notes that on the existing site plan the boundary of the school grounds are delineated by a hedge. On the indicative site layout plan the boundaries of the gardens for plots 3 and 4

extend beyond the current hedge that surrounds the school, taking these property areas nearer to the river. NRW understand that there is a strip of land between the edge of these plots and the river that is not in the ownership of the developer and is within the SSSI. The edge of the red line of the development boundary is contiguous with the boundary of the SSSI. NRW further notes that there is a possibility that house owners could experience future problems with stability of the river bank that may impact on their garden area. Any proposal to stabilise the bank in future would require consent from Natural Resources Wales and such consent may not be given unless it could be shown that it would not have a significant impact on the River Teme SSSI.

Having taken the above into account it considered that, subject to conditions, the ecological impacts of the proposed development are considered acceptable and are therefore in accordance with relevant planning policy.

Foul and Surface Water Disposal

The existing septic tank is situated to the north of the site, within a locked compound, however the applicant is proposing that the existing system will be upgraded to a Bio-Disc treatment plant. The existing outfall is via soakaways almost directly to the river to the north of the site, the proposed biodisc outfall is to be to the river as well, with a brick headwall detail as required (to be agreed at a reserved matters stage).

The applicant confirms that a permission will be applied for, for the change in discharge amount and type (from Natural Resources Wales), however as the current system is likely to be dated, and not performing 100% it is expected that the new system will result in much improved, and reduce the impact on the local environment and ecology.

It is noted that the site is brownfield land, the majority of which is covered in impermeable surfaces. The proposed scheme proposes to reduce the amount of impermeable surfaces and therefore allow for a slower runoff rate than that which is currently experienced.

Powys Environmental Health has confirmed that due to the location close to the River Teme SSSI the sewage treatment plant will require a permit from NRW which have not objected to this method and have recommend that the applicant seek pre-application advice from the Natural Resources Management team and Permitting team to ascertain the suitability of the site for a permitted sewage treatment plant. Suitable worded condition has been included to that respect.

Outdoor Recreation Requirement

Comments received from Outdoor Recreation Services are acknowledged and noted, however it is important to note that the application does include a provision of outdoor recreation area as required by Powys UDP Policy RL2, and as such the Authority is not in position to request suggested financial contribution as well.

Therefore, Development Management considers that the proposed development complies with the provisions of UDP Policy RL2.

Development and flood risk

Officers and NRW note that the developments site boundary is outside DAM C2 of the Development Advice Maps referred to under TAN15 Development and Flood Risk (2004). Therefore NRW confirms that there are no objections in relation to direct flood risk from the adjacent River Teme. Surface water runoff will be discharged to soakaways where feasible. Where soakaways are not feasible, surface water will be discharged to the River Teme at a controlled rate.

Section 106 Agreement

Development Management is in discussions with Legal Services regarding the mechanism for securing the affordable housing, given Powys County Councils ownership of part of the land. It is hoped that this will be clarified within the update report.

RECOMMENDATION

The recommendation is one of conditional consent subject to a legal agreement securing affordable housing (four dwellings) and the provision of the appropriate amenity space provision, maintenance and retention. It is also recommended that a time limit of two months is given for the legal agreement to be completed and in the event that it is not concluded within such time period, delegation is given to the Professional Lead for Development Management, in consultation with the Chair and Vice Chair, to refuse the application, unless satisfied that the delay is unavoidable and that there is sufficient evidence to conclude that the matter will be concluded within a further reasonable time period.

Conditions:

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

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

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

4. 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. Prior to the occupation of the dwellings 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.

7. Within 5 days from the commencement of the development the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 70 metres distant in a north westerly direction and 130m distant in a south easterly direction measured from the centre of the access along the edge of the adjoining carriageway and 2.4 metres distant from the edge of the adjoining carriageway and 70 metres distant in a south easterly direction. Nothing shall be planted, erected or allowed to grow on the area(s) of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction for as long as the development hereby permitted remains in existence.

