Powys Unitary Development Plan

2001 - 2016

Written Statement Adopted March 2010

UDPWS-3-10163-2010-bi

Foreword

I am very pleased to introduce the Powys Unitary Development Plan which was formally adopted by Powys County Council on March 1st 2010.

Powys is the largest County in Wales and is renowned for its natural landscape beauty, architecture, communities and sense of place characterised by its many market towns and picturesque villages. Powys County Council is well aware of its duty to safeguard these qualities while at the same time facilitating appropriate developments that meet housing, employment and community needs. It is crucial that such development is effectively planned to attain sustainable growth and promote economic and community regeneration whilst also conserving our environment and culture.

This Plan provides an opportunity to achieve these aims by guiding development up to the year 2016. It replaces the former structure and local plans and will be the basis for determining planning applications, indicating where certain types of development will or will not be permitted. The Plan allocates the number of new dwellings required and the amount of employment land needed to cater for additional jobs as well as providing advice on design and the need for the conservation of sensitive environments and historic buildings.

County Councillor Wynne Jones Portfolio holder for Regeneration & Development, Powys County Council

Powys County Council UDP 2001-2016 Adopted March 2010

The Powys Unitary Development Plan comprises three documents:

1. The Written Statement 2. Proposals and Inset Maps for

Brecknockshire and Radnorshire 3. Proposals and Inset Maps for Montgomeryshire

This is document 1 – The Written Statement

Disclaimer

This published version of the adopted Powys Unitary Development Plan (UDP) 2010 is based upon the Deposit Draft UDP 2004 and includes all approved modifications to the UDP since 2004. In addition, some factual updating amendments have been made where considered appropriate.

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1. Introduction 6 The Unitary Development Plan System 6 The Form of The Unitary Development Plan 7 Current Development Plans in Powys 7 The New Unitary Development Plan 7 The Contents of the Two Parts of the Unitary Development Plan 8

2. Part One 9 Context of The Powys Unitary Development Plan 10 Sustainable Development 15 Powys Unitary Development Plan Strategy 17 Sustainable Growth Strategy for Powys 18 Strategic Part One Policies 24 UDP SP1 – Social, Community and Cultural Sustainability 24 UDP SP2 – Strategic Settlement Hierarchy 24 UDP SP3 – Natural, Historic and Built Heritage 25 UDP SP4 – Economic and Employment Developments 25 UDP SP5 – Housing Developments 25 UDP SP6 – Development and Transport 26 UDP SP7 – Retail Developments, Leisure and other Town Centre uses 26 UDP SP8 – Tourism Developments 26 UDP SP9 – Local Community Services and Facilities 27 UDP SP10 – Minerals Developments 27 UDP SP11 – Waste Management 27 UDP SP12 – Energy Conservation and Generation 28 UDP SP13 – Utilities / Service Infrastructure 28 UDP SP14 – Development in Flood Risk Areas 28

Part Two 29 3. Generic Policies 30 Introduction 30 POLICY GP1 – Development Control 30 POLICY GP2 – Planning Obligations 32 POLICY GP3 – Design and Energy Conservation 34 POLICY GP4 – Highway and Parking Requirements 35 POLICY GP5 – Welsh Language and Culture 38 POLICY GP6 – Conversion of Buildings in the Countryside 41 4. Environment 43 Introduction and Part One Justification 43 POLICY ENV 1: Agricultural Land 44 POLICY ENV 2: Safeguarding the Landscape 44 POLICY ENV 3: Safeguarding Biodiversity and Natural Habitats 46 POLICY ENV 4: Internationally Important Sites 47 POLICY ENV 5: Nationally Important Sites 48 POLICY ENV 6: Sites of Regional and Local Importance 49 POLICY ENV 7: Protected Species 49 POLICY ENV 8: Tree Preservation Orders 50 POLICY ENV 9: Woodland Planting 51 POLICY ENV 10: Conservation Area Enhancement and Town Schemes 53

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POLICY ENV 11: Development in Conservation Areas 53 POLICY ENV 12: Permitted Development in Conservation Areas 54 POLICY ENV 13: Demolition in Conservation Areas 55 POLICY ENV 14: Listed Buildings 55 POLICY ENV 15: Demolition of Listed Buildings 56 POLICY ENV 16: Landscapes, Parks and Gardens of Special Historic 57 Interest POLICY ENV 17: Ancient Monuments and Archaeological Sites 57 POLICY ENV 18: Development Proposals Affecting Archaeological Sites 58 POLICY ENV 19: Amenity Open Spaces 58 5. Housing 59 Introduction and Part One Justification 59 POLICY HP1: Shire Housing Allocations 64 POLICY HP2: Lapsed Permissions 69 POLICY HP3: Housing Land Availability 70 POLICY HP4: Settlement Development Boundaries and Capacities 71 POLICY HP5: Residential Developments 72 POLICY HP6: Dwellings in the Open Countryside 73 POLICY HP7: Affordable Housing within Settlements 75 POLICY HP8: Affordable Housing Adjoining Settlements with 75 Development Boundaries POLICY HP9: Affordable Housing in Rural Settlements 76 POLICY HP10: Affordability Criteria 77 POLICY HP11: Replacement of Habitable Dwellings 78 POLICY HP12: Renovation of Former/Abandoned Dwellings 79 POLICY HP13: Subdivision of Dwellings 80 POLICY HP14: Sustainable Housing 82 POLICY HP15: Lifetime and Mobility Homes 83 POLICY HP16: House Extensions 84 POLICY HP17: Backland Development 85 POLICY HP18: Supported Accommodation and Residential Care 85 Provision POLICY HP19: Temporary Residential Caravans, Chalets and Mobile 86 Homes POLICY HP20: Gypsy Caravan Sites 87 6. Economy 88 Introduction and Part One Justification 88 POLICY EC1: Business, Industrial and Commercial Developments 95 POLICY EC2: Business Sites Hierarchy 96 POLICY EC3: Protection of Employment Sites 98 POLICY EC4: Local Employment Sites Within or Adjoining Settlements 98 POLICY EC5: Expansion of Existing Employment Sites 99 POLICY EC6: Working from Home 99 POLICY EC7: Farm / Forestry Diversification for Employment Purposes in 100 the Open Countryside POLICY EC8: Strategic Meat Processing Site 101 POLICY EC9: Agricultural Development 102 POLICY EC10: Intensive Livestock Units 103 7. Retail & Commerce 104 Introduction and Part One Justification 104

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POLICY RP1: Retail Centre Hierarchy 107 POLICY RP2: Attractive Town Centres 108 POLICY RP3: Town Centre Retail Development 109 POLICY RP4: Office and Commercial Development 109 POLICY RP5: Living Over the Shop 110 POLICY RP6: Large Retail Developments 112 POLICY RP7: Bulky (Non-Food) Goods 112 POLICY RP8: Town Centre Redevelopment Opportunities 113 POLICY RP9: Retail Markets 113 POLICY RP10: Neighbourhood and Village Shops and Services 114 POLICY RP11: Ancillary Retailing from Non-Retailing Sites 115 8. Transport 116 Introduction and Part One Justification 116 POLICY T1: Highway Improvement Schemes 119 POLICY T2: Traffic Management 120 POLICY T3: Transport Assessments and Travel Plans 121 POLICY T4: Transport User Hierarchy 121 POLICY T5: New Public Parking Facilities 122 POLICY T6: Walking and Cycling 123 POLICY T7: Community Transport Initiatives 123 POLICY T8: Bus Provision 124 POLICY T9: Taxis and Private Hire Cars 124 POLICY T10: Rail Facilities and Operations 125 POLICY T11: Road and Rail Freight Interchanges 125 POLICY T12: Transport Interchanges 126 POLICY T13: Montgomeryshire Airport 128 9. Tourism 127 Introduction and Part One Justification 127 POLICY TR1: New Tourism Developments 129 POLICY TR2: Tourist Attractions and Development Areas 130 POLICY TR3: Serviced Visitor Accommodation 131 POLICY TR3A: Existing Hotels 132 POLICY TR4: Self-Catering Visitor Accommodation 133 POLICY TR5: Farm Tourism 134 POLICY TR6: Holiday Static Caravan Sites 135 POLICY TR7: Touring Caravan and Camping Sites 136 POLICY TR8: Holiday Chalet and Cabin Developments 136 POLICY TR9: All Weather Facilities and Holiday Villages 137 POLICY TR10: Visitor Facilities 138 POLICY TR11: Canal Restoration and Related Developments 140 POLICY TR12: Canal Moorings and Associated Development 141 POLICY TR13: Canalside Visitor Accommodation and Facilities 142 POLICY TR14: Other Canal Related Development 143 10. Recreation and Leisure 144 Introduction and Part One Justification 144 POLICY RL1: Protection of Existing Outdoor Playing Space 146 POLICY RL2: Provision of Outdoor Playing and Recreation Space 147 POLICY RL3: Leisure, Recreation and Arts Facilities 148 POLICY RL4: Outdoor Activity and Pony Trekking Centres 149 POLICY RL5: Golf 151

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POLICY RL6: Rights of Way and Access to the Countryside 152 POLICY RL7: Long Distance Rights of Way 153 POLICY RL8: Water Based Recreation 154 POLICY RL9: The Safeguarding of Allotments 155 11. Community Services 156 Introduction and Part One Justification 156 POLICY CS1: Land Safeguarded for Community Facilities 157 POLICY CS2: Protecting Existing Community Facilities and Services 157 POLICY CS3: Additional Demand for Community Facilities 158 POLICY CS4: Shared Use of Educational Premises for Community 159 Purposes POLICY CS5: Educational Developments 159 POLICY CS6: Health Care Development 160 12. Energy 161 Introduction and Part One Justification 161 POLICY E1: Large Scale “Thermal” Power Stations 163 POLICY E2: Smaller Scale “Thermal” Power Units 165 POLICY E3: Wind Power 166 POLICY E4: Removal of Redundant Wind Turbines 167 POLICY E5: Off-Site Works 167 POLICY E6: Hydro Power 168 POLICY E7: Solar Technologies 169 13. Minerals and Waste 170 Introduction and Part One Justification 171 POLICY MW1: Mining and Waste Disposal 172 POLICY MW2: Hard Rock Reserves 175 POLICY MW3: Safeguarding of High PSV Hard Rock Resources North of 176 Garth POLICY MW4: Safeguarding at Buttington Brickworks 178 POLICY MW5: Restoration of Aggregate and Building Stone Extraction 179 Sites POLICY MW6: Borrow Pits 180 POLICY MW6A: Coal Extraction 182 POLICY MW7: Reworking of Mineral Spoil 183 POLICY MW8: Blasting 184 POLICY MW9: Peat Extraction 185 POLICY MW10: Additional Waste Transfer Stations 188 POLICY MW11: Construction and Demolition Waste Management 189 Facilities, Central (WINDROW) Composting and Other Similar Waste Management Operations POLICY MW11A: Sites for Waste Management Facilities 189 POLICY MW12: Waste Disposal After-use for a Minerals Void 190 POLICY MW13: Access onto a Highway 191 POLICY MW14: Noise 191 POLICY MW15: Reversing Alarms 192 POLICY MW16: Dust and Litter 193 POLICY MW17: Settlement Lagoons 194 POLICY MW18: Geomorphology, Archaeology and History 195 POLICY MW19: Developments Affecting Sites of Geological or 196 Palaeontological Interest

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POLICY MW20: Restoration of Opencast Coal and Waste Deposition 197 Sites POLICY MW21: Ancillary Plant 198 POLICY MW22: Buffer Zones 199 14. General Development Policies 201 Introduction and Supplementary Planning Guidance 201 POLICY DC1: Access by Disabled Persons 201 POLICY DC2: Advertisements 203 POLICY DC3: External Lighting 204 POLICY DC4: Telecommunications Apparatus 205 POLICY DC5: Satellite Dishes, Antennae, CCTV and Other Devices 206 POLICY DC6: Operational Development by Utility Companies 207 POLICY DC7: Developer Contributions to Utility Infrastructure 208 POLICY DC8: Public Water Supply 209 POLICY DC9: Protection of Water Resources 209 POLICY DC10: Mains Sewage Treatment 211 POLICY DC11: Non-mains Sewage Treatment 211 POLICY DC12: Overhead Lines and Pipelines 212 POLICY DC13: Surface Water Drainage 213 POLICY DC14: Flood Prevention Measures 214 POLICY DC15: Development on Unstable or Contaminated Land 216 POLICY DC16: Notifiable Installations 216 POLICY DC17: Cordon Sanitaires 217 POLICY DC18: Amenity and Completions Notices 217 15. Appendices 218 1. Rural Settlements in Powys 218 2. Powys Settlements and Allocated Housing Sites (5 or more 219 dwellings) 3. Proposed Supplementary Planning Guidance 231 16. Glossary and Acronyms 232

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1 Introduction

1.1 The Unitary Development Plan System

1.1.1 The Authority is required by the Local Government (Wales) Act 1994 to prepare a Unitary Development Plan (UDP) for its area, excluding that part covered by the Brecon Beacons National Park, which is to be covered by a separate UDP prepared by the National Park Authority. Section 54A of the Town and Country Planning Act 1990 (as amended) makes the Development Plan central to the development control decision making process. It requires that:

1.1.2 “Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.”

1.1.3 Additional relevant primary legislation includes the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Planning (Hazardous Substances) Act 1990. National planning policy guidance on the content and provisions of UDP’s include:

 Unitary Development Plans: Wales (2001).  Planning Policy Wales (2002) and subsequent updates through Ministerial Interim Planning Policy Statements (MIPPS).  Technical Advice Notes (TANs).  Mineral Planning Policy Wales (2000).  Minerals Technical Advice Notes (MTANs)  Welsh Office and Welsh Assembly Government Orders, Regulations and Circulars.

1.1.4 Taken together, these comprise the national planning policy in Wales and their contents have been taken into account during the preparation of the Powys UDP.

1.2 The Form of The Unitary Development Plan

1.2.1 UDP’s are required to be divided into two parts: a short strategic overview with limited supporting text (Part One) and a more detailed and extensive Part Two. UDP’s must also contain an overall Proposals Map together with detailed Inset Maps for individual settlements (or parts of settlements) and for other major development sites, for example industrial estates or technology parks.

1.2.2 UDP’s are required to have regard to the Welsh Assembly Government’s over-arching goals of:

 Sustainable Development  Building a dynamic and advanced economy  Tackling social disadvantage  Equal opportunities

1.2.3 These principles have been incorporated and integrated throughout the UDP, not only in the policies and proposals, but also in the process itself. In particular, Unitary Development Plans Wales (2001) stipulates that the UDP should cover the following topic areas where they are relevant to the particular area covered:

 Housing;

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 Conservation and improvement of the natural and built environment,  Economy, including agriculture, forestry, industry, business, retail and other employment-generating and wealth-creating development;  Land use/transportation strategy addressing accessibility and the provision of strategic and integrated transport facilities including highways, railways and other infrastructure;  Mineral working (including disposal of mineral waste) and the protection of mineral resources;  Safeguarding of natural resources;  Waste management and disposal, land reclamation, re-use and hazards;  Tourism, leisure, sport and recreation;  Energy conservation and generation, including renewable energy.

1.3 Current Development Plans in Powys

1.3.1 The Powys Unitary Development Plan was statutorily adopted on March 1st 2010 and supersedes all development plans that were previously in place, namely:

 The Powys County Structure Plan (Replacement) (Feb. 1996).  The Minerals Local Plan (March 1995).  The Brecknockshire Local Plan (October 1997).  The Radnorshire Local Plan (April 1999).  The Montgomeryshire Local Plan (Deposit Version October 1995 and Subsequent Modifications).  Interim Planning Guidance (Strategic and Local) Llangedwyn, Llanrhaeadr- ym-Mochnant and Llansilin (October 1997)

1.4 The Unitary Development Plan

1.4.1 The Powys UDP will guide development during the plan period until mid- 2016. It provides a policy framework for positive forward planning, proposals and allocations for future developments and the basis on which consistent development control decisions can be made. Proposals must be capable of implementation within that period and the UDP will be subject to continuous monitoring and periodic review, the first of which will take place as part of the preparation of a local development plan.

1.4.2 The Powys UDP process has given the County Council, its partners, local interest groups and local residents an opportunity to review and revise the land use strategy for the County in response to emerging economic, environmental, social and cultural changes.

1.4.3 The Powys UDP will retain the concept of Planning Areas, natural catchment areas around the sixteen main market towns in Powys, which are known as Area Centres. The location of these 15 Planning Areas is shown on the key diagrams for the proposals maps in the maps document. These are still very evident and statistically justifiable in terms of provision of employment, shopping facilities and a wide range of local services. The fact that the National Park boundary cuts through several of these natural Planning Areas and that four of Powys’ sixteen Area Centres lie within the National Park does not diminish their legitimacy and full account will be taken of their influences and the cross boundary interactions. Similarly, the Powys UDP has taken account of larger centres outside the County, in England as well as elsewhere within Wales, and their influences upon activities within the County.

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1.4.4 In addition, there is a need within Powys to take into consideration the differences that exist within the very large area covered and to take due account of the Authority’s political and organisational arrangements that reflect this. Therefore, where appropriate, policies, proposals and allocations in the UDP will be provided on a Shire and / or Planning Area basis.

1.4.5 Below the level of Area Centre there are several hundred other settlements of varying size, composition, character and role. These are described in terms of the Strategic Settlement Hierarchy later in Part One.

1.5 The Content of the 2 Parts of The UDP

1.5.1 (a) Part One

1.5.2 The purpose of Part One of the Powys UDP is to:

i. Set the legislative and statutory background to the UDP; ii. Describe the land use planning context in Powys; iii. Provide a strategic framework for Part Two, including:

 The broad Strategic Vision;  The 19 Strategic Aims;  The Sustainable Growth Strategy;  A hierarchical approach to settlements and community development;  14 Strategic Policies.

1.5.3 (b) Part Two

1.5.4 Part 2 of the UDP contains more detailed and (in some cases) site-specific policies and proposals and consists of:

a) A reasoned justification of the general policies in Part 1; b) A written statement setting out appropriate policies and proposals for the development and other use of land within the plan area; c) A reasoned justification of the policies and proposals in Part 2; d) Such tables, diagrams, graphs and other material as may be necessary; and e) A proposals map and series of settlement inset maps depicting those policies and proposals on a map base for illustration purposes only.

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2. Part One

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2 Part One

2.1 Context of the Powys Unitary Development Plan

2.1.1 In developing a strategy for the future growth of Powys, the Council has taken into account the need for future development to be undertaken in a manner that promotes sustainable and viable communities and is sensitive to protecting those characteristics and features of value. Part One, below, sets out the factors that influence strategic planning in Powys as a prelude to defining a vision, strategic aims and policies for the County.

 Landscape and Environment

2.1.2 Powys is the largest County in Wales covering some 5,196 square kilometres (2,000 square miles), which represents almost exactly 25% of the total landmass of Wales. Powys is an extensively rural county with a high proportion of the land being of very poor agricultural quality - 95% is grade 4 or 5 (more than any other rural county in Wales) and 86% is severely disadvantaged, a level only exceeded by two South Wales valleys authorities. Apart from the broad river valleys of the Severn, Wye and Usk and their tributaries, Powys is an area of upland mountain and moorland, well suited to grazing livestock, outdoor pursuits and forestry, but with limited scope for other forms of economic development. However, these characteristics also combine to provide a high quality landscape throughout the area, one which is attractive to tourists and day visitors as much for its remoteness and rugged natural beauty as for its distinctive market towns and remote villages.

2.1.3 The Brecon Beacons National Park (BBNP) covers about 16% of Powys. Immediately to the north west of Powys there is a second national park (Snowdonia) and there has been speculation in the past that the Cambrian Mountains would be an obvious location for a further such designation. These, together with The Radnor Forest, the Berwyns, the Tanat Valley, Lake Vyrnwy, the east Montgomeryshire Hills and very many national historic, archaeological and nature conservation designations, illustrate what an attractive and valuable landscape and environment there is in Powys. Consideration will be given to the impact of any development proposals in the UDP area upon the setting of the Brecon Beacons and Snowdonia National Parks.

2.1.4 Powys is an area of cultural diversity, steeped in history, and littered with archaeological remains. Apart from the more obvious castles, churches and abbeys, there are very many sites and monuments from all periods of our past; including considerable Neolithic, Bronze and Iron Age remains.

2.1.5 Statutory designations may receive individual protection but the UDP starts out with the premise that all of the landscape and environment of Powys is of high quality, worthy of conservation, careful management and enhancement.

 Population

2.1.6 Powys (outside of the BBNP) had a resident population of 105,513 at mid- 2001. Even for a rural County the population density is low at just 24 persons per sq. kilometre, compared with 137 persons per sq. kilometre for Wales as a whole. Powys is the most sparsely populated County in England and Wales by far.

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2.1.7 The profile of the population of Powys does not conform to the national profile. Those over retirement age in Powys form a higher proportion (22.8%) of the total population than for Wales as a whole 20% (2001 Census).

2.1.8 Demographic dynamics differ significantly too. The components of change in the County’s population over recent years have highlighted the fact that deaths have consistently exceeded births by several hundred per annum. However, migration, both in and out, is the key determinant of change in the population size and structure. Recent trends in the population of the County between 1991-2001 have indicated an average net population gain of approximately 650 per annum. However, while most 5 year age groups (cohorts) show a net gain (more in-comers than out-movers), there is a substantial net loss in the 18-29 age group, especially of young males. These both reduce the available labour force and have serious repercussions for births and the numbers of children in Powys.

2.1.9 Demographic projections undertaken by the former Welsh Office have suggested in the past that the population of the County is likely to continue to grow over the UDP period to 2016. Recent trend based projections prepared by Powys CC in May 2004, using various data sources including the 2001 Census, indicate that the total population for Powys (Excl. BBNP) will grow by about 4,960 to about 110,473 in mid-2016.

2.1.10 At the start of the UDP process it was projected that the number of persons of working age would decline a little after peaking in around 2006 and the overall profile of the workforce would appear more elderly. Meanwhile numbers over retirement age would increase by about 46%. This means that the workforce will be a smaller proportion of the total and that the dependency ratio (workers to non-workers) will increase, requiring an increase in productivity just to maintain the same quality of life for all. Numbers of children aged 0-15 will continue to decrease by an estimated 21% by 2016.

2.1.11 In addressing these issues, permitting higher levels of net in-migration has been considered, but it is not possible to justify them statistically unless one considers a return to the development boom of the late 1980’s likely. It is difficult to see how this would occur in practice and local residents have indicated a preference for more modest growth in their consultation responses.

 Settlement Pattern

2.1.12 The settlement pattern of Powys has been largely determined by the geography of the area and by its rural activities. Despite the recent difficulties, the agricultural industry, particularly sheep and livestock farming, have established the County as one of the most important agricultural areas in Wales.

2.1.13 The rural area is served by a network of main market towns, together with a number of smaller towns and large villages, which have a reasonable range of services and facilities. However, many of the smaller villages are not so well provided for and, as a result, there is a dependence on the nearest higher order settlement and / or a degree of interdependence between certain villages.

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 Social Inclusion

2.1.14 The availability and accessibility of local services and facilities, including schools, surgeries and community centres, represents an essential component in the development and well being of the County’s communities. While the Area Centres and Key Settlements may have many of these within easy reach, there are many smaller villages and rural communities that have few if any of these services and facilities and that also experience difficulty in accessing them elsewhere. This combined with unemployment, poor skills, low incomes, poor housing, high crime environments, family breakdown, ill health and disabilities can lead to families and individuals being socially excluded.

2.1.15 The Powys UDP aims to provide a land use development framework which will preserve and enhance the range of services and their accessibility within the County. This will reflect the trends and needs, whilst protecting the vitality and viability of both urban and rural communities.

 Housing

2.1.16 The housing stock in the County at April 2002 was estimated to be 56,500, with 85% owner occupied and privately rented, 11% rented from the Local Authority and 5% rented from housing associations (Digest of Welsh Local Area Statistics 2003).

2.1.17 The average number of persons per household in the County has been declining over time, in line with national trends. In 1981, for the old pre-reorganisation Powys, it was estimated at 2.73 persons per household (pph) and by 1991 it had declined to 2.40 pph (new Powys), (1981 and 1991 Censuses of Population). By 2001 it had fallen to 2.32 and it is probable that this decline will continue over the Plan period to about 2.15 in 2016. Even without net in-migration, this will increase the number of dwellings required in the County over the same period.

2.1.18 The UDP will ensure that there is sufficient land for residential and other uses for an extended period to 2016 and will aim to maintain a 5 year supply of housing land at all times.

2.1.19 The County Council recognises that the process of housing land allocation by the ‘predict and provide’ method is no longer the most appropriate approach and now prefers a more ‘hands on’, flexible approach of ‘monitor and manage’. This will lead to the creation of more sustainable communities, a reduction in the need to travel and consequent reduction of inappropriate development in the countryside. The housing requirement and land allocations for the Plan period will focus on supporting the Council’s Sustainable Strategic Settlement Hierarchy.

 Economy and Employment

2.1.20 There are many challenges facing the economy of Powys and it has to restructure to adapt to changing circumstances. Agriculture still forms the mainstay of the local economy. In 2002 about 6993 agricultural holdings employed about 11800 people. (Source 2003 Welsh Agricultural Statistics); these are often husband and wife teams that help to give Powys a higher than average activity rate for women, but the pay is very low. However, with 86% of the farmed area given over to cattle and sheep (one of the highest levels in Wales) incomes are not only low but also declining. 3.8m

Part One Strategic Policies 12 Powys County Council UDP 2001-2016 Adopted March 2010 ______sheep represents over 38% of the total flock in Wales (Source 2003 Welsh Agricultural Statistics), but this is an area of farming that has been hit harder than most of late.

2.1.21 For several decades, the economy of the County has diversified into manufacturing, light engineering, new technology, small business enterprises, tourism and service industries, but it is recognised that Powys is an area that has relatively small local markets. Powys has a reputation for innovation and entrepreneurship (business start-ups), but also for relatively high rates of business failures. Throughout the 1990’s, the closure or downsizing of some of Powys’ largest employers hit the County very hard. Lack of employment opportunities continues to drive many people away, especially our able and skilled young adults.

2.1.22 Deprivation is more common throughout the County than one would expect, though it often goes undetected because ‘urban’ based indicators fail to identify rural problems. Only recently has the Welsh Index of Multiple Deprivation included appropriate factors such as ‘access to services’, which highlighted the remoteness of many Powys communities and the disadvantages that they suffer, including widespread social exclusion.

2.1.23 The focus for the future must be to broaden the County’s economic base and diversify into the new technology and other business and employment opportunities in order to retain the County’s young people. The regeneration of the Area Centres and Key Settlements is a high priority in environmental, social and economic terms, helping to re-invigorate former industrial areas and the rural heart of the County.

2.1.24 Any land use planning strategy has to meet the locational and structural requirements of the emerging economy in a sustainable manner taking full account of the environmental, social and cultural aspects of local communities. The Authority, together with others in the Mid Wales Partnership, received advice in early 2001 on the strategic allocation of employment sites from consultants DTZ Pieda. In the light of this, the UDP intends to make appropriate use of existing allocated or previously developed sites and premises and in addition to allocate sufficient new employment land in suitable locations to provide a firm basis for effective economic development. Such sites will be identified in sustainable locations providing the opportunity to reduce the need to travel and supporting the County Council’s Sustainable Strategic Settlement Hierarchy.

 Highways and Transport

2.1.25 Transport facilities and infrastructure are vital for the social and economic well-being of Powys and provide the means for the area’s population to have access to employment, education, shopping, services and leisure opportunities as well as enabling people and goods to move in and through the County. Apart from satisfying personal travel needs, strategic transport provision also plays a key role in sustaining and promoting the area’s economy.

2.1.26 Transportation issues in Powys are particularly important in view of the dispersed nature of the County’s population, particularly as sparsely populated wards cover 95%of the County area. Most households rely on the car as their main and / or only method of transport. The rail network is restricted to the Cambrian and Heart of Wales railway lines.

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2.1.27 Public transport by bus is limited and supplemented by post buses and other means of community and voluntary transport. Bus routes may be flexible, but in a sparsely populated area their feasibility and viability of provision can be assisted by the relative locations of housing, employment, leisure and education developments. The judicious juxtaposition of land uses and activities in this way can make a significant contribution to sustainability.

2.1.28 In rural market towns and villages there is a greater reliance on access to motor vehicles and to the road network in general. Recent transportation developments within Powys include improvements to the A470 and the construction of certain by-pass routes. These road improvements have greatly enhanced the accessibility of many parts of the County, but much remains to be done.

2.1.29 The level of vehicle exhaust emissions is a major contributor to pollution and the generation of greenhouse gases and consequently, the Plan will seek to limit the need to travel, especially by car. The UDP sets out the future land use strategy for the County, and as a land use based document it will be for the Regional Transport Plan to cover highway and transportation management policies.

2.1.30 The Government and Welsh Assembly Government aim to increase personal choice by improving alternatives to private transport and to provide transport options that are sustainable in the long term. Powys County Council will seek to provide an efficient and enhanced transport system serving the inherited settlement pattern and, through the Sustainable Strategic Settlement Hierarchy, facilitate progressive changes so as to allow the development of a sustainable transport system. Whilst the aim of reducing private travel in the short term will be a major challenge, unless there is a focus on what needs to be done now, the long-term aims of sustainability are unlikely to be met. The main aim of future transport planning therefore must be to make best use of the existing infrastructure, thereby supporting the broad aims of producing a sustainable and integrated transport strategy.

 Welsh Language and Culture

2.1.31 The 2001 Census indicates that Powys has a Welsh-speaking population of 20.8% (aged 3+). This compares with a figure of 20.5% for Wales as a whole. A high proportion of the County’s Welsh speakers are within the 3 to 15 years age group, with 39.7% in Powys being able to speak Welsh. North and southwest Powys have the highest proportion of Welsh speakers, although strongholds of the language are also found in certain rural areas.

2.1.32 The above figures confirm that the Welsh language and its associated culture are an important and integral part of community life within Powys. Accordingly, the protection of the Welsh language is considered to be an important policy issue for Powys County Council.

2.1.33 The Authority supports and encourages the use of the Welsh language, through its service delivery and many other activities, operating a bilingual policy for its day-to-day management. The Welsh language is a material consideration in the preparation of the UDP and the settlement policy, seeking to ensure the continued viability of identified communities throughout the County and particularly in rural locations

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 Regional Policy Context

2.1.34 Future development in Powys is influenced and affected by a whole number of policy initiatives and developments both from within Wales and outside. Many of these have a bearing on the UDP and are referred to in Part Two but the following two initiatives warrant particular mention.

2.1.35 The Wales Spatial Plan - People, Places Futures, 2004 (updated in 2008) is significant in that it sets a framework to guide future policy developments in a ‘spatially’ co-ordinated and sustainable manner which looks beyond administrative boundaries. It sets out key action areas including one for Central Wales which lists a number of actions, some of which are of relevance to the UDP such as the assessment of local needs for affordable housing. Other actions, particularly those relating to economic development and transport, are being taken forward at the regional level by the Central Wales Economic Forum and in due course will impact on the Local Development Plan.

2.1.36 The West Midlands Regional Spatial Strategy was published by ODPM in June 2004. The West Midlands Regional Assembly is charged with implementing the Strategy which provides a long-term land use and transport planning framework for the region. It determines, amongst other things, the scale and distribution of housing and economic development across the region, investment priorities for transport and sets out policies for enhancing the environment. It has the potential to impact on Powys in a number of ways. For instance, it seeks to redistribute housing growth and development back towards ‘Major Urban Areas’ (MUAs) whilst lower levels of housing growth are envisaged outside the MUAs in areas such as Shropshire and Herefordshire. This could result in higher development pressures for housing in east Powys. The Strategy will guide the preparation of local authority development plans and local transport plans and the implications of these will be monitored as they are drawn up as they are likely to impact on the preparation of the Local Development Plan."

2.2 Sustainable Development

2.2.1 The term ‘sustainable development’ first emerged in 1980 at the World Conservation Conference, but it was not until 1987 that the term became widely popularised with the publication of The Brundtland Report. This report provided a definition that has since been widely accepted as meaning:

“Development which meets the needs of the present without compromising the ability of future generations to meet their own needs”.

2.2.2 Today, these principles and their promotion are a key objective of current governmental policy, and are fundamental components of spatial planning. More recently, there has been the publication of the Government's UK Strategy for Sustainable Development, 'A Better Quality of Life' (1999). This strategy indicates that a better quality of life can be achieved for everyone without unnecessarily damaging the earth and is based on the four key principles for achieving a sustainable society:

 Social progress which recognises the needs of everyone;  Effective protection of the environment;  Prudent use of natural resources; and  Maintenance of high and stable levels of economic growth.

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2.2.3 The environmental issues which face society, both locally and globally, have become matters of grave concern. These include rising carbon dioxide emissions, global warming, ozone depletion, consumption of finite natural resources and the protection of the natural environment, biodiversity and landscape. In light of these concerns the principles of sustainable development now need to underpin all development considerations. The UDP seeks to address these issues by providing a more sustainable development framework for all land uses and activities.

 A Sustainable Wales in the 21st Century

2.2.4 Within Wales, the Welsh Assembly Government under Section 121 of the Government of Wales Act 1998 now has a constitutional duty to promote the principles of sustainable development. They “subscribe to the view that our current way of living is unsustainable and that real progress can no longer be measured by economic growth (GDP) alone…. prosperity should be reflected in such things as the health of our children, vibrancy of our communities, the quality of the environment and the strength of our economy.” (A Sustainable Wales, Learning to Live Differently, 2000, p.6).

2.2.5 In doing so, the Welsh Assembly Government sees the land use planning system as having a fundamental role in delivering sustainable development in Wales, by helping to ensure that the development needs of the present are met without reducing such opportunities for those in the future. Consequently, Planning Policy Wales (2002) contains comprehensive lists of sustainability objectives and principles that underpin the Welsh Assembly Government’s approach to planning policy for sustainable development in Wales. These include:

 Promote settlement patterns that minimise land take and the demand for travel.  Contribute towards climate protection by encouraging energy efficient development and the promotion of the use of energy from renewable sources.  Minimise the use of non-renewable resources, and promote efficient use of them.  Protect and improve the environment and the quality of life and ensure the conservation of statutorily designated areas, biodiversity, the historic environment and cultural heritage.  Ensure that all communities have sufficient good quality housing for their needs, including affordable housing for local needs.  Foster social inclusion by encouraging more accessible environments for everyone.  Reduce waste and all forms of pollution.  Foster improvements to transport, services and facilities, and encourage developments likely to support the achievement of an integrated transport system.

 Sustainability Appraisal and Strategic Environmental Assessment of the UDP

2.2.6 Sustainable Development aims to create a “win-win” situation by achieving a balance between the social, economic and environmental benefits brought about through development. To aid in this, external planning consultants employed by the Council have undertaken a Sustainability Appraisal (SA) of all the aims, policies and proposals contained in Part One and Part Two of this Plan.

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2.2.7 A report of this appraisal, which includes the methodology, process and recommendations has been produced by the Council and accompanies the Powys Unitary Development Plan.

2.2.8 In addition to the SA the Council has conducted a Strategic Environmental Assessment (SEA) of the UDP following the implementation of the EU SEA Directive (2001/42/EC). The SEA ensured that the Plan’s impact on the environment was fully assessed and taken into account.

2.3 The Powys Unitary Development Plan Strategy

 Strategic Vision

2.3.1 Powys County Council corporately adopted the principles of sustainable development in the mid-1990’s and set up the LA21 Local Futures initiative. This is reflected in the Strategic Vision of the Powys UDP:

2.3.2 “The Powys of the future will offer residents, local businesses and visitors to the area: an improved and sustainable quality of life within a valued natural environment; high quality services and facilities; better and more diverse job opportunities; greater access to social, leisure and cultural activities”

2.3.3 This vision seeks to provide an environment in which future growth within Powys should, amongst other things, meet the economic and social needs of the people who live and work in the area; enhance the viability of existing villages and market towns; provide balanced communities with appropriate services and facilities; protect natural resources; conserve the character of the countryside and provide a high quality of life for all. The challenge is to create a sustainable future for Powys.

 Creating a Sustainable Future for Powys

2.3.4 Faced with this challenge, the Council has carried out consultation to seek the views and ideas of the local communities, the general public and other organisations on the key issues at the start of the Unitary Development Plan process. The aim of this was to gather opinions which would inform the policies of the County Council’s Unitary Development Plan, thus ensuring that policies would be developed in the interest of residents and all interested parties (and in doing so, promote one of the key principles of sustainable development, i.e. participation). The outcome of this public consultation process revealed that an approach was favoured that sought to achieve balanced and sustainable growth as summarised in the UDP Strategy consultation document (April 2000).

2.3.5 Thus within Powys there is both a demand and a need for an equitable distribution of growth amongst the main towns and the smaller communities, and this is reflected in the UDP’s strategic aims:

a) To promote a diverse and sustainable rural economy; b) To sustain modest growth and development, appropriate to individual locations; c) To support the agricultural sector and rural economies and encourage sustainable diversification;

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d) To direct large economic developments to the main towns and properly serviced locations; e) To encourage the provision and creation of better quality and better paid jobs in the area, for example, adding value to existing local resources and enterprises and taking advantage of new and emerging technologies such as ICT (Information Communication Technology); f) To encourage appropriate small scale economic developments and regeneration in rural areas; g) To build on our strengths, such as the market town-hinterland pattern, tourism and leisure; h) To retain more retail spend within Powys - to support local shops and shopping centres; i) To support and improve community services and facilities e.g. rural schools, sub-post offices, GP’s surgeries, neighbourhood shops, local businesses and community hospitals; j) To address housing needs across the County including affordable housing for local need; k) To strengthen communities and promote social inclusion for all; l) To improve strategic road and rail communications, N-S and E-W; m) To support and, where possible, develop public transport, rights of way and cycle facilities; n) To conserve and enhance the environment, historical and archaeological assets and the countryside as a whole; o) To plan positively for waste management and promote waste reduction; p) To promote energy conservation and efficiency; q) To encourage appropriate energy generation from renewable sources. r) To strengthen design standards and promote good design across the County; s) To plan for the sustainable extraction and recycling of minerals which meet Society’s needs and, where appropriate, to safeguard valuable mineral resources for future generations.

2.3.6 The strategic aims are inter-related and all need to be considered in terms of land use – ensuring environmental protection is relevant to all of them. They seek to promote economic development so as to support and enhance the local economy, and also to protect the valuable natural resources that add to the character and landscape of Powys. However, it is clear that these two objectives can often conflict with each other, and therefore the success of the Unitary Development Plan rests on the Council’s ability in reconciling these different, but interrelated goals.

2.3.7 To meet this challenge, it is proposed that a sustainable growth strategy should be developed so as to integrate the principles of sustainable development across the Unitary Development Plan as a whole.

2.4 A Sustainable Growth Strategy for Powys

2.4.1 A growth strategy based on the principles of sustainable development is one way that future development can take place within Powys in support of existing towns, villages and communities, providing equitable access to goods, services and employment opportunities, without unnecessary adverse effects on the local environment, economy and society.

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2.4.2 Land use policies should be consistent with other Powys strategies, such as those dealing with Access, Bio-Diversity, Education, Housing, Transport, Sustainability, Recreation and Leisure and, of course, The Corporate Plan. In relation to the Community Strategy, the UDP can do much to draw these strands of strategic policy together. In keeping with the aims of the Powys Corporate Plan, a sustainable growth strategy would therefore provide Powys County Council with a framework that would:

 Enable people to maintain and improve access to services and facilities;  Provide the opportunity for people to meet their housing needs;  Reduce the disparities between different areas and groups;  Maintain and enhance the distinctive culture and character of communities;  Enable the skills of all individuals and the community to grow; and  Protect natural resources and enhance the character of the countryside within Powys.

2.4.3 By developing a growth strategy based on the principles of sustainable development it will be possible for:

 Decisions to be taken in terms of the impact (both positive and negative) that a development will have on the character and amenities within the settlement itself and the surrounding area, thus ensuring that the character of the settlement and the wider countryside is sustained.

 A better understanding of local needs and local opportunities (capacity) for developments to be established by identifying the distribution and availability of services and amenities throughout Powys.

2.4.4 However it would be unsustainable to concentrate development opportunities in a few select areas, as this would have a detrimental effect on rural communities and the rural economy. Therefore there is a need to try to introduce a pattern of development that caters for the interests of the rural areas and at the same time, readily embraces the concept of sustainable development. The UDP seeks to achieve this balance in its allocations of land for employment, housing and other development on a needs, capacity and opportunities basis.

 Sustainable Integrated Transport - Land Use Strategy

2.4.5 The inter-relationship between transport and land use in achieving a sustainable future for Powys through the UDP strategy has already been mentioned. If future employment opportunities, services, and leisure facilities are located in close proximity to where people live, then the need for travel is reduced while at the same time supporting existing communities in both towns and rural areas. The UDP aims to reduce private car usage by:

• Limiting development in areas that would generate substantial new or longer car journeys; • Where possible, directing development towards towns and other appropriate locations which are accessible by foot, cycle, and public transport; • Promoting and retaining mixed use areas, where practicable, to reduce the need for car travel; and • Improving access to public transport.

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2.4.6 It is desirable to direct new development and investments to those locations that already have a range of facilities and services or that have the potential for them to be sustained or enhanced in order to assist community regeneration. This would have the effect of minimising the distances between trip origin and destination, thus reducing the propensity for additional private car travel.

2.4.7 Important to the effectiveness of rural communities is the availability of suitable transport links to enable effective interaction. Certain rural villages may be isolated, although they do provide a significant role for the surrounding community, i.e. farms, isolated houses, etc. The UDP takes special care to ensure that the localised strategic importance of these settlements is recognised.

 A Sustainable Strategic Settlement Hierarchy

2.4.8 The Powys Structure Plan and Local Plans were based upon a growth strategy built upon 15 Planning Areas each with an Area Centre (or 2 joint centres in one instance in the National Park). The location of these 15 Planning Areas is shown on the key diagrams for the proposals maps in the two map documents. As explained earlier, nothing has changed to remove the validity of these areas and they are still a very practical and realistic way of considering the whole of Powys, though we now have to take account of a separate UDP in the Park area. Whilst previous development plans made allocations, e.g. of housing and employment land, to each Planning Area, there was also a guiding principle of the dispersal of development on as broad a basis as practical. This widespread dispersal of investment and development is now considered to be “spreading the jam too thinly”. It could result in spatial inefficiencies in terms of disproportionate access and service infrastructure costs being incurred in remote areas and communities over and above what is required to meet local needs.

2.4.9 In order to distribute new development sustainably and to encourage the support and regeneration of communities, a hierarchy of settlements in Powys is proposed. This includes directing the largest proportion of new development towards the Area Centres and larger villages. These settlements provide a wider range of services and facilities, possess sufficient existing or proposed infrastructure capacity, better access to existing and potential public transport facilities and have the capacity to accommodate the growth. This approach allows for the heritage importance of historic settlements and settlement patterns to be taken into account at all levels in the hierarchy.

2.4.10 Elsewhere, smaller amounts of growth would be allowed in other villages, commensurate with the needs of the community and the role that each settlement plays within its local area. The need and opportunity for regeneration, the availability of utility services and the need to support other community services would also be important considerations. It is important to understand that the current size of a settlement and the current range of services provided are not the only considerations or determining factors as regards the appropriate level of future growth and development.

2.4.11 It has to be acknowledged that varying levels of social and economic interaction occur between a large number of settlements within the County, together with those located outside its administrative boundaries. Such cross-boundary

Part One Strategic Policies 20 Powys County Council UDP 2001-2016 Adopted March 2010 ______relationships will need to be identified in conjunction with the neighbouring authorities and reflected in the settlement hierarchy and development proposals.

2.4.12 The following settlement hierarchy forms the basis for future growth within Powys, excluding the area covered by the Brecon Beacons National Park, but bearing in mind the influence upon settlements and communities in the plan area of Brecon, Hay, Talgarth and Crickhowell:

 Area Centres

Builth Wells, Knighton, Llandrindod Wells, Llanfair Caereinion, Llanfyllin, Llanidloes, Newtown, Machynlleth, Presteigne, Rhayader, Welshpool, Ystradgynlais.

2.4.13 The Area Centres are the established centres of activity, containing about 45% of the total population. They are usually traditional market towns; a term that is often used to encompass a diversity of small to medium sized historic centres, and not just those that have a general street or livestock market. They have historically been, and still are, the social and trading focal points for quite extensive rural hinterlands. Their legacy of ancient streets and buildings is a fundamental part of our national heritage.

2.4.14 The Area Centres are all accessible by main roads, which are part of the County’s Strategic Road Hierarchy. They are focal points for many public transport services, including rail in some cases. They contain more diverse employment opportunities and a wider range of shops, services and facilities, including in most instances secondary schools, cottage hospitals or health centres and recreation / leisure centres.

2.4.15 Due to the availability of a wider range of services and the availability of and accessibility to a range of development opportunities in the Area Centres, it is envisaged that these settlements are the most appropriate locations for accommodating a substantial proportion of future housing and employment development on a scale that is appropriate to the town and relative to the planning area that it serves.

2.4.16 However, four Area Centres appear in bold in the list as having taken account of the advice of consultants who have considered the overall distribution and attractiveness of employment sites throughout mid-Wales, these are considered to be the main anchors of employment growth and inward investment in Powys (outside the National Park).

 Key Settlements

2.4.17 Key Settlements include some smaller towns as well as the larger villages. They do not have as wide a range of services and facilities as the Area Centres, but normally provide an important service function to surrounding smaller settlements and rural residents. Key Settlements will continue to provide a range of services and a number of housing and employment development opportunities, in keeping with their existing strategic role and character.

2.4.18 Whilst Key Settlements offer opportunities for development, it is also recognised that there may be constraints and that each Key Settlement has different needs. Following detailed settlement appraisals, consultation with town and community councils and discussion with the providers of utility services and other

Part One Strategic Policies 21 Powys County Council UDP 2001-2016 Adopted March 2010 ______infrastructure, each settlement has been allocated an appropriate amount and mix of development on an appropriate range of sites.

 Large Villages

2.4.19 Large villages may contain a few key facilities and services but they do not provide a full range and they are less well served than Key Settlements. Job opportunities may be limited but in some instances they offer a few future options for new employment developments.

2.4.20 Large villages are important in their own community area, which may include several smaller villages, but development demands and opportunities are usually less than those in Key Settlements. A similar process to that described above has been used to identify appropriate allocations for new development.

 Small Villages

2.4.21 Small villages provide the focus of rural living for much of the remaining population within Powys. They have little scope for new development, but nonetheless, they fulfil an important community and social function in their own area, which may include several smaller rural settlements. As a means of ensuring the sustainability of local communities and the future viability of rural villages in Powys, limited housing growth may be acceptable within these settlements. Development demands and opportunities are less than those in Large Villages.

 Rural Settlements

2.4.22 These are small clusters of just a few dwellings in a rural setting. One of the key features of a Rural Settlement is that there are often significant gaps between the dwellings. As it is not desirable to encourage general or speculative development in such settlements, it would therefore be inappropriate to draw a settlement limit around them. They have few if any facilities and are only suited to just one or two dwellings to provide affordable local needs housing, in order to support the local community. These would normally be accommodated by the sensitive filling-in of small gaps, but on occasion and subject to the character of the surroundings, some minor extension to such groups of dwellings may be appropriate.

 Countryside

2.4.23 A high proportion of the housing in Powys lies outside of any recognised settlements. The large number of farms and smallholdings is self-evident, but there are also very many other dwellings, in ones and twos along rural roads and country lanes, few of which need a countryside location because of employment reasons. Powys has a landscape of consistently high quality throughout its area. This is one of our main assets and it is the basis of one of our other main employment sectors, tourism.

2.4.24 For the above reasons and because a sporadic pattern of development is inherently unsustainable, developments in the countryside will be strictly controlled and should only be allowed for the benefit of the rural economy. However, agriculture needs special help to restructure and diversify and rural communities need to be able to develop and expand local enterprises to safeguard their vitality and viability. Consequently in instances where workers in agriculture, forestry or other appropriate

Part One Strategic Policies 22 Powys County Council UDP 2001-2016 Adopted March 2010 ______rural enterprises absolutely need to live “on the spot” and not in the nearest settlement, single dwellings may be allowed in appropriate locations in the countryside.

 Land Allocations in the UDP

2.4.25 Development Plans make site-specific allocations to meet known and anticipated needs for employment, housing, services, road schemes, other infrastructure, community facilities and other land uses. In practice, it is the first two, and especially housing, that can have the greatest impact.

2.4.26 The housing and employment land already allocated in the Local Plans were not sufficient to meet the needs of the area during the UDP period up to mid 2016. However, substantial allocations remained undeveloped and provided the UDP with a stock of identified sites to carry forward. However, these sites have been considered again in terms of appropriateness and sustainability. Consequently, the allocation of a site in an earlier local plan is no guarantee of its acceptability for inclusion in the UDP.

2.4.27 Including acceptable existing allocations, the County Council allocates land for housing and employment sufficient to meet the identified needs during the Plan period, in keeping with the Sustainable Strategic Settlement Hierarchy above.

2.4.28 In terms of the number of houses required to achieve this ambition, the County Council proposes to allocate sufficient land to accommodate up to 6,140 additional dwellings during the Plan period representing an average of 410 completions per annum. In practice, slightly higher allocations are made in the Housing chapter of this plan for the reasons explained in that chapter.

2.4.29 It is not quite so easy to predict the future need for employment land as there are so many variables and unknowns. However, the Employment Land Study of mid- Wales undertaken for the Mid Wales Partnership by DTZ Pieda in late 2000/early 2001 has guided the UDP in this matter. The need to make provision for expansion of existing firms, diversification and new enterprises, plus provision for inward investment and growth suggests that approximately 55 hectares of new employment land needs to be identified.

2.4.30 Development in Flood Risk Areas

2.4.31 All development proposals will be determined in accordance with the precautionary framework set out in Section 13.4 of Planning Policy Wales (March 2002) and the guidance contained within TAN15 Development and Flood Risk (July 2004). The development advice maps prepared to support TAN15 show the allocation of zones namely:

 Zone A - where there is little or no risk of flooding,  Zone B - where flood risk should be considered unless site levels indicate that land is not at risk of flooding,  Zone C1 - where flood risk is an integral part of the decision making process and development will only be permitted subject to its justification, including the acceptability of flooding consequences, in accordance with TAN15; and  Zone C2 - As Zone C1 except that emergency services and highly vulnerable development (e.g. residential development) will not be permitted.

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2.4.32 Highly Vulnerable Development and Emergency Services will not be permitted in areas at high risk of flooding. No other development will be permitted within an area at high risk of flooding unless it can be demonstrated that the development is of strategic importance and that the consequences of any flooding would be acceptable for the development proposal. For a development to be considered of strategic importance its location in zone C1 or C2 must be necessary to assist, or be part of, a local authority regeneration initiative or strategy or key employment objective to sustain an existing settlement or region. It must also concur with the aims of PPW and be sited on previously developed land.

2.4.33 Should the location of development be justified, a flood consequences assessment, commensurate with the scale and nature of the development, must be undertaken to address and resolve the flood risk issues, as outlined in Section 7 and Appendix 1 of TAN15. Where the flood consequences assessment has demonstrated that mitigating measures are necessary and in principle feasible, then such provision will be subject to a suitable planning condition requiring completion of necessary works prior to commencement of the built development. In addition, the developer may be requested to enter into a Section 106 obligation/agreement to make provision for the long-term maintenance/replacement of any mitigation works.

2.4.34 In preparing the UDP, in light of the guidance contained within TAN15, the Council has consulted the Environment Agency Wales, Powysland Internal Drainage Board and the Council’s Land Drainage Section, as part of an assessment of all allocated sites to ascertain whether sites are at risk from flooding or likely to exacerbate flooding elsewhere. Reference is made in the settlement descriptions to any settlement with known and recurrent flooding problems.

2.5 Strategic Part One Policies

2.5.1 The Plan’s strategic vision, strategic aims and sustainable growth strategy and settlement hierarchy set out in the preceding sections provide the overall strategy and strategic direction of the UDP. Part 1 policies listed below have been devised from this strategy taking account of the aspirations of the County Council and the needs of Powys residents and other interested parties. They provide the strategic framework for the detailed policies and proposals in Part 2 of the UDP and have been written to accord with Local, National and European Policy. They have been assessed – via the Sustainability Appraisal and Strategic Environmental Assessment – which has found that they provide a sound sustainable and environmental policy platform.

UDP SP1 - SOCIAL, COMMUNITY AND CULTURAL SUSTAINABILITY

IN ASSESSING PROPOSALS FOR NEW DEVELOPMENT DUE REGARD WILL BE GIVEN TO THE NEED TO SUSTAIN AND WHERE POSSIBLE ENHANCE THE SOCIAL, CULTURAL AND LINGUISTIC CHARACTERISTICS OF THE AREA AND TO THE CONTRIBUTION THAT THE PROPOSALS CAN MAKE TOWARDS MEETING THE NEEDS OF LOCAL COMMUNITIES AND RESIDENTS.

UDP SP2 - STRATEGIC SETTLEMENT HIERARCHY

LAND IS ALLOCATED FOR DEVELOPMENT TO REFLECT THE NEEDS OF EACH PLANNING AREA / COMMUNITY, THE CAPACITY OF EACH SETTLEMENT / COMMUNITY, AND THE PRINCIPLES OF SUSTAINABILITY IN ACCORDANCE WITH THE FOLLOWING SETTLEMENT HIERARCHY:

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AREA CENTRES KEY SETTLEMENTS LARGE VILLAGES SMALL VILLAGES RURAL SETTLEMENTS COUNTRYSIDE

UDP SP 3 - NATURAL, HISTORIC AND BUILT HERITAGE

A. IN ORDER TO SAFEGUARD THE NATURAL HERITAGE OF POWYS, DEVELOPMENT PROPOSALS WILL BE EXPECTED TO TAKE ACCOUNT OF THE NEED TO PROTECT, CONSERVE AND WHEREVER POSSIBLE ENHANCE SITES AND FEATURES OF IMPORTANCE FOR THEIR AESTHETIC, AMENITY, BIODIVERSITY, ECOLOGICAL, GEOLOGICAL, NATURE CONSERVATION, PHYSIO-GRAPHICAL AND SCIENTIFIC VALUE.

B. PROPOSALS FOR DEVELOPMENT SHOULD SEEK TO PROTECT, CONSERVE AND WHEREVER POSSIBLE ENHANCE SITES AND FEATURES OF HISTORIC AND BUILT HERITAGE IMPORTANCE INCLUDING THOSE OF ARCHAEOLOGICAL, ARCHITECTURAL, HERITAGE CONSERVATION AND HISTORIC INTEREST.

UDP SP4 - ECONOMIC AND EMPLOYMENT DEVELOPMENTS

UP TO 55 HECTARES OF LAND IS ALLOCATED FOR EMPLOYMENT RELATED DEVELOPMENTS BETWEEN MID 2001 AND MID 2016 AND DEVELOPMENTS FOR THESE PURPOSES ON SUCH ALLOCATED SITES WILL BE ACCEPTABLE. DEVELOPMENTS ON OTHER ADDITIONAL SITES IN APPROPRIATE LOCATIONS WILL ONLY BE ACCEPTABLE WHERE THEY WOULD:

i. SUPPORT AND ACCORD WITH THE COUNCIL’S STRATEGIC SETTLEMENT HIERARCHY. ii. ENCOURAGE AND FACILITATE SUSTAINABILITY. iii. DIVERSIFY OR STRENGTHEN THE LOCAL ECONOMY. iv. CONTRIBUTE TO COUNTERING THE EFFECTS OF AGRICULTURAL RESTRUCTURING; OR v. TAKE ADVANTAGE OF OPPORTUNITIES TO PROCESS AND ADD VALUE TO LOCAL AGRICULTURAL, FORESTRY AND OTHER PRODUCE; OR vi. SUPPORT THE NEED FOR REGENERATION AND JOB CREATION; OR vii. SUSTAIN THE VITALITY / VIABILITY OF COMMUNITIES, INCLUDING THE PROVISION OF SMALL VILLAGE WORKSHOPS; AND / OR viii. TAKE ADVANTAGE OF THE POTENTIAL OFFERED BY E-COMMERCE AND INFORMATION TECHNOLOGY.

UDP SP5 - HOUSING DEVELOPMENTS

SUFFICIENT LAND IS ALLOCATED, INCLUDING APPROPRIATE EXISTING ALLOCATIONS AND COMMITMENTS, TO ACCOMMODATE UP TO APPROXIMATELY 6140 ADDITIONAL DWELLINGS (410 PER ANNUM) BETWEEN MID 2001 AND MID 2016, IN ACCORDANCE WITH THE COUNCIL’S STRATEGIC SETTLEMENT HIERARCHY.

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UDP SP6 - DEVELOPMENT AND TRANSPORT

DEVELOPMENTS WHICH WOULD MAINTAIN AND IMPROVE THE TRANSPORTATION INFRASTRUCTURE AND COMMUNICATIONS IN POWYS OR WHICH WOULD ENABLE ACCESS BY PUBLIC TRANSPORT SERVICES, FOR CYCLISTS OR PEDESTRIANS WILL BE ACCEPTABLE ESPECIALLY WHERE THEY:

i. MEET THE ECONOMIC, SOCIAL AND RECREATIONAL NEEDS OF ALL RESIDENTS / VISITORS; ii. INCREASE ACCESS TO SERVICES AND FACILITIES; iii. CO-ORDINATE LAND USES AND ACTIVITIES TO REDUCE THE NEED TO TRAVEL OR TRANSPORT GOODS; iv. HELP COMMUNITIES TO BE SELF-SUFFICIENT AND SUSTAINABLE; v. MAKE THE TRANSPORT NETWORK MORE EFFICIENT, EFFECTIVE AND SAFE; vi. IMPROVE THE N-S AND E-W STRATEGIC ROAD LINKS; vii. DEVELOP THE USE OF RAIL SERVICES; viii. PROVIDE ADDITIONAL SAFE, EFFICIENT AND EFFECTIVE PUBLIC TRANSPORT OPPORTUNITIES; ix. SUPPORT THE PROVISION OF AND ENCOURAGE THE USE OF LOCAL AND LONG DISTANCE FOOTPATHS, CYCLEWAYS AND BRIDLEWAYS; AND / OR x. MAKE A CONTRIBUTION TOWARDS SUSTAINABILITY, E.G. BY REDUCING TRAFFIC MOVEMENTS.

UDP SP7 - RETAIL DEVELOPMENTS. LEISURE AND OTHER TOWN CENTRE USES

RETAIL, LEISURE AND OTHER APPROPRIATE TOWN CENTRE DEVELOPMENTS WILL BE ACCEPTABLE WHERE THEY CAN DEMONSTRATE THAT THEY:

i. ARE IN ACCORDANCE WITH THE COUNTY'S SUSTAINABLE GROWTH STRATEGY AND SETTLEMENT HIERARCHY. ii. SUSTAIN AND ENHANCE THE EXISTING PROVISIONS OF THE COUNTY. iii. SUSTAIN AND ENHANCE THE VIABILITY, VITALITY AND ATTRACTIVENESS OF TOWN CENTRES. iv. SATISFY THE SEQUENTIAL TEST FOR THE LOCATION OF DEVELOPMENT. v. WHERE THE DEVELOPMENT LIES OUTSIDE AN EXISTING TOWN CENTRE SATISFY A PROVEN NEED FOR ADDITIONAL PROVISION.

UDP SP8 - TOURISM DEVELOPMENTS

TOURISM DEVELOPMENTS APPROPRIATE IN SCALE AND APPEARANCE TO THE LOCALITY AND COMMUNITY WILL BE ACCEPTABLE WHERE THEY WOULD:

i. IMPROVE VISITOR FACILITIES; ii. EXTEND THE VISITOR SEASON SUCH AS BY THE PROVISION OF ALL WEATHER FACILITIES; iii. HELP TO SUSTAIN THE LOCAL ECONOMY; iv. ALSO BE AVAILABLE TO LOCAL RESIDENTS; AND / OR v. MAKE A CONTRIBUTION TOWARDS SUSTAINABILITY, E.G. BY REDUCING TRAFFIC MOVEMENTS OR BY BEING ENERGY EFFICIENT.

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UDP SP9 - LOCAL COMMUNITY SERVICES AND FACILITIES

DEVELOPMENTS THAT ENCOURAGE, SUSTAIN AND FACILITATE THE PROVISION OF LOCAL COMMUNITY SERVICES AND FACILITIES IN APPROPRIATE LOCATIONS THROUGHOUT THE COUNTY, IN ACCORDANCE WITH THE COUNCIL’S STRATEGIC SETTLEMENT HIERARCHY, WILL BE PERMITTED, INCLUDING:

i. SCHOOLS, ESPECIALLY WITH COMBINED USE FACILITIES; ii. TELECENTRES; iii. COMMUNITY HALLS; iv. SUB POST OFFICES, LOCAL SHOPS AND PUBS; v. COMMUNITY HOSPITALS AND DOCTOR’S SURGERIES; vi. EMERGENCY SERVICES; vii. COMMUNITY OR SOCIAL FACILITIES; AND viii. PLAYING FIELDS AND PLAY AREAS.

UDP SP10 - MINERALS DEVELOPMENTS

THE EXTRACTION OF MINERAL RESOURCES WILL BE PERMITTED UNDER CIRCUMSTANCES WHERE: i. ADVERSE ENVIRONMENTAL IMPACTS ARE AVOIDED OR MINIMISED TO ACCEPTABLE STANDARDS AS IDENTIFIED IN THE POLICY MW1 CRITERIA. ii. IT IS IN THE LOCAL, REGIONAL AND/OR UK INTEREST FOR THAT EXTRACTION TO TAKE PLACE; AND iii. WHERE SIMILAR PRODUCTS CANNOT BE READILY SUPPLIED FROM SECONDARY AND RECYCLED SOURCES.

WHERE VALUABLE MINERAL RESOURCES EXIST, THEY WILL BE SAFEGUARDED FROM STERILISATION RESULTING FROM ALTERNATIVE DEVELOPMENT.