8. Within 5 days from the commencement of the development the area of the access to be used by vehicles is to be constructed to a minimum of 410mm depth, comprising a minimum of 250mm of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 20.0 metres from the edge of the adjoining carriageway. Any use of alternative materials is to be agreed in writing by the Local Planning Authority prior to the access being constructed.

9. Prior to the occupation of the dwellings, provision shall be made within the curtilage of the site for the parking of not less than 1 car per bedroom excluding any garage space provided in accordance with CSS Wales Parking Standards. The parking areas shall be retained for their designated use in perpetuity.

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

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

12. The width of the access carriageway, constructed as Condition HC7 above, shall be not less than 5.0 metres and shall be maintained at this width for as long as the development remains in existence.

13. Prior to the occupation of the development a radius of 10.0 metres shall be provided from the carriageway of the county highway on each side of the access to the development site and shall be maintained for as long as the development remains in existence.

14. No building shall be occupied before the estate road carriageway and one footway are 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.

15. The estate road carriageway and all footways shall be fully completed, to a standard 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.

16. Prior to the occupation of the dwellings the area of the access to be used by vehicles is to be finished in a 40mm bituminous surface course for a distance of 20 metres from the edge of the adjoining carriageway.

17. Upon formation of the visibility splays as detailed in Condition 4 the centreline of any new or relocated hedge should be positioned not less than 1.0 metre to the rear of the visibility splay and retained in this position as long as the development remains in existence.

18. 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.

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

20. The recommendations regarding bats and birds identified in section 5 of the Ecological Report by Ecology Services dated October, 2015 shall be adhered to and implemented in full unless otherwise agreed in writing by the LPA.

21. 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.

22. Prior to the installation of a replacement bio disc sewage disposal system the applicant shall obtain a necessary discharge permit from NRW.

23. 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.

24. 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.

25. All landscape works shall be carried out in accordance with the details approved at the reserved matters stage. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority.

Reasons

1. To enable the Local Planning Authority to exercise proper control over the development in accordance with Section 92 of the Town and Country Planning Act 1990. 2. Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 3. Required to be imposed by Section 92 of the Town and Country Planning Act 1990. 4. In order to identify the affordable residential unit, in accordance with Policy HP7 of the Unitary Development Plan (2010). 5. In order to ensure the provision of affordable housing in accordance with Policy HP7 of the Powys Unitary Development Plan (2010) and the Affordable Housing for Local Needs Supplementary Planning Guidance (2011). 6. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 7. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 8. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 9. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 10. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 11. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 12. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 13. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 14. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 15. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 16. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 17. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 18. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 19. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 20. To comply with Powys County Council's UDP Policies SP3 and ENV7 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (2016), TAN 5: Nature Conservation and Planning and the NERC Act 2006. 21. To comply with Powys County Council's UDP Policies ENV3 and ENV5 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (2016) TAN 5: Nature Conservation and Planning and the NERC Act 2006. 22. 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 (2016), TAN 5: Nature Conservation and Planning and the NERC Act 2006.

23. In order to ensure that the dwellings serve an affordable need in perpetuity in accordance with the Affordable Housing for Local Needs Supplementary Planning Guidance (SPG) (July 2011), Policies HP7 and HP10 of the Powys Unitary Development Plan (2010) and Planning Policy Wales (2016). 24. 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 Councils Residential Design Guide. 25. To ensure a satisfactory and well planned development and to preserve and enhance the quality of the natural environment, visual amenity and privacy in accordance with Policies GP1, ENV2, ENV3 and SP3 of the Powys Unitary Development Plan (2010), Technical Advice Note 5: Nature Conservation and Planning (2009) and Planning Policy Wales (Edition 8, 2016).

______Case Officer: Eddie Hrustanovic- Swyddog Cynllunio / Planning Officer Tel: 01938 551231 E-mail:[email protected]