UDP SP11 - WASTE MANAGEMENT

AS DETAILED IN THE PUBLISHED REGIONAL WASTE PLANS AND WASTE MANAGEMENT STRATEGY AND RECYCLING PLAN, THE PROVISION OF AN INTEGRATED AND ADEQUATE NETWORK OF WASTE MANAGEMENT FACILITIES IS SUPPORTED. ALL DEVELOPMENT PROPOSALS SHOULD INCORPORATE SUSTAINABLE PRINCIPLES FOR WASTE MANAGEMENT PROCESSES. PROPOSALS FOR DEVELOPMENT WILL BE ASSESSED SEQUENTIALLY AS TO WHETHER THEY WOULD: i. REDUCE THE CREATION OF WASTE; ii. RE-USE WASTE; iii. RE-CYCLE OR RECOVER WASTE; iv. CONVERT WASTE TO ENERGY; v. DISPOSE OF WASTE TO LANDFILL WITH MINIMUM ENVIRONMENTAL IMPACT.

PROPOSALS FOR SITES AND FACILITIES THAT WOULD RE-USE, RE-CYCLE, RECOVER, TREAT OR SAFELY DISPOSE OF WASTE WILL BE REQUIRED TO DEMONSTRATE THAT THEY ARE THE MOST SUSTAINABLE OPTION.

Part One Strategic Policies 27 Powys County Council UDP 2001-2016 Adopted March 2010 ______

UDP SP12 - ENERGY CONSERVATION AND GENERATION

A. ALL DEVELOPMENTS SHALL DEMONSTRATE THAT ENERGY CONSERVATION AND EFFICIENCY MEASURES HAVE BEEN CONSIDERED AND, WHERE PRACTICABLE, INCORPORATED. B. PROPOSALS FOR ENERGY GENERATION FROM RENEWABLE SOURCES WILL BE APPROVED PROVIDING THAT THEY MEET THE LANDSCAPE, ENVIRONMENTAL, AMENITY AND OTHER REQUIREMENTS SET OUT IN THIS PLAN.

UDP SP13 - UTILITIES / SERVICE INFRASTRUCTURE

IN ACCORDANCE WITH THE STRATEGIC SETTLEMENT HIERARCHY AND SUBJECT TO THE POLICIES OF THIS PLAN NEW DEVELOPMENT WILL BE ACCEPTABLE IN THOSE LOCATIONS WHERE APPROPRIATE UTILITY SERVICE INFRASTRUCTURES ARE AVAILABLE OR PROGRAMMED. WHERE NEW FACILITIES ARE TO BE PROVIDED, PERMISSION FOR DEVELOPMENT WILL BE PHASED TO ACCORD WITH THE AVAILABILITY FOR USE OF THOSE FACILITIES.

UDP SP14 - DEVELOPMENT IN FLOOD RISK AREAS

HIGHLY VULNERABLE DEVELOPMENT AND EMERGENCY SERVICES WILL NOT BE PERMITTED IN ZONE C2. NO OTHER DEVELOPMENT WILL BE PERMITTED WITHIN AN AREA OF HIGH RISK OF FLOODING UNLESS IT CAN BE DEMONSTRATED THAT THE DEVELOPMENT IS OF STRATEGIC IMPORTANCE AND THAT THE CONSEQUENCES OF ANY FLOODING WOULD BE ACCEPTABLE FOR THE DEVELOPMENT PROPOSED AND THAT IT WOULD NOT GIVE RISE TO ANY UNACCEPTABLE FLOODING IMPACTS ELSEWHERE. FOR SUCH DEVELOPMENTS TO BE PERMITTED, THEY MUST ENSURE THE PROVISION OF APPROPRIATE AND ENVIRONMENTALLY SYMPATHETIC FLOOD MITIGATION AND / OR COMPENSATORY MEASURES.

Part One Strategic Policies 28 Powys County Council UDP 2001-2016 Adopted March 2010 ______

Part Two

Generic Policies 29 Powys County Council UDP 2001-2016 Adopted March 2010 ______

3: Generic Policies

3.1 Introduction

3.1.1 The plan-led system for development control requires all planning applications to be determined in accordance with the relevant policies of the UDP unless material considerations indicate otherwise. This chapter sets out general development control and design policies that apply to all planning applications and they should be read alongside relevant or specific policies found elsewhere in the Plan.

3.1.2 At the end of this section is the Council’s policy on the conversion and re-use of existing buildings in the countryside. This policy cuts across several different chapter topics and, as with the general development control and design policies, is stated here to avoid duplication and repetition throughout the UDP.

3.2 General Development Control Policy

3.2.1 The following is a key policy in the Unitary Development Plan and provides the general development control context for all development proposals. For any development to be acceptable, it must first meet the criteria in this policy. The criteria address the main issues encountered when considering planning applications such as design, access, drainage, services and the effect on amenities, the environment and heritage. These requirements must be satisfied if a proposal is to be considered appropriate in general terms and before it can be assessed against more detailed policies specific to that type of development as contained in the other chapters of this plan.

POLICY GP1 – DEVELOPMENT CONTROL

DEVELOPMENT PROPOSALS WILL ONLY BE PERMITTED IF THEY TAKE INTO ACCOUNT – WHERE APPROPRIATE – THE FOLLOWING:

1. THE DESIGN, LAYOUT SIZE, SCALE, MASS AND MATERIALS OF THE DEVELOPMENT SHALL COMPLEMENT AND WHERE POSSIBLE ENHANCE THE CHARACTER OF THE SURROUNDING AREA; 2. THE DESIGN, LAYOUT AND LIGHTING OF THE DEVELOPMENT SHALL MINIMISE THE POTENTIAL FOR CRIME; 3. THE AMENITIES ENJOYED BY THE OCCUPANTS OF NEARBY OR PROPOSED PROPERTIES SHALL NOT BE UNACCEPTABLY AFFECTED BY LEVELS OF NOISE, LIGHT, DUST, ODOUR, HOURS OF OPERATION OR ANY OTHER PLANNING MATTER; 4. ADEQUATE UTILITY SERVICES SHALL EXIST OR BE CAPABLE OF BEING READILY AND ECONOMICALLY PROVIDED WITHOUT UNACCEPTABLE ADVERSE EFFECT ON THE SURROUNDING ENVIRONMENT; 5. IMPORTANT TREES, HEDGEROWS, STONE WALLS, OPEN SPACES AND OTHER LOCAL FEATURES THAT CONTRIBUTE SIGNIFICANTLY TO THE QUALITY AND CHARACTER OF THE LOCAL ENVIRONMENT SHALL BE SAFEGUARDED AND, WHERE PRACTICABLE, ENHANCED;

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6. DEVELOPMENTS SHALL BE LANDSCAPED USING APPROPRIATE INDIGENOUS SPECIES OR MATERIALS WHICH COMPLEMENT AND ENHANCE THE CHARACTER OF THE LOCALITY.

ADDITIONALLY, DEVELOPMENT PROPOSALS MUST TAKE INTO ACCOUNT:

A. THE NEEDS OF ALL TRANSPORT USERS, ESPECIALLY PEDESTRIANS AND CYCLISTS (POLICIES T4 AND T6); B. THE NEEDS OF THOSE WITH DISABILITIES AND MOBILITY IMPAIRMENT (POLICIES T4 AND DC1); C. FEATURES AND DESIGNATED OR PROPOSED SITES OF NATURAL, HISTORIC, ARCHAEOLOGICAL OR BUILT HERITAGE INTEREST (POLICIES ENV4, ETC); D. THE PROTECTION OF WATER AND SOIL QUALITY (POLICIES DC9, DC10 AND DC11); E. THE NEED FOR ADEQUATE DRAINAGE (POLICIES DC10, DC11 AND DC13); F. FLOOD RISK (POLICIES SP14, DC13 AND DC14); G. HIGHWAY ACCESS AND PARKING (GP4). H. THE DEVELOPMENT SHALL INCORPORATE APPROPRIATE MEASURES FOR ENERGY, WATER AND WASTE EFFICIENCY AND CONSERVATION (GP3).

3.3 Planning Conditions and Obligations

3.3.1 Planning conditions and obligations are used to improve the quality of development and to ensure that development is acceptable and able to proceed in circumstances where it would otherwise be refused. Conditions will be attached to all planning consents, where necessary, to control specified aspects of development and possibly future after uses of a site.

3.3.2 Planning Policy Wales (2002) states that “When granting planning permission local planning authorities may seek to enter into a planning obligation with a developer to:

 restrict development or use of land;  require operations or activities to be carried out in, on, under or over the land;  require the land to be used in a specified way; or  require payments to be made to the authority either in a single sum or periodically.”

3.3.3 Planning gain usually arises in situations where benefits are sought for the wider community as part of a development. This is only legitimate where the benefits are relevant and reasonably related to a development and required to enable the development to proceed. Planning Policy Wales (2002) stresses that unacceptable developments should never be allowed because of unrelated benefits. Any benefit sought must therefore be related in scale and kind to the development and necessary to the grant of permission. Where contributions made as a result of a planning obligation remain unspent after a period of five years, these will be returned to the developer. Circulars 13/97 Planning Obligations and 35/95 The Use of Conditions in Planning Applications provide further advice and supplementary planning guidance (SPG) on Planning Obligations is also proposed. (See Section 3.7).

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3.3.4 Instances where planning obligations will be sought are contained in policies relevant to that type of development in the appropriate chapter of this Plan but may include:

a) The provision and maintenance of open space and recreational areas in developments. b) Provision of cycle-ways or footpaths. c) The provision of community facilities e.g. bus shelters, extra car parking, improved highway access. d) Securing the provision of an element of affordable housing in residential schemes and ensuring it is retained in perpetuity for such a purpose. e) Provision or improvement of infrastructure to serve a development. f) Provision, maintenance and management of recycling or composting facilities. g) Traffic management and improved accessibility to public transport (e.g. contributions towards public transport services) and cycle/footpath routes. h) Ensuring rural dwellings are attached to the rural business (planning unit) that justified the need for the dwelling. i) Improvements to access for disabled people over and above the minimum requirements of Part M of the Building Regulations or the Disability Discrimination Act 1995. j) Measures to offset (through substitution, replacement or regeneration) the loss of or impact on a nature conservation resource present on the site or nearby. k) Measures to protect or reduce harm to protected sites or species of acknowledged nature conservation importance. l) Provision or improvement of lorry parking facilities as part of new or extended industrial estate developments.

3.3.5 In drawing up development briefs, the Council will identify where planning obligations are likely to be needed for specific sites. The settlement descriptions accompanying each inset map also indicate where infrastructure capacity is limited and planning obligations can be expected to secure the requisite provision.

POLICY GP2 – PLANNING OBLIGATIONS PLANNING OBLIGATIONS WILL BE SOUGHT BY AGREEMENT WITH APPLICANTS, WHERE APPROPRIATE, TO ENSURE THAT: 1. THE DEVELOPMENT PROVIDES FOR ADEQUATE INFRASTRUCTURE NECESSARY TO SERVE THE PROPOSAL, AND THAT SATISFACTORY MAINTENANCE ARRANGEMENTS ARE ACHIEVED; 2. BENEFITS IN THE PUBLIC INTEREST ARE SECURED WHERE THESE ARE RELEVANT AND REASONABLY RELATED TO THE PROPOSAL, AND REQUIRED TO ENABLE IT TO PROCEED.

3.4 The Design Process

3.4.1 The geographical scale of Powys provides a rich diversity in the design, architectural styles and traditions of buildings found across the region. This section provides a process that all planning applications should follow to ensure that good standards of design in development are achieved. More detailed guidance and advice on design will be addressed through the preparation of SPG, such as the Powys Residential Design Guide that has been prepared alongside the UDP.

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3.4.2 The design process should follow the order of the following three stages:

Stage 1 - Site Appraisal

A good design must initially be informed by a thorough appraisal of a site’s features such as watercourses, wetlands, ponds, trees, hedges, natural and built heritage features and archaeology. It should also consider its topography, aspect, important views, access, landscape and surroundings, neighbouring uses, microclimate, local architecture and other characteristics. All these factors will interact as possible opportunities or constraints and will determine the design, size, scale, layout, and massing of the development. They will also influence the interaction between buildings, spaces, streets, pavements and footpaths.

Stage 2 - The Concept Plan

Using the knowledge obtained from the site appraisal, a simple concept plan should be drawn up. This should be an annotated or sketch plan which will identify the main findings of the site appraisal and should show in broad terms how the site could be developed. Together, the site appraisal and the Concept Plan, provide a sound basis with which to initiate discussions with the County Council prior to the submission of a detailed planning application. Discussions at this stage will also enable the Council to identify particular needs (e.g. the inclusion of affordable housing) and the requirement for additional information to enable the proper determination of the planning application. It may also be appropriate at this stage for the applicant to carry out some pre-application consultations with the local community and other interested parties to elicit their views and aspirations.

Stage 3 - Detailed Plans, Drawings and Design Statements

Only after passing through the above stages, should applicants begin to draw up detailed plans of their proposals that reflect the findings of the first two stages. The planning application should be accompanied by a Design Statement which should provide an illustrated (e.g. with plans, photographs or perspectives of elevations) and written explanation on how the chosen design has been reached and how it reflects Stages 1 and 2 in the design process.

In particular the statement should explain the following issues: a) the design principles and concept; b) how these are reflected in the development’s location, layout, density, scale, detailed design and landscape; c) how the design relates to its site and wider context including neighbouring uses and considerations such as noise; and d) how the development will meet UDP design policies and SPG requirements, such as for energy conservation.

The level of detail required in the Design Statement will depend on the nature and scale of the development and the sensitivity of its location but the Council will expect all detailed planning applications to provide comprehensive details of design.

3.5 Energy Conservation and Design

3.5.1 Energy reduction and conservation are encouraged by the Council in recognition that the efficient use of energy can have major environmental benefits and lead to the more sustainable use of resources. The UDP aims to achieve this in a

Generic Policies 33 Powys County Council UDP 2001-2016 Adopted March 2010 ______number of ways. At a strategic level, the Sustainable Strategic Settlement Hierarchy advocated in Part I seeks to allocate the majority of future development to locations where numbers and distances of trips are minimised. Moreover, at a local level, careful site selection and building design can also reduce energy consumption. In practice, these ideas have been developed and implemented by the Centre for Alternative Technology and are being promoted by the Dyfi Eco Valley Partnership which has established a Community Renewable Energy Project aimed at helping local people install specific schemes to generate energy from the sun, wood, water or wind. One project is a Solar Club, which trains people to install their own solar water heating systems. Further advice on utilising passive forms of energy and heating will be incorporated within SPG.

3.5.2 The Council supports the use of construction materials, techniques and designs that maximise the efficient use and conservation of energy and resources. South facing locations and buildings orientated to face southwards are able to take advantage of passive solar heating whereas shady, windy or exposed locations should ideally be avoided, although where this is not possible tree planting to create shelter may help to reduce energy loss. Materials that have been recycled or are available locally can also reduce energy consumption during the construction process.

POLICY GP3 – DESIGN AND ENERGY CONSERVATION

ALL PROPOSALS FOR DEVELOPMENT SHOULD MAKE A POSITIVE CONTRIBUTION TO THEIR LOCAL ENVIRONMENT AND COMMUNITY THROUGH IMAGINATIVE AND GOOD QUALITY DESIGN, LAYOUT, MATERIALS AND LANDSCAPING IN ACCORDANCE WITH THE POLICIES OF THE UDP. A DESIGN STATEMENT SHALL ACCOMPANY ALL DETAILED APPLICATIONS AND WILL DESCRIBE THE ACTIONS TAKEN TO DESIGN AND ADAPT THE DEVELOPMENT TO FIT ITS LOCATION. WHEREVER PRACTICABLE, DEVELOPMENTS SHALL BE DESIGNED TO REDUCE ENERGY CONSUMPTION AND MAXIMISE ENERGY CONSERVATION THROUGH THE USE OF APPROPRIATE MATERIALS, DESIGN, LAYOUT AND ORIENTATION.

3.6 Highway and Parking Matters

3.6.1 Highway aspects are an important consideration for most planning applications, especially the implications they have on highway safety, the environment, local communities, and the economy. This section provides the Council’s general highway policy for assessing all development proposals and should be read in conjunction with the UDP’s Transport Chapter. The Council’s interim Highways Design Guide provides detailed design advice and guidance on a range of highway matters including parking guidelines, highway design, cycling, junctions and visibility, traffic calming, etc.

3.6.2 In the interests of highway safety, all development proposals that generate or involve traffic must be provided with adequate means of access and parking and the relevant Highway Authority (County Council or Welsh Assembly Government) will be consulted on all planning applications. Further advice and guidance on access and parking is provided by TAN18 Transport (2007) and the Council’s Highways Design Guide. For larger development generating significant traffic, transport assessments and travel plans may be required as outlined in the transport chapter.

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3.6.3 Planning Policy Wales (2002) indicates that maximum parking standards should be adopted and that these parking standards should reflect local transport provision. In keeping with this advice, the Council will generally seek to ensure that car parking provision is kept as low as possible commensurate with the development’s needs, access to other means of travel and general highway and environmental considerations.

3.6.4 This approach realises that not all development needs to assume maximum level of car use, particularly in the case for new housing located in those settlements where services and facilities can be accessed by either public transport, walking or cycling. Similarly, within town centres it would not be physically possible to ensure that each individual development provides car parking commensurate with the Council’s ideal standards. This is also the case in conservation areas and other sensitive locations where the environmental quality could be adversely affected by too great a provision of parking spaces. For development in such areas, the Council therefore may seek a level of parking provision below the maximum standard where this would not lead to an unacceptable increase in parking on the highway. In more isolated settlements the parking provision may be greater to reflect the difficulty in accessing other forms of transport and the lower levels of services and facilities available but in such cases, environmental quality, the free flow of traffic and highway safety must not be compromised.

3.6.5 In all residential developments the Council will seek to ensure that parking is provided off street, for example on driveways in garages or dedicated parking areas. This reflects the desire to create residential developments that are designed around the pedestrian, rather than the car, thus creating friendly, safer streets. However, off- street parking provision will be unacceptable where it would lead to the deterioration in the character and amenity of the local environment and street scene. For instance, the use of front gardens within Conservation Areas for parking space will not generally be acceptable because it will harm the area’s character and appearance through the loss of gardens and important local features, such as walls, hedges and trees.

POLICY GP4 - HIGHWAY AND PARKING REQUIREMENTS

PERMISSION FOR DEVELOPMENT PROPOSALS WILL BE DEPENDENT ON ADEQUATE PROVISION FOR:

1. HIGHWAY ACCESS INCLUDING VISIBILITY, TURNING, PASSING, DROPPED KERBS, CIRCULATION, AND SERVICING SPACE. 2. PARKING IN COMPLIANCE WITH THE COUNTY COUNCIL’S GUIDELINES. THE STANDARD OF PARKING PROVISION REQUIRED WILL BE DETERMINED BY BOTH THE NATURE AND LOCATION OF THE DEVELOPMENT, ITS ACCESSIBILITY TO SERVICES BY PUBLIC TRANSPORT, WALKING OR CYCLING, ENVIRONMENTAL CONSIDERATIONS AND ANY TRANSPORT ASSESSMENT AND TRAVEL PLAN REQUIRED UNDER UDP POLICY T3.

IN SUPPORT OF THE PRINCIPLE OF MAXIMUM PARKING STANDARDS, PLANNING OBLIGATIONS MAY BE SOUGHT FOR IMPROVEMENTS TO PUBLIC TRANSPORT SERVICES AND/OR FACILITIES FOR WALKING AND CYCLING. ALL PARKING AREAS SHOULD BE WELL DESIGNED IN TERMS OF SAFETY, CIRCULATION AND APPEARANCE AND ASSIST ACCESS BY PEDESTRIANS, CYCLISTS AND THE MOBILITY IMPAIRED.

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PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT LIKELY TO RESULT IN AN INCREASE IN ON-STREET PARKING WHERE IT WOULD HAVE AN UNACCEPTABLE ADVERSE EFFECT UPON TRAFFIC FLOWS, BUS MOVEMENT, HIGHWAY SAFETY, THE AMENITIES OF LOCAL RESIDENTS OR THE LOCAL ENVIRONMENT.

3.7 Supplementary Planning Guidance

3.7.1 In order to keep the UDP succinct it is not appropriate for the plan to provide explicit detail on every topic or for every site. Instead it is more appropriate that Supplementary Planning Guidance (SPG), which the Council will prepare in the context of the UDP to complement its policies, addresses these detailed issues. Appendix 3 lists the SPGs that the Council proposes to prepare. Sometimes, but not always, the Council will approve SPG that has been prepared by other organisations such as Village Design Statements but ideally the Council should be an active participant in formulating such guidance. Where SPG has been prepared it will form a material consideration and will be taken into account when determining planning applications.

3.7.2 During the preparation and life of the UDP, the County Council proposes to prepare SPG in the form of development briefs and design guides. Where possible, this SPG will be incorporated within the Plan making process so that it can be subjected to simultaneous public consultation. Where this is not possible, consultation will be undertaken as and when the SPG is being drawn up with relevant interest groups such as the Local Highway Authority, utility companies and the public. SPG will take the form of:

 Development briefs - these will set out the Council’s design expectations and requirements for the development of large, complex or sensitive sites.  Design guides - these will provide guidance to applicants, developers, architects, Council departments and others on particular design matters or themes, and in particular include those listed in Appendix 3.

3.7.3 There is also a vast number of other guidance notes, plans or strategies which have or are in the process of being prepared by the County Council, such as the Community Strategy, Waste Management Strategy and Local Housing Strategy. These are not land use planning documents but each has implications for the development and use of land so they may become material to the consideration of planning applications.

3.8 Environmental Impact Assessment (EIA)

3.8.1 Large scale and complex development proposals and development proposals in sensitive areas can impact on the environment in many ways. To aid a fuller understanding of these effects, applicants for specific development proposals likely to have significant environmental effects are required to submit an Environmental Statement (ES) alongside a planning application as part of the Environmental Impact Assessment process. Proposals requiring an EIA are specified by Regulations [The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, as amended]. Applications will be screened by the Council to determine whether an EIA is required, and where necessary,

Generic Policies 36 Powys County Council UDP 2001-2016 Adopted March 2010 ______agreement should be reached over the scope and methodology before it is commenced. (Further advice on EIA is found in Welsh Office Circular 11/99).

3.9 Welsh Language

3.9.1 The Welsh language is an important component of the social fabric of the County. In 2001 the Welsh language was spoken by 20.8% of the population of the County. This compares with a figure of 20.5% for Wales as a whole. A high proportion of the County’s Welsh speakers exists within the 3 to 15 years age group, with 39.7% in Powys being able to speak Welsh. North and southwest Powys have the highest proportion of Welsh speakers, although strongholds of the language are also found in certain rural areas. The County Council is conscious that it has a role in sustaining and fostering the Welsh language heritage and has adopted a Welsh Language Scheme applicable to the delivery of all of its services. Accordingly, the promotion and protection of the Welsh language is considered to be an important policy issue for Powys County Council.

3.9.2 From a land use planning perspective, it is important that future development is assessed to ensure the needs and interests of Welsh-speaking communities are sustained and not harmed, as recognised by the Welsh Assembly Government’s TAN20 The Welsh Language (June 2000). Similarly, Planning Policy Wales, 2002 recognises that the Welsh language forms “part of the social and cultural fabric of Wales”, and that land use planning can contribute towards its well being by developing land use strategies that take account of the impact new developments may have on the Welsh language. In developing such strategies, the Welsh Assembly Government indicates that:

”…local planning authorities should consider whether they have communities where the use of the Welsh language is part of the social fabric, and where this is so it is appropriate that this be taken in to account in the formulation of land use policies.” (Planning Policy Wales, 2002, page 28, para 2.10.2).

3.9.3 However, the document also highlights the importance of ensuring that policies should not seek to discriminate against individual needs on the basis of their linguistic ability and should not, for example, seek to control housing occupancy on linguistic grounds. To this end, the Council’s Sustainable Strategic Settlement Hierarchy ensures that housing and other development is appropriate to the character, scale and location of the settlement. Similarly, Strategic Policy UDP SP1 Social, Community and Cultural Sustainability also recognises that development proposals need careful consideration, to ensure that new development positively contributes towards community life.

3.9.4 Within Powys exist particular communities where the Welsh language is a significant social and community characteristic. Therefore, in keeping with Planning Policy Wales, 2002, the Council has adopted a precautionary approach aimed to safeguard those communities where the Welsh language is considered to be central to the social and cultural characteristics of community life. To this end the following communities have been identified by the Council as forming part of the Welsh cultural heartland and the settlements that lie within them require special planning policy attention to safeguard their community characteristics that are founded on the Welsh language. The justification for this being that 30% or more of the resident population aged three and over speak Welsh (2001 Census).

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Banwy Llanfair Caereinion Llanwddyn Cadfarch Llanfihangel Machynlleth Carno Llanfyllin Penybontfawr Dwyriw Llangyniew Tawe Uchaf Glantwymyn Llangynog Trefeglwys Llanbrynmair Llanrhaeadr-ym-Mochnant Ystradgynlais Llanerfyl Llansilin

3.9.5 Consequently, where the Council has identified settlements where the Welsh language is judged to be an integral part of the cultural and social identity, the Council may seek legally binding arrangements to ensure that developments take account of the Welsh language and culture of these settlements. Some of the settlements within these communities, particularly the area centres, have a strategic planning function where allocations are necessary to serve the needs of the wider area. The Council considers that the key issues in relation to planning and the language are the location, scale and phasing of development. The UDP takes account of the Welsh language by using the language consideration as one influence upon the proposals for the settlement, housing and employment land policies. In terms of housing provision, one way in which the developer can demonstrate that the language has been taken into account is by ensuring there is provision of affordable homes in line with the affordable housing policies in the plan. The proportion of the housing development retained in this way will be the subject of negotiation. This approach would not seek to restrict occupancy on grounds of linguistic ability but rather recognises that those meeting the eligibility criteria are more likely to be able to support the Welsh language and culture. The loss of community and social facilities can also cause significant and lasting harm to the character of communities and this can be particularly heightened in Welsh speaking areas where the linguistic and cultural balance is fragile.

3.9.6 The Council has contributed towards a Linguistic Impact Study, and the results of this together with the results of the 2001 Census, the Community Planning process and Iaith Pawb : A National Action Plan for a Bilingual Wales (WAG, 2003) will be used in the preparation of supplementary planning guidance. This will detail the recommended approach for measuring "significant harm", and the ways in which developments can contribute to the well being of the Welsh language. The Council shall also use this information to prepare monitoring reports on the impact of the Plan on the Welsh language within Powys.

POLICY GP5 - WELSH LANGUAGE AND CULTURE

IN THE FOLLOWING SETTLEMENTS, THE WELSH LANGUAGE HAS BEEN IDENTIFIED AS BEING IMPORTANT TO THE SOCIAL, CULTURAL AND COMMUNITY FABRIC.

WITHIN THE IDENTIFIED SETTLEMENTS PROPOSALS WILL ONLY BE ACCEPTABLE WHERE DEVELOPERS CAN DEMONSTRATE THAT THEY HAVE TAKEN FULL ACCOUNT OF THE IMPORTANCE OF THE WELSH LANGUAGE AND CULTURE, INCLUDING THROUGH THE PROVISION OF AN APPROPRIATE LEVEL OF AFFORDABLE HOMES.

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ABERCEGIR DOLANOG LLANWDDYN ABERCRAF DERWENLAS LLANWRIN ABERHOSAN ESGAIRGEILIOG CEINWS LLAWR Y GLYN ABERTRIDWR FOEL LOWER CWMTWRCH ADFA FORGE MACHYNLLETH BONT DOLGADFAN GLANTWYMYN PENEGOES CAE HOPKIN GURNOS PENRHOS CAER BONT LLAN PENYBONTFAWR CAER LAN LLANBRYNMAIR PONTROBERT CARNO LLANERFYL TALERDDIG CEFN COCH LLANFAIR CAEREINION TREFEGLWYS CEMMAES LLANFIHANGEL UPPER CWMTWRCH COELBREN LLANFYLLIN YSTRADGYNLAIS COMMINS COCH LLANGADFAN YNYS ISAF CWM LLINAU LLANGYNOG YNYS UCHA F CWMGIEDD LLANRHAEADR YM MOCHNANT DAROWEN LLANSILIN

3.10 Conversion of Buildings in the Countryside

3.10.1 In encouraging the re-use of buildings in the countryside, the Council recognises that there are sustainable arguments both for and against such developments. On the positive side, conversions can breathe new economic and social life into rural communities, and they re-use existing buildings and building materials which reduces the need to construct on greenfield sites and for processing new construction materials. However, on the down-side, conversions can create a dispersed pattern of settlement that is likely to generate new and longer trips, as existing buildings are typically remote from shops and other services. The policy below seeks to balance this inherent conflict and places priority on the re-use of buildings for economic uses which will help to diversify and support the rural economy of Powys or for affordable housing, the need for which is explained in section 5.14 of the Plan.

3.10.2 In taking this approach the Council recognises the economic origins of most rural buildings and applicants should firstly seek to identify an employment use for the building to continue its economic role. After this residential use may be acceptable if it forms a sub-ordinate part of an economic development scheme or subsequently if it meets a proven local need for affordable housing. Only where economic or affordable housing uses cannot be attracted after a sustained period of marketing of at least six months will the Council support general residential use or holiday accommodation.

3.10.3 SPG will be prepared by the Council to provide further advice on conversions, particularly on matters of design. TAN6 Agricultural and Rural Development (June 2000) provides the Welsh Assembly Government’s advice on the re-use and adaptation of rural buildings.

3.10.4 Powys has many types and styles of rural buildings ranging from individual stone barns and former chapels through to large farm complexes which have become redundant and are suitable for conversion to new uses. However, not all buildings will be suitable for conversion and re-use, such as cases where the character and integrity of a traditional building would be damaged by the introduction of uncharacteristic features such as dormer windows, porches, chimneys, or where conflicts would arise with a neighbouring use. Given the variety in building styles, each application will need

Generic Policies 39 Powys County Council UDP 2001-2016 Adopted March 2010 ______to be determined on its own merits because some alterations may be negligible and acceptable in one context but not in another.

3.10.5 Also, many of the County’s rural buildings have been long abandoned and deteriorated to such an extent that conversion is no longer feasible and their re- occupation could only be achieved by significant or complete reconstruction. It is important that the existing building is structurally sound and does not require such significant rebuilding or alteration to achieve its new use or the resultant building would be tantamount to the construction of a new building. (N.B. The UDP includes a specific policy for the Renovation of Former/Abandoned Dwellings, Policy HP12 in relation to the provision of agricultural or forestry worker dwellings or affordable housing). Where necessary, applicants will be requested to submit a detailed structural engineer's report on the condition of the building and the works necessary to convert it.

3.10.6 Conversions should avoid the need for significant extension or alteration which may harm the building’s character, its setting and the local landscape. To enable the Council to assess the full impact of development proposals, applications should be accompanied by details of any ancillary development (e.g. sheds, storage areas), car parking, amenity/garden space, boundary treatment, landscaping and any plans for future expansion. Conversions will only be acceptable where they are designed to integrate with their surroundings and should not result in a suburban style of development. Boundary treatment has an immediate impact on visual amenity and should be designed to complement local styles and traditions. In granting planning permission, the Council will generally impose a condition to remove permitted development rights.

3.10.7 Proposals for the conversion of an existing building should not normally give rise to pressure for the erection of replacement buildings as the need for a building for the original use will usually have ceased. However, there may be a case for the provision of replacement buildings where it can be clearly demonstrated that there remains a need to house modern agricultural machinery but where the original building is no longer suitable for that purpose. Details should be provided of any new buildings that are required to accommodate a displaced use at the same time as the planning application, as these may prove unacceptable in their own right.

3.10.8 Conversions of modern buildings to new uses will only be permitted where the Council is satisfied that they have been used legitimately for the purpose for which they were originally constructed. For instance, favourable consideration is unlikely to be given to alternative uses for agricultural buildings that have been constructed for less than five years. The re-use of modern agricultural or industrial buildings for residential use will only be supported where they are of an acceptable design, have been used for a bona fide agricultural or industrial purpose and are structurally sound and capable of conversion without substantial rebuilding.

3.10.9 Many older buildings provide habitats for species protected by law and in circumstances where this arises, measures should be included within the development to protect and accommodate the species. Consultation will be undertaken with the Countryside Council for Wales in this respect and pre-determination assessments, including mitigation measures will be requested where appropriate.

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POLICY GP6 - CONVERSION OF BUILDINGS IN THE COUNTRYSIDE

A. PROPOSALS FOR THE CONVERSION OR RE-USE OF EXISTING BUILDINGS IN THE COUNTRYSIDE WILL BE ASSESSED AGAINST A HIERARCHY OF POTENTIAL AFTER-USES. UNLESS THEY PROVIDE CONVINCING EVIDENCE WITH THEIR APPLICATION THAT A CONVERSION FOR SUCH USES WOULD BE IMPRACTICAL, APPLICANTS SHOULD DEMONSTRATE THAT THEY HAVE FIRST MADE ATTEMPTS TO SECURE A REUSE FOR PURPOSES IN THE CLASSES i-iii IN THE HIERARCHY. WHERE THESE HAVE BEEN UNSUCCESSFUL FOR A PERIOD OF AT LEAST SIX MONTHS, AND A CONVERSION TO A USE UNDER CLASS iv IN THE HIERARCHY IS PROPOSED, THE APPLICATION SHOULD BE SUPPORTED BY A STATEMENT OF THE EFFORTS MADE.

THE HIERARCHY IS AS FOLLOWS: i. A CONVERSION FOR AN EMPLOYMENT USE PROVIDING INDUSTRIAL, OFFICE OR RESEARCH AND DEVELOPMENT PREMISES FOR USES WITHIN CLASS B1 OF THE USE CLASSES ORDER 1987, UNLESS THE PROPOSAL WOULD BE FOR A LARGE SCALE INDUSTRIAL USE MORE SUITED TO A BUSINESS PARK OR INDUSTRIAL ESTATE; OR ii. A RESIDENTIAL CONVERSION AS A SUBORDINATE PART OF A SCHEME FOR ECONOMIC RE-USE OR AS A RURAL WORKERS DWELLING IN ACCORDANCE WITH POLICY HP6; OR iii. A RESIDENTIAL DEVELOPMENT TO MEET A PROVEN LOCAL NEED FOR AFFORDABLE HOUSING AND WHERE THE APPLICANT COMPLIES WITH AFFORDABILITY CRITERIA IN UDP POLICY HP10. SATISFACTORY ARRANGEMENTS MUST BE IN PLACE TO ENSURE THE DWELLING REMAINS AFFORDABLE IN PERPETUITY AND FUTURE OCCUPANCY WILL BE LIMITED TO PERSONS COMPLYING WITH UDP POLICY HP10. iv. A CONVERSION TO PERMANENT RESIDENTIAL USE, HOLIDAY ACCOMMODATION OR OTHER TOURISM, LEISURE AND RECREATION USES.

B. PROPOSALS FOR THE CONVERSION OR RE-USE OF EXISTING BUILDINGS IN THE COUNTRYSIDE THAT HAVE COMPLIED WITH PART A OF THIS POLICY WILL BE PERMITTED WHERE THEY ALSO COMPLY WITH THE FOLLOWING CRITERIA:

1. IF THE EXISTING BUILDING IS AN AGRICULTURAL OR INDUSTRIAL BUILDING IT SHALL HAVE A HISTORY OF BONA FIDE AGRICULTURAL OR INDUSTRIAL USE. 2. THE DEVELOPMENT SHOULD NOT NORMALLY LEAD TO PRESSURE FOR THE ERECTION OF REPLACEMENT BUILDINGS. WHERE A REPLACEMENT BUILDING IS REQUIRED, ITS ACCEPTABILITY IN PLANNING TERMS MAY BE TAKEN INTO ACCOUNT WHEN THE CONVERSION PROPOSAL IS UNDER CONSIDERATION. WHERE AND THERE IS CONCERN THAT THE PROLIFERATION OF AGRICULTURAL/FORESTRY BUILDINGS WOULD HAVE A SERIOUSLY DETRIMENTAL EFFECT ON THE LANDSCAPE, THE COUNCIL MAY ATTACH A CONDITION TO ANY PERMISSIONS FOR THE CONVERSION OF AN EXISTING BUILDING IN THE COUNTRYSIDE WITHDRAWING PERMITTED DEVELOPMENT RIGHTS FOR NEW BUILDINGS ON THE SAME HOLDING.

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3. THE BUILDING SHALL BE A SUITABLE SIZE, STRUCTURALLY SOUND AND CAPABLE OF CONVERSION WITHOUT:  SIGNIFICANT REBUILDING, WHICH WOULD BE TANTAMOUNT TO THE ERECTION OF A NEW BUILDING. WHERE NECESSARY, APPLICANTS SHALL SUBMIT A DETAILED STRUCTURAL ENGINEER'S REPORT ON THE CONDITION OF THE BUILDING AND THE WORKS NECESSARY TO CONVERT IT.  THE NEED FOR MAJOR ALTERATIONS OR EXTENSION. PERMITTED DEVELOPMENT RIGHTS WILL NORMALLY BE REMOVED IF PERMISSION IS GRANTED. 4. THE CONVERSION SHALL BE DESIGNED AND USE MATERIALS WHICH RETAIN AND ENHANCE THE CHARACTER AND APPEARANCE OF THE BUILDING. 5. THE CONVERSION, ITS CURTILAGE AND ASSOCIATED DEVELOPMENT (E.G. ACCESS, LANDSCAPING, STORAGE, SEWAGE DISPOSAL) SHALL NOT HAVE AN UNACCEPTABLE ADVERSE EFFECT ON THE CHARACTER AND APPEARANCE OF THE LANDSCAPE AND SURROUNDING ENVIRONMENT, OR ON THE AMENITIES OF NEIGHBOURING DWELLINGS OR USES. 6. PROPOSALS AFFECTING PROTECTED OR RARE WILDLIFE SPECIES (E.G. BATS AND OWLS) SHALL COMPLY WITH POLICY ENV7.

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4: Environment

4.1 Introduction

4.1.1 The quality of its environment is one of Powys’ most important resources. The County possesses townscapes, landscapes and countryside that are valued and enjoyed by local people and form an attraction for visitors. The UDP aims to provide sustainable policies and proposals that will ensure that the environment can support the needs of the present and future generations. The UDP will aim to balance the need for accommodating new development with that of protecting and enhancing the natural and built environments. It is intended that environmental enhancement and protection should maintain or improve the quality of life for all.

4.1.2 The environment and the principles of sustainable development are fundamental to the UDP and should be applied consistently across all policy areas. Environmental factors are key elements in making locational choices for new development and the future planning of the County.

4.2 Strategic Framework and Part One Justification

4.2.1 Powys is fortunate to possess a rich and varied natural and built environment that is valued and enjoyed by local people and forms a major attraction for visitors. With the increasing and often conflicting demands being placed on the environment the UDP will have to balance the need for reconciling new development with the need to protect and enhance the natural and built environment. The Plan seeks to safeguard, conserve and enhance these different elements that make the environment in Powys unique, as reflected in aim n) in Part 1 of the Plan, and it recognises that they are a finite resource.

4.2.2 Part 1 of the Plan also contains Strategic Policy UDP SP3 Natural, Historic and Built Heritage which is an “over-arching” policy, which underlines the Council’s commitment to maintaining the environmental quality of Powys for the enjoyment of present and future generations, and seeks to attain this by safeguarding, protecting and conserving the natural and built environment.

4.3 National Planning Policy and Guidance

4.3.1 The Welsh Assembly Government’s policy relating to planning and the environment is embodied in Planning Policy Wales (2002), various Technical Advice Notes (e.g. TAN 5 Nature Conservation - 1996) as well as Welsh Office circulars such as those on Planning and the Historic Environment.

4.3.2 Planning Policy Wales (2002) sets out the Welsh Assembly Government’s objectives with respect to the environment. For natural heritage these include the conservation of landscape and biodiversity, meeting international obligations for the natural environment, ensuring that statutorily designated sites are properly protected and protected species safeguarded. Their objectives for the historic environment include preserving and enhancing the historic environment, protecting archaeological remains, safeguarding the character of historic buildings and ensuring that

Environment 43 Powys County Council UDP 2001-2016 Adopted March 2010 ______conservation areas are protected and enhanced. The policies in this chapter have been formulated against the background of these objectives.

4.4 The Natural Environment - Policies and Proposals

4.4.1 Protection of Agricultural Land

4.4.2 The agricultural industry has a vital role to play, not only in the economy, development, culture and community life of Powys but also in safeguarding the quality of its landscape and biodiversity. Because of the importance of agriculture in these respects, it is considered that the best and most versatile agricultural land should be safeguarded wherever possible. This is normally agricultural land of grades 1, 2 and 3a of the former Ministry of Agriculture Fisheries and Food (MAFF) Agricultural Land Classification (ALC). Such land should only be developed if there is an overriding need for the development and either previously developed land or land in lower agricultural grades is unavailable, or available lower grade land has an environmental value recognised by a landscape, wildlife, historic or archaeological designation which outweighs the agricultural considerations. Given the nature of the topography in Powys, lower grade agricultural land may also be valuable locally. It is important that the right circumstances are maintained to enable agriculture to function effectively and to continue to make its major contribution to the beauty of the Powys landscape.

POLICY ENV1 - AGRICULTURAL LAND

WHEN CONSIDERING PROPOSALS FOR DEVELOPMENT, THE BEST AND MOST VERSATILE AGRICULTURAL LAND WILL BE SAFEGUARDED WHEREVER POSSIBLE. IT MAY BE APPROPRIATE TO SAFEGUARD LOWER QUALITY AGRICULTURAL LAND IN SITUATIONS WHERE SUCH LAND IS OF PARTICULAR VALUE TO AGRICULTURE WITHIN THE LOCALITY.

4.4.3 Landscape

4.4.4 The Powys landscape is one of its most important assets and is a product of Powys’ natural history, its geology and the influence of human activity. Maintaining the distinctiveness of Powys’ landscape is an important factor in safeguarding the quality of its environment and ensuring the economic well being of the area. It can help in attracting inward investment and employment opportunities, in developing the tourism industry and in providing an attractive setting in which local people can live and work. It is also desirable to protect the countryside for its own sake wherever possible. Consequently, the Council recognises the need to reconcile the conflict that exists between development and the need to safeguard the landscape. Ancient and semi- natural woodlands are important and irreplaceable features in the landscape of Powys which require protection in the development process. Whilst this Plan does not cover the Brecon Beacons or Snowdonia National Parks, the Authority will take into account National Park designations when considering any proposals for development that may affect a Park’s special qualities or the reasons for its designation.

POLICY ENV2 - SAFEGUARDING THE LANDSCAPE

PROPOSALS FOR THE DEVELOPMENT AND USE OF LAND SHOULD TAKE ACCOUNT OF THE HIGH QUALITY OF THE LANDSCAPE THROUGHOUT POWYS AND BE APPROPRIATE AND SENSITIVE TO THE CHARACTER AND SURROUNDING LANDSCAPE. WHERE APPROPRIATE, ACCOUNT WILL ALSO NEED TO BE TAKEN OF THE SPECIAL QUALITIES OR REASONS FOR

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DESIGNATION OF THE BRECON BEACONS AND SNOWDONIA NATIONAL PARKS. PROPOSALS WHICH ARE ACCEPTABLE IN PRINCIPLE SHOULD:

1. CONTAIN APPROPRIATE MEASURES TO ENSURE SATISFACTORY INTEGRATION INTO THE LANDSCAPE; 2. NOT UNACCEPTABLY ADVERSELY AFFECT FEATURES OF IMPORTANCE FOR NATURE CONSERVATION OR AMENITY; AND 3. NOT RESULT IN SIGNIFICANT DAMAGE TO ANCIENT AND SEMI-NATURAL WOODLANDS AND SHOULD SEEK TO CONSERVE NATIVE WOODLANDS, TREES AND HEDGEROWS.

4.4.5 In conjunction with the Countryside Council for Wales, the County Council is developing a landscape database under the LANDMAP initiative. As part of the overall assessment of the environment the Council intends to develop Supplementary Planning Guidance (SPG) in the form of a Landscape Assessment and Landscape Strategy for defined character areas based on the LANDMAP information. This information will be gathered in accordance with the process defined by the Countryside Council for Wales for LANDMAP.

4.4.6 Nature Conservation and Biodiversity

4.4.7 Powys has a rich and varied landscape, which contains a wealth of habitats and sites of nature conservation and geological importance. Areas of nature conservation value are important resources in their own right but can also provide sustainable opportunities for recreation and education as well as scientific study and are a significant aspect of the County's attraction for tourists. As well as contributing to the local economy through tourism based around its wildlife interest, natural habitats and outdoor pursuits, they can help to foster a greater appreciation of the environment and a desire to care for it in the future.

4.4.8 It is recognised that maintaining biodiversity is an essential element of sustainable development. The Government’s policy is to protect the nature conservation interest of statutorily designated sites and to sustain or enhance biodiversity in the wider countryside.

4.4.9 The Council has an important part to play in promoting alternative, sustainable approaches to development, which will avoid damage and create new opportunities for biodiversity or compensate for losses. The UK Biodiversity Action Plan (UKBAP) includes objectives to conserve, safeguard and where possible enhance:

 The quality and range of wildlife habitats and ecosystems;  The overall populations and natural ranges of native species  Internationally important and threatened species, habitats and ecosystems;  Species, habitats and natural and managed ecosystems characteristic of local areas;  Biodiversity of natural and semi-natural habitats where they have been diminished over recent decades.

4.4.10 In October 2002 the Council, on behalf of the Powys Biodiversity Partnership, produced Powys’ Local Biodiversity Action Plan (Powys LBAP) entitled ‘Our Partnership with Nature: A Local Biodiversity Action Plan for Powys’, which is Powys’ local response to the UKBAP. It outlines the steps we are taking in the county

Environment 45 Powys County Council UDP 2001-2016 Adopted March 2010 ______to implement the UK Government’s biodiversity targets. This included targeted action plans for the next 10 to 15 years aimed at safeguarding, enhancing and raising the awareness of species and habitats, which are locally important.

4.4.11 The Council acknowledges the need to protect biodiversity through careful monitoring, maintenance and the protection of habitats and species worthy of conservation from adverse development. Therefore the nature conservation policies in the UDP seek to safeguard and enhance biodiversity.

POLICY ENV3 - SAFEGUARDING BIODIVERSITY AND NATURAL HABITATS

THE NEED TO MAINTAIN BIODIVERSITY AND THE NATURE CONSERVATION AND AMENITY VALUE OF HABITATS AND FEATURES THAT ARE OF IMPORTANCE FOR WILD FLORA AND FAUNA IS RECOGNISED. WHEREVER POSSIBLE, THOSE INTERESTS WILL BE PROTECTED AGAINST ADVERSE FORMS OF DEVELOPMENT AND THEY WILL BE MAINTAINED WITHIN DEVELOPMENT PROPOSALS.

4.4.12 Habitats and Species Protection

4.4.13 Powys supports species and habitats that are internationally and nationally rare and their protection and conservation is considered to be of particular importance. Areas of land or water in Powys have been selected for their nature conservation importance and interest. Three tiers of site exist and are identified on the Proposals and Inset Maps:

i. Internationally important sites; ii. Nationally important sites; and iii. Regionally and locally important sites.

4.4.14 International Areas of Nature Conservation Importance

4.4.15 The Welsh Assembly Government has indicated its intention to ensure that international responsibilities and obligations for conservation are fully met. Where internationally designated sites exist it is clearly important to ensure that they are protected from damage and deterioration. The Council supports this by protecting these areas from development that would adversely impact on the special qualities for which the sites were designated. The fragmentation or loss of any part of an international site by inappropriate development will be resisted and proposals for development will only be permitted in the very exceptional circumstances outlined in the policy below.

4.4.16 In Powys areas protected by international designations include Special Protection Areas, Special Areas of Conservation and a Ramsar site:

4.4.17 Special Areas of Conservation (SACs): The EC Directive on Conservation of Natural Habitats and of Wild Fauna and Flora 1992 (known as the “Habitats Directive”) aims to help maintain the rich variety of European wildlife by protecting vulnerable habitats, and the plants and animals they support, as Special Areas of Conservation (SAC). Such areas are recognised internationally for their vulnerable, rare or endangered habitats and species.

4.4.18 Special Protection Areas (SPAs): These areas are designated under the 1979 EC Directive on the Conservation of Wild Birds (known as the ‘Birds Directive’).

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These areas are recognised internationally and have been set up to conserve rare and vulnerable birds and the sites used by some migratory species.

4.4.19 Ramsar Sites: These sites, which originate from the Ramsar Convention 1971, are internationally important wetlands especially as waterfowl habitats.

4.4.20 On land, SAC, SPA and Ramsar sites are often selected from areas that are already protected as Sites of Special Scientific Interest (SSSI). Most SSSI are in private ownership, and the Countryside Council for Wales (CCW) aims to work in partnership with owners and occupiers of SSSI to achieve the sensitive management of sites, to protect and enhance their special interest. SACs and SPAs will contribute to a European Union network of protected sites to be known as 'Natura 2000'. The regulations governing SPAs and SACs are contained within the Conservation (Natural Habitats and C.) Regulations 1994. These regulations, and the requirement for assessments to be carried out under them where such sites are affected by development proposals, are explained in greater detail in the Council’s Interim Development Control Guidance “Biodiversity Conservation and Enhancement in Development Proposals, 2007.

POLICY ENV4 - INTERNATIONALLY IMPORTANT SITES

PROPOSALS FOR DEVELOPMENT THAT MIGHT AFFECT SPECIAL PROTECTION AREAS (SPAs) AND POTENTIAL SPAs, SPECIAL AREAS OF CONSERVATION (SACs) AND CANDIDATE SACs OR LISTED RAMSAR SITES, MAY ONLY BE PERMITTED WHERE:

A. THEY ARE DIRECTLY CONNECTED WITH OR NECESSARY TO THE MANAGEMENT OF THE SITE FOR NATURE CONSERVATION; OR B. THEY WILL NOT SIGNIFICANTLY AFFECT THE ACHIEVEMENT OF THE CONSERVATION OBJECTIVES FOR WHICH THE SITE IS DESIGNATED EITHER INDIVIDUALLY OR IN COMBINATION WITH OTHER PROPOSALS.

WHERE IT CANNOT BE SHOWN THAT A PROPOSED DEVELOPMENT WILL NOT ADVERSELY AFFECT THE INTEGRITY OF THE SITE AND THIS EFFECT CANNOT BE REMOVED BY CONDITIONS, PERMISSION WILL BE REFUSED UNLESS THERE IS NO ALTERNATIVE SOLUTION AND:

1. WHERE THE SITE HOSTS A PRIORITY HABITAT OR SPECIES, THERE ARE REASONS OF PUBLIC HEALTH OR SAFETY OR BENEFICIAL CONSEQUENCES OF PRIMARY IMPORTANCE TO THE ENVIRONMENT; OR 2. THERE ARE OTHER REASONS WHICH IN THE OPINION OF THE EUROPEAN COMMISSION ARE IMPERATIVE REASONS OF OVERRIDING PUBLIC INTEREST WHY THE DEVELOPMENT SHOULD PROCEED.

4.4.21 National Sites of Nature Conservation Importance

4.4.22 Sites of national importance have been designated as National Nature Reserves (NNRs) and Sites of Special Scientific Interest (SSSI’s) in order to conserve the best examples of wildlife habitats and geological features:

4.4.23 Sites of Special Scientific Interest (SSSI’s): These sites are notified by the Countryside Council for Wales (CCW), under the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way (CROW) Act 2000) by reason of their flora, fauna, geological or physiographic features. CCW is consulted on development proposals which are within a designated site or which might affect a

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SSSI. They are in the process of defining consultation zones around all sites and consultation will be carried out with them on any planning application within these zones. Most SSSI’s remain in private ownership and their management hinges on a strong working partnership between CCW and the owners and occupiers.

4.4.24 National Nature Reserves (NNR’s): These are declared by CCW under the National Parks and Access to the Countryside Act 1949 but can also be established under the Wildlife and Countryside Act 1981 (as amended by the CROW Act 2000). NNR, which are all SSSI, have an enhanced role when compared to other SSSI. They are a public recognition, on behalf of the Government, of a site’s importance for nature conservation. They are seen as being particularly important for delivering high quality land management, for providing outdoor laboratories for ecological research and for being places where people can see and enjoy wildlife.

4.4.25 As these sites are considered to be of national conservation importance development that would unacceptably and adversely impact on designated sites will not be permitted. Developments adversely affecting the conservation interest of these sites will only be permitted where features of importance can be safeguarded within the development or where satisfactory compensatory or mitigation measures can be provided to offset the impact on the site. The Council will wish to discuss the adequacy of such proposals with the Countryside Council for Wales before agreeing to this course of action.

POLICY ENV5 - NATIONALLY IMPORTANT SITES

THERE WILL BE A PRESUMPTION AGAINST PROPOSALS FOR DEVELOPMENT LIKELY TO DAMAGE, EITHER DIRECTLY OR INDIRECTLY, THE NATURE CONSERVATION INTEREST OF NATIONAL NATURE RESERVES OR SITES OF SPECIAL SCIENTIFIC INTEREST.

DEVELOPMENTS WILL ONLY BE PERMITTED WHERE THE BENEFITS CLEARLY OUTWEIGH THE NATURE CONSERVATION VALUE OF THE SITE AND CONDITIONS WILL BE ATTACHED TO ANY PERMISSION OR A PLANNING OBLIGATION SOUGHT TO ENSURE:

1. SATISFACTORY PROVISION FOR THE SAFEGUARDING OF FEATURES OF NATURE CONSERVATION IMPORTANCE WITHIN THE PROPOSED DEVELOPMENT; OR 2. THE PROVISION OF APPROPRIATE COMPENSATORY OR MITIGATION MEASURES TO OFFSET THE IMPACT OF THE PROPOSALS.

4.4.26 Nature Conservation Sites of Regional and Local Importance

4.4.27 There are many other sites of nature conservation, geological or geomorphological significance that do not enjoy the same status as NNR's and SSSI's but which nevertheless deserve consideration when dealing with proposals for development. Such sites include regionally important geological / geomorphological sites (RIGS), local nature reserves, reserves managed for nature conservation purposes and Wildlife Sites identified by the Council, CCW, local Wildlife Trusts and others. Whilst location records and action plans for Powys’ priority habitat types and species are included within the Powys LBAP, it does not identify specific sites to enable inclusion on the Proposals and Inset Maps.

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4.4.28 Whilst not afforded the same degree of legal protection as those with more formal recognition, they do represent a variety of earth science and nature conservation sites that have become increasingly under threat and have consequently diminished in recent years. Where a formal assessment of a sites nature conservation or geological value has been carried out, the desirability of protecting and enhancing such sites and of taking into account nature conservation interests is recognised. Account will be taken of the merits of a proposed development when assessing whether its adverse effect on sites will be unacceptable or whether the benefits of the development would outweigh any loss of conservation interest. In such circumstances developments may be acceptable if features of importance can be conserved. Alternatively the provision of compensatory or mitigation measures may be sufficient to permit the development to proceed.

4.4.29 When considering development proposals the Council will encourage the use of compensatory or mitigation measures, management agreements and if necessary planning obligations, to ensure the protection and enhancement of a site’s earth science and nature conservation interest.

POLICY ENV6: SITES OF REGIONAL AND LOCAL IMPORTANCE

DEVELOPMENT PROPOSALS UNACCEPTABLY ADVERSELY AFFECTING THE CONSERVATION INTEREST OF SITES OF REGIONAL OR LOCAL NATURE CONSERVATION, GEOLOGICAL OR GEOMORPHOLOGICAL IMPORTANCE WILL BE REFUSED. WHERE DEVELOPMENT IS CONSIDERED TO BE ACCEPTABLE A CONDITION MAY BE ATTACHED TO ANY PERMISSION OR A PLANNING OBLIGATION SOUGHT TO ENSURE:

1. SATISFACTORY PROVISION FOR THE SAFEGUARDING OF FEATURES OF NATURE CONSERVATION, GEOLOGICAL OR GEOMORPHOLOGICAL IMPORTANCE WITHIN THE PROPOSED DEVELOPMENT; OR 2. THE PROVSION OF APPROPRIATE COMPENSATORY OR MITIGATION MEASURES TO OFFSET THE IMPACT OF THE PROPOSALS.

4.4.30 Protected Species

4.4.31 The Welsh Assembly Government acknowledges that the protection of sites must be accompanied by the protection of certain important species wherever they occur. European Protected Species are of such rarity that they must be protected in all but the most exceptional circumstances. Development will always have an effect on species and their habitats; therefore the Council will seek opportunities for the conservation, maintenance and enhancement of the populations of other protected species within the development.

POLICY ENV7 - PROTECTED SPECIES

1. DEVELOPMENTS WHICH CONTRAVENE THE PROTECTION AFFORDED TO EUROPEAN PROTECTED SPECIES WILL ONLY BE PERMITTED WHERE THEY ARE NECESSARY IN THE INTERESTS OF PUBLIC HEALTH OR SAFETY, OR FOR OTHER IMPERATIVE REASONS OF OVERRIDING PUBLIC INTEREST, INCLUDING THOSE OF A SOCIAL OR ECONOMIC NATURE AND BENEFICIAL CONSEQUENCES OF PRIMARY IMPORTANCE FOR THE ENVIRONMENT. EVIDENCE WILL BE REQUIRED TO INDICATE THAT A DEVELOPER HAS CONSIDERED ALTERNATIVE SITES FOR THE DEVELOPMENT BUT THAT THESE HAVE NOT PROVED SUITABLE.

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2. WHERE OTHER PROTECTED SPECIES ARE AFFECTED BY A PROPOSAL, THE APPLICANT MUST CONFORM WITH ANY STATUTORY PROTECTION PROVISIONS AND CONDITIONS WILL BE ATTACHED TO ANY PERMISSION TO SAFEGUARD THE SPECIES WITHIN THE DEVELOPMENT AND TO PROVIDE APPROPRIATE MITIGATION MEASURES.

4.4.32 Trees and Woodlands

4.4.33 Trees, woodlands and forests are important components of the landscape offering colour, form and variety, complementing open spaces and the built environment, making a positive impact on the visual character of an area. The effect that trees have varies tremendously depending on whether they are individual hedgerow oaks, ornamental plantings in historic parks and gardens, small broad- leaved woodlands or large conifer plantations. The role that they play in the economy of the area and the effect that they have on the landscape, the environment and nature conservation must all be considered.

4.4.34 The Council will continue to use its powers to protect important trees and woodlands with Tree Preservation Orders (TPOs), especially where they are under threat. The unnecessary felling of trees will be resisted, particularly in conservation areas where it is a requirement of legislation that the Council is given prior notice of intention to carry out work on most trees. Nevertheless, it is recognised that some surgery or tree felling may be required where the Council is convinced that it is necessary for reasons of public safety. Where trees and woodlands are protected, the Council will endeavour to persuade landowners to adopt a management programme to ensure that the condition of the trees or woodland does not deteriorate.

POLICY ENV8 - TREE PRESERVATION ORDERS

A. TREES, GROUPS OF TREES AND WOODLANDS OF AMENITY VALUE THAT MAKE A PARTICULAR CONTRIBUTION TO THE LANDSCAPE OR THAT ARE NOTED FOR THEIR BEAUTY OR LOCAL RARITY WILL BE PROTECTED. PROPOSALS FOR DEVELOPMENT THAT UNACCEPTABLY ADVERSELY AFFECT TREES THAT ARE THE SUBJECT OF A TREE PRESERVATION ORDER WILL BE REFUSED.

B. WHERE NECESSARY TO MAINTAIN THE CHARACTER OF A CONSERVATION AREA, TREES WILL BE PROTECTED. IN ORDER TO MAINTAIN THE CHARACTER OF THE CONSERVATION AREA, PROPOSALS FOR DEVELOPMENT THAT UNACCEPTABLY ADVERSELY AFFECT THE TREES WILL BE REFUSED

C. APPLICATIONS TO FELL OR CARRY OUT WORK ON TREES WHICH ARE THE SUBJECT OF A TREE PRESERVATION ORDER WILL BE APPROVED IF THE WORK IS NECESSARY FOR PUBLIC SAFETY OR TO SECURE THE FUTURE OF THE TREES THEMSELVES BY APPROPRIATE MANAGEMENT MEASURES.

4.4.35 Hedgerows are also a very important landscape feature and provide valuable wildlife corridors linking habitats. The Hedgerow Regulations 1997 provide protection for hedgerows in the countryside, with the exception of garden hedges. Under these regulations, the applicant must notify the Local Planning Authority where they propose to remove a hedgerow. A hedgerow retention notice can then be served in appropriate cases to protect important hedgerows.

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4.4.36 Woodland Planting

4.4.37 Forestry is a significant industry in the area and makes a useful contribution to the local economy both as a commercial activity and as a tourist attraction. As well as new planting and the management of existing woodlands and forests, some local enterprises are also involved in the processing of timber and the manufacturing of timber based products. The Council encourages sustainable forestry in Powys and supports the positive management and expansion of woodlands in appropriate locations and will seek to protect landscapes and conservation interests, in addition to timber production. Broad-leaved planting and mixed planting will be encouraged in preference to single species coniferous plantations.

4.4.38 Whilst new afforestation proposals do not require planning permission, the Forestry Authority under the Woodland Grant Scheme consults the Council on significant new proposals. In assessing new schemes, there are many factors that need to be taken into consideration in addition to the economic benefits such as those outlined below.

4.4.39 Where new planting schemes are proposed, it is important to ensure that they conserve any viewpoints and significant natural features such as streams, pools and rocky outcrops in order to reduce the impact on the existing landscape and to retain some visual variety and a range of habitats. Also, planting should relate well to the topography avoiding straight boundary edges, access roads and rides, which can be harsh discordant elements. The incorporation of open spaces within plantations and alongside pools and watercourses, together with appropriate broad-leaved planting, can add to the visual and ecological diversity. Some variety in the species used and in the age structure of planting can also add interest.

POLICY ENV9 - WOODLAND PLANTING

NEW PLANTING, RESTOCKING, NATURAL REGENERATION AND MANAGEMENT OF EXISTING BROAD-LEAVED WOODLANDS IN APPROPRIATE LOCATIONS WILL BE ENCOURAGED. PROPOSALS FOR THE COMMERCIAL, RECREATIONAL OR CONSERVATION DEVELOPMENT OF BROAD-LEAVED OR CONIFEROUS WOODLAND INCLUDING THE PLANTING OF APPROPRIATE NATIVE BROAD- LEAVED SPECIES IN EXISTING COPSES, WOODLANDS, AND HEDGEROWS, WILL BE FAVOURED PROVIDING THAT:

1. PROPOSALS ARE COMPATIBLE WITH AND PROPERLY MANAGED IN AN INTEGRATED FASHION WITH AGRICULTURE AND OTHER COUNTRYSIDE USES AND DO NOT ADVERSELY AFFECT THE VIABILITY OF FARM HOLDINGS; 2. PROPOSALS ARE DESIGNED TO A HIGH STANDARD AND DO NOT ADVERSELY AFFECT THE QUALITY OF THE LANDSCAPE; 3. WHEREVER POSSIBLE, EXISTING BROAD-LEAVED TREES AND HEDGEROWS, WOODS OR ANCIENT SEMI-NATURAL WOODLANDS ARE RETAINED, PROTECTED AND INCORPORATED INTO PROPOSED SCHEMES; 4. NATURE CONSERVATION AREAS ARE PROTECTED; 5. SITES OF ARCHAEOLOGICAL OR HISTORIC IMPORTANCE ARE PROTECTED; 6. THE INTEGRITY OF EXTENSIVE WILD, OPEN AND UNDEVELOPED TRACTS OF LAND AND OTHER UPLAND LANDSCAPE, WHICH IT IS IMPORTANT TO

Environment 51 Powys County Council UDP 2001-2016 Adopted March 2010 ______

CONSERVE IN ITS OWN RIGHT, FOR LANDSCAPE CONSERVATION, NATURE CONSERVATION, RECREATION OR GRAZING PURPOSES REMAINS UNAFFECTED; 7. WATER RESOURCES AND THE AQUATIC ENVIRONMENT, INCLUDING GROUNDWATER RESOURCES AND FISHERIES, ARE SAFEGUARDED AND THAT ADVERSE IMPACT RESULTING FROM THE EFFECTS OF CONIFEROUS AFFORESTATION ON RUN-OFF AND WATER QUALITY IS AVOIDED, WITH PARTICULAR REFERENCE TO ACIDIFICATION AND SEDIMENTATION; 8. THE PROPOSALS INCLUDE A DETAILED LONG TERM PLAN FOR THE PROTECTION AND THE MANAGEMENT OF WOODLANDS, TREES AND/OR HEDGEROWS, INCLUDING PROVISIONS FOR NATURE CONSERVATION AND ACCESS FOR NATURE CONSERVATION, SPORT AND RECREATION; AND 9. WHERE PRACTICAL, SUBSTANTIAL PROPORTIONS OF BROAD-LEAVED TREES ARE INCLUDED WITHIN AND AROUND MAINLY CONIFEROUS PLANTATIONS.

4.5 The Built Environment - Policies and Proposals

4.5.1 In addition to the beauty of the natural environment, Powys has a wealth of attractive buildings in its towns, villages and open countryside. There are already 55 conservation areas designated by the Council and in the region of 3800 buildings which have been listed by Cadw as being of special architectural or historic interest.

4.5.2 Conservation Areas and Listed Buildings form an important part of the County's heritage and contribute to its character. As well as adding to the quality of the environment for local people, they are significant attractions for tourists and inward investors and they are therefore valuable contributors to the local economy. Powys County Council is committed to the preservation and enhancement of its historic built environment.

4.5.3 Conservation Areas

4.5.4 In conservation areas, the Council will pursue policies aimed at safeguarding the character of the area, its buildings and open spaces, enhancing the environment and controlling any potential new development which would detract from the character and setting of historic buildings. The Council will continue to promote environmental improvements to enhance the character and appearance of the conservation areas and will seek to encourage landowners, developers, amenity and resident’s societies and community groups to undertake improvements in appropriate circumstances.

4.5.5 Conservation area designation strengthens a Local Authority’s control over demolition, minor development, advertisements and the protection of trees. However it also provides increased opportunities for enhancement with Local Authorities being required to publish proposals for their preservation and enhancement.

4.5.6 As well as conferring a new status on the areas in question and highlighting the need to treat them with special care, the designation of conservation areas is intended to provide for the formulation and publication of proposals for their preservation and enhancement. This positive feature allows environmental improvements to be made to buildings and to the settings of conservation areas. Initiatives such as town and building facelift schemes allow for funds to be set-aside

Environment 52 Powys County Council UDP 2001-2016 Adopted March 2010 ______over a number of years for the purpose of making grants for the repair and restoration of buildings in conservation areas. The rate at which they can be brought forward will of course be dependent on the availability of manpower and financial resources. However, such schemes could make a valuable contribution to the conservation of the fabric of buildings in some of the larger conservation areas that would complement improvements resulting from environmental enhancement and regeneration proposals.

POLICY ENV 10: CONSERVATION AREA ENHANCEMENT AND TOWN SCHEMES

APPROPRIATE PROPOSALS FOR THE ENHANCEMENT OF CONSERVATION AREAS INCLUDING THOSE ARISING FROM THE IMPLEMENTATION OF TOWN SCHEMES AND BUILDING FACELIFT SCHEMES WILL BE APPROVED.

4.5.7 Development in Conservation Areas

4.5.8 Whilst preservation and enhancement are both important elements of the Council's policies with respect to conservation areas, it is not intended to obstruct all change. Some development may well be welcome in order to sustain the vitality of the towns, villages and communities in which it occurs. However, it is desirable that new development in Conservation Areas should be sympathetic to their existing character. Consequently it will be necessary for new development proposals to be of a high standard of design with layouts, proportions, design details and materials being complementary to the adjoining traditional buildings.

4.5.9 When considering development proposals affecting a designated conservation area, the Council will seek to ensure that all proposals do not compromise the desire to preserve or enhance the character or appearance of the area and that they are acceptable in terms of setting, form, scale, materials, design and detailing. They will take account of the desirability of retaining traditional buildings, groups of buildings, existing street patterns, spaces, building lines and hard landscape surfaces. The retention or restoration of architectural features as part of the development together with the need to protect valuable existing trees, open spaces and landscape features will also be considered.

4.5.10 In order to satisfy the Council that proposals will be appropriate, the submission of full planning applications will normally be required for development proposals in conservation areas so that their suitability can be gauged. However, planning officers will be prepared to discuss the detailed design of proposals in advance of the submission of an application in order to minimise additional costs for the applicant. The Council also intends to produce Supplementary Planning Guidance that will contain character appraisals and advice on sympathetic design and proposals for enhancement in conservation areas. The SPG will also be used for determining the acceptability of proposals for development.

4.5.11 Buildings adjoining the boundaries of conservation areas can have a considerable impact on their settings. Therefore, proposals for new developments in such locations will also be expected to be of high quality design in keeping with the character of the adjoining conservation area.

POLICY ENV11 - DEVELOPMENT IN CONSERVATION AREAS

1. PROPOSALS FOR DEVELOPMENT WITHIN OR ADJOINING A CONSERVATION AREA SHOULD BE OF HIGH QUALITY DESIGN AND SHOULD PRESERVE OR ENHANCE THE CHARACTER OR APPEARANCE OF

Environment 53 Powys County Council UDP 2001-2016 Adopted March 2010 ______

THAT AREA. INAPPROPRIATE DEVELOPMENTS THAT WOULD SIGNIFICANTLY DETRACT FROM THAT CHARACTER WILL BE OPPOSED. 2. FULL APPLICATIONS WILL BE REQUIRED FOR DEVELOPMENT PROPOSALS WITHIN OR ADJOINING CONSERVATION AREAS.

4.5.12 Permitted Development in Conservation Areas

4.5.13 In addition to larger proposals that require planning permission, numerous minor alterations are able to proceed under permitted development rights. Although often less significant in themselves, the cumulative effect of many such changes can seriously harm the character of conservation areas. Such developments can involve small flat roofed extensions, the replacement of traditional doors and windows, the use of unsympathetic modern designs and materials and the replacement of slate roofs with concrete tiles.

4.5.14 It is possible where this has become a matter of concern, for the Council to make a Direction withdrawing certain permitted development rights so that planning permission is required for the specified developments. The Council will therefore consider making Directions under Article 4 (2) of the Town and Country Planning (General Permitted Development) Order 1995 in such instances to withdraw permitted development rights for developments which would materially adversely affect the external appearance of dwelling houses and therefore the character of the conservation area. The ongoing character appraisals of the conservation areas may indicate where Article 4 Directions will be necessary or appropriate.

POLICY ENV12 - PERMITTED DEVELOPMENT IN CONSERVATION AREAS

WHERE PERMITTED DEVELOPMENT RIGHTS HAVE BEEN REMOVED FROM CERTAIN CLASSES OF DEVELOPMENT IN A CONSERVATION AREA BY THE MAKING OF A DIRECTION, PROPOSALS FOR DEVELOPMENT THAT WOULD, INDIVIDUALLY OR CUMULATIVELY, ADVERSELY AFFECT THE CHARACTER OF THE CONSERVATION AREA WILL BE REFUSED.

4.5.15 Infrastructure in Conservation Areas

4.5.16 There are many other features in addition to the buildings themselves that can help to create the character of an attractive built up area. These include traditional pavement surfaces and street lamps, bollards and seating of attractive design. Unfortunately, it is all too common for these features to be removed and replaced with concrete or tarmac and bland modern street furniture and lighting when repair or replacement becomes necessary. The appearance of a street can also be seriously impaired by overhead telephone and electricity cables, and by highway signs and road markings. The Council will therefore seek the commitment of the relevant bodies responsible for these matters to ensure that repairs and new installations are carried out in a manner that is sympathetic to the character of the conservation area.

4.5.17 Demolition In Conservation Areas

4.5.18 The Council will exercise special care in considering proposals for the demolition of all or part of a structure in a conservation area. The Council will only grant planning permission for development involving demolition where neither the character nor appearance of the conservation area will be harmed. Consent for demolition will normally only be given where there are acceptable and detailed plans of a scheme for redevelopment of the site. Where appropriate a condition shall be

Environment 54 Powys County Council UDP 2001-2016 Adopted March 2010 ______imposed on any grant of consent to ensure that demolition shall not take place until a contract for carrying out the development work has been made and planning permission granted.

4.5.19 The Development Control chapter of the plan contains details of policies and supplementary planning guidance on shop fronts, adverts, solar panels and antennae in Conservation Areas.

POLICY ENV 13 - DEMOLITION IN CONSERVATION AREAS

PLANNING PERMISSION WILL ONLY BE GRANTED FOR DEVELOPMENT INVOLVING DEMOLITION OF AN UNLISTED BUILDING IN A CONSERVATION AREA WHERE NEITHER THE CHARACTER NOR APPEARANCE OF THE AREA WILL BE HARMED. WHERE NECESSARY A PLANNING CONDITION WILL BE IMPOSED TO ENSURE THAT A CONTRACT HAS BEEN LET FOR REPLACEMENT DEVELOPMENT BEFORE ANY DEMOLITION IS PERMITTED TO TAKE PLACE. WHERE THE STRUCTURE MAKES A POSITIVE CONTRIBUTION TO THE CHARACTER OR APPEARANCE OF THE CONSERVATION AREA, ACCOUNT WILL BE TAKEN OF: 1. WHETHER IT IS CAPABLE OF RETENTION OR REPAIR FOR A BENEFICIAL USE; 2. WHETHER THE PROPOSED REPLACEMENT, IF ANY, WOULD MAKE A SIMILAR OR GREATER POSITIVE CONTRIBUTION TO THE PRESERVATION OR ENHANCEMENT OF THE CHARACTER OR APPEARANCE OF THE AREA; AND 3. WHETHER IT IS NECESSARY FOR REASONS OF OVER-RIDING PUBLIC INTEREST, INCLUDING SAFETY.

4.5.20 Listed Buildings

4.5.21 The Welsh Assembly Government has a duty to compile lists of buildings of special architectural or historic interest. There are currently around 3,800 listed buildings within Powys (outside BBNP). The Council considers that their preservation, protection and correct maintenance is essential. Where proposals require listed building consent, the Council under Section 16(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 shall have special regard to the desirability of preserving the building or its setting, or any features of architectural or historic interest which it possesses. Listed buildings are a finite and non-renewable resource. When considering proposals for development the presumption will be in favour of the preservation of listed buildings and their settings and permission will only be granted where a strong case can be made for doing so. To enable the Council to assess fully the effect of such proposals, full detailed plans will be required.

POLICY ENV 14 - LISTED BUILDINGS

PROPOSALS FOR DEVELOPMENT UNACCEPTABLY ADVERSELY AFFECTING A LISTED BUILDING OR ITS SETTING WILL BE REFUSED. IN CONSIDERING PROPOSALS FOR DEVELOPMENT AFFECTING A LISTED BUILDING AND IT’S SETTING, ACCOUNT WILL BE TAKEN OF THE FOLLOWING:

1. THE DESIRABILITY OF PRESERVING THE LISTED BUILDING AND ITS SETTING;

Environment 55 Powys County Council UDP 2001-2016 Adopted March 2010 ______

2. THE IMPORTANCE OF THE BUILDING, ITS INTRINSIC ARCHITECTURAL AND HISTORIC INTEREST AND RARITY; 3. THE EFFECT OF THE PROPOSALS ON ANY PARTICULAR FEATURES OF THE BUILDING WHICH JUSTIFIED ITS LISTING; 4. THE BUILDING'S CONTRIBUTION TO THE LOCAL SCENE AND ITS ROLE AS PART OF AN ARCHITECTURAL COMPOSITION; 5. THE CONDITION OF THE BUILDING AND THE BENEFIT THAT THE PROPOSALS WOULD HAVE TO ITS STATE OF REPAIR; 6. THE MERITS OF THE PROPOSALS IN SECURING AN APPROPRIATE ALTERNATIVE USE OF THE BUILDING; AND 7. THE NEED FOR PROPOSALS TO BE COMPATIBLE WITH THE CHARACTER OF THE BUILDING AND ITS SURROUNDINGS AND TO BE OF HIGH QUALITY DESIGN, USING MATERIALS IN KEEPING WITH THE EXISTING BUILDING.

4.5.22 Demolition of Listed Buildings

4.5.23 The Council has control over the proposed demolition of all listed buildings. The general presumption is that all buildings that are listed will be preserved because of their architectural and/or historic importance. With regard to total or substantial demolition every possible effort should be made to continue the present use or find a suitable alternative use for the building. The applicant would also need to demonstrate that all practical attempts to save and refurbish the building have been explored.

4.5.24 The Council proposes to undertake the preparation of supplementary planning guidance to provide practical advice on development affecting listed buildings and the maintenance of historic buildings in order to complement and support these policies.

POLICY ENV 15 - DEMOLITION OF LISTED BUILDINGS

PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT INVOLVING THE TOTAL OR SUBSTANTIAL DEMOLITION OF A LISTED BUILDING UNLESS OVERRIDING ENVIRONMENTAL, ECONOMIC OR PRACTICAL REASONS EXIST IN FAVOUR OF DEMOLITION AND EVERY POSSIBLE EFFORT HAS BEEN MADE TO CONTINUE THE PRESENT USE OR TO FIND A SUITABLE ALTERNATIVE USE FOR THE BUILDING. THE DEMOLITION OF A GRADE I OR II* LISTED BUILDING WILL ONLY BE PERMITTED IN WHOLLY EXCEPTIONAL CASES WHERE THE STRONGEST JUSTIFICATION HAS BEEN PROVIDED.

4.5.25 Historic Parks, Gardens and Landscapes

4.5.26 The Council considers that it is important to protect historic parks and gardens and their landscape setting. It also recognises the sensitivity of historic landscapes to development proposals. The areas and properties in question are included on Cadw’s register of landscapes, parks and gardens of special historic interest. Although the register does not afford the degree of protection and control given to conservation areas or listed buildings, it recognises the importance of the historic landscapes, parks and gardens in local and national terms. The register includes several landscapes, gardens and parks in the County and the Authority will seek to protect their special historic interest. Where development proposals would unacceptably adversely affect parks and gardens on the register, these will be opposed. When considering development proposals within or in proximity to these

Environment 56 Powys County Council UDP 2001-2016 Adopted March 2010 ______areas, the setting, which can be crucial to the historical character, and the views from key points, will also be taken into account.

POLICY ENV 16 - LANDSCAPES, PARKS AND GARDENS OF SPECIAL HISTORIC INTEREST

DEVELOPMENT PROPOSALS WHICH WOULD UNACCEPTABLY ADVERSELY AFFECT THE CHARACTER OR APPEARANCE OF HISTORIC PARKS AND GARDENS AND THEIR SETTING WILL BE OPPOSED. DURING CONSIDERATION OF DEVELOPMENT PROPOSALS, THE PROTECTION OF THE SPECIAL HISTORIC INTEREST OF HISTORIC LANDSCAPES INCLUDED IN PART 2 OF THE REGISTER OF LANDSCAPES, PARKS AND GARDENS OF SPECIAL HISTORIC INTEREST IN WALES WILL BE SOUGHT.

4.5.27 Archaeological sites and Ancient Monuments

4.5.28 Archaeological remains are also a finite and non-renewable resource, and in many cases, highly fragile and vulnerable to damage and destruction. Appropriate protection and management is therefore essential to ensure that the archaeology survives in good condition and care is taken to see it is not needlessly destroyed. The preservation of this heritage, above and below ground, as evidence of Powys’s distinctive past, is of national and international importance.

4.5.29 The Council will seek to ensure the protection, enhancement and preservation of sites of archaeological interest and their settings. There are currently some 915 designated Scheduled Ancient Monuments within Powys (excl. BBNP) many of which are identified on this document’s Proposal and Inset maps. However, the Schedule of Ancient Monuments is a dynamic document and sites are periodically added and removed from the protected list. Therefore, this document should not be used as a definitive guide to the presence or otherwise of Scheduled Ancient Monuments. Where nationally important archaeological remains, whether Scheduled Monuments or not, and/or their settings are considered to be unacceptably adversely affected by proposed development, there will be a presumption in favour of their physical preservation. In addition, archaeological remains of more regional or local importance may also be identified as worthy of preservation. Proposals for the enhancement of archaeological sites and their settings will normally be supported.

POLICY ENV 17 - ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES

DEVELOPMENT WHICH WOULD UNACCEPTABLY AFFECT THE SITE OR SETTING OF A SCHEDULED ANCIENT MONUMENT OR OF AN ARCHAEOLOGICAL SITE OF NATIONAL IMPORTANCE WILL NOT BE PERMITTED AND OTHER SITES OF ARCHAEOLOGICAL IMPORTANCE WILL BE SAFEGUARDED WHERE POSSIBLE.

4.5.30 In some instances, development proposals will affect sites which it is believed may be of archaeological interest but where the extent and importance of that interest is unclear. Archaeological field evaluations will be required in these circumstances to ascertain the significance of the site. Whilst the preservation of archaeological remains in-situ is the preferred solution, the Council does acknowledge that it will not be feasible in all cases. Where the significance of a site of archaeological interest, when weighed against all other material considerations is deemed not sufficient to justify preservation "in-situ", an archaeological investigation (including excavation or survey as appropriate) for the purposes of preservation by

Environment 57 Powys County Council UDP 2001-2016 Adopted March 2010 ______record may be considered an acceptable alternative. If the extent or importance of any archaeological remains is uncertain, a “watching brief” during the course of the development may be required to secure the observation and subsequent recording of finds of interest. The results and finds from archaeological investigations also need to be analysed, interpreted, presented to the public, and curated for future use.

POLICY ENV 18 - DEVELOPMENT PROPOSALS AFFECTING ARCHAEOLOGICAL SITES

1. WHERE IT APPEARS THAT A PROPOSED DEVELOPMENT MAY AFFECT A SITE POTENTIALLY CONTAINING IMPORTANT ARCHAEOLOGICAL REMAINS, THE APPLICANT WILL BE REQUESTED TO UNDERTAKE AN ARCHAEOLOGICAL FIELD EVALUATION BEFORE DETERMINING ANY PLANNING APPLICATION.

2. IN INSTANCES WHERE ARCHAEOLOGICAL REMAINS OF IMPORTANCE ARE REVEALED ON DEVELOPMENT SITES, THEIR PRESERVATION IN-SITU SHOULD BE CARRIED OUT WHEREVER POSSIBLE.

3. WHERE PRESERVATION IN-SITU IS NOT POSSIBLE BUT THE COUNCIL IS CONVINCED THAT THE MERITS OF THE PROPOSAL MEAN THAT DEVELOPMENT SHOULD PROCEED, THEY WILL IMPOSE CONDITIONS ON ANY PLANNING CONSENT OR SEEK PLANNING OBLIGATIONS TO FACILITATE ARCHAEOLOGICAL MITIGATION THROUGH SUCH MEANS AS A SITE EXCAVATION, SURVEY OR A WATCHING BRIEF DURING THE DEVELOPMENT AND THE OBSERVATION AND/OR RECORDING OF REMAINS OF ARCHAEOLOGICAL INTEREST.

4.5.31 Amenity Open Space

4.5.32 In addition to areas of public open space that are publicly available for sports and other recreational uses, there are also private open space uses which are referred to in the Leisure and Recreation Chapter and other areas of open land within settlements which are of amenity value. These Amenity Open Spaces may for example be areas of grazing land or small copses for which no new use is proposed in the UDP. They may be of amenity value because of their important contribution to the setting and character of the settlement and may also perform an informal recreational function by providing walks or kick about areas, for example. There may be strong pressures to develop such open spaces on occasions but these will be resisted in all but exceptional circumstances in order to safeguard the recreational and amenity interests of the local community. In exceptional circumstances development on allocated amenity open space may be considered acceptable where the developer provides an alternative amenity open space in lieu for the space that is to be developed. In these instances the local community will be consulted to determine whether the new space offers equivalent amenity and recreation value.

POLICY ENV 19 - AMENITY OPEN SPACES

WITHIN SETTLEMENTS PROPOSALS FOR DEVELOPMENT WHICH WOULD LEAD TO THE PARTIAL OR COMPLETE LOSS OF AMENITY OPEN SPACE IDENTIFIED ON THE PROPOSALS MAP WILL BE REFUSED UNLESS ALTERNATIVE OPEN SPACE OF EQUIVALENT RECREATIONAL OR AMENITY VALUE TO THE COMMUNITY AND TO THE SETTING AND CHARACTER OF THE SETTLEMENT CAN BE PROVIDED.

Environment 58 Powys County Council UDP 2001-2016 Adopted March 2010 ______

5: Housing

5.1 Introduction

5.1.1 Housing development is the most extensive new use of land in the County. In addition to meeting the housing needs of Powys’ households, new housing is important for encouraging local economic growth, supporting small businesses and enabling much needed employment opportunities. The ability to provide a wide choice of housing is fundamental to community regeneration and the creation of socially and economically sustainable communities. The Council sees sustainable communities as cohesive focal points for community life providing appropriate services and facilities in keeping with their status and with the capacity to support the housing needs of all their members. The provision of good quality housing of the right size, type and tenure that enables choice and contributes towards securing a better social mix is encouraged by the Council.

5.1.2 Clearly these objectives are a challenge, especially as the Council’s influence over the provision of housing stock is limited essentially to that of enabling and facilitating provision. Many factors relating to housing demand and supply, such as household sizes, house prices, mortgage rates and income levels are determined by housing markets, prevailing economic conditions and demographic trends, which operate beyond the Council’s direct sphere of influence. Nevertheless, the Council’s role as a Local Planning Authority is important, as it is able to influence the supply of land for house building. However, the Council’s policies and proposals for controlling housing-land supply must be based on a thorough understanding of household needs and for this reason a comprehensive Housing Needs Survey of the entire County was conducted in November 2001.

5.1.3 This chapter provides the Council’s detailed planning policies for residential development over the plan period 2001-2016. Following on from Part One of the UDP, it explains the requirement for housing land across the County and interprets this as land allocations for residential development in each of the three Shires. It then sets out general policies for the determination of planning applications for residential development.

5.1.4 It is proposed to complement the UDP’s housing policies and proposals with supplementary planning guidance (see Section 3.7) on a number of specific and housing-related issues, including guidance on Residential Design, the Conversion of Rural Buildings, Water Supply and Waste Water Management, the Housing Needs Survey, Accessibility and Mobility, and Energy Conservation and Generation.

5.2 Strategic Framework and Part One Justification

5.2.1 Part One of the UDP contains strategic aims b, j, k and p and policies UDP SP2 and UDP SP5 relevant to housing.

5.2.2 In providing for the housing needs of the County’s population, the Council wishes to see housing development take place in sustainable locations that are properly integrated with other land uses and public transport routes. To achieve this,

Housing 59 Powys County Council UDP 2001-2016 Adopted March 2010 ______

Part One of the UDP proposes a Sustainable Growth Strategy that, seeks to concentrate the majority of housing, economic and retail development in the larger market towns - ‘area centres’ - and largest villages - ‘key settlements’ and ‘large villages’. However, the Strategy also recognises that the housing needs of smaller communities must be catered for and therefore proposes a Sustainable Strategic Settlement Hierarchy that enables some growth to be dispersed to other settlements according to their size, services, infrastructure and capacity. Policy UDP SP2 is therefore designed to facilitate the distribution of land for development across the different levels in this hierarchy in accordance with these principles and with national planning policy as explained in section 5.3 which follows.

5.2.3 Part One of the UDP projects that around 6,140 new dwellings will be required to meet the needs of all households living in the Plan Area by the end of the fifteen year plan period in mid-2016. This projection represents an increase of 13.5% in the households living in the Plan area, (approximately 410 households per annum) across the 15-year plan period. Section 5.5 below outlines in detail the changes in population numbers as well as the projected dwelling requirements for Powys.

5.3 National Planning Policy for Housing

5.3.1 National planning policy for housing is embodied in the Welsh Assembly Government’s Planning Policy Wales (March 2002). This indicates that Local Authorities should recognise in their policies, the housing needs of all, including the provision of affordable and special needs housing, such as sheltered accommodation.

5.3.2 The guidance acknowledges the importance of promoting “sustainable rural communities with access to high quality public services” (Para. 2.4.4) through the efficient use of land, by encouraging mixed tenure communities, that are well designed and located in close proximity to services, employment and other facilities (Para 9.1.2). All these issues are encapsulated in the Council’s Sustainable Strategic Settlement Hierarchy.

5.3.3 Additional guidance is contained in TAN1 Joint Housing Land Availability Studies (2006) and TAN2 Planning and Affordable Housing (2006). The former indicates that local authorities should ensure that a continuous 5-year supply of land for housing is genuinely made available, whilst TAN2 recognises the importance of providing affordable housing and provides advice for developing suitable policies.

5.4 Powys’ Requirement for New Housing

5.4.1 Household projections provide a good guide for determining an area’s future requirement for housing. These are essentially a function of demographic changes specific to the area and take account of natural change within the population (births and deaths), migration in and out of the area, and changes in household size. Local Planning Authorities are advised by Planning Policy Wales to not only take account of the latest household projections but also local housing strategies and assessments and a range of other relevant considerations. The Council therefore accepts that the projections represent only an indicative guide to the dwelling requirements and realises that it would be unrealistic and impractical to apply them too rigidly; especially as the assumptions underpinning them may change over time.

5.4.2 The County Council acknowledges that a number of other factors must be considered in planning for the future supply of housing land. These include:

Housing 60 Powys County Council UDP 2001-2016 Adopted March 2010 ______

 Strategic considerations as laid down by the Strategic Growth Strategy and Strategic Settlement Hierarchy in Part I. These envisage the integration of future housing with other forms of development in sustainable locations.  The Powys Housing Needs Survey (2002) - refer to Section 5.6 below.  The capacity of a settlement and its surrounding area to accommodate more housing development, including the constraints posed by environmental, conservation and cultural interests, and the capacity of existing or planned infrastructure.

5.4.3 In preparing the Plan, the County Council approached a wide number of statutory organisations including Town and Community Councils, infrastructure and service providers. The views of these organisations have also had an input into planning the supply of housing land.

5.4.4 The influence and contribution that all these factors have in determining a settlement’s future capacity for housing, and other forms of development, is not to be under-estimated. It is for this reason that the Council supports the ‘plan, monitor and manage’ approach for determining the provision of housing land in the County. This is considered to be the most practical and realistic method of planning for the long-term housing needs of Powys’ resident households. Although household projections remain a central component of this approach, many other factors are also considered. Flexibility is therefore a necessary feature of this approach because it allows for variations and differences between local housing markets, economic factors and community needs to be taken into account, as well as the development constraints that exist from place to place.

5.5 Housing Projections - 2001-2016

5.5.1 The starting point in projecting Powys’ future housing requirement is to profile the demand for additional or new ‘open market houses’ arising from an area’s population over a given period, which in this instance is from 2001-2016. Open market housing, as its name implies, is residential accommodation available for purchase or rent on the open market.

5.5.2 Projecting the requirement for additional or new dwellings over the UDP’s 15 year plan period is determined principally by modelling demographic changes and in particular the dynamics of population and household change. Using a combination of statistics published by the Office for National Statistics (ONS) and the Government Actuary’s Department (GAD) - 2001 Census, 1999-2001 Migration Estimates, 1998 and 2001 Mid-Year Population Estimates, 1997-2001 Mortality rates and 2001 Fertility Rates - it is projected that the total population of the Powys UDP area (i.e. Powys Excl. BBNP) will climb from 105,513 in mid 2001 to 110,473 persons in 2016, a rise of 4,960 (4.7%). This equates to an average increase in the area’s population of 331 ppa. (See Table H1).

5.5.3 These projections are based on the assumption that net migration into Powys (incl. BBNP) will continue at the current level of +830 persons per annum (5,180 in migrants pa, 4,350 out migrants). The age profile of the county’s population is also set to change and it is projected that the number of pensioners (females 60+, males 65+) will rise from 28,917 in mid 2001 to 42,283 by mid 2016, an increase of 46% or 891 ppa. The corollary of this is that the population aged 0-15 years will reduce from 24,468 in 2001 to 19,217 by 2016, a decline of -21%. In between, the

Housing 61 Powys County Council UDP 2001-2016 Adopted March 2010 ______number of adults of working age (females 16-59, males 16-64) will fall from 69,755 to 67,791, an overall decrease of -2.8%. These characteristics reflect the fact that life expectancy is increasing and birth rates are in decline. Deaths are projected to outpace births per annum, and therefore the net natural change in the population would drop still further from -234 ppa in 2001 to -659 ppa in 2016. Thus population growth in Powys is only achieved by in-migration exceeding migration out of the County.

5.5.4 Household projections were derived from the population projections by applying Census information on household headship rates among each age group together with Census and local information about the numbers of older people living in communal establishments. It is projected that the number of households living in the UDP area will rise from 45,303 in mid 2001 to 51,439 in mid 2016. This represents an increase of 13.5% or 6,135 households living in the Plan area. This equates to an increase of 409 households per annum across the 15-year plan period.

5.5.5 It is apparent from these projections that the number of households being formed over the plan period is only slightly greater than the projected increase in population i.e. 6,135 new households compared to 4,960 persons. This is because household size is decreasing and it is projected to continue to fall over the plan period. Therefore even if the population of Powys was static or fell slightly, there would still be a need for additional dwellings to house the greater number of households being formed.

5.5.6 The following table indicates the number of dwellings required to meet the projected growth in households, distributed by Shire but excluding the area within the BBNP. Variations will exist locally within each of the Shires because a variety of factors influence household growth, including differences in migration patterns, age and gender structures, as well as the affects of economic and cultural factors.

Table H1: Projected Dwelling Requirement by Shire

Mid 2001 Mid 2016 2001 – 2016 1. 2. 3. 4. 5. Pop. (No.) H/holds Projected Projected Dwelling (No.) Pop. (No.) H/holds (No.) Requirement [i.e. 4-2] Brecknockshire 21,998 9,439 22,877 10,638 1,199 (80 pa) (ex BBNP) Montgomeryshire 59,512 25,524 62,534 29,166 3,642 (243 pa) Radnorshire 24,003 10,340 25,062 11,634 1,294 (86 pa) Powys Total 105,513 45,303 110,473 51,439 6,135 (409 pa) Source: Powys County Council, Research and Information Unit, UDP Projections, May 2004

5.6 Powys Housing Needs Survey, 2002

5.6.1 Whilst the projections are useful and provide a statistical prediction of how the County’s population and household structure is expected to change given the circumstances explained in the previous section, the Council acknowledges that they are not the only information that should be taken into account. They represent a fairly blunt instrument or measure and the assumptions underpinning them are susceptible to change. Also, they do not provide a clearer insight into household needs or the

Housing 62 Powys County Council UDP 2001-2016 Adopted March 2010 ______changes that may be occurring in particular areas. To overcome these difficulties and obtain a better understanding and grasp of housing needs and local circumstances, the County Council, in partnership with the Welsh Assembly Government and Brecon Beacons National Park Authority, commissioned consultants (Opinion Research Services Ltd) in August 2001 to undertake a housing needs survey of Powys. The survey involved a full postal census of all households living in Powys in November 2001.

5.6.2 As the survey's name implies, its main objective was to assess the overall housing needs of Powys’ households over the five year period 2001-2006 including the need for affordable housing. The Study calculated an annual shortfall of 426 dwellings across Powys (excl. BBNP), of which 63% (268 dwellings) was for owner occupied housing and 37% (158 dwellings) for affordable housing. This shortfall and its breakdown at a Shire level is broadly in line with the projected dwelling requirement shown in Table H1. At a Planning Area level shortfalls of affordable housing were consistently found across the County. The Study has been used to inform the strategic planning priorities of the County Council and other organisations involved in the enablement and provision of social housing in Powys, including the Council’s Housing Strategy (2004-2009) and the Policies on Affordable Housing found later in this Chapter.

5.7 Housing Allocations and Land Supply

5.7.1 Having statistically projected a housing requirement for the Plan Area of 6,135 additional dwellings for the 15 year plan period, and considered the shortfalls identified by the Housing Needs Study, the UDP must provide sufficient land to meet the requirement at the same time as taking account of the influences of local factors and considerations. This approach is supported by the Welsh Assembly Government which indicates that UDPs should seek only to identify sufficient land to meet their housing requirement (PPW, 2002, Paragraph 9.2.7). The allocation of housing land is considered below on a Shire-by-Shire basis, whilst the settlement descriptions accompanying the proposal map insets provide a detailed summary for each settlement.

5.7.2 What is a Housing Allocation?

5.7.3 Large Sites, as defined below, that already benefit from planning permission are recognised on the proposals map insets as committed sites labelled with the letter “c”. These contribute towards the supply of housing land in the Plan together with additional allocations. Before looking at the Shire allocations, it is important to explain how the housing allocations will be met. There are two sources:

A. Allocated Housing Sites (Large Sites)

5.7.4 Sites that can accommodate 5 or more open market dwellings are allocated as housing sites and are shown on the inset maps and listed in the settlement descriptions. A schedule of these sites for each shire is included in Appendix 2. Because the plan period started in mid 2001 (1/7/01), some sites will have dwellings that have already been completed or are under construction. Both these count towards the UDP’s housing requirement and are included within the total allocation for each site, along with the number of available remaining units. Planning permission may also have been granted on some of these sites, but not all of them. These sites are, or will be in due course, included within the Joint Housing Land Availability Study undertaken

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B. Allowance for Completions on Small Sites Over the Plan Period (Small Sites)

5.7.5 Small housing sites (less than 5 units), individual dwellings, residential conversions, and subdivisions also count towards meeting the UDP’s housing requirements. These sites are essentially ‘windfall’ sites and for obvious reasons are not identified as allocations on the proposals or inset maps. Although affordable houses on rural exception sites provide another supply of housing, as they are exceptions to normal housing policies they cannot be counted within this allowance. An allowance is made for the contribution that small sites make over the plan period by projecting forward by 15 years the average number of houses that have been completed annually over the previous 5 years (mid-1996 to mid-2001).

5.8 Shire Housing Allocations

POLICY HP1 - SHIRE HOUSING ALLOCATIONS

SUFFICIENT LAND IS ALLOCATED TO THE THREE SHIRES TO ACCOMMODATE 6750 NEW DWELLINGS IN THE POWYS UDP AREA BETWEEN 2001-2016 AS FOLLOWS: LARGE SITES SMALL SITES TOTAL ALLOCATION ALLOWANCE ALLOCATION BRECKNOCKSHIRE 770 470 1240 (EX BBNP) MONTGOMERYSHIRE 2820 1280 4100 RADNORSHIRE 1090 320 1410 POWYS TOTAL 4680 2070 6750 (EX BBNP)

5.8.1 The figures in the above table are derived from the detailed planning area allocations in the following sections but have been rounded for convenience. The Council acknowledges that the UDP allocates land in excess of the projected housing requirement. This is deliberate because it is important to provide a range and choice of sites for development, particularly in the area centres, where ownership, speculative land banks, or development constraints can all conspire to reduce or delay the construction of new homes. Also, not all sites with planning permission will be implemented or completed in the Plan period. The over-allocation is therefore seen as a practical necessity to ensure that sufficient land comes forward to meet the County’s housing needs, as monitored by the joint housing land availability study (see section 5.10).

5.8.2 Across Powys as a whole, the over-allocation amounts to about 10% and this will help to ease the transition between the historically higher levels of housing development and the more modest rates proposed in this plan. However, the housing allocations do represent a slow down in the rate of housing development compared with the previous structure plan period, with the inevitable consequence that there would have been an over-supply of housing land at the start of the UDP plan period. As a result, a review of all sites previously allocated has been undertaken leading ultimately to some sites that were previously identified for housing use within the Local Plans not being included in the UDP.

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5.8.3 The following sections of the chapter indicate how the housing allocations will be distributed within the individual Shires and their planning areas and across the settlement hierarchy. It should be noted that the size of allocation for the highest level of settlement in the hierarchy will vary between planning areas. This is a result of the different characteristics of those planning areas, local variations in the demand for housing and the capacity of the respective settlements to absorb new housing development. For example, the allocations for the area centres in Llanfair Caereinion and Machynlleth planning areas are lower than area centres elsewhere because of physical constraints and the need to protect the Welsh language and culture (See Section 3.9). In contrast, those for Llandrindod Wells, Newtown and Welshpool have larger housing allocations to match the major strategic employment land allocations in those areas.

5.8.4 Nevertheless, within each planning area there is a clear hierarchical relationship between the scale of housing development proposed for each category in the settlement hierarchy. This is indicated by the average housing allocations for individual settlements in the different categories as shown in the tables in the following sections. In some instances, quite large villages are to be found in one of the lower categories in the hierarchy. This is not a reflection of their status nor of the role that they may perform as local service centres. It is rather because the housing land allocations proposed for them are more modest often as a result of severe physical or infrastructure constraints or in recognition of the high rate of development experienced in the recent past which suggests that a period of assimilation is desirable. Where this is the case, the reasons for the position in the settlement hierarchy are explained in the text accompanying the inset map for the settlement.

5.8.5 Brecknockshire’s (Ex. BBNP) Housing Allocation

 Projected Dwelling Requirement: 1199 (80 p.a.)  Housing Allocation: 1240 (83 p.a.)

5.8.6 The former Powys County Structure Plan (Replacement), adopted in 1996, projected that Brecknockshire (Ex BBNP) should accommodate sufficient land for the construction of 900 dwellings (60 p.a.) between 1991-2006. The current household projections prepared for the Unitary Development Plan indicate a slight increase in this dwelling requirement and the housing allocation proposed in the plan is somewhat higher than this for the reasons outlined in section 5.8 above. It is expected that Small Sites in Brecknockshire will contribute approximately 470, new dwellings over the fifteen-year period. This figure is lower than that indicated in the 2000 Housing Land Availability Study as this reflects the new sustainable settlement hierarchy in the plan and the tightening of settlement development boundaries. Nevertheless, it is expected that small sites will continue to be an important source for new homes. Consequently, by taking into account the contribution that small sites make in Brecknockshire, the Council considers it appropriate to allocate land to accommodate approximately 770 new dwellings on large housing sites (5+dwellings) over the plan period 2001-16. The large and small sites together give a total allocation of about 1240 dwellings. Over the same period the Brecon Beacons National Park Authority makes provision for some 1,980 extra dwellings to be built in the National Park.

5.8.7 Table H2 below shows how the projected housing requirements for Brecknockshire will be distributed for each planning area, indicating that the majority of housing will be provided within the two largest Planning Areas, namely Builth Wells

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(around 310 dwellings) and Ystradgynlais (around 250 dwellings). There are smaller allocations for the other planning areas as much of the Brecon planning area lies within the National Park and all the other planning areas are split between Brecknockshire and Radnorshire. The distribution of the housing allocation also reflects differences in the number of settlements to be found in each planning area and their positions within the categories of the plan’s Sustainable Settlement Hierarchy.

Table H2 – Distribution of Brecknockshire’s Housing Allocation (Ex. BBNP)

Planning Area Allocations on (Ex BBNP) large sites Brecon* 50 Builth* 308 Hay/Talgarth* 158 Rhayader* 6 Ystradgynlais* 247 Sub total for large sites 769 Small sites contribution 470 Breckockshire Total 1239 (Note * - Planning Area Split with Radnorshire and/or BBNP)

5.8.8 Table H3 illustrates the spread of the housing allocations on large sites across the different categories in the hierarchy. The averages given for settlements in the different categories illustrate how the relationship between the different levels in the Sustainable Settlement Hierarchy is reflected in Brecknockshire housing allocations.

Table H3 – Brecknockshire’s (Ex. BBNP) Housing Allocation by Settlement Category

Planning Area Centre Key Settlement Large Village Small Village Area (Ex BBNP) Total Average Total Average Total Average Total Average Brecon* - - - - 42 14 8 2 Builth Wells* 203 203 71 71 34 8 0 0 Hay/Talgarth* - - 91 45 62 31 5 2 Rhayader* ------6 6 Ystradgynlais* 155 155 - - 92 18 0 0 Breck. Total 358 179 162 54 230 16 19 1 (Note * - Planning Area Split with Radnorshire and/or BBNP)

5.8.9 Montgomeryshire’s Housing Allocation

 Projected Dwelling Requirement: 3642 (243 pa)  Housing Allocation: 4100 (273 pa)

5.8.10 According to the former Powys County Structure Plan (Replacement) 1996, it was projected that 4,860 (324 per annum) new households would be formed in Montgomeryshire over the 15-year plan period 1991-2006. The projections prepared for the UDP indicate that the rate at which new households are formed will fall to an average of 243 per annum, giving a total of 3642 new households over the 15-year period. This represents a slow-down in household formation compared with the previous structure plan period. However, the housing allocation proposed in this plan is somewhat higher than the requirement indicated by the household projections for the reasons outlined in section 5.8 above. It is expected that Small Sites in

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Montgomeryshire will contribute approximately 1280 new dwellings over the fifteen- year period in line with the figure indicated in the 2000 Housing Land Availability Study. Taking these small sites into consideration, the Council considers it appropriate to allocate further land to accommodate approximately 2820 new dwellings on large housing sites (5+dwellings) over the plan period 2001-16. When rounded, the large and small sites together give an allocation of about 4100 dwellings.

5.8.11 Table H4 below shows how the projected housing requirements for Montgomeryshire will be distributed for each planning area, indicating that the largest amounts of new housing are proposed in the Newtown and Welshpool Planning Areas. This reflects the recent growth experienced in the Severn Valley and complements the strategic employment site allocations in this plan. The more modest allocations for the Llanfyllin and Llanidloes Planning Areas take into account the smaller size of their Area Centres and the smaller number of Key Settlements identified within the sustainable settlement hierarchy in those areas. In Machynlleth and Llanfair Caereinion Planning Areas in particular, the protection of the Welsh language and culture are important considerations. As a consequence, housing allocations are somewhat reduced and no Key Settlements are identified in those Planning Areas.

Table H4 – Distribution of Montgomeryshire’s Housing Allocation

Planning Area Allocations on large sites Lanfair Caereinion 150 Llanfyllin 283 Llanidloes 300 Machynlleth 121 Newtown 1221 Welshpool 743 Sub total for large sites 2818 Small sites contribution 1275 Mont. Total 4,093

5.8.12 Table H5 below illustrates the spatial distribution of housing allocations on large sites across the different categories in the hierarchy. The averages given for settlements in the different categories illustrate how the relationship between the different levels in the Sustainable Settlement Hierarchy is reflected in Montgomeryshire’s housing allocations.

Table H5 - Montgomeryshire’s Housing Allocation by Settlement Category

Planning Area Centre Key Settlement Large Village Small Village Area Total Average Total Average Total Average Total Average Lanfair Caer. 62 62 - - 58 29 30 5 Llanfyllin 82 82 70 70 111 19 20 3 Llanidloes 140 140 120 60 25 25 15 5 Machynlleth 51 51 - - 40 20 30 2 Newtown 683 683 479 80 26 26 33 4 Welshpool 266 266 244 61 221 25 12 1 Mont. Total 1284 198 913 70 481 23 140 3

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5.8.13 Radnorshire’s Housing Allocation

 Projected Dwelling Requirement: 1294 (86 pa)  Housing Allocation: 1410 (94 pa)

5.8.14 Compared to the 15 year housing projections of the Powys Structure Plan (Replacement), 1996, household growth in Radnorshire is forecast to decrease significantly over the UDP’s plan period in the current household projections. Thus, whilst the Structure Plan provided for a housing growth rate of 141 dwellings per annum, the dwelling requirement for the UDP is projected at 86 dwellings p.a.

5.8.15 Nevertheless, the housing allocation proposed in this plan is somewhat higher than the requirement indicated by the household projections for the reasons outlined in section 5.8 above. It is expected that Small Sites in Radnorshire will contribute approximately 320 new dwellings over the fifteen-year period. This figure is that indicated in the 2000 Housing Land Availability Study and reflects the lower rate of household growth. Small sites will continue to be an important source for new dwellings and by taking these small sites into consideration, the Council considers it appropriate to allocate further land to accommodate approximately 1090 new dwellings on large housing sites (5+dwellings) over the plan period 2001-16. When rounded, the large and small sites together give an allocation of about 1410 dwellings.

5.8.16 Table H6 below shows how the housing allocations on large sites in Radnorshire will be distributed for each planning area. It indicates that the majority of housing would be provided within the largest planning area, Llandrindod Wells, amounting to 490 dwellings. Other large housing allocations are distributed between the remaining planning areas, taking into account the differences in the number of settlements to be found in each planning area and their positions within the categories of the plan’s Sustainable Settlement Hierarchy. It should also be noted that a number of planning areas are split between Radnorshire and Brecknockshire and therefore their allocations in the table are reduced in consequence.

Table H6 - Distribution of Radnorshire’s Housing Allocation

Planning Area Allocations on large sites Builth* 5 Hay/Talgarth* 98 Knighton 185 Llandrindod 490 Presteigne 122 Rhayader* 186 Sub total for large sites 1086 Small sites contribution 320 Radnor. Total 1406 (Note * - Planning Area Split with Brecknockshire and/or BBNP)

5.8.17 Table H7 below illustrates the spatial distribution of housing allocations on large sites across the different categories in the hierarchy. The averages given for settlements in the different categories illustrate how the relationship between the different levels in the Sustainable Settlement Hierarchy is reflected in Radnorshire’s housing allocations.

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Table H7 – Radnorshire’s Housing Allocation by Settlement Category

Planning Area Centre Key Settlement Large Village Small Village Area Total Average Total Average Total Average Total Average Builth Wells* ------5 0 Hay/Talgarth* - - - - 68 34 30 5 Knighton 131 131 - - 37 37 17 3 Llandrindod 302 302 114 38 33 16 41 5 Presteigne 84 84 - - - - 38 4 Rhayader* 160 160 - - - - 26 5 Radnor. Total 677 169 114 38 138 27 157 4 (Note * - Planning Area Split with Brecknockshire and/or BBNP)

5.9 Former Housing Allocations and Permissions

5.9.1 Given the imperative of delivering a more sustainable future pattern of development over the life of the UDP and beyond, it is only right that the existing local plan proposals for each settlement should be reviewed. This means re-considering the decisions that have been made in the past to allocate particular sites for housing, even if they may have previously had planning permission. In its widest sense, this review must consider which settlements are the most sustainable for accommodating all types of development, and not just housing, in accordance with the UDP’s Sustainable Growth Strategy.

5.9.2 In reviewing each settlement and assigning it a category-type within the Strategic Settlement Hierarchy, as explained in the inset map Settlement Descriptions, the Council has taken many factors into account including the availability of local services and facilities, employment provision, development and capacity constraints. It is apparent from this process that some former housing allocations and planning permissions cannot be justified in sustainability terms and they therefore conflict with the strategic aims of the UDP. Some of these sites have therefore been removed from the Plan, and when applications to renew former permissions on such sites are received, they will be refused if they no longer accord with the strategy and policies of the UDP. For example, development proposals on land shown to lie within an area at high risk of flooding on the Development Advice Mapping accompanying TAN15 will be refused.

POLICY HP2 - LAPSED PERMISSIONS

PROPOSALS FOR THE DEVELOPMENT OF PREVIOUSLY ALLOCATED SITES, OR FOR THE RENEWAL OF LAPSED PERMISSIONS, WILL BE REFUSED WHEREVER THE DEVELOPMENT WOULD CONFLICT WITH THE STRATEGY AND POLICIES OF THIS PLAN.

5.10 Housing Land Availability

5.10.1 As part of allocating particular sites for future housing development, the Council has allocated those sites that are considered to be the most suitable, especially in sustainability terms, to accommodate the County’s future households. However, whilst development constraints have been taken into account when selecting individual sites and those sites with severe constraints discounted, it is not possible for every allocated site to be totally free of development constraints. The Council is obliged, though, to ensure that there are sites genuinely available to meet the housing needs of the County’s residents.

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5.10.2 The mechanism for assessing availability is provided by the Joint Housing Land Availability Study, which is carried out with the Welsh Assembly Government, Home Builders Federation and other interested parties, in accordance with the provisions of TAN1 Joint Housing Land Availability Studies, 2006. The study assesses and monitors all sites that either have the benefit of planning permission or are allocated by a Plan, and are able to accommodate 5 or more dwellings, and ultimately draws conclusions as to whether there is a 5 year supply of land genuinely available for housing. Because of the rural nature of Powys, a contribution from smaller sites of less than five dwellings has also been included within the Studies. Where deficiencies are revealed by the Study, necessary measures will be taken by the Council to rectify the shortfall, which may be sufficient to trigger a review of the entire plan (or in the first instance the preparation of a Local Development Plan).

POLICY HP3 - HOUSING LAND AVAILABILITY

THROUGH THE PROCESS OF MONITORING AND REVIEW, THE COUNCIL WILL ENSURE THAT THERE IS AT LEAST A FIVE-YEAR SUPPLY OF GENUINELY AVAILABLE LAND FOR HOUSING WITHIN THE PLAN AREA.

5.11 Settlement Categories and Capacities

5.11.1 All settlements in the UDP area have been categorised according to their place in the strategic settlement hierarchy. With the exception of rural settlements, which are the subject of Policy HP9 below and are listed in Appendix 1 to this written statement, the settlement category for a particular settlement can be found in Appendix 2 or the settlement descriptions accompanying the inset maps.

5.11.2 It is important that larger housing schemes are located close to existing facilities in order to ensure that travel demands and journeys are minimised. The facilities that settlements have to offer and their capacity to absorb new housing growth is reflected in their position in the hierarchy. Consequently the UDP allows for a range of housing allocations with Area Centres, at one end of the scale, being expected to cater for the largest housing developments and, at the other end, smaller villages seeing only limited growth in order to sustain the local community. In the smallest settlement category, Rural Settlements, no new housing development is proposed although individual dwellings may be acceptable to cater for affordable housing needs.

5.11.3 All settlements, with the exception of Rural Settlements, have been designated with development boundaries, which are indicated on the Inset Maps. The purpose of having a development boundary for these settlements is to ensure that development is contained rather than causing unnecessary sprawl, which can encroach on the surrounding countryside. This will also ensure that new housing development will be located closer to existing facilities. For these reasons, housing development will normally be permitted only within the defined development limits unless it is for affordable housing under the rural exceptions scheme or to house an agricultural or forestry worker, as explained later in the chapter.

5.11.4 The scale of housing development expected on individual allocated sites and the total capacity of settlements is indicated in Appendix 2. Where planning permission has already been granted, and the actual number of houses to be built is known, these are shown in the appendix. In other cases, an average density of development has been assumed to provide a guideline figure for the site. Although this is not intended to

Housing 70 Powys County Council UDP 2001-2016 Adopted March 2010 ______be prescriptive and can still be subject to negotiations at the detailed development control stage, it is not considered that densities of development should be permitted that would lead to the total capacity of the settlement being significantly exceeded.

POLICY HP4 - SETTLEMENT DEVELOPMENT BOUNDARIES AND CAPACITIES

A. ALLOCATED HOUSING SITES - RESIDENTIAL DEVELOPMENTS COMPLYING WITH UDP POLICY HP5 WILL BE PERMITTED ON SITES ALLOCATED FOR HOUSING DEVELOPMENT ON THE PROPOSALS MAP INSETS WHERE THE SCALE AND DENSITY OF THE DEVELOPMENT WOULD BE IN LINE WITH THE GUIDELINES FOR SITES CONTAINED IN APPENDIX 2. PROPOSALS THAT WOULD LEAD TO THE OVERALL CAPACITY OF THE SETTLEMENT BEING SIGNIFICANTLY EXCEEDED WILL BE REFUSED.

B. WINDFALL SITES - RESIDENTIAL DEVELOPMENT WILL ALSO BE PERMITTED ON OTHER SUITABLE SITES WITHIN DEVELOPMENT BOUNDARIES THAT COMPLY WITH UDP POLICY HP5 AND WHERE THE SCALE AND DENSITY OF THE DEVELOPMENT WOULD NOT LEAD TO THE OVERALL CAPACITY OF THE SETTLEMENT BEING SIGNIFICANTLY EXCEEDED AND THE SITE (S) WOULD BE IN ACCORDANCE WITH THE FOLLOWING GUIDELINES:

 AREA CENTRES: SITES WITH A CAPACITY OF UP TO 30 DWELLINGS.  KEY SETTLEMENTS: SITES WITH A CAPACITY OF UP TO 20 DWELLINGS.  LARGE VILLAGES: SITES WITH A CAPACITY OF UP TO 10 DWELLINGS.  SMALL VILLAGES: SITES WITH A CAPACITY OF UP TO 5 DWELLINGS.

C. OUTSIDE SETTLEMENT DEVELOPMENT BOUNDARIES, PROPOSALS FOR NEW RESIDENTIAL DEVELOPMENT WILL ONLY BE APPROVED WHERE THEY COMPLY WITH UDP POLICIES HP6, HP8 OR HP9.

5.12 Residential Developments

5.12.1 Residential development of any scale can have an impact on a settlement’s character, therefore in controlling residential development the Council will ensure that new housing is designed to reflect that character. This is particularly the case for the recent trend of estate style housing, of nearly identical houses, which the Council view as being inappropriate on an individual and collective basis. Consequently, for larger schemes the Council will encourage new developments which consist of a range of dwelling types and sizes including an appropriate mix of, for example, detached, semi- detached, terraced and special needs accommodation. This not only improves the visual impact of the development but also helps to create more balanced and varied communities.

5.12.2 In some instances, new housing development may place a greater demand on local community facilities because of the additional users it is likely to generate. When considering such proposals, the Council will assess whether there is a requirement for additional or improved essential community facilities as a result of the development. Community Chapter Policy CS3 outlines the criteria that will be applied when considering additional demand for facilities.

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5.12.3 The following policy will be used for determining residential applications on allocated housing sites or elsewhere within those settlements that have a defined development limit, as shown on the inset maps.

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.

5.13 Dwellings in the Open Countryside

5.13.1 The purpose of the Council’s Sustainable Strategic Settlement Hierarchy is to promote sustainable patterns of development, thus ensuring that the countryside is safeguarded from sporadic developments, which, in aggregate, would seriously detract from its character and appearance. For the purpose of the UDP, the open countryside is defined as all areas within Powys outside a defined settlement. To this end, within the open countryside new dwellings will only be permitted where it is proven to be essential to the undertaking of agricultural/forestry activities or for rural enterprises which will benefit the diversification of the rural economy. Suitable rural enterprises are those that can successfully demonstrate that they add value to local resources and to achieve this it is necessary to live ‘on-the-spot’. It may be appropriate to grant permission for a temporary caravan to assess whether a not a particular proposal is sustainable and viable. The only exceptions to this are where the proposed development is for affordable local needs housing in compliance with the policies in the next section of this chapter. Given the nature of this type of development, proposals must ensure that measures are taken to ensure sensitive landscaping and the protection of biodiversity.

5.13.2 The burden of proof lies with applicants whenever housing in the countryside is proposed. The Council will need to be satisfied that there is a real and overriding need for the proposed dwelling that justifies an exception to the strict control on development in the countryside. To this end the Council will normally seek detailed information regarding the enterprise’s viability, stocking levels, labour requirements, existing and former accommodation and the potential for building conversions on the farm, before any decision is reached. The proposal will need to satisfy both a functional test, to prove that the enterprise requires a worker to be readily available at most times, and a financial test to establish that the enterprise is economically viable.

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5.13.3 Where planning permission is granted for a new dwelling, occupancy conditions will be imposed on the dwelling itself, and on other existing dwellings on the holding. The purpose of this is to restrict the occupancy of the dwelling to households undertaking agricultural, forestry or other relevant rural enterprises and to prevent existing farm dwellings from being sold separately at a later date without further consultation with the Council. A planning obligation may also be used to tie the dwelling to the enterprise/farm that provided the justification for the dwelling. Where occupancy conditions and obligations have been imposed as part of a planning consent, they will not be removed following a subsequent application unless it is demonstrated that the long term need for the dwelling for agricultural, forestry or a rural enterprise, both on the particular farm and in the locality, no longer warrant its reservation for that purpose.

5.13.4 Where an application for a new dwelling in the open countryside has been approved, the Council will grant planning permission for a caravan allowing temporary accommodation to be provided during the construction period in accordance with Policy HP19 below. This period will not normally exceed two years.

POLICY HP6 - DWELLINGS IN THE OPEN COUNTRYSIDE

UNLESS THE PROPOSAL IS FOR A DEVELOPMENT IN COMPLIANCE WITH THE AFFORDABLE HOUSING POLICIES OF THIS PLAN, PROPOSALS FOR DWELLINGS IN THE OPEN COUNTRYSIDE WILL ONLY BE PERMITTED FOR AGRICULTURAL OR FORESTRY USES (AS DEFINED IN SECTION 336 OF THE TOWN AND COUNTRY PLANNING ACT 1990) OR IN ASSOCIATION WITH A SUITABLE RURAL ENTERPRISE. SUCH DWELLINGS WILL ONLY BE ACCEPTABLE WHERE THEY MEET THE FOLLOWING CRITERIA:

A. IT CAN BE CLEARLY DEMONSTRATED THAT THERE IS A FUNCTIONAL NEED FOR THE DEVELOPMENT AND THAT THE PROPOSED ENTERPRISE WOULD BE FINANCIALLY VIABLE. B. THE DWELLING SHOULD UTILISE AN EXISTING BUILDING IN ACCORDANCE WITH THE CONVERSION POLICY (GP6) OR IF NONE IS AVAILABLE, ANY NEW DWELLING SHALL BE LOCATED ADJACENT TO EXISTING BUILDINGS WHEREVER POSSIBLE.

IN ALL CASES, PLANNING PERMISSION WILL ONLY BE GRANTED SUBJECT TO THE ATTACHMENT OF AN OCCUPANCY CONDITION RESTRICTING THE OCCUPATION OF THE DWELLING AND EXISTING DWELLINGS ON THE HOLDING THAT ARE ASSOCIATED WITH THE ENTERPRISE TO PERSONS SOLELY OR MAINLY EMPLOYED IN AGRICULTURE OR FORESTRY IN THE LOCALITY OR PERSONS SOLELY OR MAINLY EMPLOYED IN CONNECTION WITH A SUITABLE RURAL ENTERPRISE.

WHEREVER IT IS CONSIDERED NECESSARY, A PLANNING AGREEMENT WILL BE SOUGHT TO TIE THE PROPOSED DWELLING, AND ANY EXISTING DWELLINGS, TO THE FARM, OR FORESTRY ENTERPRISE IN PERPETUITY.

THE REMOVAL OF AN OCCUPANCY CONDITION OR PLANNING OBLIGATION WILL ONLY BE CONSIDERED ON THE BASIS OF REALISTIC ASSESSMENTS OF THE CONTINUING NEED FOR ITS RETENTION AND WHERE GENUINE BUT UNSUCCESSFUL ATTEMPTS HAVE BEEN MADE TO MARKET THE DWELLING IN CONNECTION WITH THE EXISTING USE FOR A PERIOD OF AT LEAST 12

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MONTHS AT A PRICE THAT REALISTICALLY REFLECTS THE EXISTENCE OF THE OCCUPANCY CONDITION.

5.14 Affordable Housing

5.14.1 The Council is concerned that many local people in both urban and rural areas are unable to purchase or rent adequate affordable housing on the open market. In order to alleviate this situation, and to provide affordable housing that is accessible to those on lower incomes, the Council has identified the need to provide a proportion of affordable housing on larger allocated housing sites. In addition small-scale affordable housing developments may be acceptable outside but adjoining settlement development boundaries under the rural exceptions scheme or as individual dwellings in Rural Settlements. The Council will work together with registered social landlords and private developers to secure the provision of affordable housing to meet the identified need.

5.14.2 Affordable housing is property made available at a price below full market value to meet an identified local need for housing as determined by a local housing needs survey. Affordable housing encompasses both low cost market and subsidised housing, (irrespective of tenure or ownership – whether exclusive or shared - or financial arrangements) that will be available to people who cannot afford to rent or buy houses generally available on the open market because of the relationship between local housing costs and incomes. There can be a wide range of affordable housing including housing for rent, equity sharing, self-build and leasehold schemes. The types of new houses provided should be appropriate to the needs of a variety of household sizes, particularly smaller households. The housing to be provided will be required to be available as affordable housing to each successive occupier in order to satisfy the continuing need for such accommodation. All proposals for affordable housing will be expected to comply with Policy HP10. Detailed guidance on the Plan’s affordable housing policies is provided as Supplementary Planning Guidance.

5.14.3 Affordable Housing Provision in Settlements

5.14.4 In addressing the need for affordable housing in Powys, the Council will seek to negotiate the provision of affordable housing on sites allocated for housing by the plan and on all windfall sites capable of accommodating five or more units – or 0.3 hectares and over – in towns and villages where the housing needs survey or other reliable and robust data sources have identified a requirement for such housing. Data sources of this nature include the housing registers of the local authority or registered social landlords. The splitting of sites or phasing of development to avoid the provision of affordable housing will not be acceptable.

5.14.5 The negotiation process will be the key to actual provision by ensuring that each site is capable of providing the necessary subsidy and yet still able to be developed economically. All negotiations for the provision of affordable housing will be based on the characteristics - development costs, constraints and nature - of each individual site and whilst all eligible sites will be expected to contribute, the degree of provision actually achieved will vary in relation to the circumstances of each site. Although the scale of affordable housing to be provided will be a matter for negotiation for each individual site, as a guideline, proportions of between 30-35% should normally be achievable and this is in line with the level of need identified in the Housing Needs Study 2002.

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5.14.6 Options for the type and mix of affordable housing in a particular scheme include housing for rent, shared or assisted ownership housing, low cost housing for sale and low cost serviced plots for self-build. It may also be acceptable to meet the affordable housing requirement by the provision of appropriate housing on an alternative site. This off-site provision may also be in the form of a contribution towards alternative affordable housing units or through commuted payments, which would be returned to the developer if they remained unspent after a period of five years. The Council will need to be satisfied of the suitability of any alternative site proposal.

POLICY HP7 - AFFORDABLE HOUSING WITHIN SETTLEMENTS

A. FOR DEVELOPMENT PROPOSALS ON SITES FOR 5 OR MORE HOUSES WITHIN THE DEVELOPMENT BOUNDARIES OF SETTLEMENTS, A PROPORTION OF AFFORDABLE HOUSING WILL BE SOUGHT BASED ON THE EXTENT AND TYPE OF NEED, AS IDENTIFIED BY THE COUNCIL’S HOUSING NEEDS SURVEY (2002), SUCCESSIVE SURVEYS OR OTHER RELIABLE AND ROBUST DATA SOURCES, AND THE NATURE OF THE SITE. B. UNLESS THE AFFORDABLE HOUSING IS TO BE PROVIDED BY A REGISTERED SOCIAL LANDLORD, PLANNING PERMISSION WILL ONLY BE GRANTED IF THE DEVELOPER HAS FIRST ENTERED INTO A PLANNING OBLIGATION TO ENSURE THAT THE HOUSING REMAINS AFFORDABLE IN PERPETUITY. C. FOR HOUSING TO BE CONSIDERED TO BE AFFORDABLE, IT SHOULD COMPLY WITH UDP POLICY HP10 AND INITIAL AND FUTURE OCCUPANCY WILL BE LIMITED TO THOSE COMPLYING WITH THAT POLICY. D. THE REMOVAL OF THE REQUIREMENT THAT THE HOUSING REMAINS AFFORDABLE IN PERPETUITY WILL ONLY BE CONSIDERED ON THE BASIS OF REALISTIC ASSESSMENTS OF THE CONTINUING NEED FOR ITS RETENTION. AND WHERE SUBSTANTIAL BUT UNSUCCESSFUL EFFORTS HAVE BEEN MADE FOR AT LEAST 12 MONTHS TO SELL OR LET THE PROPERTY AT A PRICE THAT REALISTICALLY REFLECTS THE EXISTENCE OF THE OCCUPANCY RESTRICTION.

5.14.7 Affordable Housing Outside Settlement Development Boundaries

5.14.8 The Welsh Assembly Government has also recognised that there are particular difficulties in securing an adequate supply of affordable housing for local needs in rural areas. Planning Policy Wales enables local authorities to consider releasing land for small-scale affordable housing schemes on sites adjoining villages as an exception to normal restraint policies to help to ensure the viability of the local community. Such housing must be in keeping with its surroundings, local building styles and the scale of the existing village and adequate arrangements must be in place to reserve the affordable housing for local needs in perpetuity. It is not considered that such rural exceptions should apply to Area Centres, as these should have sufficient allocations within their development boundaries to cater for affordable housing needs. Therefore the policy only relates to the lower levels in the settlement hierarchy.

POLICY HP8 - AFFORDABLE HOUSING ADJOINING SETTLEMENTS WITH DEVELOPMENT BOUNDARIES

WITH THE EXCEPTION OF AREA CENTRES, FAVOURABLE CONSIDERATION WILL BE GIVEN TO PROPOSALS FOR AFFORDABLE HOUSING TO MEET LOCAL

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NEEDS IN RURAL AREAS, AS AN EXCEPTION TO NORMAL HOUSING POLICIES, IN CASES WHERE ALL THE FOLLOWING CRITERIA ARE MET:

1. THE SITE ADJOINS A SETTLEMENT WITH A DEVELOPMENT BOUNDARY. 2. THE PROPOSAL IS SMALL IN SCALE, WELL LOCATED AND SENSITIVELY DESIGNED IN KEEPING WITH ITS SURROUNDINGS AND LOCAL BUILDING STYLES. 3. THE HOUSING SHOULD REMAIN AFFORDABLE IN PERPETUITY AND COMPLY WITH POLICY HP7, CRITERIA (B), (C) AND (D). 4. THE PROPOSAL COMPLIES WITH UDP POLICY HP10.

5.14.9 Affordable Housing in Rural Settlements

5.14.10 Powys has a very dispersed settlement pattern including many small Rural Settlements where it would not be appropriate to encourage significant new housing development on sustainability grounds. Nevertheless, in order to support deeply rural communities, it is considered that individual affordable local need houses could be acceptable in these settlements as an exception to normal housing policies. Given the high landscape quality of rural areas in Powys, it is important that any houses permitted in Rural Settlements should be sensitively located and designed and be in keeping with the character of the area. Once again it is important that any houses permitted under the following policy should remain affordable in perpetuity. The Rural Settlements to which the policy applies are identified in Appendix 1 - Rural Settlements in Powys.

5.14.11 In circumstances where an individual household or person wishes to construct a house on the grounds of affordability, the applicant must demonstrate their personal need and will be expected to provide evidence of the following:

 The household’s financial and personal circumstances.  Efforts sought to obtain suitable housing on the open market.  The price (mortgage) or rent the household is able to pay for accommodation.  The need to locate in a particular area.  The constraints of obtaining alternative accommodation.

POLICY HP9 - AFFORDABLE HOUSING IN RURAL SETTLEMENTS

AS AN EXCEPTION TO NORMAL HOUSING POLICIES, THE DEVELOPMENT OF SINGLE DWELLINGS WITHIN RURAL SETTLEMENTS WHICH PROVIDE AFFORDABLE HOUSING FOR LOCAL NEED WILL BE PERMITTED WHERE THEY COMPLY WITH THE FOLLOWING CRITERIA:

1. THE DWELLING WOULD BE SENSITIVELY LOCATED AND DESIGNED AND WOULD BE CAPABLE OF BEING INTEGRATED INTO THE SETTLEMENT WITHOUT UNACCEPTABLY ADVERSELY AFFECTING THE AMENITY AND CHARACTER OF THE AREA. 2. SATISFACTORY ARRANGEMENTS HAVE BEEN MADE THAT ENSURE THE HOUSING REMAINS AFFORDABLE IN PERPETUITY AND THE DEVELOPMENT WOULD COMPLY WITH POLICY HP7 CRITERIA (B), (C) AND (D). 3. THE PROPOSAL COMPLIES WITH UDP POLICY HP10.

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5.14.12 Affordability Criteria

5.14.13 The Council will consider qualifying households to be in local housing need if they are in unsuitable housing and, due to their low income relative to their housing needs, cannot afford open market housing and where they have a strong connection to an area by virtue of family or work. As part of the housing needs survey the Council will continue to monitor the relationship between income levels and market house prices and rents throughout Powys to provide guidance as to suitable prices for affordable housing. The following policy defines the scale of housing if it is to be deemed affordable and the eligibility criteria to be satisfied by those seeking affordable housing. Although maximum floorspaces of 130 square metres may be acceptable to cater for the proven needs of large families, this should not be considered to be the norm for affordable housing. Smaller house floorspaces will often be sought in negotiations over the mix of a scheme or the agreement of planning obligations, in order to meet affordability needs.

POLICY HP10 - AFFORDABILITY CRITERIA

A. THE FLOORSPACE OF AFFORDABLE HOUSES SHOULD RESPOND TO THE IDENTIFIED EXTENT AND TYPE OF LOCAL NEED, SUBJECT TO A MAXIMUM GROSS AREA OF 130 SQUARE METRES (MEASURED INTERNALLY AND INCLUDING GARAGES WHERE DESIGNED AS AN INTEGRAL PART OF THE DWELLING)

B. THE FOLLOWING CRITERIA WILL BE USED TO DETERMINE THE ELIGIBILITY OF HOUSEHOLDS FOR AFFORDABLE HOUSING. INITIAL AND SUCCESSIVE OCCUPIERS MUST DEMONSTRATE THAT:

1. THEY HAVE LIVED IN THE LOCAL COMMUNITY FOR AT LEAST 3 CONSECUTIVE YEARS OR WERE BORN AND BROUGHT UP IN THE COMMUNITY; OR 2. THEY ARE EXISTING RESIDENTS WHO REQUIRE SEPARATE ACCOMMODATION WITHIN THE LOCAL COMMUNITY, SUCH AS NEWLY MARRIED COUPLES; OR 3. THEY ARE ALREADY PRINCIPALLY EMPLOYED IN THE COMMUNITY; OR 4. THEY HAVE AN OFFER OF EMPLOYMENT IN THE AREA BUT CANNOT TAKE UP THE OFFER BECAUSE OF A LACK OF AFFORDABLE ACCOMMODATION; OR 5. THEY WISH TO MOVE INTO THE COMMUNITY IN ORDER TO LOOK AFTER AN INFIRM OR ELDERLY RELATIVE OR TO BE LOOKED AFTER BY A RELATIVE ALREADY RESIDENT IN THE COMMUNITY. 6. BOTH INITIAL AND SUBSEQUENT OCCUPIERS SHALL NOT ALREADY MORTGAGE OR OWN A RESIDENTIAL PROPERTY AND SHALL HAVE NOT RECENTLY SOLD A PROPERTY, UNLESS THE COUNCIL IS SATISFIED THAT THE OCCUPIER HAS AN EXCEPTIONAL NEED FOR THE AFFORDABLE HOME.

C. REFERENCES IN THIS POLICY TO COMMUNITY ARE DEFINED FOR INITIAL OCCUPIERS AS THE COMMUNITY COUNCIL AREA IN WHICH THE SITE LIES, TOGETHER WITH IMMEDIATELY ADJOINING COMMUNITY OR PARISH COUNCIL AREAS. IF SUCCESSIVE OCCUPIERS CANNOT BE FOUND WITHIN THE COMMUNITY, OCCUPIERS RESIDENT AT THE TIME IN THE APPROPRIATE SHIRE AREA IN POWYS SHOULD BE NEXT SOUGHT, FOLLOWED BY OCCUPIERS RESIDENT IN THE REST OF POWYS AND

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ADJOINING LOCAL AUTHORITY AREAS. THE COUNCIL WILL REQUIRE PROOF THAT SUBSTANTIAL EFFORTS HAVE BEEN MADE TO FIND A LOCAL OCCUPIER BEFORE THE ELIGIBLE AREA IS WIDENED TO THE NEXT LEVEL.

5.15 Conversion of Buildings in the Countryside to Dwellings

5.15.1 The Welsh Assembly Government’s guidance on the conversion of rural buildings in the countryside contained in Planning Policy Wales (2002) recognises that the re-use and adaptation of existing rural buildings can play an important role in developing the rural economy. The term ‘rural building’ in this instance refers to any building outside a settlement development limit. The conversion of existing rural buildings resulting in the creation of local employment should, therefore, take precedence over residential conversions. Notwithstanding this, Policy GP6 in the Generic Policies Chapter allows for strictly limited conversions of rural buildings for residential purposes. However, precedence will be given to proposals for conversion to dwellings that form a subordinate part of a scheme for business re-use. If a business re-use, either as a major or minor part of the proposal, is not possible, then in line with guidance given in Planning Policy Wales, consideration should be given as to whether the building conversion could contribute to an identified affordable housing need within the locality. Proposals for general residential conversions must be supported by a statement of the efforts made to secure suitable business re-use for the property and/or its use to meet a local affordable housing need.

5.16 The Renovation or Replacement of Dwellings

5.16.1 The replacement of an existing dwelling rather than its repair or renovation often represents a practical and viable option, for instance where the original dwelling has suffered structural damage. Every effort should be made to renovate and retain old houses in cases where they contribute to the local environment. The existing dwelling shall be clearly recognisable as an established dwelling and shall not have been ‘abandoned’ for a considerable period of time. The renovation of abandoned dwellings is addressed by Policy HP12. Proposals must satisfy these two tests otherwise replacement in the open countryside, for instance, would be tantamount to the erection of a new dwelling.

5.16.2 The proposed replacement dwelling should be designed to lie within or adjacent to the footprint of the original structure and should not normally exceed the size of the original dwelling, including any built extensions, so that its design does not dominate its surrounding area. A maximum 15% increase in volume is considered appropriate as this reflects the permitted development rights that would have been available to the original dwelling. Changes in the position, size or design of the replacement dwelling will be assessed against improvements that may be achieved such as increased highway safety or a dwelling which more closely reflects local character.

POLICY HP11- REPLACEMENT OF HABITABLE DWELLINGS

PROPOSALS TO REPLACE EXISTING HABITABLE DWELLINGS WILL BE PERMITTED WHERE THEY COMPLY WITH THE FOLLOWING CRITERIA:

1. THE EXISTING DWELLING SHALL BE CLEARLY RECOGNISABLE AS A PERMANENT DWELLING UNDER CLASS C3 OF THE USE CLASSES ORDER 1987, AS AMENDED, AND SHALL NOT HAVE BEEN ABANDONED.

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2. THE PROPOSAL WILL NOT RESULT IN THE LOSS OF A BUILDING OF SPECIAL ARCHITECTURAL AND/OR HISTORIC INTEREST, OR LOCAL VERNACULAR CHARACTER. PROPOSALS FOR THE REPLACEMENT OF SUCH DWELLINGS WILL RECEIVE FAVOURABLE CONSIDERATION ONLY IF THE BUILDINGS ARE SUBSTANTIALLY INTACT AND WHERE THEY ARE BEYOND REALISTIC REPAIR. 3. THE REPLACEMENT DWELLING SHALL LIE WITHIN OR ADJACENT TO THE FOOTPRINT OF THE ORIGINAL DWELLING AND ANY PROPOSED INCREASE IN SIZE SHALL NOT EXCEED 15% OF THE ORIGINAL DWELLING UNLESS A CHANGE IN ITS ORIENTATION, POSITION OR SIZE WILL REPRESENT AN IMPROVEMENT IN TERMS OF HIGHWAY SAFETY, LANDSCAPE AND VISUAL AMENITY, ITS RELATIONSHIP WITH EXISTING BUILDINGS, OR IN SOLVING A PARTICULAR PROBLEM.

5.16.3 The countryside of Powys contains numerous sites of former dwellings reflecting the area’s past character. Some of these sites, although abandoned in planning terms, nevertheless contain recognisable dwelling features with walls, door and window openings and roofs generally intact and which contribute to both the visual and historic character of the surrounding countryside. Proposals for the renovation of former/abandoned dwellings should be limited to sites which benefit from good access to community facilities e.g. a school, (sub-) post office/local shop, village/community hall, public house or public transport route, or the applicant’s place of work in order to minimise car journeys and servicing costs. They should meet a proven need to house either an agricultural/forestry worker or an identifiable local need for affordable housing. Proposals should respect the original character of the containing building in terms of size and scale and be capable of being serviced. In addition, applicants should demonstrate that compensatory energy efficiency/conservation measures have been incorporated within the proposal to offset any adverse impact of the development in sustainability terms.

POLICY HP12 – RENOVATION OF FORMER / ABANDONED DWELLINGS

THE SUBSTANTIAL RENOVATION OF FORMER / ABANDONED DWELLINGS IN THE COUNTRYSIDE WILL ONLY BE PERMITTED WHERE THE FOLLOWING CRITERIA ARE MET:

1. THE PROPERTY SHALL POSSESS THE FUNDAMENTAL CHARACTERISTICS OF THE FORMER DWELLING INCLUDING FEATURES SUCH AS THE ORIGINAL WALLS, OPENINGS FOR DOORS AND WINDOWS AND A VISIBLE ROOFING PROFILE SO AS TO GAUGE THE ORIGINAL ROOF HEIGHT, SHAPE AND FEATURES. 2. THE DWELLING SHALL MEET A PROVEN NEED FOR EITHER:  AN AGRICULTURAL OR FORESTRY WORKER, OTHER RURAL WORKER AS DEFINED AND IN ACCORDANCE WITH POLICY HP6; OR  AN IDENTIFIED LOCAL NEED FOR AFFORDABLE HOUSING WHERE THE DWELLING WOULD BENEFIT FROM GOOD ACCESS TO COMMUNITY FACILITIES AND WHERE THE APPLICANT COMPLIES WITH AFFORDABILITY CRITERIA IN POLICY HP10. SATISFACTORY ARRANGEMENTS MUST BE IN PLACE TO ENSURE THE DWELLING REMAINS AFFORDABLE IN PERPETUITY AND FUTURE OCCUPANCY WILL BE LIMITED TO PERSONS COMPLYING WITH UDP POLICY HP10.

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3. THE PROPOSED DWELLING SHALL BE SITED WITHIN THE FOOTPRINT OF THE FORMER DWELLING AND WOULD NOT BE OF A SCALE THAT IS INTRUSIVE IN RELATION TO THE SIZE OF THE PLOT OR THE SURROUNDING LANDSCAPE. 4. THE DWELLING SHALL BE CAPABLE OF BEING SATISFACTORILY SERVICED AND ACCESSED WITHOUT GIVING RISE TO PROBLEMS OF POLLUTION OR PUBLIC SAFETY. 5. THE DWELLING SHALL BE REPAIRED TO REFLECT THE DESIGN AND MATERIALS USED IN THE FORMER DWELLING, UNLESS IT IS POSSIBLE TO IMPROVE THE DESIGN TO BETTER REFLECT LOCAL LANDSCAPE CHARACTERISTICS AND ARCHITECTURAL STYLES. 6. THE DEVELOPMENT SHALL INCORPORATE WHERE PRACTICABLE THE HIGHEST STANDARDS OF ENERGY EFFICIENCY AND ENERGY CONSERVATION MEASURES.

5.17 House, Flat and Maisonette Conversions

5.17.1 With changing average household sizes, there is a continuing need for the best use to be made of the available housing stock. One way in which this can be achieved is to allow, where satisfactory standards of amenity and accommodation can be provided, the sub-division of larger residential properties and in town centres to use upper floors above shops. These types of conversion can often provide more affordable accommodation in areas where it would otherwise be unavailable.

5.17.2 In determining proposals for the sub-division or conversion of property for residential purposes, the Council will ensure that such conversions can be well integrated into their surroundings and the addition of newly built units of accommodation will not normally be permitted. Proposals for the conversion of upper floors above shops/commercial premises will be required to comply with Retail Policy RP5: Living Over the Shop.

POLICY HP13 - SUBDIVISION OF DWELLINGS

PROPOSALS FOR THE SUB-DIVISION OF EXISTING DWELLINGS TO FORM ADDITIONAL DWELLINGS WILL BE PERMITTED WHERE THEY MEET ALL OF THE FOLLOWING CRITERIA:

1. THE BUILDING CONCERNED IS CAPABLE OF PROVIDING SUITABLE ACCOMMODATION WITHOUT MAJOR EXTENSION OR ALTERATIONS, WHICH WOULD BE DETRIMENTAL TO ITS CHARACTER, APPEARANCE OR SETTING. 2. THE PROPOSAL WOULD NOT HAVE AN ADVERSE EFFECT ON THE CHARACTER OF THE AMENITY OF THE SURROUNDING AREA. 3. SATISFACTORY PROVISION IS MADE FOR CAR PARKING AND FOR THE PRIVATE AMENITY OF RESIDENTS OF ALL THE UNITS. 4. PROPOSALS WILL NOT CREATE UNACCEPTABLE PLANNING, SAFETY, ACCESS, SERVICE, ENVIRONMENTAL OR AMENITY PROBLEMS.

PROPOSALS FOR THE CONVERSION OF UPPER FLOORS ABOVE SHOPS/COMMERCIAL PREMISES WILL BE REQUIRED TO COMPLY WITH RETAIL POLICY RP5: LIVING OVER THE SHOP.

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5.18 Residential Design

5.18.1 It is hardly surprising given the size and scale of Powys and the many influences upon design, that there is enormous variety to be found in the design and character of its towns, villages and buildings. Particular design themes and styles do however begin to emerge at a more localised level, where local or historical factors, such as the supply and availability of local building materials or the coming of the canal or railway, have heavily shaped local architecture. In recent years, local distinctiveness has often given way to a more homogenous design. The causes for this vary but in part it reflects the replacement of an industry once dominated by local builders with one that is operated by large national house building companies and supported by the mass production of building materials. Applying rigid standards, such as highway design standards, has also contributed to the standard layout and design of housing estates.

5.18.2 Whilst the Council accepts that there will continue to be pressures to homogenise the design of housing estates and individual dwellings, it believes that good quality design can still be achieved. The Council is not alone in these thoughts and in preparing the UDP many comments were received at the outset on the need to break up the regularity of large housing estates through inventive design and the use of materials and building styles which encapsulate local character. The Council believes that successful residential design will only be achieved by adhering to a carefully defined design process, as set out in the Generic Policies chapter, and by encouraging sustainable methods of construction. This is described in the following section and more detailed guidance is provided in the Powys Residential Design Guide, October 2004.

5.19 Sustainable Construction

5.19.1 The whole life cycle of a building, from construction, through occupation and renovation, to eventual demolition, requires major resource inputs. These include energy, water, timber and aggregates. Dwellings, for example, account for 29% of total UK energy consumption and generate approximately 38 million tonnes of carbon emissions per year (Building Research Establishment, 2000). Consequently, by influencing and controlling the development of land, the UDP can play a primary role in contributing to sustainable development. To this end, the UDP’s Sustainable Strategic Settlement Hierarchy aims to reduce dependency on car use and to reduce distances travelled by ensuring that the majority of new development in Powys occurs in locations close to essential services and facilities. However, the Council acknowledges that if development is to be truly sustainable, then construction has to be sustainable as well.

5.19.2 This is also recognised in Technical Advice Note 12: Design (2009), which includes detailed advice for local authorities on energy efficient homes and sustainable housing techniques. Modern design techniques, materials and construction methods can drastically reduce emissions and the consumption of non-renewable resources, as well as reduce costs for developers and occupants. For example, by orientating dwellings on an east-west axis with the longest wall facing south, dwellings can take advantage of the benefits of solar heat, natural shading, and natural lighting and thus reduce energy requirements. Energy-efficient floor plans place the primary living spaces on the south side and lesser-used rooms, such as storage and utility rooms, on the colder north side. Incorporating passive solar design principles into buildings

Housing 81 Powys County Council UDP 2001-2016 Adopted March 2010 ______can reduce energy requirements by relying on the sun to satisfy at least some of the heating requirements during colder months. Similarly, passive solar design can provide shading during summer months, to help keep the house cool, as well as natural light which reduces the need for artificial light.

5.19.3 Alternative construction techniques such as earth sheltered, straw bale and timber frames also reduce the energy loss in buildings and reduce the high-energy inputs associated with materials such as brick, steel and uPVC.

5.19.4 Through the UDP it is the intention of the Council to promote sustainable design, construction and techniques that will create energy efficient, healthy, attractive, high-quality living environments. Supplementary Planning Guidance will be prepared on this subject, but in particular the Council encourages the following:

Energy efficiency  The use of passive solar gain and natural light by orientating the façades of buildings to face within 30 degrees of due south.  Sensitive landscaping and, where appropriate, higher densities of buildings, to improve microclimates around developments.  High levels of insulation, passive ventilation, combined heat and power.

Renewable energy  Heat recycling methods such as combined heat and power.  The incorporation of solar panels to heat water, where they would not adversely affect built heritage.  Low impact development, such as those making use of earth sheltered and straw bale techniques.

Water Conservation  Rainwater collection and grey water recycling.  The use of natural, porous surfaces, streams, balancing ponds and soakaways to help land drainage.

Building Materials and Techniques  The use of natural materials that require low energy inputs for production i.e. timber, use of reclaimed aggregates, locally produced or recycled products.  Alternative building techniques such as timber framed, straw bale or earth sheltered housing.

Waste Reduction and Recycling  The reduction during construction of waste on site and to maximise reuse.  The provision of on-site recycling facilities.

POLICY HP14- SUSTAINABLE HOUSING

NEW DWELLINGS SHOULD MAXIMISE OPPORTUNITIES TO CONSERVE ENERGY AND REDUCE THEIR IMPACT ON THE ENVIRONMENT. IN PARTICULAR, FAVOURABLE CONSIDERATION WILL BE GIVEN TO PROPOSALS THAT MEET THE FOLLOWING CRITERIA:

1. THE USE OF SOLAR ENERGY, PASSIVE SOLAR GAIN AND HEAT RECYCLING, THROUGH SITE LAYOUT, DESIGN AND ALTERNATIVE ENERGY SOURCES, INCLUDING SOLAR PANELS WHERE THEY WOULD NOT ADVERSELY AFFECT BUILT HERITAGE.

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2. HIGH DENSITY DEVELOPMENT IN APPROPRIATE CIRCUMSTANCES TO REDUCE WIND CHILL AND IMPROVE MICRO CLIMATES. 3. LOW IMPACT CONSTRUCTION TECHNIQUES SUCH AS EARTH SHELTERED, STRAW BALE AND TIMBER FRAMED. 4. SUSTAINABLE DRAINAGE THAT REDUCES FLOOD RISK AND NEGATIVE IMPACTS ON LOCAL HYDROLOGICAL CONDITIONS, SUCH AS REED BED FILTRATION SYSTEMS AND BALANCING PONDS. 5. WATER CONSERVATION MEASURES. 6. THE USE OF BUILDING MATERIALS THAT ARE RENEWABLE OR RECYCLED

5.20 Lifetime and Mobility Homes

5.20.1 Lifetime homes are highly adaptable houses that are designed to meet the lifetime needs of their occupants and to cope with life events such as physical disabilities. Housing that is constructed to accommodate the various stages of the human life cycle and different circumstances represents an ideal form of sustainable housing. It fulfils a sustainable and flexible approach to meeting the majority of housing needs and by reducing the need for costly adaptations, it enables people to remain in their homes for longer.

5.20.2 The needs of those persons with impairments or disabilities should be taken into consideration as part of the design process. All new residential developments should enable disabled people and wheelchair users to gain access to homes except where this is made impossible by reason of the terrain or other location factors. Where there is local evidence of need for mobility housing – built to accommodate wheelchair users - the Council will seek to negotiate with the developers of large housing sites (10 or more dwellings) the provision of a proportion of houses built to such standards.

POLICY HP15- LIFETIME AND MOBILITY HOMES

NEW HOUSING DEVELOPMENTS AND CONVERSIONS OF EXISTING BUILDINGS SHOULD BE DESIGNED HAVING REGARD TO THE NEEDS OF THOSE WITH IMPAIRMENTS OR DISABILITIES, INCLUDING THE DESIGN AND LAYOUT OF SPACES BETWEEN AND AROUND BUILDINGS, PARKING PROVISION AND MOVEMENT ROUTES. WHERE THERE IS EVIDENCE OF LOCAL NEED, A PROPORTION OF UNITS BUILT TO ACCOMMODATE WHEELCHAIR USERS WILL BE SOUGHT ON ALLOCATED SITES THAT HAVE SUITABLE TOPOGRAPHY AND ARE CAPABLE OF ACCOMMODATING 10 OR MORE UNITS.

5.21 Development Briefs for Large Housing Sites

5.21.1 It is important that the development of large housing sites takes place comprehensively in an integrated and well-planned manner in order to produce an imaginative and well-designed development. Development briefs should be prepared for the development of large, complex or sensitive sites to provide greater guidance on how these sites are to be developed. Development briefs will be prepared either by the Council or by a developer or landowner in close liaison with the Council.

5.21.2 The content of each development brief will be determined largely by the characteristics of the proposed site and its preparation should follow the first two

Housing 83 Powys County Council UDP 2001-2016 Adopted March 2010 ______stages of the design process described in the Generic Policies Chapter. However it can be expected to cover the following details:

a. Highway access and transportation requirements - public transport implications, access, parking and highway arrangements, disabled access, pedestrian and cycling links. b. Housing needs survey - type of housing needed. c. Protection and incorporation of important landscape features, nature conservation and heritage features. d. Provision of community facilities e.g. schools, shops, amenity areas, outdoor recreation space and communal recycling facilities. e. Design details - the development’s density, spacing, layout, orientation, materials and dimensions, as well as any associated development such as lighting columns. f. Landscaping details - including the treatment and texture of surface materials. g. The phasing of the proposed development where either infrastructure constraints exist or full implementation of the development would exceed the Plan’s housing allocation too early within the Plan Period. h. Planning Obligations. i. Drainage, utilities and other infrastructure requirements.

5.22 House Extensions

5.22.1 A large proportion of planning applications received each year relate to proposed extensions to existing dwellings. Sometimes these extensions can have a significant impact on the local environment. Cumulatively they can have a serious detrimental effect on residential areas if carried out insensitively and/or without an appreciation of the character of the building and of the area as a whole. It is necessary to ensure that the amenity of adjoining occupiers is protected, visual intrusion minimised and the character and quality of the area maintained and enhanced where possible.

5.22.2 Flat roof extensions, for instance, will normally be unacceptable as will too great a loss of garden or amenity space. Powys contains a substantial number of small-unimproved dwellings that contribute significantly to the character of the area. Extensions proposed to such dwellings, to listed buildings and those within conservation areas should be designed to ensure that the character of the original property is not harmed. A maximum percentage increase in the size of dwelling is not stipulated because the Council believes that each application for an extension should be considered on its own merits.

5.22.3 Extensions and alterations to properties beyond that permitted in the General Permitted Development Order will normally be allowed provided they are in scale with the existing building and do not unduly affect neighbouring properties. Where an additional dwelling could be created by the extension, however, permission will not be granted unless other standards of the plan are met.

POLICY HP16 - HOUSE EXTENSIONS

PLANNING PERMISSION WILL ONLY BE GRANTED FOR AN EXTENSION WHERE IT IS DESIGNED TO COMPLEMENT OR ENHANCE THE CHARACTER OF THE EXISTING BUILDING IN TERMS OF ITS HEIGHT, PROPORTION, SCALE, ROOF PITCHES, GABLE FEATURES, MATERIALS AND FENESTRATION, WHILST

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AVOIDING ANY UNACCEPTABLE LOSS OF PARKING OR ADVERSE IMPACT UPON NEIGHBOURING PROPERTIES.

5.23 Backland Development

5.23.1 ‘Backland’ is that land situated to the rear of existing properties such as back gardens. Development of these areas often can be intrusive and harm the character of the area as well as the amenities of neighbouring properties. Tandem development is a form of backland development that involves the construction of one house immediately behind or in front of another and sharing the same access. This form of development is regarded as undesirable because of the difficulties of access to the house at the back, disturbance and a lack of privacy to both houses, and a general reduction in the standards and amenities that would be experienced by both dwellings and the surrounding area.

POLICY HP17- BACKLAND DEVELOPMENT

THE DEVELOPMENT OF BACKLAND IN RESIDENTIAL AREAS WILL ONLY BE PERMITTED WHERE NO UNACCEPTABLE ADVERSE EFFECTS WOULD BE CAUSED TO:

1. THE AMENITY AND PRIVACY OF EXISTING OR PROPOSED DWELLINGS AND USES IN TERMS OF OVERLOOKING, VEHICULAR ACCESS, NOISE AND OTHER DISTURBANCE. 2. THE CHARACTER AND APPEARANCE OF THE AREA, INCLUDING AN UNACCEPTABLE INCREASE IN THE DENSITY OF RESIDENTIAL DEVELOPMENT.

5.24 Supported Accommodation and Residential Care Homes

5.24.1 Housing is a crucial element of community care and may be provided in a variety of accommodation types and with varying levels of support including sheltered housing, small group homes, hostels and foyer projects. In order for community care to succeed it is therefore important that supported housing and residential care homes are well integrated so that social diversity is maintained.

5.24.2 Since car ownership levels are likely to be low amongst the relevant groups good access to local shops, support services and public transport links is also important. However, it is also accepted that some larger forms of accommodation may not be appropriate in residential areas due to the higher levels of traffic that they may generate and as such the County Council may consider edge of town centre locations favourably. The Council wishes to ensure that appropriate provision is made for residential care in suitable locations through new build or conversion of existing houses. This provision also needs to be backed up by improved community and day care provision and support services for elders, disabled people, people with learning difficulties and those in need of nursing care.

POLICY HP18 - SUPPORTED ACCOMMODATION AND RESIDENTIAL CARE PROVISION

PROPOSALS FOR SUPPORTED ACCOMMODATION AND RESIDENTIAL CARE HOMES WILL BE APPROVED IN LOCATIONS THAT BENEFIT FROM GOOD ACCESS TO PUBLIC TRANSPORT LINKS, LOCAL SHOPS AND SUPPORT SERVICES PROVIDED THAT:

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1. THE DEVELOPMENT IS LOCATED EITHER WITHIN A SETTLEMENT’S DEVELOPMENT BOUNDARY OR UTILISES A SUITABLE EXISTING BUILDING IN ACCORDANCE WITH THE OTHER RELEVANT POLICIES OF THE PLAN. 2. THE DEVELOPMENT WOULD NOT BE OF A SCALE WHICH WOULD PLACE UNACCEPTABLE STRESS ON LOCAL PUBLIC SERVICES OR BE SIGNIFICANTLY DETRIMENTAL TO THE CHARACTER OF EXISTING SETTLEMENTS. 3. THE SITE WOULD HAVE ADEQUATE AND APPROPRIATE AMENITY/GARDEN SPACE FOR THE ENJOYMENT OF RESIDENTS. 4. THE DEVELOPMENT WOULD NOT BE SIGNIFICANTLY DETRIMENTAL TO THE LOCAL ENVIRONMENT, PUBLIC SAFETY OR RESIDENTIAL AMENITIES.

5.25 Residential Caravans and Chalets

5.25.1 Although mobile homes, chalets and caravans can provide a supply of relatively cheap accommodation, the style and design of these can create an adverse visual and environmental impact. The Council views the permanent residential use of mobile homes, chalets and caravans as being undesirable and inappropriate both visually and in terms of the standard of accommodation that they provide. The Council will therefore generally oppose such proposals. Such accommodation may, however, be more acceptable for shorter-term tourist use and policies relating to this can be found in the tourism chapter of this plan.

5.25.2 The Council may however, allow the siting of a caravan to provide accommodation during the construction of a new dwelling, or where works to be carried out to an existing dwelling result in the need for alternative accommodation for a temporary period.

POLICY HP19 - TEMPORARY RESIDENTIAL CARAVANS, CHALETS AND MOBILE HOMES

PROPOSALS FOR THE USE OF CARAVANS, CHALETS AND MOBILE HOMES FOR RESIDENTIAL USE WILL BE PERMITTED FOR A TEMPORARY PERIOD, A MAXIMUM OF TWO YEARS, WHERE ALL OF THE FOLLOWING CRITERIA ARE MET:

1. THE TEMPORARY USE IS IN ASSOCIATION WITH AN APPROVED BUILDING PROJECT AND THE CARAVAN IS LOCATED ON OR ADJOINING THE SITE. 2. THE ACCOMMODATION IS UNOBTRUSIVELY LOCATED IMMEDIATELY ADJACENT TO AN EXISTING BUILDING (S). 3. THE PROPOSAL WOULD NOT CREATE ANY ACCESS, SERVICE, ENVIRONMENTAL OR AMENITY PROBLEMS.

5.26 Gypsy Caravan Sites

5.26.1 The Criminal Justice and Public Order Act 1994, no longer places a statutory duty on Local Authorities to provide sites for Gypsies residing in or resorting to their area, but there are discretionary powers contained in the Caravan Sites Control of Development Act 1960 to provide such sites. The Council has a permanent site in Welshpool, which it considers to be more than adequate at the present time.

5.26.2 Applications for new gypsy caravan sites must demonstrate the need for the accommodation, the type of site required, the historical connection with the area and the type of work to be undertaken. Additionally, applications should be accompanied

Housing 86 Powys County Council UDP 2001-2016 Adopted March 2010 ______by details of proposals for the storage of plant and equipment associated with the business activities of those living on the site. Proposals for the development of isolated small sites will not be permitted. Any permission given will be subject to detailed conditions or to the completion of a Section 106 Agreement to control the use of the site.

POLICY HP20 - GYPSY CARAVAN SITES

PROPOSALS FOR GYPSY SITES, OR EXTENSIONS TO EXISTING SITES WILL ONLY BE PERMITTED PROVIDING THE FOLLOWING CRITERIA ARE SATISFIED:

1. THE PROPOSAL WOULD MEET THE NEEDS OF PERSONS MEETING THE DEFINITION OF GYPSIES SET OUT IN THE CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994 WHO HAVE REGULARLY RESIDED IN OR RESORTED TO THE AREA AND THERE ARE NO OTHER SITES AVAILABLE LOCALLY. 2. THE PROPOSAL WOULD NOT BE VISUALLY INTRUSIVE IN THE LANDSCAPE AND INCORPORATES SCREENING PROVISIONS TO ENHANCE THE LANDSCAPING OF THE SITE. 3. THE PROPOSAL IS WELL RELATED TO EXISTING COMMUNITY, SOCIAL, EDUCATIONAL AND OTHER FACILITIES. 4. ADEQUATE PROVISION IS MADE FOR VEHICULAR ACCESS, MANOEUVRING AND PARKING AND THE PROPOSAL WILL NOT CREATE OR INTENSIFY A TRAFFIC HAZARD. 5. THE PROPOSAL IS IN ALL OTHER RESPECTS ENVIRONMENTALLY ACCEPTABLE AND WOULD NOT ADVERSELY AFFECT THE AMENITIES OF NEIGHBOURING PROPERTIES. 6. THE PROPOSED DEVELOPMENT SHOULD ENSURE THAT THERE ARE ADEQUATE STORAGE FACILITIES OR SPACE WITHIN THE SITE FOR PLANT AND EQUIPMENT ASSOCIATED WITH ANY BUSINESS ACTIVITIES. 7. WHERE NEW BUILDINGS ARE PROPOSED, THESE WILL BE PERMITTED WHERE THEY ARE REQUIRED FOR ESSENTIAL PURPOSES WHICH CANNOT REASONABLY BE ACCOMMODATED THROUGH THE RE-USE OF OTHER BUILDINGS WITHIN THE VICINITY. 8. ADEQUATE SERVICES WOULD BE AVAILABLE AND THE DEVELOPMENT WOULD NOT GIVE RISE TO POLLUTION.

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6: Economy

6.1 Introduction

6.1.1 The economy of Powys, like the rest of Mid Wales is in a state of change. The area has traditionally been dominated by agriculture, although this makes a less significant contribution to the gross domestic product (GDP) than previously, and there remain very high levels of self-employment. Restructuring of the agricultural economy, compounded by the BSE crisis and more recently Foot and Mouth Disease, have all had a knock-on effect upon the value of agriculture to the economy and may have a profound impact on social and cultural aspects of life in rural Powys. Farm incomes and farming employment are both falling, exacerbating the problems faced by the rural economy and strengthening the need for new business and employment opportunities in rural areas. Consequently, the European Union has recognised that Powys suffers from problems of peripherality and the County has secured European Union funding to combat these problems.

6.1.2 Many people have to travel long distances to work and there is a need to provide more local employment opportunities if a more sustainable travel to work pattern is to be achieved. Social exclusion is also a problem, with local income levels remaining well below the national average, undermining both the quality of life and local people's ability to compete in the housing market. The perception of a lack of employment opportunities and poor access to services conspire to conceal an unsatisfied demand for employment, which, as a result, is not adequately reflected in unemployment statistics. This is especially the case amongst those who would otherwise wish to return to work after having raised a family and amongst young adults. There continues to be the concern that lack of employment opportunities will force the economically active to move away from the area, especially our able and skilled young adults.

6.1.3 Nevertheless, Powys has been more successful in attracting inward investment in recent times. The quality of life and the environment that the County has to offer, contribute greatly to the area’s attractiveness to the would-be employer. Also school achievement levels in Powys are well above the Wales average and the growth in information and communications technology and infrastructure improvements are starting to reduce the effects of peripherality.

6.1.4 In order to maintain sustainable communities, continuing efforts must be made to broaden the County’s economic base and diversify into the new technology and other business and employment opportunities in order to retain the County’s young people. The regeneration of the Area Centres and Key Settlements is a high priority in environmental, social and economic terms, helping to re-invigorate former industrial areas and the rural heart of the County. Some large new employers have moved into Powys, particularly in the Severn Valley, and this has helped to counteract the loss of employment from the closure or downsizing of some established firms. There have been many small businesses starting up in recent years although the area continues to suffer relatively high rates of business failures. Providing advice and support for new businesses is important if a higher proportion is to succeed and grow.

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Tourism is another key growth sector in the local economy and is the subject of a special chapter later in the plan.

6.2 Overview of the Powys Economy

6.2.1 Powys’s population is set to grow by 5.6% from around 126,380 in 2001 to 132,440 in 2016, largely due to net migration. The age structure of the resident population shows a slightly high proportion of people above the retirement age, 22% compared to 20% in all Wales and in turn a lower proportion in young adult age groups. However, projections show the population of retirement age in the County will grow by 46% during the plan period, due essentially to increased life expectancy. The number of adults of working age is projected to fall from 69,755 to 67,791 by 2016 (an overall decrease of 2.8%) Similarly, economically active adults of working age are expected to rise from 62,900 to 63,950 in 2016 (an overall increase of 1.7%).

6.2.2 Employment figures from the Office of National Statistics show Powys to have a lower rate of unemployed people claiming benefit (2.7% in June 2001), than Wales as a whole (3.8%). However, as mentioned earlier, the figures for those claiming benefit mask a greater “hidden” demand for jobs in Powys. There are significant variations in unemployment throughout the County, with Ystradgynlais, Machynlleth and Llandrindod Wells, all experiencing persistently higher rates.

6.2.3 Powys has a high rate of self-employment as is true of all Mid Wales, reflecting the large agriculture and tourism industries. Figures for 2001 indicate 25.4% of the working population were self-employed compared to a Welsh average of only 12.6% (2001 Census). Estimated hourly earnings for male employees in Powys are well below Mid Wales and all Wales figures with a high level of employment in traditionally low paid sectors, namely agriculture and tourism.

6.2.4 The size structure of industry in Powys is heavily skewed towards small firms with about 80% of businesses (excluding agricultural ones) in 2002 employing less than 10 people. However, there has been a growth in the number of larger employers in recent times. Whilst business formation rates are the highest in Wales, so are deregistration rates. The number of businesses is heavily dominated by agriculture with 48% of all VAT registered enterprises operating in this sector, compared to only 21% in Wales (Source: 2002 VAT Registrations by industry). Excluding agriculture, the sectors that stand out in terms of employment proportions are the Public sector (about 36%), distribution, hotels and catering (23.6%) and manufacturing (23.6%). Powys has had some success in attracting inward investment in recent times placing it equal 15th in the league table of 22 Unitary Authorities in Wales.

6.3 Strategic Framework and Part One Justification

6.3.1 Part 1 of the Plan provides the strategic context through Strategic Policy UDP SP4 and Strategic aims a) – f).

6.3.2 Planning Policy Wales, March 2002, indicates that local planning authorities should ensure that sufficient land suitable for development for enterprise and employment uses and well served by infrastructure is designated for employment so as to meet both identified and as yet unidentified needs. The strategic part 1 policy above is aimed at providing sufficient land to meet the employment needs of the people of Powys over the plan period and to satisfy the specific requirements identified in the Mid Wales Employment Strategy which are explained later in the chapter. The

Economy 89 Powys County Council UDP 2001-2016 Adopted March 2010 ______policy seeks to ensure that new employment developments will be sustainable and will be located in accordance with the Council’s strategic settlement hierarchy.

6.3.3 It lends support to proposals to diversify and regenerate the economy and exploits the opportunities afforded by new technology. The problems facing agriculture have already been referred to in the introduction to the chapter and the strategic policy would support proposals that would counteract the adverse effects of restructuring in that industry and provide opportunities to add value to agricultural and forestry produce. The strategic policy aims to reduce social exclusion by encouraging a broader economic base, providing a greater range of accessible and better paid jobs and employment initiatives that would sustain the vitality and viability of communities. Both the strategic aims and the policy are intended to reflect the Welsh Assembly Government’s planning policy objectives and strategy for economic development as set out in the following section.

6.4 National Planning Policy and Guidance and the National Economic Development Strategy

6.4.1 The Welsh Assembly Government’s guidance on the economy is set out in Planning Policy Wales, March 2002. This explains that the Welsh Assembly Government’s objectives for economic development are to:

 Enhance the economic success of both urban areas and the countryside, helping businesses to maximise their competitiveness;  Support initiative and avoid placing unnecessary burdens on enterprise;  Respect and encourage diversity in the local economy, for example, in rural areas encouraging farm diversification and in urban areas promoting mixed use development;  Promote the exploitation of new technologies which can provide new opportunities; and  Ensure that development for enterprise and employment uses is in line with sustainability principles, respecting the environment in its location, scale and design.

6.4.2 The Welsh Assembly Government’s national economic development strategy “A Winning Wales” has a vision “to achieve a prosperous Welsh economy that is dynamic, inclusive and sustainable, based on successful, innovative businesses with highly skilled, well motivated people.” It points out that our society, the strength of our economy and the quality of our environment are inseparable. Economic growth is not sustainable where the interests of the environment and established communities are disregarded. Communities are also seen to prosper best where skilled, good quality, well-paid jobs are available.

6.4.3 The strategy considers that businesses in Wales need to become more competitive by developing and adopting leading edge technologies, product and process innovation and human resource management. There is a need to encourage and support enterprise and environmental best practice; promote innovation; and create more opportunities for Welsh-based companies in Wales and in overseas markets.

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6.5 The Mid Wales Employment Land Strategy

6.5.1 Recently, the Mid Wales Partnership, which includes the Welsh Development Agency, Powys County Council and other Councils in Mid Wales, commissioned a study of Employment Land in Mid Wales (carried out by consultants DTZ/Pieda Consulting). This sought to identify the nature of the Mid Wales economy, and the trends and influences that may have implications for the demand for future industrial land needs.

6.5.2 The study identified clear evidence of a GDP gap between Mid Wales and the Welsh economy as a whole, which is of concern given the poor relative performance of Wales in the UK. If the Mid Wales economy is to move forward and develop in the coming years, there is a need for the pro-active involvement of all key players.

6.5.3 At present in Mid Wales around 87% of the workforce is employed, but this is set to decline in the longer term, with a widening disparity with Wales as a whole. The evidence indicated that whilst very modest growth is predicted without any intervention, in real terms and taking into account the retentive performance of other areas, the region will not move forward. This trend is likely to be exacerbated by the effects of the Foot and Mouth outbreak on many facets of the rural economy. Without a step change in the economy, the disparity between Mid Wales and the rest of the country will continue to grow.

6.5.4 The sectors that are dominant in the Mid Wales economy are likely to decline, or if they do grow, are by their nature, unlikely to contribute to a significant growth in GDP. Whilst Powys has been moderately successful in attracting inward investment, the County needs to continue the growth in production based industries if the economy is to thrive. The Mid Wales economy is not forecast to remain competitive and there are a number of challenges to be addressed if decline is to be avoided. There needs to be a move towards employment in the high ‘value- added’ knowledge based sector and key elements of the value added economy include:

1. Competitive small and medium sized enterprises (SME’s) to cultivate a value- added economy through creation and expansion of businesses, securing better paid employment opportunities. 2. A knowledge based economy, based on the development of specialist skills and knowledge. 3. Entrepreneurship / business formation in combining the need for an innovative and entrepreneurial culture. 4. A quality environment – developing the right economic conditions to support high rates of business formation, including business support structures and skills availability.

6.5.5 Key drivers to move to a high value-added economy were identified as:

 Changing the competitive base – stimulating entrepreneurship and innovation by supporting local business, developing clusters as a focus and effecting a business culture change.  Growing the skills base – knowledge is critical to underpinning a value-added economy and therefore individual skills must be developed to their maximum potential and an appropriate framework put in place to retain and attract the highly skilled.

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 Developing quality business locations – locational decisions will be made on the basis of factors including prestige, accessibility (real and virtual) and access to skilled staff. The provision of appropriate locations is therefore critical to underpinning the strategy.

6.5.6 The consultants concluded that the move towards new economic prosperity opens up a range of business opportunities, in sectors such as ICT / multi media and customer contact centres, not directly affected by the traditional implications of peripherality. However fundamental to this is the need for high skill levels, high quality ICT infrastructure and the provision of appropriate quality sites and premises. Opportunities also arise from Centres of Excellence based around skill bases such as the academic institutions in Mid Wales and the Centre for Alternative Technology. Further opportunities exist to improve the value added manufacturing sector - skilled engineering, biotechnology, food production and processing.

6.6 Employment Land Needs and the Strategic Sites Hierarchy

6.6.1 In the light of the likely future economic prospects for Mid Wales and Powys, there is an acknowledgement of the need for a step change in the management of the local economy and it is clear that a traditional approach to the evaluation of land requirements is unlikely to meet the needs of a more competitive economy. An appraisal of past take up rates may be useful as a starting point, but does not alone help in evaluating future needs if the approach suggested by the Mid Wales Study is adopted.

6.6.2 The Mid Wales Employment Land Strategy 2001-2016 included an appraisal of the employment land needs for the plan period and this has indicated an overall need in Powys for 35.0 – 48.75 hectares of employment land. This was calculated by an assessment of annual take up of land, a need to meet the needs of latest unsatisfied demand in the economy and the needs of the new economy, that is the vision presented by the consultants. Policy UDP SP4 in Part 1 of this plan defines the overall need for strategic employment land as 55 hectares during the plan period. This reflects the conclusions of the Mid Wales Strategy, which is intended to sustain the economy of Powys in a way that conforms with the agreed strategic aims of the plan. It also includes an approximate 10% over-allocation in order to cater for a range and choice of sites. This brings employment land allocations in line with those made for housing development in the UDP where a similar allowance is made.

6.6.3 This figure includes 36.4 hectares in the key locations defined in the sites hierarchy for the Strategy, as explained below, which accords closely with the lower end of the range for employment land need identified in the Strategy. In addition to this land, a further 18.5 hectares has been allocated for other general sites across Powys in order to provide a more sustainable pattern of job opportunities and reduce the need to travel to more widely spread major employment centres. This also accords with Planning Policy Wales’ guidance that UDP’s should identify a range and choice of sites to meet different economic and employment needs. When the areas for the range of different sites are added together, the resulting overall allocation of 54.9 hectares is slightly higher than the upper end of the range identified in the Strategy for the reasons outlined above. The table below gives a breakdown of the sites and areas involved for the main strategic site categories defined by the Strategy.

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Table E1 - Strategic Employment Site Allocations

Category Area Hierarchy (Ha.) Key Strategic Locations (Inset Map Reference): St. Giles Extension, Newtown (M181 EA1) Premium 7.3 Heart of Wales Business Park, Llandrindod Wells (R66 Regional 4.9 EA1) Offa’s Dyke Business Park, Welshpool (M199 EA1) Regional 8.2 Technology Park, Machynlleth (M172 EA1) Special 1.3 Ddole Road, Llandrindod Wells (R66 EA2) General 4.0 Llanidloes Road, Newtown (M182 EA2) Regional 4.2 Buttington Cross Enterprise Park, Welshpool (M199 General 3.9 EA2) Sub Total for Strategic Locations 33.8

Other General Sites Wyeside Enterprise Park, Builth Wells (R69 EA1) General 2.5 Parc Hafren, Llanidloes (M163 EA3) General 2.3 Parc Hafren, Llanidloes, Extension (M163 EA2) General 3.0 Broadaxe Business Park, Presteigne (R84 EA1) General 4.4 Abermule Business Park, Newtown (M101 EA1) General 2.6 Brynberth Enterprise Park, Rhayader (R85 EA1) General 3.8 Woodlands Business Park, Ystradgynlais (B34 EA1) General 2.1 Sub Total for Other General Sites 21.1

Total for Strategic Employment Sites 54.9

6.6.4 In order to facilitate the development of an economy that is based on added- value activities designed to improve the performance of Powys compared with other areas, it is important that a range of sites of appropriate size and quality are available to cater for the needs of indigenous growth as well as inward investment. These allocations must be sufficient to meet all the needs of the economy and to take advantage of new opportunities. Such site allocations must give due accord to the principles of sustainability and support the strategic settlement hierarchy, whilst respecting the environmental quality of the County.

6.6.5 The consultants in consideration of the whole of Mid Wales pointed to a significant shortage of industrial land in particular locations to meet the needs of an economy based upon this fresh approach. In this analysis of need, the report identified a hierarchy of sites appropriate to the needs of this new economy. The intention of this hierarchy is to create a portfolio of sites, capable of meeting the requirements of varying investment opportunities and demands and to ensure that the region is promoted in an efficient manner. The hierarchy comprises:

 Premium Sites – sites brought forward to attract inward investment and regional expansion. Such sites would be relatively large, well located, of a high quality and with ready access to a full range of business support services. The consultants envisage one such site in the Newtown area, though a longer-term need exists elsewhere in the region, possibly in South Powys.

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 Regional Sites – sites generally of around 5ha and capable of satisfying both expansion and new investment requirements for operators up to 1,000 square metres. The sites would be available to service key centres in Mid Wales and be protected for appropriate employment users in order to provide high quality business park accommodation. Dirty general industrial uses (use class B2) and trading estate type uses (use class B8) would not be permitted, as this would compromise the sites future potential. In Powys such sites are envisaged at Brecon (within the Brecon Beacons National Park), Llandrindod Wells, Newtown and Welshpool.

 Special Sites – sites brought forward to serve centres of excellence, such as centres of higher or further education and the Centre for Alternative Technology (CAT). A potential location suggested in Powys and associated with the CAT is Machynlleth.

 General Sites – sites of under 5ha, often as extensions to existing employment development or in new locations relating well to settlement patterns. These sites should be capable of accommodating a mix of employment uses and should make provision for business development (use class B1), general industry (use class B2) and storage and distribution (use class B8). Appropriate key locations in Powys include, Llandrindod Wells, Newtown and Welshpool. Other sites are identified at Builth Wells, Llanidloes, Presteigne, Rhayader and Ystradgynlais.

 Local Sites – sites around 1ha designed to support locally generated small- scale demand. Some of these will be specifically allocated sites, but criteria based policies, addressing environmental context, compatibility with surrounding areas, accessibility and serviceability will be incorporated in the Unitary Development Plan in order to allow for windfall releases.

6.7 New Employment Developments

6.7.1 The promotion of new employment developments is essential to maintain the vitality and viability of communities but in an area of such high environmental quality and rural traditions it is particularly important to ensure that proposals would be sustainable. It would certainly be damaging if we were to accept offensive industries or disproportionately large firms unrelated to the local economy. Therefore, the Council will support proposals for developments that are sensitive to each locality's environment, community and employment needs. A high quality of building design and landscaping on all new industrial sites will be sought, reflecting both rising business and employee aspirations and the exceptional quality of the environment in Powys.

6.7.2 Tourism and retail developments are considered in later chapters in the plan but the following policy sets out the general requirements for all other business, industrial and commercial developments. As already explained, it is essential that any new developments of this kind are environmentally acceptable and they should also be sympathetic to and in scale with their surroundings, well designed, appropriately located and with satisfactory access and servicing. Developments that make use of previously developed “brownfield” land will be preferred as will those that are located close to complementary uses so as to take advantage of “green economy” opportunities and technology clusters. Developments of this kind may deploy waste streaming technologies or share in combined heat and power and other renewable energy schemes, for example.

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POLICY EC1 - BUSINESS, INDUSTRIAL AND COMMERCIAL DEVELOPMENTS

PROPOSALS FOR BUSINESS, INDUSTRIAL OR COMMERCIAL DEVELOPMENTS WILL BE PERMITTED WHERE THEY WOULD COMPLY WITH THE FOLLOWING CRITERIA:

1. THE DEVELOPMENT WOULD BE LOCATED WITHIN A SETTLEMENT OR IN ANOTHER LOCATION COMPLYING WITH THE ECONOMY POLICIES IN THE UDP AND WOULD BE OF A SCALE AND TYPE IN KEEPING WITH THIS PLAN’S SUSTAINABLE SETTLEMENT AND BUSINESS SITES HIERARCHIES; 2. THE DEVELOPMENT WOULD NOT HAVE AN UNACCEPTABLE IMPACT ON THE ENVIRONMENT AND WOULD BE SITED AND DESIGNED TO BE SYMPATHETIC TO THE CHARACTER AND APPEARANCE OF ITS SURROUNDINGS; 3. WHEREVER POSSIBLE, PROPOSALS SHOULD UTILISE AN EXISTING BUILDING OR PREVIOUSLY DEVELOPED OR DISUSED “BROWNFIELD” LAND. 4. THE DEVELOPMENT SHOULD BE ACCESSIBLE BY A CHOICE OF MEANS OF TRAVEL INCLUDING FOOT, CYCLE AND PUBLIC TRANSPORT. THE PROPOSAL SHOULD NOT BE DETRIMENTAL TO HIGHWAY SAFETY AND APPROACH ROADS TO THE SITE SHOULD BE OF ADEQUATE QUALITY TO ACCOMMODATE ANY ADDITIONAL TRAFFIC LIKELY TO BE GENERATED BY THE DEVELOPMENT; 5. THE PROPOSED DEVELOPMENT WOULD NOT INCREASE OR INHIBIT TRAFFIC CIRCULATION TO THE EXTENT THAT THE AMENITY OF THE AREA IS UNACCEPTABLY ADVERSELY AFFECTED IN TERMS OF CONGESTION, POLLUTION, HIGHWAY SAFETY OR OTHER DISTURBANCE; 6. WHERE RELEVANT, A CONDITION WILL BE IMPOSED ON ANY GRANT OF PLANNING PERMISSION OR A PLANNING OBLIGATION SOUGHT, IN ORDER TO SECURE NECESSARY HIGHWAY, PUBLIC TRANSPORT OR OTHER HIGHWAY INFRASTRUCTURE IMPROVEMENTS; 7. THE DEVELOPMENT WOULD BE SITED AND DESIGNED TO MINIMISE POLLUTION INCLUDING AIRBORNE EMISSIONS, DISCHARGES TO WATERCOURSES AND ADVERSE EFFECTS UPON GROUNDWATER; 8. THE PROPOSALS WOULD BE SITED AND DESIGNED TO AVOID FLOOD RISK AREAS AND TO AVOID CREATING OR INCREASING FLOOD RISK ELSEWHERE; 9. WHEREVER POSSIBLE, PROPOSALS FOR DEVELOPMENT SHOULD BE LOCATED WHERE THEY COULD TAKE ADVANTAGE OF OPPORTUNITIES AFFORDED BY PROXIMITY TO COMPLEMENTARY USES SUCH AS THE DEVELOPMENT OF WASTE STREAM TECHNOLOGIES, SHARED USE OF RENEWABLE ENERGY AND TECHNOLOGY CLUSTERS.

6.8 Business Sites Hierarchy

6.8.1 Sections 6.5 and 6.6 of this chapter have already explained the findings of the Mid Wales Employment Land Strategy and the strategic sites hierarchy that emerged from the study. In order to provide a range of sites catering for all employment needs and to facilitate the development of an economy that will improve the relative performance of the County, it is important that sites are allocated for a variety of employment purposes in keeping with that strategy. This will facilitate the development of the economy through both inward investment and indigenous growth

Economy 95 Powys County Council UDP 2001-2016 Adopted March 2010 ______in areas that add value to the economy. To encourage such growth it is necessary to ensure that the highest quality sites are available, providing the environments necessary to support premium, regional and special business uses, and accordingly it is necessary to control strictly the type of activity permitted on these key sites. On the other hand it is also necessary to provide general and local employment sites where a wider range of activities would be acceptable, whilst still being capable of assimilation into the high quality environment of Powys.

6.8.2 In addition to the main strategic business sites, a number of local sites are shown on the proposals map insets. These will provide employment opportunities in other main employment centres such as those associated with the mixed-use development at the KTH site in Llanidloes and at the Penrhos site in Ystradgynlais.

Table E2 - Local Employment Sites (Shown on Inset Maps)

Brecknockshire Aberllynfi (Three Cocks) B26 EA1 Cae’r-bont (Ystradgynlais) B32 EA2 Llanwrtyd Wells B23 EA1 Penrhos (Ystradgynlais) B32 EA1 Ynyscedwyn (Ystradgynlais) B34 EA2 Montgomeryshire Churchstoke M117 EA1 Four Crosses M133 EA1 Llanerfyl M153 EA1 Llanfyllin M157 EA1 Llangurig M160 EA1 Llanidloes M162 EA1 Llansaintffraid ym Mechain M165 EA1 Montgomery M176 EA1 Penybontfawr M184 EA1 Pontrobert M186 EA1 Sarn M189 EA1 Trewern M195 EA1 Radnorshire Crossgates R46 EA1 Newbridge on Wye R77 EA1 Knighton R59 EA1 and EA2 Knucklas R61 EA1 Llandrindod Wells R66 EA3 Llandrindod Wells R66 EA4

POLICY EC2 - BUSINESS SITES HIERARCHY

PROPOSALS FOR EMPLOYMENT DEVELOPMENT COMPLYING WITH THE GENERAL CRITERIA IN POLICY EC1, WILL BE PERMITTED WHERE THEY WOULD ALSO COMPLY WITH THE FOLLOWING HIERARCHY OF SITES:

A. PREMIUM BUSINESS SITE (NEWTOWN): PROPOSALS FOR HIGH QUALITY OFFICES, RESEARCH AND DEVELOPMENT AND INDUSTRIAL DEVELOPMENT COMPLYING WITH BUSINESS USE CLASS B1 WILL BE APPROVED ON THE ALLOCATED PREMIUM BUSINESS SITE IDENTIFIED ON THE PROPOSALS INSET MAP FOR NEWTOWN. THIS SITE IS INTENDED TO CATER FOR MAJOR EXPANSIONS AND NEW INVESTMENT REQUIREMENTS AND THEREFORE PROPOSALS FOR DEVELOPMENTS FALLING WITHIN USE CLASSES B2 AND B8 WILL NOT BE PERMITTED.

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B. REGIONAL BUSINESS SITES (LLANDRINDOD WELLS, NEWTOWN AND WELSHPOOL): PROPOSALS FOR BUSINESS DEVELOPMENT COMPLYING WITH BUSINESS USE CLASS B1 WILL BE APPROVED ON ALLOCATED REGIONAL BUSINESS SITES IDENTIFIED ON THE PROPOSAL INSET MAPS FOR THE ABOVE SETTLEMENTS. THESE SITES ARE INTENDED TO PROVIDE HIGH QUALITY BUSINESS PARK ACCOMMODATION AND WILL BE LIMITED TO BUSINESS USE CLASS B1. DEVELOPMENT PROPOSALS FALLING WITHIN USE CLASSES B2 AND B8 WILL NOT BE PERMITTED WHERE THEY WOULD COMPROMISE THE SITES FUTURE POTENTIAL AS A REGIONAL BUSINESS SITE.

C. SPECIAL SITE (MACHYNLLETH): PROPOSALS FOR HIGH QUALITY OFFICE, RESEARCH AND DEVELOPMENT AND INDUSTRIAL DEVELOPMENT IN ACTIVITIES IDEALLY ASSOCIATED WITH NEW AND ALTERNATIVE ENVIRONMENTALLY FRIENDLY TECHNOLOGIES AND LIMITED TO BUSINESS USE CLASS B1, WILL BE APPROVED ON THE ALLOCATED SPECIAL BUSINESS SITE IDENTIFIED ON THE PROPOSALS INSET MAP AT MACHYNLLETH.

D. GENERAL SITES (ABERMULE - NEWTOWN, LLANDRINDOD WELLS, LLANELWEDD - BUILTH WELLS, LLANIDLOES, NEWTOWN, PRESTEIGNE, RHAYADER, WELSHPOOL AND YSTRADGYNLAIS): PROPOSALS FOR BUSINESS, GENERAL INDUSTRIAL, STORAGE AND DISTRIBUTION DEVELOPMENTS COMPLYING WITH USE CLASSES B1, B2 AND B8 WILL BE APPROVED ON ALLOCATED GENERAL BUSINESS SITES IDENTIFIED ON PROPOSALS INSET MAPS FOR THE ABOVE SETTLEMENTS. THESE SITES ARE CAPABLE OF ACCOMMODATING A MIX OF EMPLOYMENT RELATED USES. IN ADDITION, PROPOSALS COMPLYING WITH USE CLASS A2 WILL ALSO BE PERMITTED AT ABERMULE.

E. LOCAL SITES: DEVELOPMENT PROPOSALS FOR EMPLOYMENT USES INCLUDING WORKSHOPS, COMPLYING WITH USE CLASSES B1, B2 AND B8, WILL BE APPROVED ON LOCAL SITES AS IDENTIFIED ON THE PROPOSALS INSET MAPS TO SUPPORT LOCALLY GENERATED SMALL SCALE DEMAND FOR EMPLOYMENT. SUCH DEVELOPMENTS WILL ALSO BE APPROVED ON OTHER SUITABLE SITES UNDER 1 HECTARE SUBJECT TO THEIR COMPLYING WITH THE CRITERIA SPECIFIED IN POLICY EC4.

6.9 Employment Land Availability and the Protection of Sites

6.9.1 Planning Policy Wales, March 2002, indicates that local planning authorities should ensure that sufficient land suitable for development for enterprise and employment uses and well served by infrastructure is designated for employment so as to meet both identified and as yet unidentified needs. The preceding tables outline the areas of land set aside for employment use in the UDP in order to meet the requirements of strategic part 1 policy UDP SP4 and of the business sites hierarchy above. Through the process of monitoring and review the Council will aim to ensure that there is at least a five year supply of effectively available land for employment purposes within Powys at any given point in time.

6.9.2 In order to maintain this supply of land, it is important to protect employment sites so that they are not lost to other forms of development. Safeguarding existing and potential jobs and ensuring that sites and premises remain available for economic

Economy 97 Powys County Council UDP 2001-2016 Adopted March 2010 ______opportunities is vital to the sustainability of communities and the economic vitality of the area in general.

POLICY EC3 - PROTECTION OF EMPLOYMENT SITES

PROPOSALS THAT WOULD RESULT IN THE LOSS OF AN ALLOCATED EMPLOYMENT SITE OR SITE WITH PLANNING PERMISSION FOR EMPLOYMENT DEVELOPMENT WILL ONLY BE PERMITTED WHERE:

1. IT CAN BE DEMONSTRATED THAT SUFFICIENT SITES OR PREMISES ARE AVAILABLE ELSEWHERE WITHIN THE PLANNING AREA TO ACCOMMODATE EMPLOYMENT NEEDS. 2. THE LOSS OF THE SITE FOR EMPLOYMENT PURPOSES WOULD NOT LEAD TO LESS THAN A FIVE-YEAR SUPPLY OF EMPLOYMENT LAND REMAINING AVAILABLE. 3. THE PROPOSED DEVELOPMENT WOULD COMPLY WITH THE CRITERIA IN POLICY GP1.

6.10 Other Employment Developments

6.10.1 The UDP seeks to provide a range of opportunities for employment development and it is acknowledged that as well as the key sites that have been identified, there will be a demand for other employment developments. These will often be small in scale and can involve the expansion of existing firms, proposals for craft workshops or working from home where the employment use is such that it can live side by side with residential uses without undue harm to amenities of residents.

6.10.2 Planning Policy Wales, 2002, states that many businesses can be located in and around small settlements, and in residential areas in larger settlements, without causing unacceptable disturbance. This can provide employment opportunities for those who cannot readily access major employment sites and can help to tackle social exclusion. The following policy seeks to match the sustainability aspirations of the UDP by allowing small, compatible, employment opportunities to be developed close to home, while sustaining small rural communities. Such sites are not considered appropriate for major employment opportunities, which will be confined to those sites defined within the employment sites hierarchy and allocated in area centres or key settlements.

POLICY EC4 - LOCAL EMPLOYMENT SITES WITHIN OR ADJOINING SETTLEMENTS

PROPOSALS FOR NEW BUSINESS, INDUSTRIAL AND COMMERCIAL DEVELOPMENTS OF UP TO 0.4 Ha., WITHIN OR ADJOINING SETTLEMENTS WITH A DEVELOPMENT BOUNDARY, WILL BE PERMITTED ON ALLOCATED VILLAGE WORKSHOP SITES AND OTHER SUITABLE SITES WHERE THEY FALL WITHIN USE CLASS B1 AND THEY WOULD COMPLY WITH THE CRITERIA IN UDP POLICY EC1.

WHERE DEVELOPMENTS ARE PROPOSED IN OR ADJACENT TO PRIMARILY RESIDENTIAL AREAS, PLANNING CONDITIONS WILL BE ATTACHED TO CONTROL THE TIMES OF OPERATION IN ORDER TO PROTECT THE AMENITIES OF RESIDENTS.

6.10.3 It is preferable that any future requirements for the expansion of existing business, industrial and commercial firms in terms of land can be accommodated in-

Economy 98 Powys County Council UDP 2001-2016 Adopted March 2010 ______situ. Where this is possible, it will reduce the inconvenience and disruption of moving and retain the source of employment within the local community. The use of under- utilised space within or adjoining the sites of existing premises can also reduce pressure on sites elsewhere including those allocated in the Unitary Development Plan. However, it is appropriate to ensure that the proposals will not have a detrimental impact upon adjacent properties or the wider environment.

POLICY EC5 - EXPANSION OF EXISTING EMPLOYMENT SITES

PROPOSALS FOR THE LIMITED EXPANSION, EXTENSION OR ENVIRONMENTAL IMPROVEMENT OF EXISTING EMPLOYMENT SITES AND BUILDINGS WILL BE PERMITTED WHERE THE DEVELOPMENT COMPLIES WITH THE CRITERIA IN POLICY EC1.

6.10.4 Many new businesses start on a very small scale, with limited financial resources and few (if any) employees. While some require dedicated accommodation in appropriate locations from the outset, many, particularly office-based businesses, can be started from home without any significant impact on their neighbourhood. Working from home, especially using information and communications technology is becoming more common. It can help to reduce social exclusion by providing jobs in more remote areas and can also lead to a reduction in the need for people to travel long distances to work. Such uses often do not require planning permission while they remain a minor use within a residential property but in instances where planning permission is required, a flexible planning policy approach can greatly assist business start-ups and small businesses. The following policy provides this flexibility while making it clear that local amenity and highway considerations must still be safeguarded.

POLICY EC6 - WORKING FROM HOME

PROPOSALS FOR SMALL-SCALE BUSINESS USES WITHIN RESIDENTIAL PROPERTIES WILL BE PERMITTED PROVIDING THEY COMPLY WITH POLICY EC1 AND WITH THE FOLLOWING CRITERIA:

1. THE BUILDING WOULD REMAIN PREDOMINANTLY RESIDENTIAL IN APPEARANCE. 2. ADEQUATE ON-SITE PARKING AND MANOEUVRING SPACE WOULD BE PROVIDED AND THERE WOULD BE NO DETRIMENTAL EFFECT ON HIGHWAY SAFETY. 3. THE USE PROPOSED WOULD NOT BE SIGNIFICANTLY DETRIMENTAL TO THE APPEARANCE OF THE LOCAL ENVIRONMENT OR THE AMENITIES OF LOCAL RESIDENTS.

6.11 Diversification and Employment Developments in the Countryside

6.11.1 The need to protect and enhance the quality of the environment and particularly open countryside, mitigate against the development of general industrial activities in the countryside. However, the countryside is the base for agricultural and forestry industries and is of considerable value to the tourism industry. The Council are anxious to support the agricultural sector and the tourism industry provided that this can take place in a sustainable manner that does not have an adverse impact on the resource upon which it is based, the countryside itself. Agriculture is dealt with later in the chapter but there is also significant scope for activities that could diversify or sustain the agricultural economy and support the tourism industry, through the re-use

Economy 99 Powys County Council UDP 2001-2016 Adopted March 2010 ______of existing buildings within the rural landscape. Such uses can ensure the preservation of buildings of considerable interest, which otherwise may fall into disuse. Developments of this type can also play an important part in sustaining the local economy and vitality of small local communities. Generally, employment uses should be limited to office, research and development and light industrial activities falling within class B1 of the Use Classes Order.

6.11.2 It is recognised that many rural buildings are becoming surplus to requirements due to the needs of modern farming practices. Many of these buildings are suitable for economic re-use and such proposals will be considered against Policy GP6 ‘Conversion of Buildings in the Countryside’. It is recognised that not all proposals for conversion and/or re-use will be acceptable due to environmental, traffic or other considerations. In this respect the conversion of large modern purpose built agricultural units to large-scale industrial uses will not be permitted as they are more suited to industrial estates that have the required infrastructure.

6.11.3 The development of new buildings in the open countryside is subject to tight control due to the need to conserve and enhance the quality of the environment. However, there are types of business, commercial, recreational or community uses, which may require specialist facilities that can be integrated into the countryside by virtue of their nature and characteristics. For example exceptions may be made for the provision of appropriate small scale workshop type or tourism based activities as outlined in policies TR4 and TR5. These should preferably be adjacent to a group of buildings forming a farm or forestry complex where these form part of a diversification project and are closely related to rural employment. Appropriate developments involving the processing of agricultural or forestry products in a similar location are another example. With all proposals, a clear case will have to be made by the applicant to justify the need for the new building, including an indication of the expected lifespan and viability of the proposed development. In addition the function of the building will be restricted by the use of planning conditions, the removal of permitted development rights and the use of planning obligations where appropriate. Proposals for such developments must comply with other UDP policies and criteria deemed to be relevant by the Local Planning Authority.

POLICY EC7 - FARM/FORESTRY DIVERSIFICATION FOR EMPLOYMENT PURPOSES IN THE OPEN COUNTRYSIDE

PROPOSALS FOR EMPLOYMENT DEVELOPMENT AS PART OF THE DIVERSIFICATION OF AN EXISTING FARM OR FORESTRY ENTERPRISE WILL BE PERMITTED WHERE THEY WOULD COMPLY WITH THE FOLLOWING CRITERIA:

1. WHERE POSSIBLE THEY SHOULD MAKE USE OF SUITABLE EXISTING BUILDINGS IN COMPLIANCE WITH POLICY GP6. 2. ANY NEW BUILDINGS THAT ARE PROPOSED SHOULD BE SENSITIVELY DESIGNED AND SET IN AN APPROPRIATE LOCATION IN KEEPING WITH THE LANDSCAPE SETTING AND PREFERABLY ADJACENT TO A GROUP OF BUILDINGS FORMING A FARM OR FORESTRY COMPLEX; 3. THE DEVELOPMENT WOULD COMPLY WITH RELEVANT CRITERIA IN POLICY EC1.

6.11.4 One exceptional form of development that may be permitted in the open countryside relates to the need for major new meat processing plants to strengthen the market for Welsh lamb. Lamb is one of Powys’s most important agricultural

Economy 100 Powys County Council UDP 2001-2016 Adopted March 2010 ______products and it is vital for the area's farming economy that value is added to this product locally and that the finished lamb can thereby be marketed as Welsh lamb. This Council’s predecessor and the former Development Board for Rural Wales undertook detailed research into the locational requirements of such a major development. The large site area, lairage, good access and exceptional water supply and effluent discharge requirements have led, to date, to the identification of a single suitable site in north Powys near Llandrinio. It is considered essential that this site is identified and safeguarded for a major meat processing plant.

POLICY EC8 - STRATEGIC MEAT PROCESSING SITE

A. FAVOURABLE CONSIDERATION WILL BE GIVEN TO PROPOSALS FOR A MAJOR SLAUGHTERING AND/OR MEAT PROCESSING PLANT ON THE SITE ALLOCATED FOR THIS PURPOSE NEAR LLANDRINIO, PROVIDING THE APPLICATION AND ANY SUPPORTING ENVIRONMENTAL ASSESSMENT THAT MAY BE NECESSARY ARE SATISFACTORY IN TERMS OF THE QUALITY OF THE DEVELOPMENT'S DESIGN, LANDSCAPING, VEHICULAR ACCESS (BOTH ON AND OFF SITE), PARKING AND POLLUTION CONTROL ARRANGEMENTS. OFF-SITE INFRASTRUCTURE WORKS AND COMMUNITY BENEFITS WILL BE SOUGHT IN ORDER TO COMPENSATE FOR THE LOCAL IMPACT OF THE DEVELOPMENT.

B. PROPOSALS WILL BE REFUSED FOR THIS SITE'S ALTERNATIVE USE OR FOR PARTIAL DEVELOPMENT BY A SMALLER MEAT PROCESSING OPERATION, IN ORDER TO SAFEGUARD THE SITE FOR THE STRATEGICALLY IMPORTANT USE FOR WHICH IT HAS BEEN ALLOCATED.

C. PROPOSALS WILL BE APPROVED FOR SMALLER SLAUGHTERING AND/OR MEAT PROCESSING PLANTS ON SUITABLE SITES WITHIN SETTLEMENTS OR IN THE COUNTRYSIDE, PROVIDING THE PROPOSALS COMPLY WITH THE FOLLOWING CRITERIA:

1. THE SITE IS WELL LOCATED ON THE ROAD NETWORK; 2. THE DEVELOPMENT IS LOCATED EITHER ON A GENERAL BUSINESS SITE IDENTIFIED IN UDP POLICY EC2 OR ON A SITE IN THE COUNTRYSIDE THAT IS WELL SCREENED FROM HIGHWAYS AND OTHER PUBLIC VANTAGE POINTS BY TOPOGRAPHY, WOODLAND AND/OR STRUCTURAL LANDSCAPING; 3. THE PROPOSALS INCLUDE SATISFACTORY POLLUTION CONTROL ARRANGEMENTS AND WOULD COMPLY WITH UDP POLICY EC1.

6.12 Agricultural Developments

6.12.1 The Town and Country Planning (General Permitted Development) Order 1995, as amended, defines permitted development rights for agricultural buildings and operations. It distinguishes between classes of development for units of 5 hectares or more and smaller units of between 0.4-5 hectares with more limited permitted development rights being available on smaller units. In both Classes, development must be, “reasonably necessary for the purposes of agriculture with the unit”.

6.12.2 Prior to development, the developer must apply to the Local Planning Authority for a determination as to whether the prior approval of the Authority will be required. Notification of the need for prior approval applies to the:

 Erection, extension or alteration of a building;

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 Formation or alteration of a private way;  Carrying out of excavations or the deposit of waste material where the area exceeds 0.5 hectares;  The placing or assembly of a tank or other structure used for fish farming.

6.12.3 The Local Planning Authority has 28 days within which to give notice to the applicant as to whether prior approval of the details is required for the siting, design and external appearance of the building, or to the siting and means of construction of the private way, etc. The Council must make a decision within 8 weeks. In addition, important hedgerows are protected under the Hedgerows Regulation 1997, which requires the notification of proposals to remove such hedgerows to the Local Planning Authority (see Environment Chapter).

6.12.4 The following policy applies to applications requiring approval of details and to those which have no permitted development rights and require planning permission. Approval of details will generally be requested where the proposed development is perceived to impact upon the landscape or will cause conflicts with neighbouring uses.

POLICY EC9 - AGRICULTURAL DEVELOPMENT

PROPOSALS FOR AGRICULTURAL DEVELOPMENT WHICH REQUIRE PLANNING PERMISSION OR APPROVAL OF DETAILS WILL BE PERMITTED WHERE THEY COMPLY WITH THE FOLLOWING CRITERIA:

1. THE PROPOSED DEVELOPMENT WOULD NOT CAUSE ANY UNACCEPTABLE ADVERSE EFFECTS ON POWYS’ LANDSCAPE. THE VISUAL IMPACT OF PROPOSALS SHALL BE REDUCED AS FOLLOWS:  BUILDINGS SHALL BE CAREFULLY SITED AND DESIGNED TO MINIMISE THEIR IMPACT ON THE LANDSCAPE AND, WHEREVER POSSIBLE, GROUPED WITH EXISTING BUILDINGS.  BUILDINGS SHALL BE DESIGNED AND CONSTRUCTED OF MATERIALS TO TAKE ACCOUNT OF THEIR SURROUNDINGS. REFLECTIVE EXTERNAL SURFACES SHOULD BE AVOIDED AND ROOFS SHALL BE DARK COLOURED. TRADITIONAL BUILDING MATERIALS SHALL BE CONSIDERED IN SENSITIVE LOCATIONS.  ROADWAYS AND OTHER ENGINEERING OPERATIONS SHALL BE INTEGRATED WITH THE EXISTING TOPOGRAPHY AND LANDSCAPE FEATURES AND SHALL BE DESIGNED TO MINIMISE ANY UNACCEPTABLE ADVERSE VISUAL IMPACT. 2. PROPOSALS SHOULD TAKE ACCOUNT OF EXISTING LANDSCAPE FEATURES, SUCH AS HEDGEROWS AND TREES, WHICH SHOULD BE RETAINED WHEREVER POSSIBLE. ADDITIONAL LANDSCAPING MEASURES WILL BE REQUIRED, SUCH AS TREE AND SHRUB PLANTING OR EARTH MOUNDING IN PARTICULARLY SENSITIVE SITUATIONS.

6.12.5 Intensive livestock units, including poultry housing, raise particular planning issues such as smell, noise, dust, pollution and traffic. Whilst the Council wishes to sustain an efficient and viable farming economy, this must be balanced against maintaining the well being of the wider community and the high quality of the Powys landscape. Proposals for such developments must comply with other UDP policies and criteria deemed to be relevant by the Local Planning Authority.

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6.12.6 The impact of intensive livestock units upon the landscape and nature conservation interests can be considerable as a result of their size, scale and intensity of operations. Proposals will only be permitted where they can be accommodated without significant, adverse visual impact upon the landscape. When determining applications, the Council will also take the cumulative impact of the proposal and other existing or proposed units into account. Where appropriate, the applicant may be requested to prepare and submit an Environmental Statement in accordance with the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988, as amended, to ensure that all aspects of the impact of the proposal on the environment are considered in full.

6.12.7 Furthermore, applications shall include details of the methods and means to be used for the keeping and disposal of all waste products arising from the proposal, such as manure and litter. Applicants must ensure that spreading regimes will not cause any unacceptable impact on interest of nature conservation importance as well as to neighbouring properties in terms of smell and dust. Consultation on proposals will also be undertaken with the Environment Agency to ensure that there is no risk of pollution to the area’s water resources and that proposals comply with the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991. The Welsh Assembly Government’s Codes of Good Agricultural Practice for Air, Soil and Water, as revised 1998, provide guidance on these issues.

POLICY EC10 - INTENSIVE LIVESTOCK UNITS

LARGE SCALE PROPOSALS FOR INTENSIVE LIVESTOCK UNITS, OR EXTENSIONS TO EXISTING UNITS, INCLUDING POULTRY HOUSING, WILL BE PERMITTED ONLY WHERE THEY WOULD COMPLY WITH RELEVANT CRITERIA IN UDP POLICY EC1. IN PARTICULAR, THE CUMULATIVE IMPACT OF SUCCESSIVE SIMILAR DEVELOPMENTS UPON THE LOCALITY SHALL BE TAKEN INTO ACCOUNT.

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7: Retail and Commerce

7.1 Introduction

7.1.1 Shopping is an important aspect of everyone’s life and the provision of an adequate and accessible range of shops is particularly important if an area is to be an attractive place in which to live and work. Across Powys, the type and variety of shopping facilities on offer are very much associated with the historic development of the settlements within the County. Whilst the larger market towns provide a wide range of services, at the local level, village shops and sub-post offices provide a much- needed local service and a focal point for community life.

7.1.2 Market towns such as Builth Wells, Llandrindod Wells, Machynlleth, Newtown and Welshpool are characterised by a variety of small, locally owned businesses and some nationally recognised retailers and so provide a wide range of shops and services. Due to this range of facilities, these towns serve their resident populations, the wider community and visitors to the area. In contrast, shopping provision in small rural villages is often restricted to a single village shop, a sub-post office or a village pub that serve only a small catchment area.

7.1.3 Whilst there is a contrast between these two extremes in terms of the range of shopping and service provision available, the role that each provides to the community is equally important. Market towns are easily accessible, attracting shoppers from a wider catchment area, the small rural or village shop provides easy access to basic provisions, especially for those with limited access. Local village shops therefore have an important role in supporting the vitality and viability of rural villages and provide an important focal point for rural village life, although many such outlets have been lost in recent years.

7.2 Strategic Framework and Part One Justification

7.2.1 Part One of the UDP contains the strategic aims h) and j) and Strategic Policy UDP SP7 relevant to retailing and commerce.

7.2.2 In recognising that shopping facilities vary according to the size and location of each settlement within Powys, the Council’s retail policies have been designed to address local shopping needs alongside the promotion of sustainable development. Therefore Part One Strategic Policy UDP SP7 Retail Developments, Leisure and other Town Centre uses and the Sustainable Growth and Settlement Strategy provide a framework that encourages new retail developments to locate in areas accessible by a variety transport modes. This framework also acknowledges that it is important to support rural communities and this policy approach would allow them the opportunity to develop shopping facilities appropriate to their needs. The criteria of Policy UDP SP7 reflect Planning Policy Wales, 2002 guidance, such as the sequential test, and are explained in detail in the following sections.

7.3 National Planning Policy and Guidance

7.3.1 TAN4 Retailing and Town Centres (1996) and Planning Policy Wales (2002) set out the Welsh Assembly Government’s objectives and guidance for retail development, and indicate the importance of sustaining the vitality, attractiveness and viability of existing shopping centres. This guidance also emphasises the promotion of

Retail and Commerce 104 Powys County Council UDP 2001-2016 Adopted March 2010 ______sustainable development by encouraging retail development to be allocated within existing retail centres, as these are considered to be the most accessible by a variety of transport modes. In accordance with this advice the Council has developed a Retail Centre Hierarchy (see below) that provides a framework for ensuring that new retail developments are appropriate to the scale of the retail centres and are located within or adjacent to existing retail centres, wherever possible.

7.4 The County’s Retail Centre Hierarchy

7.4.1 The Council’s approach for determining the most suitable sites for development is based on the need to promote accessible and sustainable patterns of development. To this end the Council has developed a Sustainable Settlement Hierarchy (see Part I of this plan) as the basis for focusing future growth and land allocations. Similarly this approach has been applied to the forward planning of retail and service provision across the County through the defining of a retail centre hierarchy as a framework for determining future development proposals. This approach integrates land use planning so that, for instance, new housing can be allocated to those settlements that have necessary local services e.g. local school and shops. In so doing this will reduce the need to travel and will support the viability of existing retail providers.

7.4.2 In addition to shopping provision within Powys itself, the Council also recognises that there are Regional Retail Centres outside of the County, which influence shopper behaviour in Powys. These include centres such as Abergavenny, Aberystwyth, Bristol, Cardiff, Chester, Hereford, Merthyr Tydfil, Neath, Shrewsbury, Swansea, Telford, and Wrexham. These offer visitors shopping outlets that are characterised by an array of nationally established companies offering an extensive range of consumable and durable goods. These Regional Centres serve the largest catchment areas and are accessible by public and private transport.

7.4.3 It is not feasible for Powys’ towns to compete at the same level as these but they must be acknowledged within the overall policy approach of the UDP, which aims to retain as much retail spend within the County as possible. To achieve this the Council has proposed a Retail Centre Hierarchy to complement the UDP’s Retail Policies, the purpose of which is to provide opportunities to enhance existing retail centres, promote local businesses and add value to locally produced goods and services.

7.4.4 The proposed Retail Hierarchy for Powys consists of 4 tiers of provision. The differences between these centres is determined essentially by the following factors: a) The number, type and range of shopping services provided by the centre; b) The character and attractiveness of the centre; c) The size of its catchment area; and d) Accessibility by a means of different transport modes.

7.4.5 Area Retail Centres: Builth Wells, Knighton, Llandrindod Wells, Newtown, Welshpool, Ystradgynlais. (Brecon – Brecon Beacons National Park, BBNP).

7.4.6 Being the largest retail centres and settlements in the County, these are characterised by having a well-defined town centre, containing a wide range of retail outlets financial and professional services, both nationally and locally owned. They serve not only their resident population, but also a wide catchment area due to the

Retail and Commerce 105 Powys County Council UDP 2001-2016 Adopted March 2010 ______nature of retail facilities and services they offer. For this reason, settlements categorised as Area Retail Centres are considered to be strategically important in terms of their retail and service provision.

7.4.7 Within each of these towns, a “Retail Core Area” has been identified and within this a “Primary Shopping Frontage” where there is a concentration of primarily A1 shops along the most important shopping streets. Both the retail core areas and primary shopping frontages are marked on the inset maps. This is to ensure that a diverse range of retailing facilities are concentrated in accessible areas, as opposed to having retailing spread over a wide area. The purpose of the Primary Frontage Policy is to ensure that the retail units located in these key-shopping streets are retained for A1 and A3 retail uses (shops, restaurants, cafes) in accordance with Town and Country Planning (Use Classes) Order, 1987 as amended. (See glossary for a description of the Use Classes Order). Elsewhere in the Retail Core Area, the Council will allow for a mix and variety of retail and commercial uses including, offices, banks and other financial institutions (Class A2) so as to create further diversity. Diversity of shopping and service provision in these centres is seen as the key to ensuring that Area Retail Centres maintain their vitality, viability and attractiveness for shoppers.

7.4.8 Because Area Retail Centres are accessible to a wide range of transport modes, these settlements are also considered to be best suited to accommodate the majority of new, larger scale retail development over the Plan period. Recently, centres such as Ystradgynlais, Builth Wells, Welshpool and Newtown have seen large new retail developments, including new supermarkets. It is envisaged that large new retail developments are best suited to Area Retail Centres, although some smaller retail developments may also be acceptable in District Retail Centres. However, new large retail proposals will be considered in relation to existing retail provisions and may be subject to a retail impact assessment.

7.4.9 District Retail Centres: Llanidloes, Machynlleth, Presteigne, Rhayader, (Crickhowell and Hay – BBNP)

7.4.10 Some market towns provide significant retail facilities for their immediate hinterlands and for visitors to the area but do not perform the wider role of Area Retail Centres. They have a good range of shops and services but with few national retailing companies represented. These towns are smaller than those performing an Area Retail Centre function and whilst capable of satisfactorily accommodating modest new retail developments, are less well suited to larger developments. Retail Core Areas have been defined for these towns on the inset maps, but no Primary Shopping Frontages have been identified, as it is envisaged that the desired mix of retail, commercial and service uses can be accommodated within the town centre boundaries without any detriment to the shopping function.

7.4.11 Local Retail Centres: Llanwrtyd Wells, Llanfair Caereinion, Llanfyllin, Montgomery, (Talgarth – BBNP).

7.4.12 These tend to be smaller towns or larger villages, with lesser catchment areas, generally characterised by either a very compact retail area or a dispersal of several shops. They offer a limited range of facilities and services, including banking and postal services, many of which are essential for day to day basic needs and for the successful operation of local businesses. Town Centre areas have been defined for these centres where a distinct centre exists. Again as with District Centres, this

Retail and Commerce 106 Powys County Council UDP 2001-2016 Adopted March 2010 ______allows for a diversity of retail and commercial uses in a compact town centre, but restricts the conversion of existing ground floor shop units to uses other than retail and commercial uses (Classes A1, A2 and A3).

Neighbourhood and Rural/Village Shops

7.4.14 Individual shops provide an important function at the local neighbourhood level within towns, small villages, and the more isolated areas of Powys. This category also includes pubs and filling stations, which can act as essential outlets for basic daily provisions and services. These centres have the smallest catchment areas, generally only serving local communities and villages within their immediate surrounding rural area, or the incidental passer-by.

7.4.15 Given their importance, the Council recognises the need for retaining these shops and to take advantage of new opportunities for such developments in appropriate locations where the need arises. For instance, a flexible approach to the use of existing premises can also help provide much needed facilities and it may be appropriate for a local village pub to operate as a village shop come sub-post office. The advantages of this are that it will reduce the need for local people to travel long distances in search of essential services, and at the same time it will provide additional revenue for the business.

POLICY RP1 - RETAIL CENTRE HIERARCHY

NEW RETAIL DEVELOPMENTS SHOULD BE OF A SCALE AND DESIGN APPROPRIATE TO THE SETTLEMENT AND IN ACCORDANCE WITH THE POSITION IN THE RETAIL CENTRE HIERARCHY IN THIS PLAN.

7.5 Town Centre Environments and Shop Front Design

7.5.1 Creating retail centres that are pleasant, safe and sociable places, accessible to all members of the community is seen as a key element in maintaining the vitality, attractiveness and the future viability of Retail Centres within Powys.

7.5.2 Improving the retail centre can only be achieved through the careful management of the town centre environment and the quality of service it provides. The Council through its regeneration and economic development functions can support management of retail premises indirectly, it is also able to directly enhance and influence the environmental quality of town centres. Such improvements can range from large-scale schemes such as traffic management to the installation of street furniture and tourist information. These enhance facilities for local people and also create a positive impression to visitors, stimulating confidence in the wider area.

7.5.3 Additionally, many of the historic centres of market towns in Powys have been designated as Conservation Areas and contain important historical buildings and features. Within such areas it is important that enhancement schemes and new retail developments are designed to complement the town’s historic character. To assist in this, the Council is proposing to produce Supplementary Planning Guidance on Shop Fronts and Advertisements, which will provide guidance to shop owners and developers on the appropriate design of shop fronts, security and advertising.

7.5.4 In recent years, the Council has also sought to enhance existing town centres through various community regeneration programmes, such as town centre refurbishment and building improvement schemes. The success of these schemes

Retail and Commerce 107 Powys County Council UDP 2001-2016 Adopted March 2010 ______indicates what can be achieved through co-operation between tenants, property owners, community partnerships, town councils, the Council itself and other organisations. The Council proposes to continue this approach and will support town centre and community regeneration initiatives.

7.5.5 Policy RP2 encourages and supports a wide range of improvements to existing retail centres, which the Council will pursue over the plan period. Such improvements must be complemented through other proactive measures such as the encouragement of new uses within vacant premises, and the re-development of derelict and vacant sites.

POLICY RP2 - ATTRACTIVE TOWN CENTRES

PROPOSALS WILL BE PERMITTED THAT IMPROVE THE ATTRACTIVENESS OF TOWN AND RETAIL CENTRES BY:

A. ENVIRONMENTAL ENHANCEMENT; B. IMPROVEMENTS TO SHOP FRONTS AND BUILDING FACADES; C. ENHANCED AMENITIES FOR SHOPPERS/VISITORS ; D. TRAFFIC MANAGEMENT MEASURES WHICH LEAD TO IMPROVED ACCESS FOR PEDESTRIANS, PERSONS WITH LIMITED MOBILITY, CYCLISTS AND/OR VEHICLES.

7.6 Town Centre Retail and Commercial Policies

7.6.1 To maintain and encourage further diversity within the Retail Centres there is a need to strike a balance between retail and non-retail uses. Hence, within Area Retail Centres (as defined in the County’s Retail Hierarchy above) the Council identifies a primary shopping frontage policy that prioritises the retention of A1 and A3 shop uses within the designated retail centre. This is to ensure that non-retail uses do not become concentrated to the extent that they detract from the appeal and convenience of existing centres for shoppers. The main exceptions to this policy would be where premises suffer from a prolonged period of vacancy as this can have a negative impact on the appearance and vitality of the area. In such circumstances, property owners/shop keepers must demonstrate that genuine but unsuccessful efforts have been made to find a retail user. Also proposals that provide a community service such as an advice or resource centre may be acceptable.

7.6.2 Elsewhere within the town centres it is also possible to encourage a wider range of office and commercial developments, which will benefit from a central location and better accessibility. Even on primary shopping frontages uses such as additional office and other commercial uses will be permitted on upper floors.

7.6.3 Food and drink uses make a significant contribution to the local economy and the vitality and viability of town centres. They provide refreshment facilities for people shopping, working or visiting the towns, as well as being an attraction and purpose for a visit in their own right. Whilst they contribute to the diversity of retail centres, A3 uses - restaurants, pubs, tearooms, cafes, bars, and hot food takeaways also raise different issues arising from their very different characteristics. These include hours of operation and peaks of usage, scale, operation of home delivery service, the generation of litter/waste, smells and noise. Consequently, where necessary, the Council will use planning conditions to control such developments and their operation to ensure that the proposal is acceptable and will not be detrimental to residential amenity and that of other uses. To protect amenity, the Council will apply

Retail and Commerce 108 Powys County Council UDP 2001-2016 Adopted March 2010 ______planning conditions to cover these matters and where this cannot be guaranteed the Council will consider refusing an application for an A3 use.

POLICY RP3 - TOWN CENTRE RETAIL DEVELOPMENT

PROPOSALS FOR A1 (SHOPS), A2 (FINANCIAL AND BUSINESS), A3 (FOOD AND DRINK ESTABLISHMENTS) AND OTHER APPROPRIATE TOWN CENTRE USES, EXCLUDING RESIDENTIAL USES, WILL BE PERMITTED IN TOWN CENTRE AREAS, INCLUDING UPPER FLOORS, UNLESS:

1. THEY WOULD HAVE AN UNNACEPTABLE ADVERSE EFFECT ON THE VITALITY, ATTRACTIVENESS, CHARACTER AND VIABILITY OF THE EXISTING RETAIL CENTRE. 2. THEY WOULD RESULT IN THE LOSS OF AN EXISTING GROUND FLOOR A1 OR A3 USE IN A PRIMARY SHOPPING FRONTAGE UNLESS: A. THE SHOP HAS BEEN VACANT FOR A PROLONGED PERIOD AND GENUINE ATTEMPTS AT MARKETING THE EXISTING USE HAVE BEEN UNSUCCESSFUL; OR B. THE PROPOSAL IS FOR A COMMUNITY USE, WHICH IN THE OPINION OF THE COUNCIL IS OF WIDER PUBLIC BENEFIT AND IN NEED OF A TOWN CENTRE LOCATION.

ALL RETAIL DEVELOPMENTS SHOULD REFLECT THE DESIGN ADVICE IN THE SUPPLEMENTARY PLANNING GUIDANCE SHOPFRONTS AND ADVERTISEMENTS.

7.6.4 Office Developments

7.6.5 Office developments have an important role to play in providing local services and jobs and the Council is committed to the strengthening of office-based development and employment opportunities. There would appear to be increasing scope to encourage such inward investment to complement other employment developments. The spread of new technologies means that office-based organisations of small and medium size no longer need to locate in major urban areas; indeed there are real disadvantages in doing so. As technological communications improve, the area could offer an increasingly attractive location for office-based companies operating in Wales or for the regional offices of national/international organisations. The business development sites identified in policy EC2 and EC4 of the Economy Chapter, together with development in appropriate town centre locations, provide a range of opportunities for office development and proposals for such developments will be assessed against the following policy. Proposals for town centre developments should also comply with Policy RP3.

POLICY RP4 - OFFICE AND COMMERCIAL DEVELOPMENT

OFFICE AND APPROPRIATE NON-RETAIL COMMERCIAL DEVELOPMENTS WILL BE PERMITTED ON SITES COMPLYING WITH POLICIES EC2 AND EC4 AND IN OTHER SUITABLE LOCATIONS WITHIN SETTLEMENT DEVELOPMENT LIMITS SUBJECT TO THEIR COMPLYING WITH THE CRITERIA IN POLICY EC1. PROPOSALS WITHIN TOWN CENTRES WILL ALSO BE EXPECTED TO COMPLY WITH POLICY RP3.

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7.6.6 Living Over the Shop

7.6.7 In addition to providing alternative retail opportunities, space above shop premises can usefully contribute toward the stock of residential accommodation, especially more affordable housing for smaller households. Furthermore, by encouraging people to live above shops this can add to the safety, vitality and attractiveness of existing centres, as well as provide opportunities for shops to extend business hours.

7.6.8 The Council views Town Centres as the most suitable locations for upper floor conversions to residential use as they are situated close to readily available public car parks/parking areas, and public transport routes. Therefore the Council has decided to apply a flexible approach to proposals to assist in creating additional residential accommodation above retail premises in town centres.

POLICY RP5 - LIVING OVER THE SHOP

THE USE OF UPPER FLOORS ABOVE RETAIL/COMMERCIAL PREMISES IN TOWN CENTRES FOR RESIDENTIAL ACCOMMODATION WILL BE PERMITTED WHERE THE USE WOULD NOT DETRACT FROM THE VIABILITY OF THE RETAIL/COMMERCIAL UNIT AND IT COMPLIES WITH THE RELEVANT HOUSING POLICIES IN THIS PLAN.

7.7 Large Scale Retail Developments

7.7.1 New large-scale retail developments can enhance the quantity, range and quality of shopping facilities available in a town but conversely they may also have a detrimental effect on the vitality, attractiveness and viability of existing town centres. Developers proposing new large-scale developments will be expected to demonstrate that there is a need for the additional retail provision, that it can be satisfactorily located and that it will not have unacceptable adverse impact on the existing retail provision in the nearby town centre. Similarly, such developments should also take account of, and address, any increased levels of traffic. Therefore, it is likely that a transport assessment will be required in accordance with Transport Policy T3.

7.7.2 It is the Council’s policy to locate future retail development within the existing town centres wherever possible, but it is acknowledged that certain large-scale retail outlets or stores may not be suitable in a town centre location. This is especially true for the sale of large, heavy or bulky goods, which for the purposes of Policies RP6 and RP7 below, are defined as non-food goods and include the following: heavy equipment, building and DIY supplies, agricultural goods, vehicles, furniture, carpets, gardening and large electrical goods.

7.7.3 In considering applications for large-scale retail developments, development proposals should apply a sequential test and where appropriate developers may be requested to undertake a retail impact assessment. These are explained below

7.7.4 A) The Sequential Test

7.7.5 The Welsh Assembly Government’s advice contained in TAN4 Retailing and Town Centres (1996) and Planning Policy Wales (2002) indicates that where a need for further retail development has been identified, Local Authorities should apply a sequential test to determine the suitability of the proposal. This is to ensure that retail developments are located in the most accessible areas, with town centres seen as the

Retail and Commerce 110 Powys County Council UDP 2001-2016 Adopted March 2010 ______preferred location. Applicants will be expected to conform with the retail policy tests as set out in Planning Policy Wales (2002) paragraph 10.3 and the Council will direct development firstly to suitable town centre sites, including the conversion of existing buildings, then to edge-of-centre sites, and finally out-of-centre sites that are accessible by several travel modes (including public transport, walking and cycling). Proposals for out-of-town developments that will generally involve the development of greenfield sites are seen as unsustainable and therefore will be opposed.

7.7.6 For Town Centres with designated Retail Core Areas, the Council will apply the following definitions in the interpretation of the sequential test.

Town Centre Site: A site within the town centre boundary as defined on the proposals map insets for the UDP.

Edge-of-Centre Site: A site outside but adjoining a defined town centre area. Such sites should be easily accessible by town centre shoppers.

Out-of-Centre: A location that is physically separate from the town centre but still within the urban area.

Out-of-Town: Located outside a town’s development limit.

7.7.7 Proposals outside of a defined town centre shall be designed to be accessible to all, incorporating traffic management to improve safety and being sympathetically designed to reflect the character and nature of the surrounding area.

7.7.8 B) Retail Impact Assessments

7.7.9 In addition to applying the sequential test, TAN4 Retailing and Town Centres (1996) indicates that all retail developments over 2,500 square metres gross floor space should be supported by a retail impact assessment, and that assessments may also be necessary for smaller developments likely to have a large impact on a smaller town centre. Given the rural nature of Powys and the modest size of its towns, new retail developments may have a detrimental impact on the local economy. Therefore, the Council may also require an impact assessment for developments smaller than 2,500 square metres. TAN4 advises that this should provide evidence of:

 Whether the applicant adopted the sequential approach to site selection and the availability of alternative sites.  Their likely economic and other impacts on other retail locations including town centre, local and neighbourhood centres, including the consideration of the cumulative effect of recently completed developments and outstanding planning permissions.  Their accessibility by a choice of transport means, including access for pedestrians, giving an assessment of the proportion of customers arriving by different means of transport.  The likely changes in travel patterns over the catchment area.  Any significant environmental impacts.

7.7.10 Developers of large-scale proposals will be asked to carry out a transport assessment to ensure that all the highway implications of the development are addressed (Policy T3). There are also likely to be circumstances where planning obligations can be sought from these developments for the benefit of the wider community (see Policy GP2 in the Generic Policies Chapter).

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POLICY RP6 - LARGE RETAIL DEVELOPMENTS

PROPOSALS FOR LARGE SCALE RETAIL DEVELOPMENTS, INCLUDING THOSE SELLING FOOD GOODS, WILL ONLY BE PERMITTED WHERE THEY MEET ALL OF THE FOLLOWING CRITERIA:

1. OUTSIDE EXISTING TOWN CENTRES, THE DEVELOPER SHALL DEMONSTRATE THAT THERE IS A NEED FOR THE DEVELOPMENT. 2. THE PROPOSAL SHALL NOT HAVE AN UNACCEPTABLE ADVERSE IMPACT ON THE VITALITY, ATTRACTIVENESS AND VIABILITY OF THE RETAIL CENTRE OR OTHER NEARBY CENTRES. 3. THE ‘SEQUENTIAL TEST’ HAS BEEN APPLIED IN THE SELECTION OF THE SITE AND THAT WHERE AN OUT-OF-CENTRE LOCATION IS PROPOSED IT CAN BE DEMONSTRATED THAT NO ALTERNATIVE SUITABLE SITES ARE AVAILABLE EITHER WITHIN OR ADJACENT TO THE TOWN CENTRE. PROPOSALS ON OUT-OF-TOWN SITES OUTSIDE DEVELOPMENT LIMITS WILL NOT BE PERMITTED. 4. THE PROPOSAL SHALL NOT LEAD TO THE LOSS OF LAND ALLOCATED FOR OTHER PURPOSES WITHIN THE UDP, INCLUDING HOUSING AND EMPLOYMENT PURPOSES, UNLESS THE COUNCIL IS SATISFIED THAT ADEQUATE LAND REMAINS AVAILABLE TO MEET THE FUTURE REQUIREMENTS OF THE AREA. 5. THE PROPOSED DEVELOPMENT SHALL INCORPORATE, OR CONTRIBUTIONS SHALL BE MADE TO THE PROVISION OF NECESSARY: A. ON AND OFF SITE INFRASTRUCTURE IMPROVEMENTS; AND/OR B. FACILITIES FOR CAR AND NON-CAR USERS AND OTHER PERSONS WITH LIMITED MOBILITY WHERE APPROPRIATE; AND C. RECYCLING FACILITIES. PLANNING OBLIGATIONS MAY BE REQUESTED TO SECURE THESE IMPROVEMENTS IN ACCORDANCE WITH POLICY GP2.

POLICY RP7 - BULKY (NON-FOOD) GOODS

THE FOLLOWING SITES HAVE BEEN ALLOCATED FOR BULKY GOODS / RETAIL WAREHOUSING PURPOSES:  WELSHPOOL LIVESTOCK MARKET.  NEWTOWN LIVESTOCK MARKET. PROPOSALS FOR BULKY GOODS RETAILING DEVELOPMENTS COMPLYING WITH THE CRITERIA IN POLICY RP6, EXCLUDING FOOD RETAIL DEVELOPMENTS, WILL BE PERMITTED ON THESE SITES. THE PRINCIPLE GOODS SOLD WILL BE LIMITED TO VEHICLES, HEAVY EQUIPMENT, FURNITURE, CARPETS, DIY, BUILDING PRODUCTS, GARDENING, AGRICULTURAL PRODUCTS AND LARGE ELECTRICAL GOODS.

7.8 Town Centre Redevelopment Opportunities

7.8.1 Many of Powys’ towns contain sites that are, or may become, underused, derelict, dilapidated or contain vacant buildings either within or neighbouring their town centres and which have the potential for redevelopment for retail, housing, commercial and other appropriate town centre uses. Due to the proximity of such sites to existing town centres, the Council will encourage their redevelopment including, where appropriate, mixed-use developments. The redevelopment of such sites for mixed uses can add to the diversity of activities during different times of the day, and also

Retail and Commerce 112 Powys County Council UDP 2001-2016 Adopted March 2010 ______make the most of public transport and thereby contribute to the Council’s objectives of sustainable development. However there may be exceptions where it may not be possible to include a mix of uses in a satisfactory way, particularly on small sites, due to design, operational or other functional reasons. Development opportunities for retail/commercial development are shown on the Proposals Map insets where they are known to exist.

7.8.2 Development will be promoted through the preparation of development briefs, where appropriate, on sites that are already available or become available in or adjacent to the Town Centres.

POLICY RP8 - TOWN CENTRE REDEVELOPMENT OPPORTUNITIES

THE REDEVELOPMENT OF SITES WITHIN OR ADJACENT TO TOWN CENTRES WITH THE POTENTIAL AND/OR SCOPE FOR RETAIL, COMMERCIAL AND MIXED USE DEVELOPMENT WILL BE PERMITTED WHERE THEY COMPLY WITH THE RELEVANT UDP POLICIES AND A DEVELOPMENT BRIEF PREPARED FOR THAT SITE.

7.9 Markets and Car Boot Sales

7.9.1 Indoor and open-air markets provide a popular form of retailing, attracting large numbers of people from within and outside of the County. In the case of Farmers’ Markets, these can provide a valuable source of income for local food producers and give an opportunity for local produce to be sold directly to the consumer. In recent years there has been a dramatic growth in the popularity of car boot sales, auctions and antique sales, which have proved immensely popular with the public, but often these take place on different sites in ad hoc locations under the 14- day rule. This allows for a temporary use to occur up to 14 times a year without the need for planning permission.

7.9.2 The majority of existing permanent markets are located either within or close to existing town centres. This reflects their ease of accessibility and complements the retail and service function of town centres. In keeping with the success of this approach, the Council will continue to support proposals for new permanent markets that operate on full or part time basis where these are located as close as possible to town centres.

POLICY RP9 - RETAIL MARKETS

PROPOSALS FOR RETAIL MARKETS WILL BE PERMITTED PROVIDED THAT THEY MEET THE CRITERIA LISTED BELOW.

ELSEWHERE, PROPOSALS WILL BE PERMITTED ON APPROPRIATE SITES WITHIN DEVELOPMENT BOUNDARIES AND PREFERABLY CLOSE TO TOWN CENTRES PROVIDED THAT:

1. THE PROPOSAL WILL NOT HAVE AN UNACCEPTABLE ADVERSE IMPACT ON THE VITALITY, ATTRACTIVENESS AND VIABILITY OF ANY RETAIL CENTRE BY VIRTUE OF ITS SIZE, LOCATION AND OPERATING HOURS. 2. THE PROPOSAL WILL COMPLY WITH THE OTHER POLICIES OF THIS PLAN AND WILL NOT CREATE UNACCEPTABLE SAFETY, ACCESS, SERVICE, ENVIRONMENTAL OR AMENITY PROBLEMS.

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7.10 Neighbourhood and Village Shops and Services

7.10.1 Neighbourhood and village shops and services such as post offices and pubs provide a valuable role outside town centres and within smaller settlements and rural areas of Powys, often providing a wide range of functions. In particular they serve the needs of persons with restricted mobility and play an important social role in the community by contributing to its own identity, as a meeting place and notice board. The loss of these facilities in rural areas is of increasing concern to local communities, particularly for the less mobile members, and it is important that rural shopping facilities are retained.

7.10.2 The Council recognises the difficulties and pressures faced by many small shopping centres. Although there are financial mechanisms for assisting shops such as the rural rate relief scheme, the UDP can assist in the retention of these rural businesses in a number of ways. Firstly, by guiding some housing development to those settlements with existing services, in accordance with the sustainable strategic settlement hierarchy, this may lead to additional users. Secondly, the Council also recognises the need for rural services to operate flexibly and to pursue alternative or dynamic methods of operating such as community run shops or the shared use of existing premises, such as the village pub or petrol station that also operates as a sub- post office.

7.10.3 In considering applications which would result in the loss of a rural shop or service such as the conversion of a public house to residential accommodation, the Council will need to be satisfied that all practicable and reasonable attempts have been made to secure the future of the shop or service. This should include adequate attempts to sell and market the premises as a business, including the operation of the business through alternative forms of management/ownership e.g. community run, or by diversifying the business base into other income streams. Ultimately, however, the Council accepts that the continuation of such businesses is dependent on the support of the local community - the “use it or lose it” principle.

POLICY RP10 - NEIGHBOURHOOD AND VILLAGE SHOPS AND SERVICES

THE ESTABLISHMENT OF NEW NEIGHBOURHOOD AND VILLAGE SHOPS OR SERVICES WILL BE APPROVED WHERE THEY WOULD BE LOCATED WITHIN:

1. A SETTLEMENT’S DEVELOPMENT LIMITS; AND, 2. THE PROPOSAL WILL NOT CREATE UNACCEPTABLE SAFETY, ACCESS, SERVICE, ENVIRONMENTAL OR AMENITY PROBLEMS. 3. DEVELOPMENTS WOULD MAKE USE OF AN EXISTING BUILDING, WHERE POSSIBLE.

DEVELOPMENT PROPOSALS THAT WOULD RESULT IN THE LOSS OF A NEIGHBOURHOOD SHOP, VILLAGE SHOP OR SERVICE WILL ONLY BE PERMITTED WHERE THE LOCAL AUTHORITY IS SATISFIED THAT:

A. THE PREMISES HAVE BEEN FOR SALE OR VACANT FOR A PROLONGED PERIOD AND GENUINE ATTEMPTS AT MARKETING THE EXISTING USE DURING THAT TIME HAVE BEEN UNSUCCESSFUL. B. THAT OTHER SOLUTIONS TO SUPPORT THE LONG-TERM ECONOMIC VIABILITY OF THE BUSINESS HAVE BEEN ADEQUATELY EXPLORED E.G. COMMUNITY OWNERSHIP, DIVERSIFICATION OF USES.

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7.11 Ancillary Retailing

7.11.1 Ancillary retailing can provide opportunities for businesses to obtain an additional income. Examples include farm shops, factory outlets, craft centres, nurseries and market garden centres selling goods grown or manufactured on the premises. This can also benefit the local community by allowing goods and services to be made available in areas where there may be a shortage in retail premises. Planning Guidance Wales (2002) also highlights the role of ancillary uses in contributing to a sustainable rural economy and in particular rural diversification.

7.11.2 In permitting ancillary retail uses it is important to avoid the possibility of establishing retail uses outside the existing retail areas, which could affect their vitality, attractiveness and viability. Therefore any retail activity must remain ancillary to the main business’ use and should not become the primary part of the business. To control this, the applicant may be requested by the Council to enter into a Planning Obligation by agreement under Section 106 of the Town and Country Planning Act, 1990. Alternatively, the Council may attach appropriate conditions to any grant of planning permission to control for example, the type of retailing, the hours of business and to restrict the sale of goods sold. In respect of the latter, this will ensure that the goods sold are those that originate on the premises. However as part of a rural diversification scheme the Council recognises that some flexibility of interpretation is desirable, for instance it may be appropriate to allow a farm shop to also operate as an outlet for the sale of local produce from other farms in the area. Enterprises such as these also complement the UDP’s economic development policies, and such proposals should be read in conjunction with these.

POLICY RP11 - ANCILLARY RETAILING FROM NON-RETAILING SITES

THE SALE OF GOODS OR SERVICES FROM EXISTING NON-RETAILING PREMISES WILL BE PERMITTED WHERE IT CAN BE SHOWN THAT THE PROPOSAL WOULD:

1. REMAIN ANCILLARY TO THE MAIN USE; 2. CONTRIBUTE TOWARDS DIVERSIFICATION OF THE RURAL ECONOMY; 3. HAVE NO SIGNIFICANT ADVERSE EFFECT ON THE VITALITY AND VIABILITY OF ESTABLISHED AREA, DISTRICT, LOCAL AND NEIGHBOURHOOD CENTRES; 4. THE PROPOSAL WILL CONFORM WITH THE OTHER POLICIES OF THIS PLAN AND WILL NOT CREATE UNACCEPTABLE SAFETY, ACCESS, SERVICE, ENVIRONMENTAL OR AMENITY PROBLEMS.

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8: Transport

8.1 Introduction

8.1.1 The pattern and distribution of the County’s settlements varies considerably from isolated rural villages to more accessible market towns that serve a wide area. Consequently, rural communities increasingly find the need to use a car to reach shopping, services, employment and leisure opportunities. It is not surprising then that with a total area of some 5000 square kilometres and a dispersed population of approximately 24 persons per square kilometre, Powys has the highest level of car ownership amongst households in Wales.

8.1.2 Whilst acknowledging that private car ownership is a necessity for many journeys in Powys, it is also essential to recognise the needs of those without a private motor vehicle, as well as the need to ameliorate the effects of car traffic on the environment. Therefore, in order to contribute to improving the quality of life for all residents and visitors, the Council aims to ensure that the range and choice of travel opportunities is maximised wherever possible.

8.1.3 Naturally, these aspirations have profound implications for developing policies that promote greater access, mobility and economic prosperity but also support the principles of sustainable development. Therefore, through the Councils Sustainable Strategic Settlement Hierarchy, the UDP aims to strike a balance between these competing interest by emphasising the integration of land use planning and transport policies, so that future development does not increase the dependency on car use in Powys.

8.1.4 The policies contained within the UDP have been designed to complement the main aims and objectives of the Regional Transport Plan (RTP) 2010/11 – 2014/15 of Trafnidiaeth Canolbarth Cymru (TraCC - the regional transport partnership). TraCC’s vision is “To plan and deliver in partnership an integrated transport system in the TraCC region that facilitates economic development, ensures access for all to services and opportunities, sustains and improves the quality of community life and respects the environment.” The RTP has ten priorities:

1. Reduce the demand for travel. 2. Minimise the impact of movement on the global and local environment and ensure the highest level of protection to European sites. 3. Improve safety and security for all transport users. 4. Improve accessibility to services, jobs and facilities for all sectors of society. 5. Improve the quality and integration of the public transport system, including the role of community transport. 6. Maintain and improve sustainable forms of transport. 7. Maintain and improve the existing highway and transport infrastructure. 8. Ensure travel and accessibility issues are properly integrated into land use decisions. 9. Improve the efficiency, reliability and connectivity of movement by all modes of transport within and between mid Wales and the other regions of Wales, and England.

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10. Deliver a co-ordinated and integrated travel and transport network through efficient partnership working.

8.2 Strategic Framework and Part One Justification

8.2.1 Part One of the UDP sets out strategic aims i) and m) and Strategic Policy UDP SP6, which are directly of relevance to transport.

8.2.2 Part One Strategic Policy SP6 Development and Transport aims to satisfy the travel needs of all groups within the County’s population whilst reducing the overall need to travel. The Council also sees transport as an important element in its objectives of promoting sustainable development and supporting rural communities. This is seen as especially important for boosting the area’s economic position in the Welsh economy by improving strategic communication links within and outside the County’s boundary. Therefore, through the Strategic Sustainable Settlement Hierarchy the Council aim to ensure that services and facilities are made accessible by a choice of transport and that existing journey distances are not increased as a result of allowing developments such as retail outlets to be located away from existing centres.

8.3 National Planning Policy and Guidance

8.3.1 Strategic Policy UDP6 and the Councils Strategic Sustainable Settlement Hierarchy are designed to complement the Welsh Assembly Government’s strategic approach to transport planning as set out in ‘The Wales Transport Strategy – One Wales: Connecting the Nation’ (2008), the ‘National Transport Plan’ (2010), which document sits alongside the RTPs in delivering ‘The Wales Transport Strategy’ and Planning Policy Wales (2002). This latter document encourages the integration of land uses and transport planning so that future development minimises the need to travel, promotes the use of a variety of transport modes, including walking and cycling, as well as increasing accessibility for non car users.

8.3.2 Further guidance is provided within Technical Advice Note 18 Transport, which contains advice on highway design, parking and traffic calming measures. To supplement this guidance, the Council has also produced an Design Guide for Industrial and Residential Infrastructure, which offers advice to developers on issues relating to highway standards and residential layouts. This guidance complements the relevant Highways policies contained in the General Development Policies Section of this Plan, and should then be read in conjunction with all land use proposals submitted to the Council.

8.4 The Highway Hierarchy

8.4.1 Powys contains more that 6,000 km of roads, of which 5,500km are surfaced and 430 km are trunk roads. Responsibility for constructing, managing and improving the highway network in Powys is divided. The Welsh Assembly Government (WAG) controls the Trunk Roads, which the County Council in partnership with Ceredigion County Council maintains through an agency agreement as the Mid Wales Trunk Road Agency (MWTRA). The Council is the Highway Authority for the remaining county road network. Developments that affect roads will require consultation with the appropriate Highway Authority and may be subject to direction from them. Within Powys, the surfaced road network is categorised according to a defined hierarchy as set out below.

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 Strategic Roads: These carry the bulk of through traffic, inter-county and intra-country long distance traffic and are essential to the development of the County’s major settlements. They are the most suitable routes for commercial and freight traffic and will form part of the regional strategic hierarchy.  Primary Roads: These provide county links between major settlements and to the strategic roads.  Distributor Roads: These serve as links between settlements and their service centres.  Local Roads: These serve to circulate traffic within an area.  Access Roads: These serve a limited number of properties, with minimal importance for the circulation of traffic.

Further definition of the last three categories is provided for development purposes within the County Council’s Design Guide.

8.4.2 This hierarchy enables the Council to achieve its wider transport objectives on roads and to direct traffic to those roads most appropriate to the journey being made. It also allows traffic management and other measures to be used to direct unnecessary traffic away from local roads, facilitating environmental enhancement in sensitive areas and improving safety for highway users. Managing and improving the road system in accordance with this principle of hierarchy and functions establishes a basis for the Council to control development on sites adjoining main traffic routes and for the creation of environmental areas free of all but local traffic.

8.5 Highway Improvement Schemes*

*Note: This section reflects the position in 2004. For a list of current highway improvement schemes, please refer to: The National Transport Plan, WAG March 2010 (for trunk road schemes) and the County Council’s annual Capital Programme (for county road schemes).

8.5.1 Accordingly, the following major improvements to the County Highway Network are proposed by the Council: Canal Road / Llanllwchaiarn Road, Newtown; Waterloo Road Link, Llandrindod. In addition to these, the Welsh Assembly Government in their Trunk Road Forward Programme 2002 has identified the following Trunk Road improvement schemes and where these are firmly programmed they are shown on the proposal inset maps:

 Repair and Upgrade Schemes (£1M+): A483 Esgairdraenllwyn Bends; A470 Christmas Pitch; A470 Ysgiog; A487 Pont ar Ddyfi; A458 Nant y Dugoed; A458 Garreg Bank – Middletown.  Technically ready for delivery before March 2005: Talgarth Relief Road.  Could be ready to proceed by March 2008: A470 Cwmbach – Newbridge, A470 Alltmawr, and A483 Four Crosses Relief Road.  Unlikely to proceed before April 2008: A470 Builth Wells; A470 Rhayader; A470 Llandinam; A483/A489 Newtown; A458 Buttington Cross – Middletown; A458 Sylfaen – Cyfronydd.  No ranking applied: A470 Commins Coch; A470 Llangurig – Wern Villa; A483 Brynsadwrn improvement.

8.5.2 Whilst the Council welcomes these schemes, it is however disappointed that many schemes in Powys are not being included in the earlier stages of the Welsh

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Assembly Governments Trunk Road Programme and that schemes at A470 Commins Coch, A470 Llangurig to Wern Villa, and, as previously mentioned, A483 Brynsadwrn, have now been “Put on Hold”. Consequently, the Council shall seek to negotiate with the Welsh Assembly Government on the possibility of reviewing this.

8.5.3 There is a difficult relationship between road building or improvement programmes and sustainability due to the fact that road building is shown to increase traffic. It is also the case that improved roads allow businesses to expand their operational areas, improve the speed of delivery, encourage services from elsewhere to bring their trade to the County, as well as allowing Powys’ residents the option of going further afield for the purchase of their services and products. Such factors can have both negative and positive impacts on the vitality and viability of existing service provision within Powys.

8.5.4 Consequently, the precise benefits of each scheme will be separately justified as it is brought forward for funding and implementation. Other highway schemes may be added to the Council’s programme during the Plan period, particularly arising from further consideration of evolving main employment and priority economic and community regeneration area strategies and action plans.

8.5.5 Once new road proposals have been firmly programmed for construction by the Welsh Assembly Government or the Council, and their route has been established, they will be identified on the UDP proposals map insets and the Council will ensure that routes are protected so that development proposals do not obstruct the identified route.

POLICY T1 - HIGHWAY IMPROVEMENT SCHEMES

THE COUNCIL WILL PROTECT PROGRAMMED ROUTES FROM DEVELOPMENT THAT WOULD OBSTRUCT THE UNDERTAKING OF THE PLANNED HIGHWAY IMPROVEMENT SCHEME, AS SHOWN ON THE INSET MAPS. SUPPORT WILL BE GIVEN TO OTHER IMPROVEMENT SCHEMES THAT COMPLY WITH THE POLICIES AND PROPOSALS IN THE PLAN AND BRING THE FOLLOWING LISTED BENEFITS:

1. THE SAFETY OF ALL ROAD USERS, ESPECIALLY PEDESTRIANS AND CYCLISTS; 2. PUBLIC TRANSPORT OPERATION; 3. THE LOCAL ENVIRONMENT; 4. MAINTAINING OR INCREASING EMPLOYMENT OPPORTUNITIES.

8.6 Traffic Management

8.6.1 It is now generally accepted that in urban areas the escalating problems of road traffic congestion and resulting air pollution cannot be effectively addressed through major road building. Government policy now seeks traffic reduction and this will be supported where appropriate, together with a commitment to provide a road network that reaches minimum standards. Rather than seeking to generally increase the overall capacity of the road network, which is inevitably absorbed by extra traffic, the development of an integrated approach to transport planning emphasises the efficient management of the existing road network and a greater use of traffic management solutions.

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8.6.2 As part of this new approach to traffic management, traffic management schemes are proposed annually by the Council as part of its Capital Programme. Other schemes have and will continue come forward in response to development proposals particularly in the County’s towns. The overall aim of these schemes will be to reduce traffic levels and flows within the town centres, develop the integration of transport modes and to increase the use of sustainable transportation. It is therefore the aim of the UDP transport policies to support the coordination of this wide range of traffic management measures that maximises the efficiency of the existing road system, including making provision for sustainable modes of transport, while improving road safety and local environmental quality.

8.6.3 The UDP also recognises the impact that such measures can have on the character of settlements and therefore encourages sensitive and innovative design solutions for utilising the County’s existing road network. Details of such solutions are provided in the Council’s Design Guide for Industrial and Residential Infrastructure.

POLICY T2 - TRAFFIC MANAGEMENT

SENSITIVELY DESIGNED TRAFFIC MANAGEMENT SCHEMES WILL BE APPROVED WHICH UTILISE THE EXISTING ROAD NETWORK AND IMPROVE OPPORTUNITIES TO PROMOTE PUBLIC TRANSPORT, WALKING, CYCLING AND HORSERIDING, IMPROVE ROAD SAFETY, REDUCE TRAFFIC CONGESTION AND IMPROVE THE LOCAL ENVIRONMENT IN ORDER TO REDUCE THE LEVEL OF UNNECESSARY ROAD TRAFFIC AND ITS ADVERSE IMPACT UPON THE ENVIRONMENT.

8.7 Transport Assessments and Travel Plans

8.7.1 In addition to access and parking considerations (See 8.9.3 below), development proposals should also take account of the wider implications that they have on transport and accessibility, such as the need to reduce traffic levels, integration with public transport and rights of way, linkages with neighbouring uses, community, recreation and retail facilities, and the provision of facilities to encourage walking and cycling. To achieve this, it is proposed that all planning application proposals that would generate significant traffic, such as offices, factories and supermarkets, are subjected to a Transport Assessment. Thresholds for triggering assessments are not defined because much will depend on the particular circumstances of a development proposal. The need for and scope of an assessment should be agreed with the Council as early as possible in the planning process. Applicants will be expected typically to collect and analyse information on traffic flows, accidents, bus routes and service frequencies, distance and access to bus and rail stops, as well as specific details on the proposal such as the number of trips to be generated, how the site is to be accessed by walkers, cyclists and other modes. In addition, applicants are referred to paragraph 3.3.4 of the plan and Policy GP2 which lists specific instances where planning obligations will be sought in relation to developments likely to generate significant volumes of traffic.

8.7.2 Where development briefs are prepared by the County Council, these will set out the requirements of the Council for providing satisfactory access and any transport facilities that developers will be expected to provide or contribute towards as part of the development. Such facilities may include the development of a Travel Plan (for larger developments) or participation in achieving the objectives of an existing Travel

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Plan. Travel Plans aim to reduce reliance on travel by private cars and promote alternative modes of transport. Where such plans are incorporated as part of the development, car-parking standards may be reduced. The Council will also encourage and advise existing employers, retail, leisure and education providers to develop travel plans to reduce dependence on the private car.

POLICY T3 - TRANSPORT ASSESSMENTS AND TRAVEL PLANS

PLANNING APPLICATIONS THAT ARE CONSIDERED TO GENERATE SIGNIFICANT AMOUNTS OF TRAVEL WILL ONLY BE APPROVED WHERE THEY INCLUDE A SATISFACTORY TRANSPORT ASSESSMENT AND A TRAVEL PLAN.

PROPOSALS THAT GENERATE SIGNIFICANT TRAVEL DEMANDS WILL ONLY BE PERMITTED WHERE ADEQUATE PUBLIC AND OTHER SUSTAINABLE FORMS OF TRANSPORT ARE INCORPORATED AS PART OF THE PROPOSAL AND ARE CONSISTENT WITH THE ROLE AND FUNCTION OF THE ROAD NETWORK.

8.8 Transport User Hierarchy

8.8.1 The integration of land use and transportation is central to the Sustainable Settlement Framework and the Regional Transport Plan. It is essential for the Council’s aims to ensure social inclusion and provide equality of opportunity for all members of the community. In particular, the disadvantaged (including people without access to a car, those with disabilities and the elderly) should have the same travel opportunities as those who benefit from having access to a car. Development proposals must give consideration to public transport provision and access. The Council will however not preclude development that serves local need where it is not possible to provide public transport, but will nevertheless seek to ensure that all types of development take account of non-car users.

8.8.2 It is important to ensure that pedestrian and cycle facilities are made as easy and convenient as possible to use and are considered at an early stage in designing the development and the Council will seek to ensure that all developments, highways and traffic schemes, make adequate provision for pedestrians and cyclists. To ensure this, the Council has identified a hierarchy of transport users, which gives priority to those forms of transport that are the most sustainable. By applying this hierarchy, new development will be required to take account of the needs of all transport users, so as to ensure that developments are safe and conveniently accessed by all.

POLICY T4 - TRANSPORT USER HIERARCHY

WHEN CONSIDERING DEVELOPMENT PROPOSALS THE COUNCIL WILL EXPECT THE LAYOUT AND DESIGN OF DEVELOPMENT PROPOSALS TO SENSITIVELY TAKE ACCOUNT OF THE NEEDS OF ALL TRANSPORT USERS FROM THE OUTSET AND IN THE FOLLOWING ORDER OF PRIORITY:

 PEDESTRIANS, THOSE WITH IMPAIRED MOBILITY AND EMERGENCY SERVICES  CYCLISTS  PUBLIC TRANSPORT, TAXIS, ESSENTIAL DELIVERIES  PRIVATE MOTOR VEHICLES

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8.9 Parking

8.9.1 Public Parking Facilities

8.9.2 The availability of a parking space at the end of a journey is a significant factor in influencing the decision to use a car and the inappropriate location or control of parking can lead to a higher demand for travel. Similarly, a shortfall in appropriate off-street parking can lead to congestion as car users are forced to park on the main highway. This may be the case for many small villages, where parking facilities are needed for community events and to encourage visitors to stop in the area in order to benefit the local economy. Consequently, it is important to balance the need with the regulation of parking to reduce car use and as a means of improving traffic flows, road safety and economic prosperity. In some instances the Council has identified suitable sites for public parking facilities and these are shown on the proposal map insets.

POLICY T5 - NEW PUBLIC PARKING FACILITIES

PROPOSALS FOR NEW PARKING FACILITIES AS PART OF AN INTEGRATED TRANSPORT STRATEGY FOR TOWNS AND VILLAGES WILL BE APPROVED WHERE THIS WOULD REDUCE CONGESTION, POLLUTION OR ACCIDENTS, LESSEN CONFLICT BETWEEN VEHICLES AND PEDESTRIANS, IMPROVE THE LOCAL ENVIRONMENT, OR WHERE IT IS VITAL TO THE LOCAL ECONOMY.

8.9.3 Parking Standards

8.9.4 Planning Policy Wales (2002) indicates that maximum parking standards should be adopted and that these parking standards reflect local transport provision. In keeping with this advice, the Council will generally seek to ensure that car parking provision is kept as low as possible commensurate with the developments needs, access to other means of travel and general highway and environmental considerations. The Council’s policy for Parking Standards is addressed in detail within the Generic Policies Chapter (Policy GP4) and further guidance is also provided within the Council’s Design Guide for Industrial and Residential Infrastructure.

8.10 Walking and Cycling

8.10.1 The Council places a high priority upon improving facilities generally for cyclists and pedestrians, and considers that both walking and cycling should be an integral part of a balanced transport system. In addition to being environmentally sustainable, cycling and walking are healthy, clean, cheap and available to a wider section of the community than cars or public transport. The ‘Safe Routes to Communities’ and former ‘Safe Routes to Schools projects’ are examples of how the Council can influence the prevalence of cycling and walking in Powys.

8.10.2 The landscape of Powys also attracts a large number of visitors who come to walk and cycle and the County contains long distance paths and cycle routes of national importance. Users make a considerable contribution towards the economy of the area. Consequently, the Council will seek to maximise opportunities for improving cycling and walking facilities as part of highway and traffic management schemes or new development proposals. Similarly, in accordance with The National Cycling Strategy, the Council shall in partnership with the private sector and voluntary groups work towards the promotion of cycling across Powys.

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POLICY T6 - WALKING AND CYCLING

PROPOSALS FOR THE IMPROVEMENT OF FACILITIES AND CONDITIONS FOR PEDESTRIANS AND CYCLISTS IN TERMS OF BOTH THE EXISTING TRANSPORT NETWORK AND IN RELATION TO NEW DEVELOPMENT WILL BE APPROVED

8.11 Footpaths, Bridleways and Public Rights of Way

8.11.1 The Council places great emphasis on a convenient system of pedestrian routes and bridleways through the County. In addition, the Council has a statutory duty to ensure that footpaths, bridleways and other public rights of way remain open for public usage and part of the highway network of Powys. There is a total length of 10,000 Kms of footpaths, bridleways and other rights of way across Powys. As well as providing access for residents, the footpath network allows access to the wider countryside and is used extensively by visitors. Given their importance as a recreational facility, a policy relating to Public Rights of Way is provided by Policy RL6 of the Recreation and Leisure Chapter. In addition to this the network has its own hierarchy and policies for its management and development which are contained in the County Council’s Rights of Way Strategy.

8.12 Community Transport

8.12.1 Within the more remote parts of Powys, where traditional bus-based transport may not provide a viable solution, less conventional public transport modes often provide the best way of meeting local needs. Community Transport (CT) can also assist disadvantaged groups such as the elderly or disabled who may find it difficult to access public transport or use a car. Many community car and taxi schemes, dial-a-ride services and a pool of community minibuses have been promoted and financed by the Council and can provide a realistic alternative to the car. Support for such projects has been provided through the Powys Community Transport Forum, which has helped to develop a partnership between the Council and voluntary organisations. As a result of this work, it is estimated that the majority of communities in Powys have access to community transport. Consequently, through the UDP, Regional Transport Plan and Bus Strategy, the Council will continue to support these initiatives.

POLICY T7 - COMMUNITY TRANSPORT INITIATIVES

DEVELOPMENT PROPOSALS FOR COMMUNITY TRANSPORT INITIATIVES WILL BE APPROVED WHERE THEY PROVIDE ACCESSIBLE PUBLIC TRANSPORT.

8.13 Buses

8.13.1 There is an extensive bus network operating in Powys and it provides a vital service for the community, carrying over 500,000 passengers a year. In some more isolated areas, services may be operated by post buses (Royal Mail minibuses or cars which also provide a passenger service) or taxis. The population density in Powys means that patronage tends to be low though this does not diminish the importance of public transport to those who need to travel.

8.13.2 In order to promote public transport as an alternative to the car, the Council believes it is necessary to ensure that new developments, particularly those generating or attracting large numbers of trips, are located in areas well served by existing or proposed bus services. Access to public transport should be

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8.13.3 Similarly, providing a reliable, regular and easily accessible bus service is also important to both increase the mobility of those people without the use of a car and to increase the number of people who choose to use public transport as an alternative means of travelling. Therefore, it is the aim of the UDP to ensure, where practical that future development incorporates public transport provision that can provide a convenient alternative to the private car.

8.13.4 This can be achieved by designing new developments that promote bus use. It is accepted that 400 metres is about the furthest distance people will walk to and from a bus stop. In higher density developments, maximum distances of between 250- 400 metres may be more appropriate. Good pedestrian access to bus stops includes meeting the needs of those with impaired mobility. The Council may seek to enter into a planning obligation in order to secure improvements or a financial contribution towards improvements to public transport services.

POLICY T8 - BUS PROVISION

PROPOSALS FOR ALL DEVELOPMENTS SHOULD BE DESIGNED TO ACCORD WITH LOCAL AND REGIONAL BUS STRATEGIES AND TO MEET THE NEEDS OF PUBLIC TRANSPORT OPERATIONS AND USERS. SPECIAL CONSIDERATION MUST BE GIVEN TO THE PROVISION AND SUPPORT OF PUBLIC TRANSPORT SERVICES IN PLANNING NEW DEVELOPMENT INCLUDING:

 DESIGNS AND LAYOUTS WHICH MAXIMISE BUS USE BY PROVIDING FOR DIRECT, CONVENIENT AND SAFE BUS ROUTES, AND  SAFE PEDESTRIAN ACCESS TO BUS STOPS, WITH DEVELOPMENT LOCATED NO MORE THAN 400M FROM A BUS STOP, AND  WHERE APPROPRIATE THE PROVISION BUS PRIORITY MEASURES, SUCH AS BUS GATES, ADEQUATE BUS WAITING AND TURNING FACILITIES.

8.14 Taxis and Private Hire Cars

8.14.1 Taxis are a form of public transport in rural areas and play an important role in providing mobility on demand directly to and from any location, for example shopping centres, railway stations and transport interchanges. The Council is also the Licensing Authority and acknowledges that the location and operation of taxi ranks/offices should not adversely affect the environment or lead to unnecessary inconvenience/disturbance to neighbours.

POLICY T9 - TAXIS AND PRIVATE HIRE CARS

THE COUNCIL WILL PERMIT TAXI RANKS AND/OR PRIVATE HIRE OPERATING CENTRES WHERE IT CAN BE SHOWN THAT BENEFITS WILL ACCRUE TO THE USER/PASSENGER, AND WHERE THE PROPOSAL DOES NOT CONFLICT WITH OTHER UDP POLICIES OR LEAD TO ANY UNACCEPTABLE PLANNING, HIGHWAY, SERVICE, ENVIRONMENTAL OR AMENITY PROBLEMS

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8.15 Rail

8.15.1 The principal rail services in Powys are the Cambrian main line, which links the Midlands and Shrewsbury to Aberystwyth together with the Cambrian Coast line running between Machynlleth and Pwllheli, and the Heart of Wales Line that links Shrewsbury to Swansea via Llanelli.

8.15.2 The Regional Transport Plan has highlighted the need for continuing investment in the railways in the region, particularly in relation to service frequency and quality and at interchanges for better access, parking facilities, waiting areas and lighting. Consequently, the Council sees the improvement and enhancement of the rail services as an important element in attracting an increase in the use of rail in Powys and in providing an integrated transport network. As such it will support public transport related infrastructure schemes and oppose any proposals leading to the decline or the loss of rail services. Any developments adjacent to the railway network should be compatible with and not adversely affect railway operations.

POLICY T10 - RAIL FACILITIES AND OPERATIONS

PROPOSALS FOR THE ENHANCEMENT OF RAIL FACILITIES AT STATIONS AND HALTS THAT ENABLE INCREASED ACCESSIBILITY FOR PEDESTRIANS, WHEELCHAIR/PUSHCHAIR USERS AND CYCLISTS WILL BE APPROVED.

PROPOSALS THAT WOULD COMPROMISE THE FUTURE OPERATION OF RAILWAYS IN POWYS OR LEAD TO AN UNACCEPTABLE DECLINE IN THE STANDARD OF FACILITIES WILL BE REFUSED.

8.16 Freight Interchanges

8.16.1 The Council recognises the importance of freight movement for the economy and the competitiveness of local business. However, the movement of freight by lorry can create problems of noise, vibration and visual intrusion, as well as having an adverse impact on the road network and the environment. Consequently, the transfer of freight to the railways provides an alternative to lorry movements and as such the Council encourage commercial developments such as manufacturing or delivery services to take advantage of the opportunity to develop road to rail freight interchanges. Ideally, facilities should be located on business parks or industrial estates adjacent to railway lines.

POLICY T11 - ROAD AND RAIL FREIGHT INTERCHANGES

NEW ROAD-RAIL FREIGHT INTERCHANGE FACILITIES WILL BE APPROVED ON APPROPRIATE SITES INCLUDING EXISTING INDUSTRIAL COMMERCIAL SITES AND ALLOCATED BUSINESS SITES ADJACENT TO RAILWAY LINES PROVIDING THEY DO NOT HAVE AN UNACCEPTABLE IMPACT ON THE LOCAL ENVIRONMENT OR ON EXISTING OR PROPOSED PASSENGER SERVICES.

8.17 Passenger Transport Interchanges

8.17.1 Many journeys by public transport often include the use of more than one type of transport, particularly on longer journeys. It is therefore essential to provide an interchange of quality for public transport to compete with the convenience of the car. Small-scale improvements such as passenger information and co-ordination between modes can make a real difference at interchanges. Consequently, the Council

Transport 125 Powys County Council UDP 2001-2016 Adopted March 2010 ______encourages development proposals that are designed to improve the connection between different travel modes, including public to private transport. Such measures include improved rail users’ parking facilities, pedestrian access, and the provision of cycle parking, bus stops and taxi ranks.

POLICY T12 - TRANSPORT INTERCHANGES

PROPOSALS TO IMPROVE PUBLIC TRANSPORT INTERCHANGE FACILITIES WILL BE APPROVED PARTICULARLY, WITH REGARD TO SERVICE INFORMATION, CYCLE PARKING, VEHICULAR PARKING, TAXI RANKS, BUS AND PEDESTRIAN LINKS, SAFETY / SECURITY, ACCESS FOR PEOPLE WITH MOBILITY DIFFICULTIES AND ENVIRONMENTAL IMPROVEMENTS.

8.18 The Montgomeryshire Airport

8.18.1 Powys has a single airport, the Montgomeryshire Airport, located to the south of Welshpool and it has played an important part in attracting major investment and employment growth to the area. Having an airport provides the County with significant economic advantages by extending the economic opportunities beyond those available by road or rail links. Therefore, the Council seeks to promote the development of transport at the Montgomeryshire Airport, to the benefit of the local economy.

8.18.2 However, in promoting the airport, the Council is aware of the need for any proposals to take account of the amenity of local residents and the surrounding environment. Therefore, the Council will seek to carefully balance the merits of development proposals aimed at securing the long-term viability of the airport with the need to control activities such as flight training and recreational flights. Any adverse impact proposals may have on the area, as well as other development proposals located near the airport, will need to be taken into consideration.

POLICY T13 - MONTGOMERYSHIRE AIRPORT

APPROPRIATE PROPOSALS FOR THE DEVELOPMENT OF THE MONTGOMERYSHIRE AIRPORT PARTICULARLY IN RELATION TO IMPROVING AIRPORT SAFETY AND INCREASING BUSINESS AND TOURIST USE WILL BE APPROVED. PROPOSALS DESIGNED TO EXPAND FLIGHT TRAINING OPERATIONS THAT WOULD HAVE A SIGNIFICANTLY DETRIMENTAL IMPACT ON NEARBY RESIDENTIAL AMENITIES WILL BE OPPOSED.

IN SAFEGUARDING THE FUTURE DEVELOPMENT OF THE AIRPORT, DEVELOPMENT PROPOSALS THAT WOULD BE DETRIMENTAL TO AIRCRAFT SAFETY WILL BE REFUSED. DUE REGARD WILL BE GIVEN TO THE IMPACT ON THE FLOODPLAIN OF ANY DEVELOPMENT PROPOSALS.

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9: Tourism

9.1 Introduction

9.1.1 The beauty and variety of the Powys countryside, combined with its history and culture, create an area of great attractiveness for the tourist. Tourism is an important component of the rural economy and can help to provide new jobs at a time when employment is being lost in other sectors. Income from the tourism industry is often essential to the maintenance of the services and facilities on which local communities depend. A measure of its value to the economy can be gleaned from the fact that the former Wales Tourist Board estimated that tourism accounts for 7% of Wales’ gross domestic product, contributing over £6m a day to the economy, with 100,000 jobs being tourism related.

9.1.2 In the year 2002, the tourist industry in Powys was worth an estimated £208m to the economy and generated about 6,094 jobs. Therefore, the development of the local tourism industry and related facilities are clearly major considerations. However, many of the assets and features that act as attractions to the tourist in Powys are fragile and generally finite, non-renewable resources. As a result, it is important that future development should be undertaken in a sustainable manner, reconciled with the need to conserve the area’s natural and built heritage. Otherwise those resources, which are in themselves the attraction, will be lost.

9.1.3 The Council is keen to encourage “green tourism” which is sensitive to the natural and cultural assets of the area and which promotes more sustainable activities such as walking, cycling and outdoor pursuits. As a result there is an overlap between this chapter and the recreation and leisure policies in the plan. Several related issues such as outdoor activity and trekking centres and rights of way are therefore the subjects of policies in the recreation and leisure chapter.

9.2 Strategic Framework and Part One Justification

9.2. 1 The importance of tourism to the local economy has already been explained and it is therefore desirable to support appropriate tourism related developments in principle. In order to make Powys an attractive tourist destination, improvements to facilities will be necessary and, wherever possible, new facilities should also be made available for use by local residents as a contribution towards sustaining community life. It is important that new developments are themselves sustainable, acceptable in scale and appearance to the locality and safeguarding the environment. The strategic policy SP8 and aims a), b), c) and g) in Part One of the Plan are intended to be in accordance with the Welsh Assembly Government’s objectives for tourism contained in Planning Policy Wales as outlined below.

9.3 National Planning Policy and Guidance

9.3.1 The Welsh Assembly Government’s guidance on tourism is set out in Planning Policy Wales, March 2002, and is supplemented by Technical Advice Note 13, Tourism, October 1997. Planning Policy Wales explains that the Assembly Government’s objectives for tourism are:

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 To encourage sustainable tourism in Wales, maximising its economic and employment benefits, promoting tourism in all seasons, and encouraging its development in non-traditional destinations, while safeguarding the environment, and the interests of local communities; and  To manage change in the tourism sector in ways which respect the integrity of the natural, built and cultural environment to provide for economic growth, employment and environmental conservation.

9.4 Regional Tourism Strategy

9.4.1 The Mid Wales Partnership produced a tourism strategy for the period 1999 - 2008 entitled “Tourism for Mid Wales: Naturally Different”. The strategy aimed to develop a dynamic and competitive tourism industry for Mid Wales that would fulfil its potential in contributing to the region’s economy and sustaining its communities, culture and environment.

9.4.2 Further growth in the tourism industry is proposed by reducing the loss of the region’s share of main holidays, maintaining growth in the additional holiday market, increasing short breaks and business from overseas. Key objectives include:

 Improvement of the region’s awareness and image.  Growth in occupancy in all accommodation types.  Achievement of development that is sustainable in economic, cultural and environmental terms.

9.4.3 It is against the background of this strategy and Welsh Assembly Government policy and guidance that the tourism policies of this UDP have been prepared.

9.5 Tourism Developments

9.5.1 New tourism developments are welcomed in principle because of the contribution that they make to the local economy. However, the Council seeks to ensure that developments are sustainable and respect the character of the Powys landscape, natural environment, history and culture. In particular, 'green' tourism developments which make use of the existing natural and cultural resources of the area but which are sensitive to the need to sustain those resources are supported. There are many other considerations, which have to be taken into account if the proposals are to prove acceptable in detail and all tourism developments will need to comply with the following policy to be deemed appropriate.

9.5.2 It is important that tourism development proposals are acceptable in scale and appearance and sympathetic to the environment, residents and local communities. Inappropriate developments would detract from the very attractiveness of the area for tourists and it is important that communities realise the economic benefits of tourism developments without suffering unacceptable adverse effects. New developments would be more sustainable where they can be accessed by a choice of modes of travel including foot, cycle and public transport and if they are able to make use of existing buildings or brownfield land. They also need to be appropriately designed, landscaped and serviced if they are to be acceptable.

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POLICY TR1 - NEW TOURISM DEVELOPMENTS

PROPOSALS TO DEVELOP NEW TOURISM ATTRACTIONS OR FACILITIES, OR TO EXTEND, IMPROVE AND ENHANCE EXISTING FACILITIES, WILL BE PERMITTED WHERE THEY COMPLY WITH THE FOLLOWING CRITERIA:

1. THE DEVELOPMENT SHOULD NOT HAVE AN UNACCEPTABLE ADVERSE EFFECT UPON THE CHARACTER AND APPEARANCE OF THE AREA OR THE SOCIAL AND CULTURAL FABRIC OF THE LOCAL COMMUNITY. 2. PROPOSALS SHOULD NOT HAVE AN UNACCEPTABLE ADVERSE EFFECT UPON THE ENVIRONMENT, THE AMENITIES OF RESIDENTS OR LEAD TO THE OVER-USE OF COMMUNITY FACILITIES AS A RESULT OF INCREASED VISITOR PRESSURE. 3. WHEREVER POSSIBLE, PROPOSALS SHOULD UTILISE AN EXISTING BUILDING OR PREVIOUSLY DEVELOPED OR DISUSED “BROWNFIELD” LAND. 4. WHEREVER POSSIBLE THE DEVELOPMENT SHOULD BE ACCESSIBLE BY A CHOICE OF MEANS OF TRAVEL INCLUDING FOOT, CYCLE AND PUBLIC TRANSPORT. THE PROPOSAL SHOULD NOT BE DETRIMENTAL TO HIGHWAY SAFETY AND APPROACH ROADS TO THE SITE SHOULD BE OF ADEQUATE QUALITY TO ACCOMMODATE ANY ADDITIONAL TRAFFIC LIKELY TO BE GENERATED BY THE DEVELOPMENT.

9.6 Tourist Attractions and Development Areas

9.6.1 Powys boasts many major tourist attractions and their popularity with visitors is reflected in the significant contribution that they make to the local economy. Some of the main existing attractions include the Centre for Alternative Technology, Gigrin Farm Red Kite Centre, the Judge’s Lodgings, Powis Castle, Welshpool and Llanfair Light Railway and the Welsh Royal Crystal Visitor Centre. It is clearly desirable that any sensitively planned proposals for the development or improvement of these attractions should be supported in principle and that their settings should be safeguarded. New attractions also have a part to play in helping to divert tourist pressure from environmentally and culturally sensitive areas and in contributing to the growth of the tourism industry. Therefore proposals for new attractions and the upgrading of existing attractions will normally be supported where they would blend satisfactorily into the environment and bring further economic benefits.

9.6.2 Many proposals for developing tourist attractions and facilities are being pursued by the various community partnerships that have been established in Powys to, amongst other things, facilitate the economic regeneration of their areas. Also, the restoration of the Montgomery Canal and associated developments is a major opportunity, which is the subject of specific policies later in this chapter. However, there are several other possible projects, which deserve a special mention because of the scope that they offer for the development of tourist attractions and facilities and locations where new tourism developments may be particularly appropriate: a) Central Powys Tourism Growth Area: The former Wales Tourist Board identified the central part of Powys including the towns of Builth Wells, Llandrindod Wells, Llanwrtyd Wells and Rhayader as a tourism growth area. There is the opportunity for tourism developments related to the outdoor activities theme including cycling, walking and pony trekking and the wildlife of the area including the rare Red Kite. There is also the potential for “health” tourism based on the Spa Town heritage and

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for conference related developments. The latter is especially the case in Llandrindod Wells, which is centrally placed between south and north Wales and has a variety of venues including its hotels, the Pavilion and County Hall. b) Dyfi Valley Tourism Growth Area: The Dyfi valley was also identified by the former Wales Tourist Board as a tourism growth area. The growth area is administered by a sub-group of the Dyfi Eco Valley Partnership and an Action Plan has been agreed including a range of specific activities and capital projects. The action plan has adopted sustainable principles and is aimed at developing “green” eco-tourism initiatives such as improved countryside access, cycling facilities and environmental interpretation. c) Dyfnant Forest/Lake Vyrnwy: Tourism is seen as one of the sectors offering scope for new job creation in this area that has suffered from decline in employment on the Severn Trent Water estate. Some facilities have already been established including an expanded visitor centre, a car park and picnic area, a sculpture trail and craft workshops in converted estate buildings. The woodlands adjoining Lake Vyrnwy and the Dyfnant Forest both offer opportunities for cabin sites including holiday village development of the kind referred to later in this chapter. Proposals for a National Wood Sculpture Centre are also under consideration. d) Hafren Forest/Llyn Clywedog: Opportunities exist for the development of high quality forest cabin schemes in the vicinity of Llyn Clywedog and there is also scope for holiday village development in Hafren Forest. The Source of the Severn walk has been developed and there are opportunities for other tourist facilities such as a visitor centre, picnic areas and additional walks to be established. e) Leighton Estate: Powys County Council owns the estate and previous studies have revealed the opportunity to establish a visitor attraction and museum related primarily to the agricultural heritage of the area and based at the Leighton Centre farm buildings complex. In addition to this there would be opportunities for outdoor recreation in the form of picnic sites, nature trails and farm trails and to link in existing features of the estate such as the redwood grove. f) Llanymynech Heritage Area: The former limekilns and quarry at Llanymynech, which straddles the border with Shropshire, have been identified as having potential for restoration, enhancement and tourism related developments. Restoration and safety works on the kiln and chimney have already been carried out and some way marked paths and information boards provided. This first stage of the project would see the establishment of a Country Park with facilities for informal recreation, part of which would be within Montgomeryshire. Other developments could follow mostly on the Shropshire side of the border, which would be likely to be related to the restoration works on the adjoining Montgomery Canal. These later stages could include the full restoration of the kilns, provision of a visitor centre, canal boat trips, a holiday village and a pub/restaurant on site. Any proposals in the vicinity of the quarry would need to take account of its sensitivity for nature conservation reasons as it is a designated site of special scientific interest and it is a nature reserve jointly managed by the Montgomeryshire Wildlife Trust and the Shropshire Wildlife Trust.

POLICY TR2 - TOURIST ATTRACTIONS AND DEVELOPMENT AREAS

PROPOSALS FOR THE APPROPRIATE UPGRADING OF EXISTING ATTRACTIONS OR THE CREATION OF SUITABLE NEW ATTRACTIONS WILL BE

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APPROVED. IN PARTICULAR, PROPOSALS FOR APPROPRIATE TOURISM DEVELOPMENTS WILL BE APPROVED AT THE FOLLOWING LOCATIONS:

 CENTRAL POWYS TOURISM GROWTH AREA  DYFI VALLEY TOURISM GROWTH AREA  DYFNANT FOREST AND LAKE VYRNWY  HAFREN FOREST AND LLYN CLYWEDOG  LEIGHTON ESTATE  LLANYMYNECH HERITAGE AREA

DEVELOPMENT OF ANY KIND, WHICH WOULD HAVE AN UNACCEPTABLE ADVERSE EFFECT UPON THE ENVIRONMENTAL SETTING OF ESTABLISHED TOURIST ATTRACTIONS, WILL BE OPPOSED.

9.7 Serviced Visitor Accommodation

9.7.1 Serviced visitor accommodation is a particularly valuable part of the tourism industry accounting for nearly 40% of total tourism revenue in Powys in the year 2000. Also this sector offers greater scope for the creation of full time jobs and for initiatives to extend the length of the holiday season than other forms of accommodation. The bed-spaces are spread across a variety of accommodation types including hotels, inns, guesthouses, bed and breakfast establishments and farmhouse accommodation.

9.7.2 Whilst the greater economic benefits arising from serviced accommodation suggest that the sector deserves encouragement, existing accommodation is not used to capacity. The Mid Wales Partnership tourism strategy for 1999-2008 therefore suggested that new developments should only be encouraged where market demand can be demonstrated. For example, some may be related to the tourist development opportunities referred to in the previous section and the need for hotel accommodation to cater for the business market especially in the Newtown area has also been identified.

9.7.3 Therefore, whilst new developments may be acceptable within settlement limits, they will only be approved in limited circumstances outside settlements in order to safeguard the character of the rural landscape and the environment in general. Proposals for development outside identified settlements will need to have particular regard to Policy GP6. Appropriate developments associated with existing tourist facilities and the reasonable extension of existing accommodation will, however, be approved. Similarly proposals related to the special tourism opportunities that would arise from the restoration of the Montgomery Canal may also be acceptable. Otherwise, where there is the market demand for new accommodation outside settlements it is considered that it would be more sustainable if use were made of appropriate existing large residential or similar buildings.

POLICY TR3 - SERVICED VISITOR ACCOMMODATION

A. PROPOSALS TO DEVELOP NEW SERVICED VISITOR ACCOMMODATION OR CONVERT EXISTING BUILDINGS TO SUCH ACCOMMODATION WILL BE PERMITTED WITHIN A SETTLEMENT’S DEVELOPMENT LIMITS. B. OUTSIDE SETTLEMENT DEVELOPMENT LIMITS, NEW SERVICED VISITOR ACCOMMODATION PROPOSALS WILL ONLY BE PERMITTED WHERE THEY WOULD COMPLY WITH THE FOLLOWING CRITERIA: 1. THE DEVELOPMENT WOULD BE PROVIDED IN ASSOCIATION WITH AN EXISTING TOURIST FACILITY, OR

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2. THE PROPOSALS WOULD INVOLVE THE CONVERSION OF LARGE RESIDENTIAL OR SIMILAR BUILDINGS IN THE COUNTRYSIDE AND WHERE THEY WOULD BE APPROPRIATE TO THE CHARACTER OF THE PROPERTY AND ITS SETTING, INCLUDING FEATURES OF HISTORIC, ARCHITECTURAL OR ARCHAEOLOGICAL INTEREST, OR 3. THEY ARE RELATED TO PROPOSALS FOR THE RESTORATION OF THE MONTGOMERY CANAL OR ITS USE AS A CRUISING WATERWAY.

C. APPROPRIATE EXTENSIONS TO EXISTING SERVICED VISITOR ACCOMMODATION WILL ALSO BE APPROVED.

9.7.4 The value of serviced visitor accommodation to the tourism industry has already been explained and existing hotels within and adjacent to towns in Powys make an important contribution to both the local tourism and business economies. Proposals for the redevelopment or change of use of such hotels can be detrimental to the local economy, to efforts for the development of the tourism industry and wider employment opportunities and to proposals for the regeneration of towns and communities.

9.7.5 Consequently, in considering applications which would result in the loss of a hotel within or adjacent to an Area Centre, the Council will need to be satisfied that all practicable and reasonable attempts have been made to secure its future as a hotel. This should include adequate attempts to sell and market the premises as a hotel and giving consideration to diversifying the business base into other income streams in order to support the hotel use.

POLICY TR3A – EXISTING HOTELS

DEVELOPMENT PROPOSALS THAT WOULD RESULT IN THE LOSS OF AN EXISTING HOTEL WITHIN OR ADJACENT TO AN AREA CENTRE BY REDEVELOPMENT OR CHANGE OF USE WILL ONLY BE PERMITTED WHERE THE LOCAL AUTHORITY IS SATISFIED THAT:

1. THE PREMISES HAVE BEEN FOR SALE OR VACANT FOR A PROLONGED PERIOD AND GENUINE ATTEMPTS AT MARKETING THE EXISTING USE DURING THAT TIME HAVE BEEN UNSUCCESSFUL.

2. THAT OTHER SOLUTIONS TO SUPPORT THE LONG-TERM ECONOMIC VIABILITY OF THE BUSINESS HAVE BEEN ADEQUATELY EXPLORED INCLUDING THE DIVERSIFICATION OF THE BUSINESS TO INCLUDE OTHER USES IN ORDER TO ENABLE THE MAIN HOTEL USE TO CONTINUE.

9.8 Self-Catering Accommodation and Farm Tourism

9.8.1 The vast majority of self-catering accommodation is in the form of caravans, chalet or cabin developments which are discussed in detail later in this chapter. However, there are other such establishments including cottages, converted barns and farmhouses, which contribute to the local economy.

9.8.2 Self-catering accommodation can provide significant economic benefits locally but it is believed that such developments should not normally be allowed to occupy sites allocated for residential use or buildings capable of conversion to permanent residential use. These development opportunities should be reserved, for example, to help to meet local housing needs, rather than provide visitor accommodation, which will inevitably remain vacant for part of the year. Exceptions to

Tourism 132 Powys County Council UDP 2001-2016 Adopted March 2010 ______this general rule could arise in the case of sites already in tourist use, such as a hotel site, where the provision of supplementary self-catering accommodation may well make good sense or on sites unsuitable for permanent residential development. The situations in which permanent residential development would be acceptable and the standard of accommodation required vary from those for visitor accommodation. Consequently a condition will be imposed on any planning permission for self-catering visitor accommodation to ensure that it does not become in permanent residential use and continues to contribute to the local economy.

9.8.3 Agriculture is experiencing considerable change at present with the shift in the pattern of Government and E.U. support for the industry and a general decline in farm incomes. Farm tourism offers one means of earning valuable supplementary income through the use of resources, which may be currently underused. This can mean the difference between survival and closure for established farming businesses and can therefore help to bolster community life in rural areas. New self-catering visitor accommodation as part of a diversification scheme will therefore normally be supported where it can be provided close to an existing farmhouse to avoid undue impact on the countryside. A planning obligation will be sought to tie the accommodation to the farm unit so that tourist income will continue to support that enterprise.

POLICY TR4 - SELF-CATERING VISITOR ACCOMMODATION

A) PROPOSALS TO DEVELOP NEW SELF CATERING VISITOR ACCOMMODATION COMPLYING WITH UDP POLICY TR1 WILL BE PERMITTED WITHIN A SETTLEMENT’S DEVELOPMENT LIMITS WHERE THEY WOULD COMPLY WITH THE FOLLOWING CRITERIA:

1. THEY WOULD NOT USE SITES ALLOCATED, OR WITH PLANNING PERMISSION FOR RESIDENTIAL USE; 2. THEY WOULD UTILISE AN EXISTING BUILDING NOT SUITABLE FOR PERMANENT RESIDENTIAL USE, OR 3. THE DEVELOPMENT WOULD LIE WITHIN THE CURTILAGE OF EXISTING VISITOR ACCOMMODATION.

B) OUTSIDE SETTLEMENT DEVELOPMENT LIMITS, PROPOSALS WILL ONLY BE PERMITTED WHERE THEY WOULD COMPLY WITH THE FOLLOWING CRITERIA:

1. THEY WOULD UTILISE AN EXISTING BUILDING NOT SUITABLE FOR PERMANENT RESIDENTIAL USE, OR 2. THE DEVELOPMENT WOULD BE PROVIDED IN ASSOCIATION WITH AN EXISTING TOURIST FACILITY, OR 3. THEY WOULD ADJOIN A FARMHOUSE AND BE PART OF A DIVERSIFICATION SCHEME AIMED AT ENABLING THE OPERATION OF AN EXISTING FARM TO CONTINUE.

C) ALL SELF-CATERING VISITOR ACCOMMODATION SHOULD NOT BE USED FOR PERMANENT RESIDENCY AND ANY GRANT OF PLANNING PERMISSION SHALL BE SUBJECT TO A HOLIDAY OCCUPANCY CONDITION. WHERE THE DEVELOPMENT RELATES TO A DIVERSIFICATION PROPOSAL, A PLANNING OBLIGATION WILL BE SOUGHT TO ENSURE THAT THE VISITOR ACCOMMODATION REMAINS PART OF THAT FARM UNIT.

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9.8.4 Planning Policy Wales encourages the diversification of farm enterprises and other parts of the rural economy into tourist, sport, recreation and leisure uses, subject to adequate safeguards for the character and appearance of the countryside, particularly its landscape, biodiversity and local amenity value. As well as visitor accommodation, other tourism and leisure based development proposals may be forthcoming on working farms in Powys. These could include rare breed centres or small-scale recreational developments related to fishing, nature trails, pony trekking or mountain biking, for example. Such developments may be acceptable where they form part of an overall diversification scheme.

POLICY TR5 - FARM TOURISM

PROPOSALS FOR FARM TOURISM AND RECREATIONAL DEVELOPMENTS COMPLYING WITH UDP POLICY TR1 WILL BE APPROVED WHERE THEY FORM PART OF A DIVERSIFICATION SCHEME

9.9 Caravans, Chalets and Camping

9.9.1 Holiday Static Caravans Sites

9.9.2 Caravans, chalet and cabin developments and campsites provide a popular form of visitor accommodation in Powys. Although they do contribute to the tourism economy, they can impact on the landscape according to the type of accommodation, its design and location. Static caravan sites in particular can be visually intrusive and proposals for new sites need careful consideration.

9.9.3 Inevitably, static caravans are somewhat alien features in the landscape and large sites can be particularly obtrusive. In view of this and the existing scale of provision, the following policy only supports new sites where they relate to a farm diversification scheme in order to contribute to enabling a farming enterprise to continue in operation but also allows for appropriate extensions to existing sites.

9.9.4 Caravan site operators are, however, becoming more conscious of the need to develop high quality sites to meet rising tourist expectations. Sites of this kind, which incorporate a low development density, informal layouts, substantial landscaping and high quality and sensitively coloured caravans, can blend more satisfactorily into the landscape, providing the location is well chosen. The developers of this kind of site believe that static caravans will continue to provide a popular source of relatively inexpensive visitor accommodation and thereby continue to attract extra tourist expenditure to the area.

9.9.5 Consequently, suitable new static caravan sites of an acceptable scale and location that are part of a diversification scheme or extensions to existing high quality sites or those that are being upgraded will be permitted. A planning obligation will be sought for new sites to ensure that they remain tied to the farm unit. For new or extended sites to be acceptable, they would have to meet a number of strict criteria in order to safeguard the environment.

9.9.6 Whilst an informal layout, low density and substantial landscaping will do much to improve the internal and external appearance of static caravan sites, the shape and external materials of caravans will always introduce a discordant element into the local landscape. This impact can be substantially reduced if caravans are finished in subdued colours and a condition will be attached to any planning permission to require this. Whilst many caravan sites are inconspicuous in summer,

Tourism 134 Powys County Council UDP 2001-2016 Adopted March 2010 ______they frequently become conspicuous in winter when the screening effect of deciduous trees is lost. In any event, even a permanently well screened site should be developed using external materials of appropriate colours which create a pleasing local environment for its temporary residents, just as appropriate external materials are required within inconspicuous housing developments in the interests of local inhabitants.

9.9.7 The situations where permanent residential development would be acceptable vary from those where caravan sites may be permitted. Consequently a condition will be imposed on any planning permission for static caravan sites to ensure that they do not become in permanent residential use but continue to contribute to the local tourism economy.

POLICY TR6 - HOLIDAY STATIC CARAVAN SITES

A) PROPOSALS FOR THE DEVELOPMENT OF NEW HOLIDAY STATIC CARAVAN SITES WILL BE PERMITTED WHERE THEY ARE PART OF A FARM DIVERSIFICATION SCHEME CONTRIBUTING TO THE LOCAL ECONOMY AND THEY COMPLY WITH THE CRITERIA LISTED BELOW: 1. THE DEVELOPMENT WOULD OCCUPY AN INCONSPICUOUS SITE, INCORPORATE SENSITIVE LANDSCAPING AND BE OF MODEST SCALE AND ACCEPTABLE DESIGN, SUCH THAT THE DEVELOPMENT WOULD NOT DETRACT FROM THE OVERALL CHARACTER AND APPEARANCE OF THE AREA. 2. THE DEVELOPMENT WOULD NOT BE USED FOR PERMANENT RESIDENCY. 3. THE COUNCIL WILL SEEK A PLANNING OBLIGATION TO ENSURE THAT THE CARAVAN SITE REMAINS PART OF THAT FARM UNIT.

B) EXTENSIONS TO EXISTING HIGH QUALITY HOLIDAY STATIC CARAVAN SITES AND TO OTHER SITES WHERE THEY ARE ASSOCIATED WITH PROPOSALS TO UPGRADE THE QUALITY OF THEIR ENVIRONMENT, LANDSCAPING AND FACILITIES, WILL BE PERMITTED IF THEY WOULD COMPLY WITH THE CRITERIA IN SECTION (A) OF THIS POLICY. IN THIS CONTEXT CRITERION 4 IN SECTION (A) WILL APPLY ONLY TO EXTENSIONS TO THOSE SITES WHICH ARE PART OF A FARM UNIT.

C) CONDITIONS WILL BE IMPOSED ON ANY PERMISSION TO REQUIRE THAT ALL CARAVANS ARE FINISHED IN A COLOUR OR COMBINATION OF COLOURS APPROVED BY THE COUNCIL AND TO ENSURE THAT THEY ARE NOT USED FOR PERMANENT RESIDENTIAL ACCOMMODATION.

9.10 Touring Caravan and Camping Sites

9.10.1 There is also a demand for facilities to cater for touring caravans and there may be opportunities for the modest expansion of existing provision in order to encourage more tourers to stop off in the County. The sites are often linked to existing businesses such as farms, inns or petrol stations and can help to support local services and rural communities. Touring sites have environmental advantages over static caravan sites in that they are normally only occupied for part of the year and their impact on the landscape is therefore less permanent. Consequently, in order to maintain these advantages, a condition will be attached to any planning permission granted to ensure that sites are not used throughout the year and are not in permanent residential use.

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9.10.2 Planning permission is not usually required for the short-term use of sites for camping and for this reason the Council has limited influence over the distribution of camping facilities. However, if campsites are to be established on a more significant scale, with extensive summer usage and the provision of on-site facilities, then they will normally fall within the scope of planning control. Camping has a modest but significant role to play in the development of tourism and deserves general planning support particularly on or adjoining established walking routes and national trails.

9.10.3 In order to receive favourable consideration, individual proposals for touring caravan and camping sites will need to satisfy the criteria in the following policy so that they would be acceptably located and screened and with adequate access and servicing.

POLICY TR7 - TOURING CARAVAN AND CAMPING SITES

PROPOSALS FOR NEW TOURING CARAVAN AND CAMPING SITES OR FOR EXTENSIONS TO EXISTING SITES WILL BE PERMITTED WHERE THEY COMPLY WITH THE FOLLOWING CRITERIA:

1. THE SITE WOULD BE LOCATED WITHIN 1 KILOMETRE OF SUITABLE ROADS, WHICH WILL BE STRATEGIC, PRIMARY, OR DISTRIBUTOR ROADS. 2. SAFE ACCESS WOULD BE AVAILABLE. 3. THE SITE COULD BE UNOBTRUSIVELY ASSIMILATED INTO THE LANDSCAPE AND SCREENED FROM THE PUBLIC HIGHWAY. 4. THE SITE SHOULD NOT BE USED FOR THE PERMANENT SITING OF CARAVANS OR PERMANENT RESIDENTIAL USE AND A SEASONAL OCCUPANCY CONDITION WILL THEREFORE BE ATTACHED TO ANY PLANNING PERMISSION.

9.11 Holiday Chalet and Cabin Developments

9.11.1 Chalets and log cabins are now available which can provide much more attractive accommodation than static caravans and which can fit into the landscape more satisfactorily, particularly if they are in a wooded or forest setting. The following policy would generally permit chalet and cabin sites in appropriate locations and encourage the replacement of static caravans with chalets or cabins where they would lead to improved facilities for visitors and sites with an enhanced appearance.

9.11.2 There is a concern that the density of chalet and cabin developments should not be so great that they give rise to the difficulties experienced with the worst of the static caravan sites in the past. By limiting the density of development, high quality schemes can be produced which incorporate a satisfactory level of landscaping and create attractive environments more easily assimilated into the landscape. Also chalet and cabin developments may be acceptable in locations where normal residential development would be resisted because of the contribution that they make to the local economy. A condition will therefore be attached to any planning permission granted to ensure they are not in permanent residential use.

POLICY TR8 - HOLIDAY CHALET AND CABIN DEVELOPMENTS

A) HOLIDAY CHALET AND CABIN DEVELOPMENTS OF AN ACCEPTABLE SCALE, LOCATION AND DENSITY WILL BE APPROVED, PROVIDING THAT THEY COMPLY WITH THE FOLLOWING CRITERIA:

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THE DEVELOPMENT WOULD OCCUPY AN INCONSPICUOUS SITE, INCORPORATE SUBSTANTIAL LANDSCAPING AND BE OF MODEST SCALE AND ACCEPTABLE DESIGN, SUCH THAT THE DEVELOPMENT WOULD NOT HAVE AN UNACCEPTABLE IMPACT ON THE OVERALL CHARACTER AND APPEARANCE OF THE AREA.

THE DEVELOPMENT WOULD NOT BE USED FOR PERMANENT RESIDENCY.

B) PROPOSALS TO REPLACE STATIC CARAVANS WITH CHALETS OR CABINS THAT COMPLY WITH PART A. OF THIS POLICY WILL BE PERMITTED WHERE THEY WOULD LEAD TO IMPROVEMENTS IN VISITOR ACCOMMODATION, ON-SITE FACILITIES, THE APPEARANCE OF THE SITE OR ITS EFFECT ON THE ENVIRONMENT.

9.12 All Weather Facilities and Holiday Villages

9.12.1 In order to make the most of tourism as an economic resource throughout the year, the Council encourages schemes that prolong the tourist season and attract higher spending visitors by the provision of quality 'year round' and 'wet weather' facilities. There also appears to be a demand for centralised all weather facilities linked directly to visitor accommodation and if this can lead to an extended holiday season, there could be real economic benefits for the area. The sensitivity of the environment means that large artificial tourism generators such as leisure domes linked to substantial holiday accommodation complexes would not normally be acceptable. However, high quality holiday cottage, cabin and chalet developments on a more modest scale with centralised facilities such as a small indoor swimming pool, a restaurant and shop, could be more easily assimilated into the landscape. A woodland or forest setting will often be most appropriate for the establishment of such holiday villages and in particular, opportunities may be found in the Hafren and Dyfnant forests.

POLICY TR9 – ALL WEATHER FACILITIES AND HOLIDAY VILLAGES

A) PROPOSALS TO DEVELOP, IMPROVE OR EXTEND ALL WEATHER FACILITIES FOR VISITOR OR LEISURE ACTIVITIES WILL BE APPROVED WITHIN SETTLEMENT LIMITS OR WHERE THEY ARE ASSOCIATED WITH EXISTING VISITOR ACCOMMODATION OR FACILITIES.

B) PROPOSALS FOR HOLIDAY VILLAGES COMPRISING HIGH QUALITY HOLIDAY COTTAGE, CABIN OR CHALET DEVELOPMENTS LINKED TO CENTRAL ALL WEATHER FACILITIES WILL BE APPROVED IN ACCEPTABLE LOCATIONS, PROVIDING THAT THEY COMPLY WITH THE CRITERIA LISTED BELOW:

1. THE CENTRAL FACILITIES PROVIDED WOULD BE OF A SCALE APPROPRIATE TO THE NUMBER OF ACCOMMODATION UNITS ON THE SITE. 2. THE DEVELOPMENT WOULD BE LOCATED WITHIN EXISTING AREAS OF FOREST OR WOODLAND OR OTHER WELL SCREENED LOCATIONS AND WOULD NOT CAUSE UNACCEPTABLE HARM TO CONSERVATION INTERESTS OR TO THE SETTING. 3. WHERE CENTRAL FACILITIES ARE PROPOSED THE PLANNING PERMISSION WILL INCLUDE A PLANNING CONDITION TO ENSURE THAT SUCH FACILITIES ARE PROVIDED IN PARALLEL WITH THE ACCOMMODATION UNITS.

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9.13 Visitor Facilities

9.13.1 Although many visitors arrive in Powys by car, train or bus, visitors and local residents gain great pleasure from exploring the countryside further on foot, cycle or horseback. These activities could be significantly enhanced and expanded if small lay- bys or car parks, picnic sites, nature trails and other specially sign-posted walks and rides were developed at appropriate locations. In particular, locations alongside major through routes, at key entry points into the County and associated with public transport facilities would be appropriate. Facilities associated with special features such as the Montgomery Canal, rivers, lakes, forests and viewpoints could also be desirable.

9.13.2 The provision of Tourist Information Points in strategic locations would enable details to be given of attractions, accommodation and facilities in the area. More comprehensive help and information will be available from Tourist Information Centres. These centres are either managed by Powys County Council or by independent bodies. It is considered that effective tourism promotion and local tourist information must be maintained and where possible improved in order to encourage the development of the industry and to maximise the spread of economic benefits throughout Powys.

POLICY TR10 - VISITOR FACILITIES

PROPOSALS FOR THE DEVELOPMENT AND IMPROVEMENT OF SMALL LAY- BYS, CAR PARKS, TOILETS, PICNIC SITES, VIEWPOINTS, INTERPRETIVE FACILITIES, NATURE TRAILS AND OTHER SIGNPOSTED WALKS AND RIDES, WILL BE APPROVED WHEREVER THE LOCATION, NATURE, SCALE AND DESIGN OF THE PROPOSAL WOULD ENHANCE ACCESS TO LOCAL VISITOR OR RECREATIONAL FACILITIES. FACILITIES WILL BE PROVIDED WITH TOURIST INFORMATION POINTS AT STRATEGIC LOCATIONS. A NETWORK OF TOURIST INFORMATION CENTRES WILL BE MAINTAINED IN ORDER TO PROVIDE A COMPREHENSIVE VISITOR INFORMATION SERVICE.

9.14 Canal Tourism

9.14.1 Canals are major tourist attractions and valuable features of our heritage. Powys is fortunate in having two important canals lying partly within its boundaries: the Monmouthshire and Brecon Canal in the south of the County and the Montgomery Canal in the north. The Monmouthshire and Brecon Canal was built in 1812 and extends for 53 kilometres (33 miles) along the Usk valley. It attracts in the region of 6,000 visitors a year and makes a significant contribution to the local economy. However, the section of the canal in Powys lies wholly within the Brecon Beacons National Park and is therefore outside the scope of this plan. The rest of this section therefore concentrates on the potential afforded by the restoration of the Montgomery Canal.

9.15 Restoration and Development

9.15.1 The Montgomery Canal presents many opportunities for tourism and recreation and possesses potential for related development. Whilst the canal connects to the national canal network through Shropshire, over 60% of its total length lies within Powys. The Welsh section of the canal is some 36 kilometres (22 miles) long and extends from the Welsh border at Llanymynech to Newtown, passing through the beautiful countryside of the Severn valley. Major restoration work is required at a

Tourism 138 Powys County Council UDP 2001-2016 Adopted March 2010 ______number of bridge locations and locks and dry sections in Shropshire will also have to be reinstated in order to return the canal to a navigable condition over its entire length.

9.15.2 The canal supports a nationally important aquatic ecology and, as a result, the whole of the Montgomery Canal in Wales is a SSSI. In respect of the internationally important populations of floating water plantain (a water plant), the Montgomery Canal in Wales is also a Special Area of Conservation (SAC). Given this designation and the importance of its many uniquely preserved structures and buildings, it was recognised by the restoration partnership group, The Montgomery Canal Partnership, that there was a need to establish a management plan. A management strategy entitled ‘Montgomery Canal: Regeneration through Sustainable Restoration (A Conservation Management Strategy)’ and a study of the economic impacts of restoration have therefore been produced and will be used to inform and guide the restoration and future management of the canal.

9.15.3 This approach provides an understanding of the significance of the canal’s natural and built heritage and seeks to ensure that canal restoration meets the aspirations and needs of the local communities for recreation and rural regeneration. It also identifies any vulnerabilities and conflicting aims and seeks to resolve these through the strategy. This document provides a framework for delivering a sustainable restoration that aims to meet the needs and values of all.

9.15.4 During the 1970s and 1980s some canal sections and locks were restored as a result of many years of voluntary effort, MSC funded work and by the then British Waterways Board maintenance programmes. However, far larger scale restoration work remains to be done before the canal can function as a navigable canal linked once again to its junction with the national network at Frankton Locks. The British Waterways Act (1987) empowered British Waterways to construct works and to acquire lands for the restoration of the canal.

9.15.5 In the interim, several individual initiatives have contributed to the restoration process. An old canalside warehouse near the centre of Welshpool has been restored and this now houses the Powysland Museum and Montgomery Canal Centre. The Council have also established a 12 berth short-stay mooring basin close to Welshpool town centre alongside the Church Street car park. A new navigable culvert was provided at Gallowstree Bridge, Welshpool in 1992 and a new bridge at Whitehouse Bridge, Welshpool in 1995 with funding from the Council and a number of other agencies.

9.15.6 The Whitehouse Bridge project provided a navigable stretch of canal as far south as Refail Bridge near Berriew. The latest length of the Montgomery Canal to be restored was the section between Burgedin Locks and Arddleen. This newly restored section (completed 2001) brings the total navigable length in Powys to approximately 14 miles (4 miles south and 10 miles north of Welshpool). It is anticipated that these projects will establish the canal as a major tourist attraction bringing considerable economic and marketing benefits to Montgomeryshire.

9.15.7 Full sensitive restoration of the entire canal will, however, lead to even more considerable benefits. The restoration strategy provides projected figures of expected visitor numbers and permanent jobs created. The restoration would also provide shorter-term employment in the construction sector.

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9.15.8 In addition there would be further benefits in terms of increased informal recreation opportunities for local people and the enhancement of the environment. The proposals for restoration refer to the main line of the canal and off-line nature reserves would also be created on the former Guilsfield Arm and in a number of other locations to allow for the conservation of aquatic flora and fauna. The Montgomery Canal is of national and international importance for nature conservation and as well as the SAC, much of its length is designated a site of special scientific interest. In accordance with the Habitats Directive, development proposals will be subject to a test of significance to ensure positive ecological performance. Consequently, any development proposals will need to comply with Environment chapter policy ENV4. It is also of architectural and archaeological interest and several structures related to the Canal are now listed buildings. Restoration and new development proposals will therefore need to meet legislative requirements and be sensitive to its importance for environmental, nature conservation, historic, architectural and archaeological reasons.

9.15.9 In view of the substantial recreational, economic and employment benefits, the Council wish to see the restoration of the main line of the canal to form a navigable waterway throughout its length and would oppose any proposals that would obstruct its sensitive restoration. The Council would also positively encourage any new highway schemes to be designed to permit the restoration of the Montgomery Canal. The standard for restoration will be expected to accord with the management strategy prepared by the Montgomery Canal Partnership “Montgomery Canal: Regeneration through Sustainable Restoration (A Conservation Management Strategy)”. Restoration of the canal will only lead to significant local economic benefits once essential canal- related developments have been established at points along the canal. The location, nature, scale and design of these developments will have to be determined with great care, in order to ensure that there are no serious repercussions for the local environment or canal heritage. If these provisos are met, proposals will normally be approved. The following policies address specific types of development in detail.

POLICY TR11 - CANAL RESTORATION AND RELATED DEVELOPMENTS

A. PROPOSALS COMPLYING WITH UDP POLICY ENV4 FOR THE RESTORATION OF THE MAIN LINE OF THE MONTGOMERY CANAL TO CRUISING WATERWAY STANDARD AND THE PARALLEL PROVISION OF OFF-LINE NATURE RESERVES WILL BE APPROVED AND PROPOSALS WHICH WOULD PREJUDICE OR OBSTRUCT SUCH WORKS WILL BE OPPOSED.

B. PROPOSALS FOR THE DEVELOPMENT OF SITES FOR CANAL RELATED USES THAT ARE OF A HIGH STANDARD OF DESIGN, COMPLY WITH THE CRITERIA IN UDP POLICY TR1 AND WHICH WILL NOT BE UNACCEPTABLY DETRIMENTAL TO THE CANAL'S ENVIRONMENTAL, NATURE CONSERVATION, HISTORIC, ARCHITECTURAL AND ARCHAEOLOGICAL HERITAGE WILL BE APPROVED.

9.16 Canal Moorings

9.16.1 The restoration of the canal will lead to demand for mooring developments on the Welsh length. In view of the crucial importance of these developments to the economic viability of the canal, a series of potential sites has been identified on this Plan's proposals map insets in or near Llanymynech, Welshpool, Whitehouse Bridge, Brithdir, Berriew and Refail. Also a mixed-use site has been identified in central

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Welshpool, which will have potential for residential, retail and leisure as well as canal related uses. Not all of these sites will in practice be developed, but several options have been identified in order to provide a reasonable range of choice for potential developers. Although there are practical problems associated with the restoration of the canal in Newtown to the west of the pump house, if this could be achieved, further moorings could be established on the former Central Dairies site. This potential has been recognised on the settlement inset map for Newtown as well as the opportunity for residential development. In this regard, a further Consultant’s Study has been prepared which investigated options for a canal terminus in Newtown.

9.16.2 The provision of short-stay moorings will also be essential in order to allow for overnight halts and daytime visits to shops, pubs and places of interest close to the canal. Such facilities have already been provided at Welshpool Wharf and it will also be vital for adequate short-stay moorings to be provided close to the following facilities:

 The village facilities of Llanymynech, Four Crosses, Arddleen, Berriew and Abermule.  The rural pubs/restaurants at Pool Quay, Brithdir and Garthmyl.  Visitor attractions such as Powis Castle, the Flash Leisure Centre and the Moors Collection of rare breeds.  Existing or potential canalside picnic areas such as the Carreghofa Locks/Vyrnwy Aqueduct area, Burgedin, Wern, Buttington, Belan Locks, Aberbechan, Llanllwchaiarn and canalside nature reserves.

9.16.3 It is important that adequate highway access and car parking facilities are available at moorings and other canal related development sites. The Council will need to be satisfied that the provision is satisfactory before supporting any proposals. Boat users on the canal will also require access to certain basic essential services, such as fuel and water supplies, refuse and sewage disposal facilities and boat repair facilities at a few points along the canal. These services can normally be provided at mooring bases, though there is potential for established canal-side engineering businesses to diversify into boat maintenance and repair. However, the storage and disposal of fuel, oil, refuse and sewage on canal-side sites can lead to a risk of watercourse pollution, and the Council will need to be satisfied that adequate storage and disposal methods are proposed before any development is permitted to proceed.

POLICY TR12 - CANAL MOORINGS AND ASSOCIATED DEVELOPMENT

PROVIDING THAT THEY DO NOT IMPINGE UPON THE SENSITIVE RESTORATION OBJECTIVES FOR THE CANAL, PROPOSALS FOR THE FOLLOWING DEVELOPMENTS WILL BE APPROVED SUBJECT TO THEIR COMPLYING WITH UDP POLICY TR1:

A) MOORINGS AND ASSOCIATED DEVELOPMENT ON THE MONTGOMERY CANAL ON SITES SO ALLOCATED ON THE PROPOSALS MAP INSETS OR ON OTHER APPROPRIATE SITES. B) COMBINED HOUSING AND PRIVATE MOORING DEVELOPMENTS ON COMMITTED OR ALLOCATED HOUSING SITES AND ON OTHER APPROPRIATE SITES WITHIN SETTLEMENT DEVELOPMENT BOUNDARIES ADJOINING THE CANAL. C) THE PROVISION OF APPROPRIATE SHORT-STAY MOORINGS ON THE MONTGOMERY CANAL AT POINTS CONVENIENT TO LLANYMYNECH,

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CARREGHOFA LOCKS / VYRNWY AQUEDUCT, FOUR CROSSES, ARDDLEEN, BURGEDIN, WERN, POOL QUAY, MOORS FARM, BUTTINGTON, THE FLASH LEISURE CENTRE/ GALLOWSTREE BRIDGE, WELSHPOOL TOWN CENTRE, WHITEHOUSE BRIDGE/POWIS CASTLE, BELAN LOCKS, BRITHDIR, BERRIEW, GARTHMYL, ABERMULE, ABERBECHAN AND LLANLLWCHAIARN.

SATISFACTORY ARRANGEMENTS SHOULD BE IN PLACE FOR HIGHWAY ACCESS, CAR PARKING AND FACILITIES FOR THE STORAGE AND DISPOSAL OF FUEL, OIL, REFUSE AND SEWAGE BEFORE CANALSIDE DEVELOPMENT IS PERMITTED TO PROCEED. BASIC SERVICES PROVIDED AT HIRE BOAT BASES AND SIGNIFICANT PRIVATE MOORING DEVELOPMENTS WILL BE REQUIRED TO BE MADE AVAILABLE TO ALL BOAT USERS.

9.17 Canalside Visitor Accommodation and Facilities

9.17.1 Canalside pubs and restaurants will provide a particularly popular attraction for canal users, general visitors and local residents. There will be scope for expansion of existing establishments, particularly at Llanymynech, Brithdir and Garthmyl (dependent upon the extension of the canal further south from Refail towards Newtown) and there are some other canalside buildings, which could be suitable for conversion to such uses. It is also possible that holiday accommodation developments of various kinds, for short-term lettings or time-sharing, may be proposed in association with canalside moorings. Proposals of this kind will receive similar treatment to that outlined for conventional holiday chalet developments in UDP policy TR8.

9.17.2 High standards of design will be required in all developments associated with the canal to reflect local architectural distinctiveness.

POLICY TR13 - CANALSIDE VISITOR ACCOMMODATION AND FACILITIES

THE FOLLOWING CANALSIDE DEVELOPMENTS WILL BE APPROVED IN SUITABLE LOCATIONS SUBJECT TO COMPLIANCE WITH UDP POLICIES TR11 AND TR12:

A). PROPOSALS FOR THE DEVELOPMENT OF CANALSIDE VISITOR ACCOMMODATION. B). THE EXPANSION OF EXISTING CANALSIDE PUBLIC HOUSES OR THE CONVERSION OF CANALSIDE BUILDINGS TO PUBLIC HOUSES OR RESTAURANTS.

9.18 Other Canal Related Development

9.18.1 General visitors to the area, as well as local residents, will also be attracted to a restored canal. There will be scope for development of trip boat operations from the Museum and Welshpool Wharves and canoe boat hire may become popular. There will be increasing demand for day boat hire, which could probably best be operated from mooring bases near Welshpool. Also, the Heulwen Trust operates canal boat trips for the disabled and they have constructed their own moorings near Gungrog Farm, Welshpool. The opening up of further lengths of the canal to navigation have encouraged the Trust to consider expanding their operations including the provision of a holiday home for the disabled and their carers alongside the new moorings. Further picnic sites will provide popular attractions and there will be

Tourism 142 Powys County Council UDP 2001-2016 Adopted March 2010 ______opportunities for the provision of interpretive displays for visitors at focal points such as the Museum and Welshpool Wharves.

POLICY TR14 - OTHER CANAL RELATED DEVELOPMENT

PROPOSALS FOR THE DEVELOPMENT OF ATTRACTIVELY DESIGNED CAR PARKS, PICNIC SITES AND INTERPRETIVE DISPLAYS AT APPROPRIATE LOCATIONS ALONG THE MONTGOMERY CANAL, INCLUDING SITES CONVENIENT FOR CARREGHOFA LOCKS, VYRNWY AQUEDUCT, BURGEDIN LOCKS, TYDDYN BASIN, WHITEHOUSE BRIDGE, GARTHMYL, ABERMULE, ABERBECHAN AND LLANLLWCHAIARN WILL BE APPROVED.

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10: Recreation and Leisure

10.1 Introduction

10.1.1 Access to, and availability of, recreation and leisure facilities, whether formal or informal are intrinsic aspects of quality of life. With Powys’s beautiful scenery and low population density, the opportunities for quiet informal recreation are amongst the best in Wales. Leisure and recreation are increasingly seen as a very important employer and source of revenue for local businesses. Although closely linked to the tourist industry, leisure and recreation have growing economic benefits for Powys ranging from subscriptions and fees to the purchasing of clothing and footwear, travel and refreshments. Sport accounted for 20,542 jobs in Wales (1.78% of total employment) in 1998. In addition to this it is important to recognise that facilities need to be accessible from as many settlements as possible, if the County’s sustainability strategy is to be adhered to.

10.1.2 However, it must not be forgotten that the countryside in Powys is a working environment and cannot simply be preserved for those who choose to visit and use it for leisure and recreation pursuits. It remains a source of employment for thousands of people whose livelihoods depend on progress. Despite this, a balance is needed because it is so important to remember that the landscape and scenery is the base of many tourism and leisure businesses and therefore their conservation is of crucial importance to the Powys economy. (Please also refer to the Tourism Chapter).

10.2 Strategic Framework and Part One Justification

10.2.1 Part 1 of the UDP contains strategic policies UDP SP1 and UDP SP9 and strategic aims g and m relevant to leisure and recreation.

10.2.2 It is important that the UDP sustains and enhances facilities for recreation and leisure in Powys in order to meet the needs of both visitors and local communities. The above strategic aims and policies seek to achieve this in line with government guidance as outlined below.

10.3 National Planning Policy and Guidance

10.3.1 Welsh Assembly Government advice on recreation and leisure is set out in Planning Policy, Wales (2002) and is supplemented by Technical Advice Note (Wales) 16 Sport, Recreation and Open Space (2009). The Welsh Assembly Government supports the development of sport and recreation as important for the individual and for the social and economic life of Wales. The Welsh Assembly Government’s main planning objectives are to promote:

 A more sustainable pattern of development by creating and maintaining networks of facilities and open spaces in places well served by sustainable means of travel;  Social inclusion, improved health and well-being by ensuring that everyone, including the elderly and those with disabilities, has easy access to good quality, well-designed facilities and open space; and  The provision of innovative, user-friendly, accessible facilities.

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10.4 Leisure and Recreation Provision in Powys

10.4.1 Powys has the facilities to host a wide variety of both indoor and outdoor recreational activities. In addition to purpose-built facilities, Powys has the huge benefit of natural resources and thousands of miles of public rights of way. The result is that the majority of Powys residents are within easy walking distance of some form of sporting, leisure or recreational activity, be it formal or informal. However, the presence of the open countryside does not negate the desire to have facilities to the same standard that one would expect in a more urban county, despite the obvious higher resource costs per head of population.

10.4.2 The main centres of population within Powys, the market towns, have a wide range of facilities and most have the popular ones, such as, swimming pools, rugby and soccer pitches and children’s play areas. Some facilities will have reduced hours of usage, dictated by the fact that they are shared between the schools and communities. This is an acceptable compromise in areas of such low population and high cost per capita for provision, and is discussed further in Policy CS4 in the Community Chapter.

10.4.3 Common land also forms an important recreational resource within Powys. Crown Common Land is found in the old county of Radnorshire, covering nearly 4,700 hectares, over which Commissioners have granted the right of access to the public for air and exercise under the Law of Property Act 1925. Those Commons that are situated wholly or partly within a former borough or urban district also have the public right of access for air or exercise. There is also the Elan Valley in the west of the county, which has the public right of access over the whole Estate on foot, as well as forestry areas managed by the Forestry Commission over which public access on foot to tracks and rides is permitted. Hyder and the National Trust also own land over which the public have free access. Under the Countryside and Rights of Way Act 2000, a considerable portion of the county has become available for access on foot, under the provisions for access to mountain, moor, heath and down land.

10.4.4 One area in which the provision of existing facilities can be assessed is the provision of outdoor playing space for which Fields in Trust has recommended minimum standards of provision. It recommends a minimum standard for outdoor playing space of 6 acres (2.4 hectares) per 1000 population, commonly known as the Six Acre Standard. This standard comprises:

 Outdoor Sports Areas: 4 acres (1.6 hectares) - formal recreation space, which serves the leisure time needs for outdoor recreation of members of the public of which 3 acres (1.2 hectares) should be for the provision of pitch sports, including associated training areas; and  Children’s Play Space: 2 acres (0.8 hectares) - equipped playgrounds and play space used by children, e.g. premier play parks.

10.4.5 In determining the requirement for additional outdoor play space as part of a new development, or a proposal that may result in the loss of existing playing space, the Council shall undertake or request an assessment of the need for such facilities on a case by case basis. This assessment may for example highlight the need for additional facilities, or improvements to play facilities or open space as a result of increased demand caused by a new development. The rationale for carrying out assessments on a case-by-case basis reflects the sensitivity that is needed in applying

Recreation and Leisure 145 Powys County Council UDP 2001-2016 Adopted March 2010 ______the six-acre standard to Powys. Care will need to be taken to ascertain the accessibility of playing space and to recognise facilities such as sports centres that although they are not outdoor, are intensively used recreation spaces. Guidance on preparing playing space assessments will be produced in the form of Supplementary Planning Guidance on Amenity and Play Space.

10.5 Outdoor Playing Space

10.5.1 It is important that school playing fields or facilities for public enjoyment are not eroded away by development pressures and that they are respected as being important in their own right. The main outdoor playing space facilities to be safeguarded are shown on the proposals map insets. Over-provision is possible in some areas, particularly where trends have moved away from, for example, organised formal recreation, but it is important that the land remains protected for some form of recreation, even if the type of sport it accommodates changes. However, compelling evidence that the facility is no longer required by the community for recreation or amenity purposes will be required.

POLICY RL1 - PROTECTION OF EXISTING OUTDOOR PLAYING SPACE

PROPOSALS LEADING TO THE PARTIAL OR COMPLETE LOSS OF OUTDOOR PLAYING SPACE THAT HAVE SIGNIFICANT RECREATIONAL, LANDSCAPE OR AMENITY VALUE WILL BE REFUSED UNLESS IT CAN BE SHOWN THAT ANY OF THE FOLLOWING APPLY:

1. FACILITIES CAN BE BEST RETAINED AND ENHANCED THROUGH THE REDEVELOPMENT OF A SMALL PART OF THE SITE (E.G. PROVISION OF ALL-WEATHER FACILITIES). 2. ALTERNATIVE PROVISION IS MADE AVAILABLE OF EQUIVALENT COMMUNITY BENEFIT IN TERMS OF ITS SIZE, CHARACTERISTICS, LOCATION AND ACCESSIBILITY. 3. IT CAN BE DEMONSTRATED THAT THERE IS AN EXCESS OF SUCH PROVISION IN THE AREA. 4. THE NEW USE IS IN THE WIDER PUBLIC INTEREST.

10.5.2 Accessible outdoor playing space is a very important aspect in the enjoyment of life and well being of communities in these days of heavy traffic and “stranger danger”. Children need to have a safe play area, be it with equipment or simply an open space where they can safely run around. Children under ten years of age should not have to walk a great distance to get to a play area, and certainly not have to cross busy roads. Where new playing space is required as a result of development proposals, Fields in Trust standards will be used in determining the scale of provision or contribution to be sought from developers.

10.5.3 The type of play area or recreation space, and the need for particular facilities to be provided, should be a matter for a development brief on major sites and in discussions with the Local Planning Authority and will be based on various factors including the existing provision in the locality, the site’s suitability in terms of gradients and location, etc. Various alternatives to an equipped play area exist, such as a wooded area or one that can serve as an informal kick-about or basketball area for local children and families. In some circumstances this may be just as useful for community enjoyment as an equipped play area. Open spaces also serve as a community meeting place, with facilities possibly provided for a barbeque area,

Recreation and Leisure 146 Powys County Council UDP 2001-2016 Adopted March 2010 ______benches and shelters where people can gather. However, this raises other issues, such as lighting, fencing, noise, possible vandalism and anti-social behaviour, that aren’t commonly associated with purpose-built play areas for the under 7s. On larger schemes, areas can be phased with land being set aside to have equipment provided at a later date. In most circumstances, planning obligations will be used, by agreement, to achieve this. Maintenance and costs of provision of play equipment will be dealt with in the Amenity and Play Space Supplementary Planning Guidance, which will also consider the issue of commuted sums for aftercare and maintenance, which, if they remain unspent for a period of five years, may be returned to the developer.

POLICY RL2 - PROVISION OF OUTDOOR PLAYING AND RECREATION SPACE

HOUSING DEVELOPMENT PROPOSALS SHALL INCLUDE PROVISION FOR SAFE AND ACCESSIBLE OUTDOOR PLAYING AND RECREATION AREAS AS FOLLOWS:

1. IN DEVELOPMENTS OF 10 OR MORE HOUSES (INCLUDING PHASED DEVELOPMENTS) CAPABLE OF ACCOMMODATING FAMILIES WITH CHILDREN, A SURVEY SHALL BE CARRIED OUT BY THE COUNCIL OR DEVELOPER TO ASSESS THE PROVISION OF EXISTING OUTDOOR PLAYING SPACE. WHERE THERE IS FOUND TO BE A SHORTFALL IN PROVISION, A PLANNING OBLIGATION WILL BE SOUGHT TO ENSURE THE PROVISION BY THE DEVELOPER OF OUTDOOR PLAYING SPACE AND FACILITIES APPROPRIATE TO THE SCALE OF THE DEVELOPMENT IN LINE WITH THE NPFA STANDARDS. 2. IN CIRCUMSTANCES WHERE THE LOCATION OR SCALE OF DEVELOPMENT WOULD BE UNSUITABLE OR INSUFFICIENT TO ENABLE THE PROVISION OF NEW OUTDOOR PLAYING SPACE OF ADEQUATE SIZE, A PLANNING OBLIGATION WILL BE SOUGHT FOR A CONTRIBUTION TO BE MADE TOWARDS THE ENLARGEMENT OR IMPROVEMENT OF EXISTING FACILITIES. THE CONTRIBUTION WILL BE EQUIVALENT TO THE COST OF PROVIDING THE PLAYING SPACE IN LINE WITH THE NPFA STANDARDS. 3. AS PART OF THE DESIGN PROCESS, DEVELOPMENT PROPOSALS SHOULD INCORPORATE AN AREA(S) FOR PASSIVE, INFORMAL RECREATION APPROPRIATE TO THE SCALE AND TYPE OF THE PROPOSAL.

APPROPRIATE ARRANGEMENTS MUST BE IN PLACE FOR THE LONG-TERM AFTERCARE AND MAINTENANCE OF THE PLAYING AND RECREATION SPACE.

10.6 Proposals for New Leisure, Recreation and Arts Facilities

10.6.1 The Council encourages the development or provision of new sporting facilities by both private and public sectors and the following policy sets out the criteria against which proposals will be determined. Specific policies for golf, outdoor activity and pony trekking centres are set out in subsequent policies.

10.6.2 The Arts and Cultural industries in Wales generate about £1.1 billion turnover per year and employ some 29,000 people. As well as providing jobs and generating significant income for the local economy, the Arts provide facilities of great interest to both local people and visitors to Powys. Facilities range from art galleries, theatres and museums, to sculpture trails, craft centres and musical entertainment venues.

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Because of the benefits that they bring to the area, new Arts developments will normally be supported in principle.

10.6.3 One particular method of providing a community facility is to encourage the dual or joint use of school facilities by members of the public for recreational and community uses outside school hours. This can provide a cost-effective means of providing facilities and allowing greater use of those already in existence. This approach has already been successful throughout Powys and has provided many towns with swimming pools and sports hall facilities whilst reducing costs to the taxpayer by increasing revenues. Policy CS4 Shared Use of Educational Premises For Community Purposes in the Community Services Chapter explains the matter further.

10.6.4 Proposals for the development of new leisure, recreation and Arts facilities will be judged against the following policy. Although it is important to encourage the development of new recreation and leisure facilities, it must not be at the expense of the environmental quality that exists in Powys’ towns, villages and countryside, the amenities of adjoining properties or features of conservation interest. It is important that the Council monitors the effects activities can have on sensitive areas - in terms of landscape, nature conservation or other environmental designations. Where problems of over-use or saturation arise, the Council will seek to work with agencies to regulate such activity with management agreements. Recreation and sports that create unacceptable environmental impacts, including noise, will be refused. Proposals must have satisfactory access and should not involve land safeguarded for other uses.

POLICY RL3 – LEISURE, RECREATION AND ARTS FACILITIES

PROPOSALS TO DEVELOP NEW LEISURE RECREATION AND ARTS FACILITIES, OR TO EXTEND, IMPROVE AND ENHANCE EXISTING FACILITIES, WILL BE PERMITTED WHERE THEY COMPLY WITH THE FOLLOWING CRITERIA:

1. PROPOSALS SHALL BE OF A SIZE AND SCALE COMPATIBLE WITH THE SURROUNDING ENVIRONMENT AND NEIGHBOURING LAND USES AND SHALL NOT UNACCEPTABLY ADVERSELY AFFECT:  THE CHARACTER AND APPEARANCE OF THE LANDSCAPE, TOWNS OR VILLAGES AND THEIR SETTINGS.  SITES AND FEATURES OF NATURE AND ARCHAEOLOGICAL CONSERVATION INTEREST OR IMPORTANCE.  THE AMENITIES OF EXISTING OR PROPOSED PROPERTIES OR USES PARTICULARLY IN TERMS OF NOISE, LIGHT AND HOURS OF OPERATION.  THE QUALITY OF SERVICES, INFRASTRUCTURE AND COMMUNITY FACILITIES AVAILABLE TO THE LOCAL COMMUNITY. 2. THE DEVELOPMENT WOULD NOT LEAD TO THE UNACCEPTABLE LOSS OF A SITE ALLOCATED FOR OTHER PURPOSES AS IDENTIFIED ON THE PROPOSALS OR INSET MAPS. 3. THE ROAD NETWORK SERVING THE DEVELOPMENT SHALL BE CAPABLE OF ACCOMMODATING THE TRAFFIC GENERATED WITHOUT AN UNACCEPTABLE IMPACT ON THE AMENITIES OF ADJOINING USERS OR NECESSITATING CONSTRUCTION OF UNDESIRABLE INFRASTRUCTURE PROVISION.

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4. THE FACILITY WOULD BE SERVED BY SATISFACTORY VEHICULAR AND PEDESTRIAN ACCESS AND WHERE POSSIBLE BE ACCESSIBLE BY A CHOICE OF TRANSPORT MEANS. 5. SATISFACTORY LANDSCAPING PROPOSALS SHALL BE INCLUDED WHICH SHOULD, WHEREVER POSSIBLE RETAIN AND ENHANCE EXISTING TREES, HEDGES AND HABITATS IMPORTANT FOR NATURE CONSERVATION. 6. PROPOSALS LOCATED IN THE OPEN COUNTRYSIDE, OUSTIDE DEVELOPMENT LIMITS, SHALL UTILISE AN EXISTING BUILDING IN ACCORDANCE WITH POLICY GP6 CONVERSION OF BUILDINGS IN THE COUNTRYSIDE. NEW BUILDINGS IN THE OPEN COUNTRYSIDE WILL ONLY BE PERMITTED IN EXCEPTIONAL CIRCUMSTANCES AND WHERE POSSIBLE THEY SHOULD BE LOCATED ADJACENT TO AN EXISTING BUILDING(S).

10.7 Outdoor Activity and Trekking Centres

10.7.1 Outdoor activity and trekking centres can be a useful form of rural diversification as well providing an enjoyable facility for local people and visitors alike. Applications should be supported by full details of the type of activities proposed, indicating the level of usage of natural resources, the rights of way and highway networks and other local services and facilities.

10.7.2 Activity centres generally provide a range of outdoor pursuits, although some centres focus on a single activity only such as mountain biking, scrambling, rallying or even clay pigeon shooting. These types of activity often place intensive demands on an area’s resources including its natural environment, the rights of way network, local utilities, community facilities and local amenities. It may be possible to offset some of the potential problems through management agreements. However, proposals will not be acceptable where they would cause demonstrable harm to the natural environment or other material considerations.

10.7.3 Existing buildings should be used, wherever possible, for the centre and associated development such as stables or tack rooms. New buildings will only be permitted in exceptional circumstances where, firstly, it is not possible to convert an existing building and, secondly, the buildings would be located adjacent to existing buildings, such as a farm complex, and would be sensitively designed.

POLICY RL4 - OUTDOOR ACTIVITY AND PONY TREKKING CENTRES

PROPOSALS FOR THE DEVELOPMENT OF OUTDOOR ACTIVITY AND PONY TREKKING CENTRES WILL BE PERMITTED WHERE THEY COMPLY WITH THE FOLLOWING CRITERIA:

1. PROPOSALS SHALL NOT UNACCEPTABLY ADVERSELY AFFECT THE PHYSICAL CONDITION OR SAFETY OF USERS OF PUBLIC RIGHTS OF WAY AND THE HIGHWAY NETWORK AND SHALL HAVE ACCEPTABLE ACCESS TO AN ADEQUATE NETWORK OF OFF-ROAD ROUTES. 2. PROPOSALS LOCATED IN THE OPEN COUNTRYSIDE, OUSTIDE DEVELOPMENT LIMITS, SHALL UTILISE AN EXISTING BUILDING IN ACCORDANCE WITH POLICY GP6 CONVERSION OF BUILDINGS IN THE COUNTRYSIDE. NEW BUILDINGS IN THE OPEN COUNTRYSIDE WILL ONLY BE PERMITTED IN EXCEPTIONAL CIRCUMSTANCES AND WHERE POSSIBLE THEY SHOULD BE LOCATED ADJACENT TO AN EXISTING BUILDING(S).

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10.8 Golf

10.8.1 Golf is an increasingly popular game and clubs are widening their membership to be more accessible to all. However, although golf courses tend to be extremely well managed, they do have a large impact on the nature and environment of their surroundings. By definition, golf courses typically tend to be in the open countryside or at least on the edge of town. Although usually very neat and well tended, the courses can be visually obtrusive simply because their manicured look is so very different to the surrounding countryside. In addition, there are also the issues of landscaping the need for large buildings for a clubhouse and changing facilities and car parks. Golf courses do provide a useful resource for local people and visitors alike and therefore appropriate new developments may be acceptable where they are designed in a sensitive manner.

10.8.2 The Sports Council for Wales suggests a requirement of one golf course per 25,000 people. Powys currently has five 18-hole golf courses and seven 9-hole courses. In addition to this there are also courses lying very close to the UDP area that also serve the Powys population. There are therefore no problems with under- provision of golf courses in Powys.

10.8.3 According to the Sports Council, a typical 18-hole golf course requires approximately 120 acres (48.6 hectares) of land. Given the size and manicured nature of golf courses, as well as the risk of pollution from using fertilisers and the effects on drainage and water supply, the impact upon the landscape and environment can be great. Government guidance stresses that golf courses should be located and designed to ensure harmony with the surrounding countryside and that they should also conserve the natural environment. Therefore the Council will ensure that the utmost regard is paid to the proposed development in terms of its impact upon the landscape and environment in general. Due to the nature of such a land use, developers may be requested to produce an Environmental Statement to examine in detail the environmental effects and implications of the proposed development.

10.8.4 Valuable existing natural and topographical features should not be adversely affected and should be incorporated within the layout and design of the course. New sensitive landscaping should also be undertaken including the creation of wildlife habitats and the planting of indigenous trees and plants appropriate to the area and its surroundings. Proper aftercare and management should be undertaken where new habitats or landscapes are created.

10.8.5 In determining any planning application, the Council will consider a range of factors including:  The effects of the development on the hydrology of the local area; (see Policy DC9 - Protection Of Water Resources).  The loss of important agricultural land and threat to farm viability; (see Policy ENV1 - Agricultural Land).  The risk of pollution to local watercourses.  The incorporation of existing rights of way.  Intended illumination and its impact on the local environment.  Safety measures to avoid the dangers from air-borne golf balls.

10.8.6 In particular, a condition will be attached to any grant of planning permission to ensure that any irrigation undertaken shall use a private water supply. This is

Recreation and Leisure 150 Powys County Council UDP 2001-2016 Adopted March 2010 ______because Water Companies are not obliged to supply water for non-domestic purposes, in order to protect the interests of its domestic customers.

10.8.7 Essential buildings required for the operation of the golf course should only include the clubhouse and ancillary buildings used for the storage of maintenance equipment. These buildings will be preferably derived from the conversion of existing appropriate buildings, but where new would be acceptable, they should be of a small scale and be sensitively designed and located with respect to existing buildings and / or the surrounding landscape. Any grant of planning permission may be made subject to a planning condition to control the use of all buildings and any other matters that the Council may deem necessary.

10.8.8 Other buildings and facilities which are unrelated to golf and therefore non- essential will not be permitted. In particular, housing developments which are proposed as part of the development in order to raise additional finance will not be permitted, unless acceptable under other policies within this plan.

POLICY RL5 – GOLF

THE DEVELOPMENT OF GOLF COURSES AND DRIVING RANGES WILL BE PERMITTED WHERE THEY COMPLY WITH POLICY RL3 AND THE FOLLOWING CRITERIA:

1. THE PROPOSED DEVELOPMENT SHALL NOT INVOLVE EARTHMOVING OF A SCALE THAT WOULD DETRACT FROM THE CHARACTER OF THE LANDSCAPE. 2. EXISTING NATURAL, LANDSCAPE, ARCHAEOLOGICAL AND TOPOGRAPHICAL FEATURES SHALL NOT BE UNACCEPTABLY ADVERSELY AFFECTED AND WHERE POSSIBLE ENHANCED AND SHALL BE INCORPORATED WITHIN THE LAYOUT AND DESIGN OF THE PROPOSAL. 3. ALL BUILDINGS REQUIRED BY THE DEVELOPMENT SHALL BE ESSENTIAL TO ITS OPERATION AND SHALL WHEREVER POSSIBLE UTILISE AN EXISTING BUILDING IN ACCORDANCE WITH POLICY GP6 CONVERSION OF BUILDINGS IN THE COUNTRYSIDE. PROPOSALS WHICH INCLUDE THE DEVELOPMENT OF NEW BUILDINGS SHALL WHEREVER POSSIBLE BE LOCATED ADJACENT TO AN EXISTING BUILDING(S). 4. THE PROPOSED DEVELOPMENT SHALL RETAIN AND ENHANCE EXISITING HABITATS IMPORTANT FOR NATURE CONSERVATION. NEW HABITAT CREATION REFLECTIVE OF THE FEATURES AND CHARACTER OF THE LOCAL ENVIRONMENT AND LANDSCAPE SHALL BE UNDERTAKEN. 5. THE PROPOSED DEVELOPMENT SHALL SEEK TO MINIMISE ANY IMPACT ON LOCAL RIGHTS OF WAY AND SHALL RETAIN THE EXISTING ROUTES AND CHARACTER OF SUCH PATHS AS FAR AS POSSIBLE.

10.9 Rights of Way and Tourist Trails

10.9.1 Powys contains approximately 10,500 public rights of way, the total length of which is just over 10,000 kilometres. (The Brecon Beacons National Park has approximately 1,500km of paths, albeit out of the Plan area). These include some 5 800 footpaths, 2,500 bridleways, 525 restricted byways and 220 Byways Open to All Traffic (BOATs).

10.9.2 This network is used by many different groups including walkers, mountain bikers, carriage drivers and horse riders and is a valuable tourism and recreational

Recreation and Leisure 151 Powys County Council UDP 2001-2016 Adopted March 2010 ______resource, as well as being a practical and historical way to get from A to B. It is also, of course, an important resource in the drive towards sustainability with the potential for the use of mechanised forms of transport to be reduced in favour of natural propulsion, especially as fuel costs rise. The availability of public rights of way, particularly for shorter journeys will be even more important if people revert to choosing to walk, cycle or ride horses, rather than using their cars.

POLICY RL6 - RIGHTS OF WAY AND ACCESS TO THE COUNTRYSIDE

PROPOSALS THAT IMPROVE ACCESS TO AND ENJOYMENT OF THE COUNTRYSIDE BY THE PUBLIC, INCLUDING PERSONS WITH LIMITED MOBILITY WILL BE ENCOURAGED. IN PARTICULAR SUPPORT WILL BE GIVEN TO:

1. DEVELOPMENT OF THE EXISTING RIGHTS OF WAY NETWORK THROUGH SENSITIVELY LOCATED CIRCULAR ROUTES, LOCAL WALKS, LINKS AND OTHER TRAILS, PARTICULARLY THOSE RELATED TO RECREATIONAL SITES, CAR PARKS, PICNIC AREAS, ETC. 2. IMPROVEMENT OF OPPORTUNITIES FOR ACCESS BY THOSE WITH SPECIAL NEEDS; 3. CONTINUED MAINTENANCE AND ENHANCEMENT OF EXISTING RIGHTS OF WAY, INCLUDING SIGN POSTING AND WAYMARKING. 4. THE RECREATIONAL USE OF EXISITING ROUTES IN PRIVATE OWNERSHIP, SUCH AS CANAL TOWPATHS, REDUNDANT RAILWAY LINES, ETC. 5. CREATION OF NEW RIGHTS OF WAY WITHIN PROPOSED DEVELOPMENTS WITH LINKS TO THE EXISTING NETWORK. 6. SAFEGUARDING FROM DEVELOPMENT OF CANAL TOWPATHS, DISUSED RAILWAYS OR SIMILAR FORMS OF TRADITIONAL TRANSPORT ROUTES. DEVELOPMENT WILL BE PERMITTED PROVIDED THAT IT CAN BE SHOWN THAT THE DEVELOPMENT WILL NOT PREJUDICE THE POTENTIAL REUSE OF THE FORMER TRANSPORT ROUTE.

10.9.3 A variety of opportunities exist for increasing access to the countryside for its enjoyment, appreciation and awareness. The Council, in partnership with the CCW and Community Councils, amongst others, will seek to improve and enhance the public rights of way network. Proposals such as circular walks or nature trails are encouraged, and have been developed by the Council in various towns and villages. Nevertheless proposals will be assessed against their impact on the landscape, historic, nature conservation and archaeological interests and should be acceptable to local communities. In the past, single developments have prevented or seriously inconvenienced the progressing of such projects along old transport routes such as disused railway lines and canal towpaths. These old transport routes tend to be relatively flat and direct and therefore their use in the future as leisure or everyday means of transport is important and they should be retained. In addition to these, Powys has Regional and National Trails, and dedicated cycle trails, the main ones being listed in the following policy RL7. The traditional network of public rights of way also provides important links with these promoted routes.

10.9.4 The Countryside Service within the County Council manages the public rights of way network. They have dedicated staff in Knighton and Machynlleth for the Offa’s Dyke Path and Glyndwr’s Way National Trails respectively. Local Authorities and CCW jointly promote the use and enjoyment of National Trails. Local Authorities also actively develop and promote an associated range of regional trails, typically managed to the same standards as National Trails. They are recognised as being

Recreation and Leisure 152 Powys County Council UDP 2001-2016 Adopted March 2010 ______important attractions for the area for tourists as well as being a valuable source of pleasure and practicality for local people.

10.9.5 These trails present many opportunities for small-scale and sensitive tourism development. Small-scale recreation developments including picnic areas, information boards and appropriate car parking may be acceptable in association with these routes if they have no unacceptable effects. However, the trails pass through extremely sensitive and scenic landscapes, as well as areas of nature conservation and archaeological importance. Development proposals will be considered by the Council against their impact upon these features and interests of acknowledged importance. These types of development are addressed in the Tourism Chapter of this Plan.

10.9.6 In addition to the rights of way network, opportunities for increasing public access to the countryside also arise elsewhere. Indeed, Policy ROW3 of the Council’s Access and Rights of Way Strategy, 1995* states that, “The County Council will work with others to co-ordinate the promotion of public rights of way and areas of public open access within Powys”. The strategy states that Forest Enterprise have to do the following when they are considering proposals for the sale of woodlands: “In addition to their policy of permitting open access on foot and bicycle to their forest estate, Forest Enterprise (FE) are also legally obliged to give Local Authorities the opportunity to take up an access agreement with the FE … to allow free public access on foot to tracks and rides within the woodland”. This obligation transfers to all subsequent owners. Access agreements have been successfully used in Powys and the Council supports, through its Strategy, the further use of agreements particularly where public access is already being enjoyed. (*The strategy has been updated through the Rights of Way Improvement Plan 2007)

10.9.7 The Countryside and Rights of Way Act 2000, has important consequences for the recreational use of the countryside by:

 Allowing for the designation of "Access land" (mountain, moor, heath and downland) as "access land" where the public have statutory right of access on foot. Local authorities are charged with the monitoring, facilitating and enforcing. The designation process is now complete and the definitive maps have been published.  Designating registered common land as “access land”, giving a right of access on foot to all common land and a right to ride a horse on crown estate common land, mostly found in Radnorshire.  The Act also introduced a significant number of new duties and powers in respect of rights of way. One significant new duty placed upon the Council by the Act was to set up Local Access Fora. The Fora have the role of advising the Council on access issues and other relevant matters.

POLICY RL7 – LONG DISTANCE RIGHTS OF WAY

PROPOSALS FOR APPROPRIATE RECREATIONAL FACILITIES DEVELOPED IN ASSOCIATION WITH THE FOLLOWING TRAILS WILL BE PERMITTED WHERE THEY WOULD ENHANCE THE ENJOYMENT OF THEM BY THE USERS WITHOUT HAVING ANY UNACCEPTABLE ADVERSE EFFECTS ON THE ROUTES OR THEIR SETTINGS.

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 THE OFFA’S DYKE PATH.  GLYNDWR’S WAY.  WYE VALLEY WALK.  THE SEVERN WAY.  LON LAS CYMRU.  KERRY RIDGEWAY.  ANN GRIFFITHS WALK.  PERERINOD MELANGELL.  SUSTRANS CYCLE TRAIL.

10.10 The Montgomery Canal

10.10.1 The Montgomery Canal is a particularly important attraction within Powys and forms a major part of Powys’ long term Tourism strategy. Therefore it is dealt with in the Tourism Chapter.

10.11 Water Based Recreation

10.11.1 There is considerable pressure from many differing interest groups upon water resources of all types to provide space, time and facilities for water based recreational activities. Conflicts can and do occur, most commonly between those who wish the quiet enjoyment of the landscape and those who participate in noisy sporting activities. Segregation of activities can be effective if parties are willing to compromise, though this can cause some resentment, especially where a facility appears to be poorly managed.

10.11.2 Water based recreation has great implications for nature conservation. There are references in the Environment Chapter to the importance of the county for certain species of water birds and mammals, some of which are resident and some are migratory. Special consideration also needs to be given to safeguarding water quality both for wildlife and where the water body is being used for public water supplies.

10.11.3 Water based recreation is further complicated by issues of ownership and rights, of which there are a range. There is clearly a need for management and negotiation with those who have interests in water supplies, nature conservation and recreation interests. The following policy is directed towards this matter. Water based recreational developments and uses should be subject to properly agreed management schemes, including provisions for the proper maintenance of facilities, control of activities and safety procedures in order to protect the environment and other uses of the water body.

POLICY RL8 - WATER BASED RECREATION

PROPOSALS FOR THE USE OF LAKES, RESERVOIRS AND/OR RIVERS FOR WATER BASED RECREATION AND ASSOCIATED FACILITIES WILL NORMALLY BE PERMITTED PROVIDING THAT THEY:

1. ARE OF A SCALE, TYPE AND DESIGN APPROPRIATE TO THE LOCATION AND SETTING. 2. WOULD NOT CAUSE UNACCEPTABLE HARM TO THE ECOSYSTEM.

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3. ARE SITED AND DESIGNED TO AVOID UNACCEPTABLY AFFECTING HERITAGE FEATURES OR INTERNATIONAL, NATIONAL OR LOCAL NATURE CONSERVATION INTERESTS. 4. WILL NOT GIVE RISE TO UNACCEPTABLE LEVELS OF NOISE, NUISANCE OR LOSS OF AMENITY FOR OTHER USERS OR FOR ADJACENT USES, ESPECIALLY RESIDENTIAL. 5. ARE CAPABLE OF BEING PROVIDED WITH A SAFE AND ACCEPTABLE ROAD ACCESS, SERVICING, TURNING AND PARKING PROVISION, AND CONVENIENTLY LOCATED IN RELATION TO THE ROAD NETWORKS. 6. ARE PROPERLY INTEGRATED WITH AND SAFEGUARD OTHER RELEVANT USES.

10.12 Allotments

10.12.1 With increasing globalisation and agricultural production, allotments have lessened in their importance as an essential way to feed the nation but their importance as a means of recreational enjoyment and producing good quality food has not diminished. In addition to this, the movement towards organic production and sustainability issues about growing produce locally has meant that the tide is turning back towards allotments and the benefits that they provide. Therefore the following policy is proposed to safeguard them for the community where they still provide a valuable resource:

POLICY RL9 - THE SAFEGUARDING OF ALLOTMENTS

THE LOSS OF ALLOTMENTS TO OTHER FORMS OF DEVELOPMENT WILL BE OPPOSED UNLESS IT CAN BE PROVEN THAT THEY ARE NO LONGER REQUIRED AS ALLOTMENTS BY THE LOCAL COMMUNITY.

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11: Community Services

11.1 Introduction

11.1.1 Community services play an intrinsic role in the life of the County’s communities and warrant specific planning policies that reflect their importance as a valuable focal point of Community life. These can include educational, childcare, health and welfare provision as well as the services and activities of social, community, voluntary and religious groups. Similarly libraries, community art centres, cinemas, theatres and clubs also play an important social and cultural role across Powys. Maintaining and improving access to these services and facilities adds to the quality of life within Powys by enabling individuals, groups and communities to participate fully in the area where they live. This is particularly important amongst small isolated settlements, where opportunities to increase service provision may be limited. Therefore continued availability of premises for community uses is also of importance for maintaining strong rural communities.

11.1.2 Public consultation on the UDP Key Issues highlighted that there is a strong interest in maintaining and improving existing community services and facilities. The availability and access to these is considered to be an important economic, social and cultural resource.

11.2 Strategic Framework and Part One Justification

11.2.1 Part One of the UDP contains Strategic Policy UDP SP9 and strategic aims I and k that are relevant to this chapter.

11.2.2 In seeking to improve access to facilities, the County Council will ensure that existing premises used for community uses are retained wherever possible, and will also support the shared use of school facilities where there is a shortage of suitable facilities for community use. Through the UDP, the Local Planning Authority will facilitate the delivery of efficient and high quality services by supporting the strategies of organisational bodies that are responsible for delivering such services. These include Powys Local Health Board, Dyfed-Powys Police, Mid and West Wales Fire Brigade and Powys County Council itself which is responsible for the provision of education, libraries and social services.

11.2.3 Consequently, Strategic Policy PCC UDP SP9 seeks to facilitate the continued availability and enhancement of community services across Powys in accordance with the UDP’s Sustainable Strategic Settlement Hierarchy. This is designed to locate new developments in a sustainable manner taking into account the size and number of services within each settlement. In doing so, it is hoped this will help to counter social exclusion and promote the County as an attractive and sustainable place in which to live and work.

11.3 National Planning Policy and Guidance

11.3.1 Unlike most other aspects of land use planning, The Welsh Assembly Government has not yet issued detailed guidance and advice to Local Authorities as to how they should provide for the land and facility needs for community services. Nevertheless, Planning Policy Wales (2002) indicates that Unitary Development Plans

Community Services 156 Powys County Council UDP 2001-2016 Adopted March 2010 ______should take account of social considerations relevant to land use issues, and should make provision for land for schools and higher education, as well as places of worship and other community facilities.

11.3.2 The Council may also, subject to central Government regulation, seek to provide necessary community service facilities as part of large development schemes through planning obligations and legal agreements as empowered by Section 106 Town and Country Planning Act 1990 and the Planning and Compensation Act 1991.

11.4 Land Identified for Community Purposes

11.4.1 It is the aim of the UDP to support the County Council's policy of promoting social inclusion and an equality of opportunity by ensuring that all groups have good access to community facilities and a sufficient supply of buildings for community use to meet their differing needs. In its capacity as a planning authority, the Council actively encourages proposals that enhance the provision of premises specifically for community services and facilities. In preparing the UDP, the Planning Authority has consulted with a number of external organisations, including Community Councils, Health and Fire Authorities, and this has revealed aspirations for the provision of new premises or facilities in several settlements. Where plans for the development of these facilities are advanced and committed, for instance planning permission may have been granted, these sites are identified on the inset maps to protect them from other uses. Further details on such proposals are found in the settlement descriptions accompanying the inset maps.

POLICY CS1 - LAND SAFEGUARDED FOR COMMUNITY FACILITIES

DEVELOPMENT OF NEW COMMUNITY FACILITIES AND SERVICES IN APPROPRIATE LOCATIONS THAT ARE ACCESSIBLE BY A CHOICE OF TRANSPORT MEANS WILL BE PERMITTED. WHERE FIRM PROPOSALS FOR FACILITIES EXIST, THESE SITES ARE SHOWN ON THE PROPOSALS MAP INSETS AND WILL BE SAFEGUARDED FROM OTHER USES.

11.5 Protecting existing community facilities and services

11.5.1 To ensure that residents throughout the County have access to a wide range of community facilities, the Council will seek as far as possible, to safeguard existing community premises from redevelopment. Consideration may be favourably given for proposals involving the loss of an existing facility where the applicant is able to demonstrate that adequate alternative provision exists or is to be provided within the local area or is made available elsewhere and is satisfactorily accessible.

POLICY CS2 - PROTECTING EXISTING COMMUNITY FACILITIES AND SERVICES

THE LOSS OF PREMISES THROUGH ALTERNATIVE DEVELOPMENT PROPOSALS, OR PARTS OF PREMISES, USED FOR COMMUNITY PURPOSES, INCLUDING MEETING HALLS AND PLACES OF WORSHIP WILL BE RESISTED UNLESS IT CAN BE DEMONSTRATED THAT:

1. THE PREMISES ARE NO LONGER APPROPRIATE OR REQUIRED FOR COMMUNITY USE. 2. ALTERNATIVE SOLUTIONS TO SUPPORT THE LONG TERM USE OF THE FACILITY FOR THE COMMUNITY HAVE BEEN ADEQUATELY EXPLORED.

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3. APPROPRIATE ALTERNATIVE PROVISION EXISTS OR IS AVAILABLE ELSEWHERE IN A LOCATION THAT IS OF SATISFACTORY ACCESSIBILITY TO THE COMMUNITY AFFECTED.

11.6 Community Facilities and New Development

11.6.1 In some instances, new development and in particular new housing may place a greater demand on local community facilities because of the additional users it is likely to generate. When considering such proposals, the Council will assess whether there is a requirement for additional or improved essential community facilities as a result of the development. This will also ensure that no gaps in the provision of education, leisure or social service facilities occur as a result of new residential or other developments.

11.6.2 Examples of the demand created for such essential facilities include local health facilities, education facilities, a new branch library or a community hall. Where appropriate, planning obligations will be sought to ensure that the development will provide adequate community facilities, or will secure satisfactory access to existing facilities. Contributions towards the upgrading of existing public or community transport services providing access to nearby facilities can also be considered as part of this process. Details of the nature and scale of these planning agreements are outlined in Policy GP2 of the Generic Policies Chapter.

11.6.3 In such circumstances, the County Council will require new facilities to be located within areas accessible by a variety of transport modes, so as to support the Councils commitment to creating sustainable communities. Additionally, to ensure the widest use of community premises, attention will be paid to the provision of access and facilities for disabled people, elderly people and others groups with impaired mobility.

POLICY CS3 - ADDITIONAL DEMAND FOR COMMUNITY FACILITIES

WHERE THE SCALE OF A NEW DEVELOPMENT PROPOSAL IS SUCH THAT IT WOULD CREATE THE NEED FOR NEW OR UPGRADED COMMUNITY FACILITIES, A PLANNING CONDITION WILL BE ATTACHED TO ANY GRANT OF CONSENT, OR THE APPLICANT WILL BE REQUESTED TO ENTER INTO A PLANNING OBLIGATION, TO ENSURE THE PROVISION OF OR CONTRIBUTION TOWARDS, THE NECESSARY FACILITIES. THE NEW FACILITIES MUST EITHER BE PROVIDED PRIOR TO THE COMMENCEMENT OF THE DEVELOPMENT OR CONCURRENTLY WITH IT. PLANNING PERMISSION WILL BE REFUSED WHERE THE CAPACITY OF A SETTLEMENT IN TERMS OF COMMUNITY FACILITIES WOULD BE EXCEEDED AS A DIRECT RESULT OF THE DEVELOPMENT.

11.7 Community Use of Educational Sites

11.7.1 The shared use of halls and community premises is one way in which services can be made available to a greater number of residents. This often proves to be a cost effective way of developing social, cultural and religious, welfare, advice or supplementary educational activities in areas where there is a shortage of suitable premises.

11.7.2 Similarly, schools and other educational establishments contain recreational facilities and other resources, such as sports halls, swimming pools, craft studios and music rooms, which could be used in addition to existing community facilities. The

Community Services 158 Powys County Council UDP 2001-2016 Adopted March 2010 ______

Council considers that the shared use of facilities is particularly important in remoter areas of Powys where the expansion of service provision is financially constrained. In Powys, the Council has encouraged shared use of facilities at strategic/key locations and the development of the “Community School”, whereby several community activities operate on one site during and out-of-school hours. The “Community School” approach has proven to be successful at creating opportunities for expanding the availability of community facilities. At a more local level the same benefits can be achieved through the use of primary school facilities, but this can be impeded by insurance or supervisory constraints.

11.7.3 Therefore, the County Council will positively support the multiple uses of existing community facilities and supports the continued availability of educational premises for community uses, provided that the local management allows for this and as long as educational interests are not impaired.

POLICY CS4 - SHARED USE OF EDUCATIONAL PREMISES FOR COMMUNITY PURPOSES

THE SHARED USE OF EDUCATION FACILITIES AND IMPROVEMENTS TO EXISTING SHARED FACILITIES WILL BE APPROVED PROVIDING DEVELOPMENTS WOULD NOT:

1. IMPAIR THE EDUCATIONAL ROLE OR MANAGEMENT OF THE SITE. 2. LEAD TO A LOSS OF AMENITY TO ADJOINING RESIDENTIAL AND OTHER USES.

11.8 Educational Developments

11.8.1 The County Council, in its capacity as the Local Education Authority, has a statutory duty to secure the provision of primary and secondary education. It also recognises and supports the important role and contribution that various other forms of education make to the quality and choice of educational opportunities available in the County. Collectively, these make an important contribution to local employment and economic activity both directly and indirectly.

11.8.2 The UDP’s Sustainable Strategic Settlement Hierarchy emphasises the importance of locating new residential developments within reasonable travelling distance of existing educational establishments. Similarly, new or expanded education facilities should be provided at locations convenient to the main residential areas. Therefore, the Council recognises that where there is a need for the expansion or improvement of existing facilities, future educational developments should take into account the Council’s Strategic Sustainable Settlement Hierarchy and other relevant policies in the Plan.

POLICY CS5 - EDUCATIONAL DEVELOPMENTS

PROPOSALS FOR THE EXTENSION OR IMPROVEMENT OF EXISTING SCHOOLS AND OTHER EDUCATION FACILITIES OR THE PROVISION OF NEW FACILITIES WILL BE SUPPORTED WHERE LOCATED IN ACCORDANCE WITH THE SUSTAINABLE STRATEGIC SETTLEMENT HIERARCHY.

11.9 Health Care Development

11.9.1 The Council recognises the social benefits of accessible medical and health facilities to the community, not least to promote social inclusion, which is a key

Community Services 159 Powys County Council UDP 2001-2016 Adopted March 2010 ______objective of the County Council. Through the UDP the Council will support the Local Health Board and other health providers in the development of service proposals that best meet local needs. Accordingly, the Council supports proposals that are designed to improve access to facilities and provide services locally.

11.9.2 Although the UDP has not allocated any land for future health care related development, the Council will work closely with the health providers over future plans. The location of any new health care facilities will be required to take account of the Council’s Sustainable Strategic Settlement Hierarchy.

POLICY CS6 - HEALTH CARE DEVELOPMENT

THE DEVELOPMENT AND IMPROVEMENT OF EXISTING SITES FOR HOSPITALS, HEALTH CENTRES, DAY CENTRES, CLINICS AND SURGERIES OR THE DEVELOPMENT OF NEW SITES OR PREMISES FOR THESE USES WILL BE APPROVED WHERE THEIR LOCATION COMPLIES WITH THE SUSTAINABLE STRATEGIC SETTLEMENT HIERARCHY.

11.10 Community Care

11.10.1 Social care encompasses a wide range of services such as supporting young children and adults, older people, people with learning disabilities, mental health problems, physical and sensory disabilities. Recent transformation in the delivery of care as a result of the decentralisation of social care provision has seen a move away from larger developments in favour of more domestic scale accommodation within communities so that residents might live as ordinary a life as possible. However, appropriate accommodation and facilities will still be required for those receiving care and their carers. As such the different requirements of each group need to be reflected in the land use policies of the Council. They are considered by Policy HP18 of the Housing Chapter.

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12: Energy

12.1 Introduction

12.1.1 By the time the land use planning system (much as we now know it) had been introduced through the 1947 Town and Country Planning Act, the National Grid had become established and electricity generation largely centralised. Whilst coal was common as a heating fuel, this too was not locally derived (other than in the very south of the County around Ystradgynlais). There were virtually no issues that related to energy supply or transmission that fell within the auspice of the Local or even County Planning Authority. It wasn’t until the 1980’s that decisions in respect of coal mining were made at County level.

12.1.2 With the introduction of the Non-Fossil Fuel Obligation in the 1990s, electricity generation started to be undertaken in units small enough to come under the threshold that took them out of Department for Trade and Industry control and into the Local Planning system. When applications for wind farms started to be submitted Local Planning Authorities were often unprepared with no history of involvement in energy issues.

12.1.3 We now have a situation, particularly in Powys, where wind energy has moved into the realms of the familiar and policies have been tested through experience. Energy issues have become a vital part of environmental protection strategies over recent years now that “climate change” associated with “greenhouse” gas emissions has been accepted by the majority of world governments. Local Authorities have been urged to play their part in promoting the rational use of energy and the promotion of renewable forms of production.

12.2 Strategic Framework and Part One Justification

12.2.1 Part One provides strategic aims p and q and Strategic Policy UDP SP12 relevant to this chapter.

12.2.2 This chapter is concerned primarily with part b) of policy UDP SP12 although part a) is extremely important and will run through all development proposals. Energy conservation issues will be developed through supplementary planning guidance and are also addressed in the other chapters.

12.2.3 The chapter deals with energy generation through all sources. It develops the Part 1 theme that renewable energy projects are to be encouraged and supported unless there are sound reasons to the contrary. The Part 1 strategic policy sets out to encourage energy conservation and appropriate renewable energy generation proposals as a contribution to addressing the problems of climate change and in order to promote sustainable development.

12.3 National Planning Guidance

12.3.1 A Ministerial Interim Planning Policy Statement (MIPPS) released alongside the revised TAN 8 (July 2005) has updated Planning Policy Wales (2002) and contains

Energy 161 Powys County Council UDP 2001-2016 Adopted March 2010 ______the most recent planning advice from the Welsh Assembly Government on energy. The Assembly Government recognises the importance of clean energy to take forward its commitment to sustainable development. As part of this they intend to encourage the development of the renewables sector and promote energy efficiency and conservation in an economic, environmentally sound and socially acceptable way. Specific guidance on Renewable Energy and the Government’s stated energy policy targets are contained within TAN8 (July 2005).

12.4 National and International Targets for Renewable Energy

12.4.1 The Kyoto Protocol on Climate Change established targets for reduction in carbon emissions to the atmosphere at an international and national level. TAN 8 (July 2005) highlights the UK energy policy target which aims to produce 10% of electricity production by 2010 through renewable sources. The Assembly Government has translated this into a Welsh target of producing 4TWh of electricity from renewable sources by 2010 increasing to 7TWh by 2020. There has been quite some debate over recent years as to how such national targets could be translated to the level of an individual local authority and there is, as yet, no solution to this problem. This Council has taken the view that it has the responsibility to accommodate and indeed promote renewable energy within reasonable limits that it has established (or intends to establish) following a reasoned assessment of the known resource and other environmental and current relevant constraints. The Council (in partnership with the former Welsh Development Agency, Wales OPET Cymru, the Dyfi Eco Valley Partnership and Powys Energy Agency) was accepted into the “Renewable Energy Partnership” of the European Union following the signing of a commitment to strive to see as much energy generated in the County from renewable sources as is used in total. The pledge also gave specific targets for the various technologies;

 5,000 sq.m of solar water collectors.  100 kWp of PV installations.  20 new hydro schemes.  2 schools heated by wood fuel.  2 wood fuel district heating schemes.  50 individual homes heated through woodchip or pellets.  2 other large non-domestic wood fuel heating systems.  5 new anaerobic digesters.  Facilitating community participation in wind power development/s.  Providing, through the Energy Agency, a forum for the dissemination of information on all aspects of renewable energy and energy efficiency.  A set of objectives for the rational use of energy developed by the Energy Agency in consultation with partners.  The establishment of base data for energy use and resources in the County.

12.4.2 These targets will only be met through active promotion of the schemes and the land-use planning policies set out in this plan are designed to help facilitate the achievement of these objectives. It will be noted that the policies do not represent a charter for the development of renewable energy schemes under any circumstances. The Council believes that it has developed a strategy that will see its renewable energy resources developed in the most appropriate and sustainable way.

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12.5 Other Trends in Energy Production

12.5.1 Coupled with this move towards renewable energy production has been a general shift towards electricity generation in smaller units, although this is not yet a firmly adopted or widely accepted phenomenon and has not yet seen many fossil fuel generation units requiring planning permission from the Local Planning Authority. Whilst this may never prove to be the case, this Council feels that it is wise to anticipate that it may come to be during the life of this plan. It may be particularly likely in the form of combined heat and power plant or energy from waste (not considered here to be a renewable form of energy).

12.5.2 It is intended that the analysis and policy development will reflect the varying types of technology rather than necessarily concentrating on fuel “source”. Most of the larger scale of projects will require a formal, statutory Environmental Impact Assessment but the smaller proposals may also need to examine the same sort of issues.

12.6 Electricity Production – Combustion Processes with Steam or Hot Gas Turbines

12.6.1 The technology tends to suggest a larger scale of development but in order to provide an alternative means of definition, this category is likely to be above 5 MW capacity. This scale of electricity production does not exist in Powys at present. Whatever the fuel source (fossil or renewable) the requirement for fuel would be considerable and the plant and chimney/ies involved would be of a scale that would be very significant in rural Wales terms.

12.6.2 Given the availability of fuel and the current transport infrastructure, there would be little reason for Powys to be chosen as a location for a fossil fuel power station in this range except possibly in the Ystradgynlais area where coal is near to hand (although the low volatile anthracite coal is not currently used as an unblended product in any UK power station). The Ystradgynlais area would be an unsuitable location for a coal-fired power station for other reasons including its relationship with and impacts upon an area that is intensely urbanised and its proximity to the boundary of the Brecon Beacons National Park.

12.6.3 The most likely fuel by far is wood. The County Council considers that proposals above approximately 5 MW would be unlikely to be acceptable in that they would necessitate the importation of fuel from too wide a catchment. This not only puts pressure on roads that are not dual carriageway, let alone motorway, status but, at least as importantly, detracts from the sustainable development arguments that support renewable energy projects. Wood is a relatively low-density fuel and the diesel emissions involved in long-distance transportation will destroy the “carbon-neutral” arguments. Such journeys will also add to the burdens of a number of settlements in Mid Wales that do not have bypasses. The County Council is committed to the proper exploitation of the available and practically exploitable wood fuel resource but it believes that the use should be relatively local to production and the case for large centralised (especially electricity only) plant is not sound.

POLICY E1 - LARGER SCALE “THERMAL” POWER STATIONS

PROPOSALS FOR PLANT TO PRODUCE ELECTRICITY VIA THE COMBUSTION OF FUEL TO PRODUCE STEAM (OR OTHER HOT GASES) THAT DRIVE

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TURBINES (OVER 5MW ELECTRICAL CAPACITY) WILL ONLY BE GRANTED IN EXCEPTIONAL CIRCUMSTANCES.

12.7 Small-scale Electricity Production (below 5MW) Utilising Combustion.

12.7.1 The production of electricity at generation units below 5MW is a relatively rare occurrence at present but this is likely to change. Gas powered combined heat and power units are being developed right down to a domestic level where the electrical output might be little more than one kW. If the regulatory framework is changed in order to accommodate these exciting developments there will be very many electricity production units that do not even require planning permission but there will be others that will fall within the planning system. Wood fuel could well be utilised for a combined heat and power unit in appropriate locations and circumstances and where it can be demonstrated that the fuel source would be derived from local sources this would be likely to be acceptable. There will clearly be other issues to be taken into account in determining planning applications and there are other regulations that will have to be met but the principle of clean, largely carbon-neutral energy being generated and used locally from a local wood fuel source is very much supported. In the context of total UK energy demands 5 MW may seem to be almost insignificant but these units could be replicated many times over and, in Powys terms, 5 MW is very significant.

12.7.2 It is unlikely that mains or bottled liquid petroleum (LPG) or natural gas, would be used in Powys for electricity generation at anything other than the very small scale that probably would not require planning permission. The gases that may be used to generate electricity are:

12.7.3 Land-fill Gas. Various gases, but particularly methane, are generated at sites where biodegradable material has been buried. If this gas is not burnt it will escape to the atmosphere where it will act as a powerful greenhouse gas and (because of other gases in the mixture) cause local odour nuisance. Flaring the gas is a waste of energy and where sufficient of it exists to make power generation economic, the County Council very much supports its utilisation in this way.

12.7.4 Anaerobic Digestion. The deliberate production of methane from animal or vegetable wastes uses much the same processes as occur in the landfill site. The process of gas production is encouraged in an airtight tank and the methane drawn off for use as a heating or electricity generation fuel. This process has been commonly used at sewage treatment works and there is potential for its utilisation in some agricultural situations. It will, for instance, render chicken litter less polluting as well as providing a source of gas. The Council will also support this technology.

12.7.5 Gasification (or Pyrolysis) of Waste. The technology exists for chemically organic waste (mostly animal and vegetable matter, plastics and rubber) to be converted to gases (or an oil) through the application of heat and pressure. The gas (or oil) can then be used as a fuel for the production of electricity (and heat). This is a process that is technically and economically feasible at a much smaller scale than the straight incineration of waste for electricity production. It is also likely to be a better option from the environmental point of view, particularly concerning discharges to the atmosphere. In order for the County Council to support this technology it would need to be satisfied that it was being used in conjunction with materials recovery and

Energy 164 Powys County Council UDP 2001-2016 Adopted March 2010 ______recycling and not as a replacement for it. The waste feedstock would need to be demonstrably local in origin.

POLICY E2 - SMALLER SCALE “THERMAL” POWER UNITS

DEVELOPMENTS FOR THE GENERATION OF ENERGY (HEAT AND/OR ELECTRICITY) FROM COMBUSTION PROCESSES, AT A RELATIVELY SMALL- SCALE (5MW OR BELOW OF ELECTRICAL CAPACITY) WILL BE PERMITTED SUBJECT TO THE FOLLOWING CRITERIA BEING MET:

1. THE FUEL IS FROM A DEMONSTRABLY LOCAL SOURCE AND SHOULD NOT HAVE BEEN DIVERTED FROM A MORE ENVIRONMENTALLY VALUABLE USE. 2. THE PROPOSAL WOULD NOT PREJUDICE HIGHWAY SAFETY AND WOULD HAVE A VEHICULAR ACCESS AND ACCESS ROUTE THAT IS OF A STANDARD APPROPRIATE FOR THE VOLUME AND CHARACTER OF TRAFFIC TO BE GENERATED. 3. THE PROPOSAL WOULD NOT LEAD TO ANY SIGNIFICANT IMPACT UPON THE AMENITIES OF LOCAL RESIDENTIAL OR OTHER SENSITIVE USES BY REASON OF NOISE, DUST, SMELL OR FUMES. 4. THE DEVELOPMENT WOULD NOT SIGNIFICANTLY DETRACT FROM THE LANDSCAPE OR TOWNSCAPE WITHIN WHICH IT IS SITUATED. 5. EMISSIONS TO THE ATMOSPHERE AND GROUND (INCLUDING WATER) ARE SUCH AS TO NOT LEAD TO UNACCEPTABLE LEVELS OF POLLUTION; AND 6. THE PROPOSAL WOULD NOT DESTROY OR SIGNIFICANTLY DAMAGE A SITE OF IMPORTANCE IN ARCHAEOLOGICAL, HISTORIC, ECOLOGICAL OR CONSERVATION TERMS.

12.8 Heat Energy from Bigger Boilers – Wood or Waste

12.8.1 The above policy also covers the situation where wood or waste is burnt to provide heat only. This is likely to be far more common, at least in the short term, than combined heat and power or just electricity production. In many cases no planning permission will be required but larger installations may well need consent. One of the most exciting opportunities for wood fuel is district heating (i.e. a group of buildings heated from a central source) and this would almost certainly require permission.

12.9 Wind-power

12.9.1 Wind turbines are now a significant part of the electricity production scene in Powys and are a feature of the landscape, predominantly in the north of Powys. There are also many turbines that are clearly visible from Powys viewpoints (particularly those in Ceredigion). Opinions upon their visual impact vary tremendously and they are a subject of heated debate in many quarters. The policies of the Council in respect of wind turbines have now been reasonably well tested through several Public Inquiries and, more importantly, practice. A careful balance needs to be struck between the pressing need to combat climate change and the need to protect a valued and attractive landscape. The Council believes that experience to date suggests that a criteria based policy on its own does not represent a particularly good basis for future decision making. It is considered to be desirable for the Council to be more pro-active in steering the wind power developments to areas where they would be most acceptable. It is clearly recognised that international, European and national (UK and Welsh) policies and imperatives dictate that there is an obligation to promote renewable energy developments where they are environmentally acceptable. The Council has, in reality, a stark choice between simply reacting to applications and

Energy 165 Powys County Council UDP 2001-2016 Adopted March 2010 ______suggestions from the wind-power industry or acting in advance by conducting research and seeking to reach views as to the most appropriate (and, conversely, the most inappropriate) locations and the terms under which such developments would be acceptable.

12.9.2 The Council would wish to see far more of the benefits accruing from renewable energy developments to be recycled locally and, whilst not strictly a land- use planning issue, it is hoped that future developments will be far better linked to local investment and community involvement. It would like to see some of the profits from renewable energy generation invested into energy conservation in the local communities and would look closely at the management regimes for the extensive tracts of land used for wind farms to improve them as wildlife habitats.

12.9.3 There needs to be more information available to the Council than currently exists (or at least has been assembled) and an extensive public debate about the options. The sort of information that is required relates to wind speeds, existing wind- power developments, landscape and nature conservation constraints, archaeological features, settlements, major highways and grid connection capacity. The list is not exhaustive and the subject is complex but the capability of a Geographical Information System to manipulate large quantities of information is now available as a very valuable aid to policy formulation. The Council is determined to take this matter forward as a matter of urgency and will do so in partnership with the Welsh Assembly Government and others. The following criteria based policy would not become redundant once the further, site specific, information and policy is to hand but it would become a secondary policy tool as opposed to the only one. It is possible that it may need to be reviewed in the light of the information coming forward.

POLICY E3 - WIND-POWER

APPLICATIONS FOR WINDFARMS INCLUDING EXTENSIONS TO EXISTING SITES AND INDIVIDUAL WIND TURBINE GENERATORS WILL BE APPROVED WHERE:

1. THEY DO NOT UNACCEPTABLY ADVERSELY AFFECT THE ENVIRONMENTAL AND LANDSCAPE QUALITY OF POWYS, EITHER ON AN INDIVIDUAL BASIS OR IN COMBINATION WITH OTHER PROPOSED OR EXISTING SIMILAR DEVELOPMENTS. WHERE THE CUMULATIVE IMPACT OF PROPOSALS IN COMBINATION WITH OTHER APPROVED OR EXISTING WINDFARMS WOULD BE SIGNIFICANTLY DETRIMENTAL TO OVERALL ENVIRONMENTAL QUALITY THEY WILL BE REFUSED. 2. THEY DO NOT UNACCEPTABLY ADVERSELY AFFECT WILDLIFE HABITATS OR SPECIES THAT ARE OF INTERNATIONAL, NATIONAL OR LOCAL IMPORTANCE IN ACCORDANCE WITH POLICIES ENV3-7. 3. THEY DO NOT UNACCEPTABLY ADVERSELY AFFECT THE OCCUPANTS OR USERS OF SENSITIVE PROPERTIES (USUALLY DWELLINGS) OR THEIR AMENITIES BY REASON OF NOISE, VIBRATION, SHADOW FLICKER OR REFLECTED LIGHT. 4. THEY DO NOT UNACCEPTABLY IMPACT UPON ANY BUILDINGS OR FEATURES OF CONSERVATION OR ARCHAEOLOGICAL INTEREST. 5. THEY DO NOT UNACCEPTABLY ADVERSELY AFFECT THE ENJOYMENT AND SAFE USE OF HIGHWAYS AND THE PUBLIC RIGHTS OF WAY NETWORK, ESPECIALLY BRIDLEWAYS (INCLUDING DURING THE CONSTRUCTION PHASE).

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6. THEY WOULD BE CAPABLE OF BEING SERVED BY AN ACCEPTABLE MEANS OF HIGHWAY ACCESS AND ANY NEW OR IMPROVED ROADS AND ACCESSES REQUIRED WOULD NOT HAVE UNACCEPTABLE ENVIRONMENTAL IMPACTS. 7. APPLICANTS ARE ABLE TO DEMONSTRATE THROUGH LAND MANAGEMENT SCHEMES THAT THERE WOULD BE ADEQUATE MITIGATION OR COMPENSATION FOR ANY ADVERSE IMPACT ON ENVIRONMENTAL QUALITY, WILDLIFE HABITATS OR HERITAGE FEATURES. 8. ANY ANCILLARY STRUCTURES OR BUILDINGS ARE SO SITED AND DESIGNED (INCLUDING THE USE OF LOCALLY APPROPRIATE CONSTRUCTION MATERIALS) SO AS TO ADEQUATELY BLEND INTO THEIR SETTING.

12.9.4 One of the advantages that wind-power developments hold over most of the other electricity generation technologies is the ease with which turbines and their towers are removed and the site re-instated. The Council feel that this advantage needs to be enshrined in policy.

POLICY E4 - REMOVAL OF REDUNDANT WIND TURBINES

AS PART OF PLANNING PERMISSIONS FOR WIND TURBINE DEVELOPMENTS, A CONDITION WILL BE IMPOSED THAT WIND TURBINE GENERATORS, RELATED INFRASTRUCTURE AND ANCILLARY EQUIPMENT WILL BE REMOVED AND THE LAND RESTORED TO AN AGREED STANDARD SHOULD THEY CEASE OPERATION (I.E. GENERATING ELECTRICITY) FOR A PERIOD IN EXCESS OF SIX MONTHS. THIS CONDITION WILL BE COMPLIED WITH WITHIN 6 MONTHS FROM THE END OF THE 6 MONTH PERIOD UNLESS OTHERWISE AGREED IN WRITING.

12.9.5 In some cases, works may be required off the development site in order either to facilitate a wind farm development or to ameliorate some adverse effects. Highway improvements are often required to provide adequate access to the site during construction. Off-site landscaping may be necessary to reduce local visual impacts. Surveys and remedial schemes may be required in order to overcome electro-magnetic interference. In circumstances such as these, the Council will seek a planning obligation or other legally binding agreement, before planning permission is granted, in order to ensure that the necessary works are carried out.

POLICY E5 - OFF-SITE WORKS

PLANNING OBLIGATIONS OR OTHER APPROPRIATE LEGALLY BINDING AGREEMENTS WILL BE SOUGHT TO ENSURE THE IMPLEMENTATION OF OFF- SITE WORKS WHERE THESE ARE NECESSARY IN ORDER TO FACILITATE WIND TURBINE DEVELOPMENT PROPOSALS OR TO AMELIORATE THEIR IMPACT.

12.10 Hydro-power

12.10.1 The requirements for hydro-power generation are water and a vertical distance through which it can fall (known as a “head”). In big schemes this would normally involve a dam in order to provide the head and consistent flows. This would involve the flooding of land that is almost always an emotive and controversial issue. In the schemes that are far more likely in Powys (particularly now that the reservoir dams have been fitted with hydro-power schemes), the requirements would be an

Energy 167 Powys County Council UDP 2001-2016 Adopted March 2010 ______intake structure (a weir), a pipeline (usually underground), a small turbine house (the size of a domestic garage perhaps) and discharge back into the stream/river. An electrical connection from the turbine house to the property or to the local public distribution system would be required and in some cases include a pole-mounted transformer. A fish pass may be needed in some circumstances. Such schemes, which do not have a significant volume of water “stored” behind the weir are called “run of river” schemes. Some water will be taken out of a watercourse for part of its length and this clearly could be an issue. The Environment Agency will play an important function in this respect as it is that organisation which would deal with the necessary application for a water abstraction licence and permission to work in the watercourse.

12.10.2 There will be occasions where the deprivation of a stream of part of its flow will be unacceptable for ecological reasons. The physical aspects of the development are unlikely to be a significant problem in all but the most sensitive of locations and the County Council is generally very supportive of small-scale hydropower developments.

POLICY E6 - HYDRO-POWER

APPLICATIONS FOR HYDRO-POWER SCHEMES WILL BE PERMITTED WHERE:

1. THERE WOULD BE NO SIGNIFICANT THREAT TO HABITATS OR SPECIES OF INTERNATIONAL, NATIONAL OR LOCAL IMPORTANCE OR FISH MIGRATORY ROUTES OR BREEDING AREAS; 2. THE PHYSICAL FEATURES ASSOCIATED WITH THE DEVELOPMENT ARE SO SITED AND DESIGNED AS TO FIT ADEQUATELY INTO THE LANDSCAPE/TOWNSCAPE AND SHALL NOT UNACCEPTABLY AFFECT ARCHAEOLOGICAL SITES; 3. THE PROPOSAL WOULD NOT EXACERBATE FLOODING OR THE RISK OF FLOODING IN THE VICINITY; AND 4. THERE WOULD BE NO SIGNIFICANTLY DETRIMENTAL IMPACT UPON PUBLICLY ACCESSIBLE OR VIEWABLE FEATURES OF LANDSCAPE IMPORTANCE (E.G. WATERFALLS) THROUGH THE REDUCTION IN THE FLOW OF WATER. 5. APPLICANTS ARE ABLE TO DEMONSTRATE THROUGH LAND MANAGEMENT SCHEMES THAT THERE WOULD BE ADEQUATE MITIGATION OR COMPENSATION FOR ANY ADVERSE IMPACT ON ENVIRONMENTAL QUALITY, WILDLIFE HABITATS, HERITAGE FEATURES, OR AGRICULTURAL INTERESTS.

12.11 Solar Energy

12.11.1 Photovoltaic Electricity Production

12.11.2 Photovoltaic (PV) cells or modules convert radiation from the sun into electricity. They are sometimes known as “solar panels” but so are solar water heating collectors (see below) so we need to be careful with the terminology. Whilst there are only a few examples of PV systems on buildings in the county they are set to increase. Whilst usually on roofs they can also be used as wall cladding. Almost all of the current examples are in Machynlleth, with the former WDA having installed large PV arrays (several modules connected together) as the roof covering on two new units on the Dyfi Eco Park. These follow arrays at the Centre for Alternative Technology, Dulas Ltd (also Dyfi Eco Park) and Ysgol Bro Ddyfi. PV systems are also used in remote

Energy 168 Powys County Council UDP 2001-2016 Adopted March 2010 ______locations to provide a low capacity off-grid source of electrical power. The only planning implications of PV installations are visual. The County Council is generally very supportive of such developments but does have serious reservations as to their applicability on historic buildings or sensitive townscapes/street scenes.

12.11.3 Solar Water/Space Heating

12.11.4 Solar water heating is normally achieved through the incorporation of water heating collectors (solar panels – see note above in respect of PVs) into or onto the fabric of a building. Whilst usually on a south(ish) facing roof they can also be freestanding. There are various designs some of which protrude from the plane of the roof more than others but flat-plate type of collectors can usually be installed on non- “listed” buildings without the need for planning permission. The only planning issue is the appearance of the panels (reservations as per PV above).

12.11.5 Solar space heating is normally a matter of the sensible siting and sizing of windows to optimise solar gain/losses. It can very usefully include conservatories or their like. It is intended to produce supplementary planning guidance on this important and often over-looked issue. It is possible to incorporate more sophisticated solar space heating measures but these are really most uncommon at present and would be treated on their merits – again the implications are only visual.

POLICY E7 - SOLAR TECHNOLOGIES

SUPPORT WILL BE GIVEN TO EFFORTS TO CAPTURE SOLAR ENERGY THROUGH GOOD DESIGN. IN CASES WHERE THERE IS A SERIOUS THREAT TO THE ARCHITECTURAL AND/OR HISTORIC CHARACTER OF A LISTED BUILDING, CONSERVATION AREA OR OTHER HERITAGE FEATURE, PROPOSALS FOR THE INSTALLATION OF SOLAR WATER HEATING OR PHOTOVOLTAIC MODULES WILL BE REFUSED.

12.12 Energy Transmission

12.12.1 Electricity power lines are clearly the most familiar form of energy transmission apparatus but heat mains (pipelines) need also to be considered in this section. Both could be and should be buried wherever practically, technically and economically feasible. As with the pipelines on a hydro scheme, great care needs to be taken in some locations to ensure that no ecological or archaeological damage is done. The careful removal and subsequent replacement of turfs will be the norm even in circumstances where the flora is not seen as being particularly important. Whilst the Council is not normally the decision-making authority in respect of power lines, they are considered to be an integral part of the considerations in respect of electricity generation projects. The relevant UDP policy is DC12.

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13: Minerals and Waste

13.1 Introduction

13.1.1 This part of the overall document is designed to provide a policy framework for issues relating to mineral extraction and waste management across the Plan area up to 2016. It concerns all minerals that are currently extracted, along with those that are known to exist, with a reasonable likelihood of proposals for their extraction coming forward in the near future. It also deals with the land use planning aspects of waste disposal to ensure the availability of sites and premises for the treatment and recycling and, where necessary, disposal of waste in accordance with the requirements of the National Waste Strategy for Wales - Wise About Waste, the two Regional Waste Plans that cover Powys and the Council's Waste Management Strategy.

13.1.2 Minerals are defined in section 336 of the 1990 Town and Country Planning Act as including "all (substances) of a kind ordinarily worked for removal by underground or surface working, except that it does not include peat cut for purposes other than sale." The range is thus very wide and includes low grade, low value material that may be extracted in an ad hoc way as well as that extracted from recognised mines and quarries. Waste too has a wide definition, although for the purposes of this plan there is a concentration on that which actually finds its way into the total “waste stream” – the waste for which the County Council has responsibility and all other controlled waste. It will be more and more the case that the “waste stream” does not end at a landfill site so for the purposes of this plan the “waste stream” will pass through a formal facility such as a “transfer station”, “civic amenity/recycling site” or a final disposal site.

13.1.3 Planning applications for mineral working and waste disposal/treatment are almost always controversial and are very rarely straightforward. Public expectations in respect of environmental protection are increasing but so is the trend towards increased consumption of minerals and creation of waste. The minerals industry is a significant employer within the County. Apart from those directly employed in the quarries and opencast coal site(s), substantial numbers of people find work in the associated haulage industry. The Planning Authority has the very difficult task of balancing the often-conflicting arguments, in order that minerals supply and waste disposal/management facilities are adequate, the economy of the County is best served and yet environmental disruption and irreparable damage are minimised. This Plan attempts to provide a policy framework within which those difficult decisions can be made. The principles enshrined in “sustainable development” are no less relevant to minerals and waste issues than to any other development. Both industries are, at their core, fundamentally unsustainable but society currently has little alternative but to recognise this and work to minimise the adverse impacts and slow to a minimum the rate of resource depletion. Wherever possible the Council will strive to ensure that minerals are used efficiently and for their most appropriate purpose, although this is generally seen as a matter for market forces. It is also important that valuable mineral resources are not sterilised in order that future generations have choices as to whether or not to exploit them.

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13.1.4 The planning conditions on mineral working sites are now due for review every 15 years. Whilst such reviews are unable to impact upon the asset value of an operation, they should ensure that conditions are consistent with current minerals planning practice. There are various statutory Orders available to the Authority although there is also considerable emphasis placed upon negotiation and agreement.

13.1.5 The requirement to register all Interim Development Order Permissions during the winter of 1991/92 provided an opportunity for Mineral Planning Authorities to establish reliable records of all dormant and active mineral workings. Records of the pre-1948 permissions were often scant and usually unreliable. The County Council is now able to produce a definitive list of permitted mineral working sites. The necessity for active mineral working sites with Interim Development Order permissions to submit schemes of conditions of working has proved valuable and is referred to, where appropriate, in the descriptions of individual sites. All of the mineral sites which have the benefit of a valid planning permission are described in the appendix to this chapter.

13.1.6 Each of the various mineral types is examined and discussed separately. Secondary and recycled aggregates are also discussed though their use is currently very restricted. The plan provides potential developers with a guide to the likely response to proposals in principle but also, and importantly, sets out the sort of standards that the Mineral Planning Authority will be looking towards for new and existing workings.

13.1.7 Waste disposal and waste management facilities are incorporated into this chapter of the plan because mineral extraction and waste disposal operations have much in common from a land-use planning point of view. They are both extensive, largely outdoor operations involving dump trucks and other vehicles operating throughout the day. Detailed policies relating to technical issues that tend to be relevant to both mineral working and waste operations are discussed in the latter part of the chapter. There are clearly differences but there is enough in common to render it useful to consider minerals and waste together. It is recognised that this commonality is largely historic and based upon landfill operations. The two industries will have less in common in the future. In addition Policy GP1 criterion 7 states that developments shall incorporate appropriate measures for waste efficiency and conservation.

13.2 Strategic Framework and Part One Justification

13.2.1 The strategic planning context for minerals and waste is provided by the strategic aims s) and o) and Strategic Part One Policies UDP SP10 – Minerals Developments and UDP SP11 – Waste Management.

13.2.1.1 Mineral extraction in Powys, particularly of hard rock aggregates, is an important source for meeting regional and UK mineral needs. The Council acknowledges the plan area's strategic significance in supplying minerals but recognises that this is not acceptable at any cost and proposals for further extraction will also be considered against the availability of secondary or recycled materials and the acceptability of their environmental impacts. In line with sustainable development principles, the Plan safeguards known important mineral resources so that they could be available for future generations if needed.

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13.2.2 It is very much the case that this plan supports the Regional Waste Plans and the comprehensive Waste Management Strategy and Recycling Plan (including future revisions) and provides the land-use planning base for the identified actions. The strategic minerals development policy aims to facilitate the necessary extraction of minerals and safeguard valuable resources whilst ensuring that environmental impacts are minimised. In line with Welsh Assembly Government guidance, as outlined below, the strategic waste management policy seeks to ensure that waste management is carried out in the most sustainable manner practicable.

13.3 National Planning Policy and Guidance

13.3.1 Minerals Planning Policy Wales (MPPW) was published in December 2000. It sets out the general policy of the Welsh Assembly Government in respect of the winning and working of minerals. Further, more detailed, guidance in respect of aggregates is published in Minerals Technical Advice Notes (MTANs) 1: Aggregates (2004) and Coal (2009). MPPW (Para. 10) states that the key principles for minerals are to:

 Provide mineral resources to meet society’s needs and to safeguard resources from sterilisation.  Protect areas of importance to natural or built heritage.  Limit the environmental impact of mineral extraction.  Achieve high standard restoration and beneficial after-use.  Encourage efficient and appropriate use of minerals and the re-use and recycling of suitable materials.

13.3.2 Technical Advice Note (TAN) 21 in respect of Waste, November 2001, provides advice on how the land use planning system should contribute to sustainable waste resource management. It provides guidance and exhortation in respect of various Directives in respect of waste from the European Commission and establishes new regional waste planning forums across the principality. Powys is the only county to be split between two regions (Montgomeryshire is in North Wales and Brecknockshire and Radnorshire are in the SE Wales grouping). The Regional Waste Plans were endorsed by the County Council in February 2004 and their contents have been taken into account in the preparation of this plan. Reference is made to their main conclusions in the Waste section of this chapter.

13.4 General Policy for Mineral and Waste Development

13.4.1 The following policy provides the principle general development control context for all mineral and waste proposals. It should be read in conjunction with specific policies found elsewhere in this chapter and with the other policies of the Plan. It should also be noted that developments of this type might require an Environmental Impact Assessment (EIA). These are the subject of their own regulations and take into account cumulative impact. Section 3.8 of this plan considers the link between EIA and this plan in greater detail.

POLICY MW1 - MINING AND WASTE DISPOSAL

PROPOSALS FOR THE MINING OF AGGREGATES, STONE, COAL, OR METAL ORES OR THE RECYCLING, COMPOSTING, TRANSFER OR DISPOSAL OF WASTE WILL BE PERMITTED WHERE THE FOLLOWING CRITERIA CAN BE MET:

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1. ALL PROPOSALS WILL BE EXPECTED TO INCLUDE A SATISFACTORY VEHICULAR ACCESS ONTO THE PUBLIC ROAD NETWORK AND THAT ACCESS SHOULD CONFORM TO THE CRITERIA SET OUT IN POLICY MW13. 2. PROPOSALS SHOULD NOT INVOLVE THE USE BY VEHICLES OF HIGHWAYS THAT ARE OF A RESIDENTIAL OR TOWN CENTRE CHARACTER, HAVE RESTRICTED FACILITIES FOR THE PASSING OF VEHICLES OR INCLUDE STEEP GRADIENTS OR SUBSTANDARD JUNCTIONS. 3. OPERATIONS, EXCLUDING MAINTENANCE AND OTHER WORKS ESSENTIAL FOR SAFETY AND POLLUTION CONTROL, SHOULD TAKE PLACE ONLY BETWEEN THE FOLLOWING HOURS:  MONDAYS TO FRIDAYS - 07.00 AM AND 18.00 PM.  SATURDAYS - 08.00 AM AND 13.00 PM.  SUNDAYS, BANK AND PUBLIC HOLIDAYS – NO OPERATIONS SHOULD TAKE PLACE. EXCEPTIONS WILL ONLY BE PERMITTED WHERE IT CAN BE CLEARLY DEMONSTRATED THAT THEY CAN BE UNDERTAKEN IN COMPLIANCE WITH POLICY MW14 (NOISE), POLICY MW15 (REVERSING ALARMS), THERE WOULD BE NO SIGNIFICANT LIGHT POLLUTION OR ADVERSE IMPACT UPON RESIDENTIAL PROPERTY AND THERE WOULD BE NO GOODS VEHICLES ENTERING OR LEAVING THE SITE OUTSIDE THE STATED HOURS. 4. PROPOSALS WILL BE EXPECTED TO INCLUDE MEASURES TO ENSURE THAT DUST EMISSIONS WOULD BE WITHIN ACCEPTABLE LIMITS PARTICULARLY HAVING REGARD TO THE PROXIMITY OF RESIDENTIAL PROPERTY AND/OR COMMERCIAL UNDERTAKINGS CARRYING OUT OPERATIONS OF A DUST SENSITIVE NATURE. WASTE DISPOSAL OPERATIONS SHOULD DEMONSTRATE HIGH STANDARDS OF LITTER CONTROL. 5. PROPOSALS WILL BE EXPECTED TO INCLUDE FULL AND ADEQUATE PROVISIONS FOR THE PREVENTION OF POLLUTION TO WATERCOURSES OR GROUNDWATER. IT IS ANTICIPATED THAT SUCH PROVISIONS WILL INCLUDE FACILITIES FOR THE TREATMENT OF SURFACE WATER RUN-OFF, THE COLLECTION AND TREATMENT OF LEACHATE AND THE CONTAINMENT OF LEAKS OR SPILLAGES OF POTENTIAL POLLUTANTS SUCH AS VEHICLE FUEL. 6. THE OPERATIONS INVOLVED WOULD NOT POSE A SIGNIFICANT RISK TO HUMAN HEALTH, WATER, AIR, SOIL, PLANTS OR ANIMALS. 7. ANY PROPOSAL WHICH WOULD PHYSICALLY DISTURB AQUIFERS, ALTER GROUNDWATER LEVELS OR IMPEDE OR INTERCEPT GROUNDWATER FLOW, WILL BE THE SUBJECT OF CAREFUL EXAMINATION AND PROPOSALS WITH AN UNACCEPTABLE ADVERSE EFFECT WILL BE REFUSED. 8. PROPOSALS WILL BE EXPECTED TO COMPLY WITH THE CRITERIA SET OUT IN POLICY ENV2 IN RESPECT OF LANDSCAPE CONSERVATION AND POLICIES ENV 3-7 IN RESPECT OF NATURE CONSERVATION. 9. ANY PROPOSALS INTERFERING WITH THE NATURAL WATERCOURSE SYSTEMS WILL BE SUBJECT TO CAREFUL EXAMINATION AND THOSE WITH AN UNACCEPTABLE IMPACT WILL BE REFUSED. PROPOSALS WILL NEED TO ADDRESS THE NEED FOR MAINTENANCE ACCESS TO ALL WATERCOURSES AND THEIR CAPACITY TO ACCOMMODATE INCREASED

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RUN-OFF AND PUMPED DISCHARGES. PROPOSALS THAT INCLUDE THE CULVERTING OF NATURAL WATERCOURSES WILL NOT NORMALLY BE ACCEPTABLE. 10. ANY PROPOSAL INTERFERING WITH PUBLIC RIGHTS OF WAY WILL BE THE SUBJECT OF CAREFUL EXAMINATION AND PROPOSALS THAT INCLUDE THE INTERRUPTION OF PUBLIC RIGHTS OF WAY WILL BE EXPECTED TO PROVIDE ALTERNATIVE ACCEPTABLE LINES FOR SUCH AND PROPOSALS HAVING AN UNACCEPTABLE ADVERSE IMPACT WILL BE REFUSED. 11. ANY PROPOSAL THAT INVOLVES THE LOSS OF NATURAL FLOOD PLAIN, EVEN FOR A TEMPORARY PERIOD/S, WILL BE THE SUBJECT OF CAREFUL EXAMINATION AND PROPOSALS HAVING AN UNACCEPTABLE IMPACT WILL BE REFUSED. 12. PROPOSALS SHOULD COMPLY WITH THE TECHNICAL POLICIES MW13 – MW22. 13. PROPOSALS WILL INCLUDE A RESTORATION AND AFTERCARE SCHEME THAT CLEARLY DEMONSTRATES THAT A HIGH STANDARD OF BENEFICIAL AFTER USE WILL BE ACHIEVED IN ACCORDANCE WITH POLICY MW5 OR POLICY MW20.

13.5 Minerals Development

13.5.1 Aggregates

13.5.2 Aggregates are a basic raw material for the construction industry, whether it is an extension to a house or the construction of a new length of trunk road. Aggregates produced in Powys are currently almost entirely limited to crushed hard rock, though more generally the term includes sand and gravel, large quantities of which are present but largely unexploited, and smaller amounts of waste products such as pulverised fuel ash from power stations and crushed bricks, etc. from demolition sites.

13.5.3 The South Wales Aggregates Working Party, which covers the counties of Powys, Ceredigion and all of those to the south of them, monitors the supply and reserves of aggregates. The County Council is represented on the Working Party, as are the other relevant Mineral Planning Authorities, the minerals industry and others. It is seen to be an important part of central and local government policy that the supply of minerals, particularly aggregates, is safeguarded although the drive for sustainable development clearly impacts upon this issue too. The desire of central government to seek to ensure a steady supply of aggregates is clearly set out in Minerals Planning Policy Wales (MPPW, 2000). Given the “lead in” time for the planning and assessment of most proposals for the working of aggregates, it is necessary for there to be a reasonable level of permitted reserves (i.e. land with planning permission for mineral working), or “landbank”, at any one time.

13.5.4 The position in this respect is very healthy, with a Powys land bank of over 40 years supply of aggregates, although this figure should be tempered by a note of caution that it relates to current output figures. This bold statistic however needs to be examined in greater detail as it covers a range of materials, which may be in individual short supply. It may also be materially affected by possible shifts in the distribution of mineral production and supply. There is a significant cross-border movement of aggregates from Powys into the West Midlands in particular. There may be exceptional circumstances where it may be appropriate to allow an extension to an

Minerals and Waste 174 Powys County Council UDP 2001-2016 Adopted March 2010 ______existing quarry because, for example, there is a need for a particular product that is nationally scarce or landscape/restoration advantages can be achieved by, for example, lowering a quarry rim. Policy MW2 allows for such, currently unforeseen, circumstances.

13.5.5 The reserves of hard rock aggregates are very considerable and there is seen to be little need at present to consider the identification of possible new areas for exploitation. Had there been additional exploitable limestone deposits there may have been a case for additional capacity in this specialist area. The reserves figures do not include estimates from some of the dormant quarries and the County Council will monitor the situation in respect of some of these sites. It may be seen as being appropriate to serve prohibition orders where it would be clearly undesirable for extraction to re-commence.

POLICY MW2 – HARD ROCK RESERVES

IN CONSIDERING PLANNING APPLICATIONS FOR THE EXPLOITATION OF HARD ROCK FOR AGGREGATES USE, HAVING TAKEN DUE NOTE OF REGIONAL GUIDELINES, REGARD WILL BE GIVEN TO THE EXISTENCE OF LARGE CONSENTED RESERVES OF SUCH MATERIAL. NEW EXTRACTION SITES AND EXTENSIONS TO EXISTING WORKINGS WILL ONLY BE PERMITTED WHERE IT CAN BE SHOWN THAT THE PARTICULAR HARD ROCK IS OF HIGH QUALITY, LIMITED AVAILABILITY GEOLOGICALLY AND CANNOT BE SUPPLIED FROM EXISTING OR PERMITTED WORKINGS, AND WHERE EXTRACTION IS ENVIRONMENTALLY ACCEPTABLE.

13.5.6 Safeguarding of High PSV Hard Rock Resources North of Garth

13.5.7 The British Geological Survey (BGS) has undertaken detailed survey work over part of the County in recent years as part of a contract with the Welsh Assembly Government. As part of the subsequent recording and dissemination activity, thematic maps have been produced for the areas surveyed. The “mineral resources” thematic map for the Builth Wells area highlights a specific exposure of muddy sandstones as being rather restricted in area and of particularly high quality for road surfacing. This is seen as being a resource that is potentially of national importance as it provides stone that has a high “polished stone value” (PSV). This material is currently extracted at Cribarth quarry and transported to distant tar coating plants.

13.5.8 It is seen as prudent to safeguard this geographically restricted resource for potential use by future generations. Advances in road surfacing technology or a dramatic shift in transport policy might mean that the current demand for high PSV stone will significantly reduce or even disappear in the future but national policy advice and sensible forward planning would suggest that the extraction of this potential resource should not be sterilised or hindered by other permanent development in the foreseeable future.

13.5.9 It has been decided to include Policy MW3 in order to safeguard the nationally important high PSV stone. The UDP does not allocate new sites for the extraction of this potential mineral resource in view of the levels of consented reserves in Powys and it needs to be emphasised that safeguarding does not mean that planning permission will necessarily be granted for the exploitation of the mineral resource either during the life of this plan or into the future. Policy MW2 and other policies in the UDP would apply to any planning applications for hard rock extraction

Minerals and Waste 175 Powys County Council UDP 2001-2016 Adopted March 2010 ______that may come forward. Policy MW3 will not be carried forward into any subsequent LDP without a full review of any new geological information that may identify hard rock resources elsewhere and the degree of need for them to be safeguarded.

13.5.10 The safeguarded area shown on Inset Map Bm36 is based upon that highlighted on the ‘Geology of England and Wales Sheet 196 – Map 3: Mineral Resources’ published by the BGS. Additional evidence on the quality and location of the hard rock resource was confirmed by the BGS in its 2009 report ‘High PSV Sandstone test results from the Cribarth area, Garth, Builth Wells, Powys’. Neither the BGS nor the County Council are guaranteeing that workable reserves exist everywhere within the highlighted area. This information should not be used as an alternative to detailed ground investigations and surveys.

13.5.10.1 For development to be acceptable within the safeguarded area, it must comply with Policy MW3 in order to demonstrate that current and future extraction will not be sterilised. Evidence must be submitted with a planning application, through detailed site investigations, to demonstrate that extraction currently or in the foreseeable future will not be prejudiced. Applicants must ensure that BGS are consulted as part of this process.

POLICY MW3 - SAFEGUARDING OF HIGH PSV HARD ROCK RESOURCES NORTH OF GARTH

A SAFEGUARDING AREA IS IDENTIFIED ON INSET MAP Bm36 AS A POTENTIAL HIGH POLISHED STONE VALUE HARD ROCK RESOURCE. PROPOSALS FOR PERMANENT DEVELOPMENT WITHIN THIS AREA WILL NOT BE PERMITTED UNLESS:

1. THE NEED FOR THE PROPOSED DEVELOPMENT IS OF OVERRIDING IMPORTANCE OR THE HIGH POLISHED STONE VALUE HARD ROCK RESOURCE WILL BE EXTRACTED PRIOR TO THE DEVELOPMENT TAKING PLACE; OR 2. THE PROPOSED DEVELOPMENT IS EITHER: (I) OF SMALL SCALE AND RELATED TO EXISTING SETTLEMENTS OR BUILDINGS; OR (II) AN AGRICULTURAL DEVELOPMENT; OR 3. THOROUGH SITE INVESTIGATIONS OF ANY SPECIFIC AREA WITHIN THE IDENTIFIED SAFEGUARDING AREA PROVE THAT THE RESOURCES WITHIN THAT AREA HAVE NO POTENTIAL FOR EXTRACTION EITHER CURRENTLY OR IN THE FORESEEABLE FUTURE.

13.5.11 Sand and Gravel

13.5.12 Sand and gravel have important roles in the construction industry. Sand is used in mortar, concrete and render mixes and although it can sometimes be replaced by stone dust from a hard rock quarry it is a vital part of most building projects. It is also used in the production of road surfacing mixes and is thus a commonly imported material into hard rock quarry complexes. Almost all of the sand and gravel utilised in Powys is currently imported into the County from a variety of sources, including marine dredging operations. The only currently authorised sand and gravel extraction takes place at Caerfagu, (inset map Rm91) a small site lying between Llandrindod Wells and Rhayader. It produces a relatively low grade-hogging product that has only a limited range of uses.

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A. Potential for Increased Sand and Gravel Production

13.5.13 The University of Liverpool undertook an appraisal of the land based sand and gravel resources of South Wales for the Department of the Environment in 1991. As the whole of the county of Powys lies within the area covered by the South Wales Aggregates Working Party, it all came within the scope of the study. Several areas of the County were identified as having deposits that would be likely to be commercially exploitable but only three of those areas lie wholly or mainly outside the National Park and therefore within the scope of this plan;

1. Wye/Llynfi/Dulas Valleys above Hay-on-Wye. 2. Severn Valley below Caersws. 3. lthon and Dulas Valleys near Llandrindod Wells.

13.5.14 The first two areas are considered in some depth in the appraisal and would appear to contain resources that are potentially of regional significance. The latter area is likely to be of local significance only, but is the location for the only existing extraction site. The potential areas for extraction lie within the geomorphologic features of alluvial fans, river terraces, kames and kame terraces, and within river alluvium in the flood plain.

13.5.15 Alluvium is a general name for unconsolidated sediment deposited by a stream or river. It is usually fine-grained silt or clay but can grade into sand and/or gravel. It is only where the sand and gravel exists in large deposits without significant levels of waste (finer material) that the resource is likely to be commercially viable. An alluvial fan is formed where a stream issues from higher ground into a valley i.e. where there is a sharp decrease in gradient and thus water speed. It consists of a relatively low mass of loose sediment, ranging in size from gravel to sand.

13.5.16 The section of the River Severn between Caersws and Penstrowed has been found to be an important geomorphological site. It has been awarded Geological Review Status by the Countryside Council for Wales and is considered to be of national importance. Many of the landform features in the Wye/Llynfi/Dulas valleys above Hay-on-Wye are crucial to the understanding of the geological history of the area during the last glacial period. The area was at the margin of the glaciated region and the features are thus important in revealing the fluctuating climatic changes of that period. It is important that features of geomorphological interest are not obliterated. These constraints along with the absence of reference to them in the MTAN 1: Aggregates (2004) as areas that should be safeguarded lead the Council to believe that it is unnecessary to safeguard any area for sand and gravel extraction. This view is re-inforced by the fact that development would normally be restricted anyway because much of the land lies either within a flood-plain or holds an environmental designation including Sites of Special Scientific Interest and Special Areas of Conservation.

B. Policy Considerations for Sand and Gravel

13.5.17 In view of the apparent very low level of interest from the industry for sand and gravel extraction sites in Powys, there has never been seen to be a need to formulate detailed policies for such. There is no real evidence that the situation has dramatically changed in respect of the demand for sand and gravel extraction sites in the county. There have been no planning applications for sand and gravel workings submitted, other than a "borrow pit" specifically in connection with the Welshpool

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Relief Road. The 1995 Minerals Local Plan contained a policy to specifically encourage the working of sand and gravel where a lake, pond or other wetland would be formed as the beneficial after-use. Despite some work in attempting to encourage such a proposal none has ever come forward. It is therefore proposed to exclude this policy from the current plan. Any planning applications for the working of sand and gravel will be determined using the criteria set out in Policy MW1 - Mining and Waste Disposal.

13.5.18 Shale for Brick-making

13.5.19 Whilst not strictly an aggregate, the extraction of shale for brick making is conveniently dealt with under this section as it, in the Powys context, has much in common with the aggregates industry. There is one site within the County where planning permission exists for the extraction of shale that was, until recently, used for the manufacture of bricks. The site concerned, Buttington Brickworks, is very well screened and has not been a source of major objection or environmental pollution. It was, in part, designated as a SSSI following selection under the former Nature Conservancy Council's Geological Conservation Review procedure. The workings were extended following the grant of planning permission in 1997. The material was not, however, used on site for the manufacture of bricks but was exported to a works remote from the site. Although the local employment case is nowhere near as significant as it was when bricks were made on this site, there may be a good case for a further extension in the future of what is considered a valuable resource. There would need to be very careful assessment of the environmental impact of working and a first class restoration scheme demonstrating significant environmental gains. It is therefore intended to safeguard an area of land for the possible future development of the working area (see Inset Map Mm203).

13.5.20 This policy does not imply that planning permission will automatically be forthcoming to extract brick shale over all or part of the land concerned. Any proposal would be judged in the light of the criteria set out in Policy MW1. It is not thought to be particularly likely that there will be pressures to extract material for brick making elsewhere in the County.

13.5.21 Even if the brick shale quarry is extended it has a relatively limited life. The site could have some potential for suitable economic development proposals subject to satisfactory access being achievable and following the construction of the Buttington Cross to Wollaston Cross relief road and the de-trunking of the A458.

POLICY MW4 - SAFEGUARDING AT BUTTINGTON BRICKWORKS

APPROXIMATELY 13 HECTARES OF LAND TO THE NORTHEAST OF BUTTINGTON BRICKWORKS SHALL BE SAFEGUARDED FOR THE POSSIBLE EXTENSION OF THE MINERAL WORKING AREA. ALTERNATIVE DEVELOPMENT PROPOSALS WHICH WOULD PREJUDICE THE CONSIDERATION OF ANY PLANNING APPLICATION FOR SUCH WORKING OR LIMIT THE ACTUAL WORKING OF THE SHALES WILL BE THE SUBJECT OF VERY CAREFUL SCRUTINY AND WOULD NEED TO DEMONSTRATE A NEED THAT WOULD OUTWEIGH THE ADVANTAGES IN SAFEGUARDING THE POSSIBLE EXTENSION TO THE LIFE OF THE BRICKWORKS.

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13.5.22 Building Stone

13.5.23 There have been two small quarries near Tredomen (Talgarth) and Gladestry (Kington) established over recent years that provide building stone products to the local market. These operations are a valuable source of local stone for historic building repairs and other construction projects where local stone is required or desired. The principle of small quarries providing local building stone for the local market is one that is supported. A description of the quarries is found at the end of this chapter. Any additional site would be judged against the criteria contained in Policies MW1 and MW2 (Hard Rock).

13.5.24 Restoration of Quarry Sites

13.5.25 The after-use and restoration techniques applicable to the hard rock quarries will be very different to other forms of development such as opencast coal sites or sand and gravel workings. (Opencast coal sites are considered later in the chapter). In other cases (apart from wet worked sand and gravel) the former workings are likely to be covered over with soil or soil-forming material with a view to the early reinstatement of vegetative cover. In the case of hard rock quarries the sheer scale of the removal of material, and the nature of the remaining landform, will mean that the majority of the worked faces are likely to remain as exposed rock. Without any restoration most of the remaining cliff type features would be "benched" i.e. they would appear as giant steps.

13.5.26 The County Council will be seeking to disguise such an obviously man-made landscape feature by a variety of techniques. In some cases simply importing material onto the benches (the horizontal elements) and the establishment of trees, shrubs and other plants may be appropriate. More typically the best approach is likely to involve carefully designed blasting of the faces and benches to something of a more natural appearance i.e. mimicking cliffs and scree slopes. The restoration schemes would also be expected to provide possibly quite specialist wildlife habitats, although in many cases it may well be more appropriate to aid the natural but probably slow colonisation of the faces rather than to attempt instant solutions. The after-use of most of the rock quarries in the county will be likely to be wildlife conservation although in some cases unflooded quarry floors may have potential for economic development, recycling facilities or recreational uses, however these uses will only be pursued where public safety can be assured.

13.5.27 It may well be appropriate to consider whether there is any geological interest in the exposures created by the quarrying and the schemes should, where appropriate, create conditions conducive to the maintenance and enhancement of such exposures and, where feasible, enable easy access to such exposures for study purposes. Each case will be very different and there is no suggestion that there is one solution applicable to all. Some cases will involve partial restoration whilst other parts of the quarry continue to operate, but others may have to await the complete cessation of quarrying operations.

POLICY MW5 - RESTORATION OF AGGREGATE AND BUILDING STONE EXTRACTION SITES

ALL NEW PLANNING APPLICATIONS AND PERMISSIONS SUBJECT TO REVIEW WILL REQUIRE THAT A RESTORATION AND AFTERCARE SCHEME BE AGREED IN PRINCIPLE AND A STRATEGY BE SUBMITTED PRIOR TO THE CESSATION

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OF WORKING. WHERE PROGESSIVE RESTORATION IS FEASIBLE THIS WILL BE AN EXPECTATION. WHERE OPPORTUNITIES EXIST FOR VISUAL IMPROVEMENTS OR THE CREATION OF WILDLIFE HABITATS IT IS EXPECTED THAT FINAL OR PROGRESSIVE RESTORATION SCHEMES WILL INCLUDE SUCH.

13.5.28 Recycling and Secondary Aggregates

13.5.29 On a national scale it is seen as being both practicable and highly desirable that material such as road planings and demolition waste should be re-used in building and engineering works. Not only would/does such recycling conserve aggregate reserves, it reduces the amount going into landfill sites or being tipped illegally.

13.5.30 Secondary aggregates are derived from the waste of another process. Overburden and other waste material from the hard rock quarries, and slate waste from former slate quarries in the very north of the County, are the only likely source of material. Officers of the Planning Authority try to assist in efforts to find markets for the hard rock quarry waste in particular.

13.5.31 Borrow Pits

13.5.32 Temporary excavations, or borrow pits as they are known by engineers, are sometimes appropriate where major civil engineering works are being undertaken. Recent examples have been trunk road improvement schemes and the construction of the internal roads for wind farms. If undertaken carefully and in the right sort of location, borrow pits can offer significant advantages over the importation of quarried stone over long distances. This is particularly true if the route from the quarry would involve lorries travelling through a town and/or village. It will become much more common that recycled or secondary aggregates will be available for use and the Council will expect to see evidence that such sources have been properly investigated.

13.5.33 It is strongly recommended that developers or contractors contemplating the creation of a borrow pit should seek early discussions with officers of the Mineral Planning Authority and, indeed, there is a strong preference for borrow pit proposals to form part of the application (and Environmental Impact Assessment) for the project to which they are linked. It is appreciated that the appropriate time for preliminary discussions may well be prior to the submission of tenders to the client (commonly the Welsh Assembly Government or County Council as Highway Authorities), and that without early discussions schemes may prove abortive. It is also recognised that commercial confidentiality may be important but the Mineral Planning Authority are prepared to give undertakings in this respect.

POLICY MW6 - BORROW PITS

TEMPORARY EXCAVATIONS FOR THE EXTRACTION OF AGGREGATES AND/OR CLAY IN CONNECTION WITH A MAJOR CIVIL ENGINEERING OPERATION, REMOTE FROM AN AUTHORISED QUARRY OR SOURCE OF SECONDARY OR RECYCLED AGGREGATE/CLAY, WILL BE ALLOWED WHERE SIGNIFICANT ENVIRONMENTAL ADVANTAGE WOULD BE ACHIEVED BY THE PREVENTION OF HEAVY VEHICLE TRAFFIC PASSING THROUGH SETTLEMENTS, SUBJECT TO THE FOLLOWING CRITERIA:

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1. THE MATERIAL EXTRACTED IS USED SOLELY IN CONNECTION WITH THE OPERATION CONCERNED AND THE SITE IS RESTORED PRIOR TO THE COMPLETION OF THE CIVIL ENGINEERING PROJECT. 2. THE PROPOSALS SHOULD COMPLY WITH RELEVANT CRITERIA IN POLICY MW1. 3. WHERE THE PROPOSAL LIES WITHIN 200M OF A DWELLING/S OR OTHER NOISE SENSITIVE PROPERTY(IES), THE NOISE GENERATED BY THE BORROW PIT OPERATIONS SHOULD NOT SIGNIFICANTLY INCREASE THE NOISE DISTURBANCE EXPERIENCED, ABOVE THAT GENERATED BY THE ASSOCIATED CIVIL ENGINEERING PROJECT. 4. A RESTORATION AND AFTERCARE SCHEME AND STRATEGY SHALL BE SUBMITTED WITH THE PLANNING APPLICATION. WHERE OPPORTUNITIES EXIST FOR VISUAL IMPROVEMENTS OR THE CREATION OF WILDLIFE HABITATS IT IS EXPECTED THAT RESTORATION SCHEMES WILL INCLUDE SUCH.

13.5.34 Coal

13.5.35 The vast majority of the coal to be extracted from within Powys is likely to be by opencast methods. There is so little likelihood of significant underground mining that it is not intended to include specific policies in this respect.

13.5.36 The South Wales coalfield extends into the Southwest tip of Powys in the area around Ystradgynlais. There is one active opencast site at Nant Helen Extension (Inset Map Bm37) and it is operated by Celtic Energy Ltd. This site is due to finish coal extraction in 2012 but there will be a further period of restoration works. Coaling has now been completed on another Celtic Energy site, Brynhenllys Revised but there is still restoration work to be completed. At both sites, and indeed at any likely future sites in Powys, anthracite is/was mined. Anthracite is a high value coal product of limited supply nationally. Much of the coal mined in Powys is used at Aberthaw power station. It can only be won in Carmarthenshire, Neath Port Talbot, Powys and a small part of Rhondda Cynon Taff within the UK and is of top quality in world terms. The alternative to mining domestic anthracite (so long as it is in demand) is to import it, which would clearly be contrary to the national interest in terms of the balance of trade and the local interest in terms of lost employment and income.

13.5.37 Given the limited geographical extent of the Plan area south of the National Park boundary, it is feasible to examine the potential for opencast coal production in some detail. The area is relatively heavily urbanised with Cwmtwrch Isaf and Uchaf straddling the A4068, and Ystradgynlais, Abercraf and smaller settlements forming a more-or-less continuous urban swathe that bisects the area concerned. Coelbren occupies the north-eastern corner. There are other settlements just over the County boundary.

13.5.38 The area to the west of Ystradgynlais has been extensively worked in the past. Most of the area of the Brynhenllys Revised Site has been worked previously. Other sites that were worked many years ago could possibly now contain additional economically workable reserves. Sites that were worked more recently are presumably effectively worked out. All of the area lies close to urban development, is bordering the National Park and some is of ecological value.

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13.5.39 The active Nant Helen site lies to the east of Ystradgynlais. There is considered to be no potential for further opencast working east of Nant Helen. Part of that area is the former Onllwyn opencast site, much of it is urbanised (Coelbren) and the remainder is of considerable ecological importance and designated a Site of Special Scientific Interest. The Nant Helen site is skirted by the formation of the archaeologically significant "Brecon Forest Tramroad", a Scheduled Ancient Monument.

13.5.40 To the southwest of Nant Helen lies the Nant Helen Extension site but beyond that lies the remainder of what was once known as the Nant Gyrlais site. Those areas of the Nant Gyrlais site that lie outside the Nant Helen Extension are likely to be considered to be inappropriately located in relation to residential development. Such areas would not be worked until the Nant Helen Extension was largely or wholly completed and thus even if Celtic Energy (or any other developer) chose to apply for planning permission it is unlikely to be for many years. Any planning application would clearly be treated upon its merits at that time. There is seen to be no need to safeguard this resource as it largely lies below common land.

13.5.41 The remaining undeveloped area, to the south-west of Nant Gyrlais and to the south of Ystradgynlais is close to urban areas, is crossed by electricity transmission pylons, is in part very steeply sloping and is visually exposed. There would appear to be little, if any, potential for opencast working in this area.

13.5.42 Celtic Energy Ltd has informed the Council that it is unlikely, in view of the above constraints, that any planning applications for major coal working will be made in the next decade at least. Any planning applications that are received will be judged against the criteria in Policy MW1. Restoration of opencast coal sites is addressed by Policy MW20.

POLICY MW6A - COAL EXTRACTION

PROPOSALS FOR THE EXTRACTION OF COAL WILL BE DETERMINED IN ACCORDANCE WITH POLICY MW1. APPLICATIONS FOR COAL EXTRACTION WILL BE REFUSED IN THE FOLLOWING LOCATIONS:

 ALL SITES TO THE WEST OF THE B4599 / RIVER TAWE;  ALL SITES (A) TO THE NORTH AND (B) TO THE WEST OF THE PERMITTED WORKING AREA OF NANT HELEN OPEN CAST COAL SITE AS SHOWN ON INSET MAP BM37.

13.5.43 Coal Bed Methane

13.5.44 Methane, a colour-less, odour-less and highly inflammable gas is locked into undisturbed coal seams. Working or otherwise disturbing coal will release the methane and this becomes a problem on two counts. The well-documented and historically very important problem relates to the potential for explosions in underground workings. The more recently understood problem relates to global warming because methane is now known to be a very potent “greenhouse gas”. For both reasons it is important that methane emissions are controlled and the best solution (adopted, for instance, at Tower Colliery near Hirwaun) is to capture the gas and burn it to generate electricity (or heat energy). The County Council would wish to support schemes that aim to capture and productively utilise coal-bed methane particularly in circumstances where the methane would find its way into the atmosphere anyway. This support is clearly

Minerals and Waste 182 Powys County Council UDP 2001-2016 Adopted March 2010 ______not unconditional but as any proposal is likely to be ancillary to another development there is no specific policy proposed (see also energy chapter).

13.5.45 Metal Mining

13.5.46 The mining of heavy metals by underground methods no longer takes place within Powys. It was once, however, an important part of the scene, particularly in the area of Montgomeryshire between Llanidloes and Machynlleth. The legacy of poisonous mining waste such as that at Y Fan and Dylife are only too obvious reminders of the past activity, although they do not really give anywhere near an accurate impression of the scale of the operations involved.

13.5.47 It is not entirely unlikely that heavy metal mining in Powys may, possibly within the life of this plan, become economically viable again. World prices for heavy metal ores fluctuate and should they rise sufficiently, interest in re-opening one of the former mines may materialise. Any proposals will be judged under the general Policy MW1 along with those in the Generic Policies chapter. It is considered that any proposal, which is likely to be on a small scale only, would have to be treated very much on its merits. The general policy simply highlights most of the likely issues. It is inevitable that specialist advice would need to be sought at the time and it is difficult to foresee a situation whereby a formal Environmental Statement would not be required.

13.5.48 It would clearly be unacceptable to continue the past practice of storing vast quantities of poisonous waste on the surface and this issue would need to be resolved early in the formulation of a proposal. Early contact with the Countryside Council for Wales in respect of the possible use of old adits, etc. by bats or other protected species would also be advised as pre-application exploratory activity may well be sufficient to disturb such species.

13.5.49 Mineral Tip Reprocessing

13.5.50 There are several distinct types of spoil tips in the County, but those that are most likely to be the subject of specific planning applications relate to coal and heavy metals. Most of the coal spoil tips have now re-vegetated and there would appear to be very little to be gained, in environmental terms, in seeing them "reclaimed". The cultural, historical and archaeological significance of spoil tips also needs to be recognised.

13.5.51 The recovery of useful ores from heavy metal wastes is likely to involve regrinding the material, thus increasing its surface area and thereby it’s potential as a pollutant when it is re-spread. Whilst there is a significant land reclamation problem with such wastes, metal recovery is not seen as having a useful role to play at present.

POLICY MW7 - REWORKING OF MINERAL SPOIL

PROPOSALS FOR THE REWORKING OF OLD SPOIL TIPS WILL BE PERMITTED WHERE IT CAN BE DEMONSTRATED THAT SUCH WORKING WOULD:

1. PRODUCE POSITIVE ENVIRONMENTAL AND AFTER-USE BENEFITS, FOLLOWING THE IMPLEMENTATION OF A RESTORATION SCHEME, WHICH SHOULD NORMALLY BE GUARANTEED BY A BOND OR OTHER FINANCIAL MEASURE SECURED THROUGH NEGOTIATION. 2. SATISFY THE APPLICABLE CRITERIA OF POLICY MW1 AND MW20.

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3. INCLUDE PROVISION FOR THE TIP MATERIAL TO BE REPROCESSED AT SOURCE ON THE TIP SITE ITSELF AND THE WASTE MATERIAL NOT TRANSPORTED ELSEWHERE, UNLESS THERE ARE ENVIRONMENTAL ADVANTAGES IN TRANSPORTATION TO A NEARBY PROCESSING FACILITY WHICH WOULD NOT GIVE RISE TO UNACCEPTABLE AMENITY OR ENVIRONMENTAL PROBLEMS.

PROPOSALS WILL BE EXPECTED TO INCLUDE FULL AND ADEQUATE PROVISIONS FOR THE PREVENTION OF POLLUTION OF WATERCOURSES AND GROUNDWATER.

13.5.52 Blasting Vibration and Air Over-Pressure

13.5.53 Blasting is another very controversial subject, although the sensitivity of individuals to its effects outside the development site varies considerably. Some people seem to be able to sense ground vibrations at very low levels whilst others may be oblivious to much higher levels. The intensity of a blast as measured by ground vibrations does not appear to correlate very well with the often much more noticeable "air over-pressure." It is the latter phenomenon that rattles windows and is probably the subject of the most complaints, even though it is not always identified as the problem by the complainants.

13.5.54 Ground vibration can be relatively easily measured and monitored by specialist equipment which most of the larger mineral operators and the County Council own. There is very little directly relevant research into the impact of ground vibrations upon the structure of buildings. Most of the research has been carried out in the USA but the buildings concerned were not of a construction type typical of this County. The figure that is commonly referred to as being a "safe" limit for blasting vibration is 12 mm per second, peak particle velocity (PPV). Experience tends to indicate that complaints can be forth-coming at very low figures but that any reading above 3 mm per second is very likely to attract complaints particularly when the person concerned is unfamiliar with blasting (for instance because the site is new or the person has just moved into the area).

13.5.55 Air over-pressure is a far more difficult phenomenon to monitor. As blasting technology has advanced, the problem has been very significantly reduced. The more the detonation and explosion can be contained within the rock that is to be broken, the lower the likelihood of air over-pressure problems. Air over-pressure effectively arises from wasted explosive energy and it is thus in everyone's interest that it be minimised.

POLICY MW8 - BLASTING

BLASTING OPERATIONS MUST BE DESIGNED SO AS TO REDUCE GROUND VIBRATION AND AIR OVERPRESSURE AT THE NEAREST OCCUPIED DWELLINGS OR OTHER SENSITIVE PROPERTIES TO MINIMUM LEVELS CONSISTENT WITH SAFE AND EFFICIENT BLASTING PRACTICE. THE MAXIMUM LEVEL FOR GROUND VIBRATION SHOULD BE NO HIGHER THAN 10 MM/SEC. PPV, AND ROUTINE/NORMAL LEVELS SHOULD BE VERY CONSIDERABLY LESS THAN THE MAXIMUM. ANY PROPOSAL THAT IS PREDICTED TO INVOLVE MORE THAN 5% OF BLASTS IN ANY SIX-MONTH PERIOD EXCEEDING 6 MM/SEC, PPV WILL NOT BE PERMITTED. THE TIMING OF BLASTING WILL BE STRICTLY CONTROLLED BY PLANNING CONDITION AND WILL BE EXPECTED TO BE

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RESTRICTED TO THE CORE HOURS OF THE WORKING DAY (PRECISE HOURS TO BE AGREED).

13.5.56 Peat

13.5.57 There is no known commercial exploitation of the peat resources of the County. Such deposits are almost entirely within upland areas and are invariably of significant ecological value. Peat deposits, particularly where permanently waterlogged, provide a valuable archaeological and biological record, as objects large and small are preserved under the anaerobic conditions. It is difficult to contemplate any circumstances under which commercial peat extraction would be considered acceptable.

POLICY MW9 - PEAT EXTRACTION

PROPOSALS FOR PEAT EXTRACTION WILL ONLY BE PERMITTED IN AREAS THAT ARE ALREADY DAMAGED BY HUMAN ACTIVITY AND WHERE THE OVERALL PROPOSAL, INCLUDING THE PROPOSED RESTORATION SCHEME, WILL LEAD TO AN IMPROVEMENT IN THE SITE’S NATURE CONSERVATION VALUE. PROPOSALS WILL NEED TO COMPLY WITH ALL OF THE RELEVANT CRITERIA OF POLICY MW1.

13.6 Waste Disposal and Management

13.6.1 The County Council is committed to a high standard of waste management with as much material as possible diverted from the waste stream before the final disposal option is implemented. The Council’s Waste Management Strategy and Recycling Plan sets out in some detail its approach to these issues and takes full account of the “proximity principle” where this is practicable (the principle that suggests that each locality should, in general, deal with its own waste in its own area). The plan focuses very much on the best practicable environmental option as its determining principle. It is necessary for this Plan to reflect the Strategy and seek to accommodate those developments that are identified as being essential/desirable. That Strategy will be reviewed regularly to keep pace with the changes that are occurring in this industry/service.

13.6.2 This Plan and the Council’s Waste Management and Recycling Plan have been strongly influenced by the Regional Waste Plans recently adopted for North and South East Wales. The process of joint working at a regional level has assisted the Council in assessing available options and their respective land-use requirements with the aim of regional self-sufficiency. The Waste Management Strategy, that is available from the Council’s Waste Management Section, will provide most detail at the local level but the wider context can be seen in the two regional plans. The UDP sets out the land use policies for all waste streams in Powys including municipal waste, industrial and commercial waste and hazardous waste.

13.6.3 Whilst the effective management of current and future waste is a major issue for this Plan, so too are the legacies of previous waste disposal practices. A waste disposal site will remain contaminated for many decades to come. Leachate will issue from decomposing waste and gases (including the potentially explosive methane) will find their way to the surface, even possibly some distance from the site. It is important, therefore, that the Local Planning Authority is aware of the location of all former sites

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13.6.4 Final Disposal Options

13.6.5 The favoured waste management options for North Wales and SE Wales, as set out in the Regional Waste Plans both involve utilisation of a technology known as Mechanical and Biological Treatment (MBT). This involves residual waste (i.e. all that remains following best efforts to re-use, recycle and compost) being taken through mechanical and biological treatment that facilitates volume reduction (largely by driving off much of the water content), aerobic decomposition and further material recovery. The non-recyclate output from this process still needs to be either burnt (usually in the form of refuse derived fuel (RDF)) or taken to landfill/raising. It is seen as being unlikely that any waste management company will choose sparsely populated Powys as a location for an MBT plant other than at the existing waste disposal site where it may well be argued that an MBT process is already being undertaken. Conversely it is also unlikely that domestic waste from Powys is likely to be transported to a distant MBT plant just to be shipped back (albeit in a reduced and modified form) to be landfilled here. If material is transported out of the County to an MBT plant it is, therefore, rather unlikely that it would ever come back.

13.6.6 The North Wales Waste Plan includes a requirement for energy from waste plant as well as the MBT option. Straight incineration is not considered to be cost- effective or the best environmental option for a county as large and sparsely populated as Powys but it may be a reasonable regional solution into which all or some of Montgomeryshire’s residual waste could be transported. Emerging technology that converts organic wastes to emulsions/oils or gases for utilisation in electricity generating engines may be appropriate at the smaller-scale and thus appropriate in Powys but there is no question of the technology being at a stage whereby it can be relied upon to solve the waste residual management issues of rural Mid Wales. Clean wood waste can be pelletised and used in domestic stoves and boilers and this is best undertaken in or close to industrial operations that produce it. From all waste to energy technologies there remains a residue that needs to be disposed of to land. Whilst the plan is, therefore, to continue to strive for a reduction in the amount of material going to landfill/raising there is inevitably a requirement for such sites unless the answer is to simply export our waste to other counties. It is certainly anticipated at this stage that Brynposteg will have sufficient capacity for this plan period and beyond and indeed the Council will consider it to be a failure of policy implementation if this is not the case. The Waste Strategy will continue to keep this issue under regular review.

13.6.7 Domestic (municipal) waste is the responsibility of the County Council in terms of its collection and disposal but the local authority is no longer the operator of its own disposal sites. It operates contracts with the private sector and there are two such arrangements in place, both of which are long-term. The waste from the majority of the County now goes to the Bryn Posteg site near Llanidloes with the exception of the Ystradgynlais area where the waste goes out of the County at present. A planning permission to extend the Bryn Posteg site was granted in 2000 and this, along with efforts to recycle material before it reaches the site and prior to final disposal, should see sufficient provision for domestic waste disposal in Powys for the whole of this Plan period. Quantities of trade or industrial waste in Powys are not such as to require special provision in terms of additional tipping space and can generally be accommodated with the domestic waste or to specialist disposal facilities out of the

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County. There is, however, one site in the County that takes trade, industrial and some construction waste and this is located above Lower Cwmtwrch, close to Ystradgynlais. An extension to the Tir Canol site, as it is known, was granted in September 2003. The waste stream in this very rural county is atypical of the nation as a whole with a far higher proportion than the average being domestic waste.

13.6.8 Construction waste and other similar material (largely though not entirely inert) form a very large quantity of waste and this generally needs to be accommodated close to its point of arising. Much of it appears to be used in engineering or construction projects as fill and soil is often utilised in gardens or agricultural situations. This is not always authorised and it is suspected that construction waste is often tipped in locations other than legitimate and authorised sites. There are few authorised construction waste sites across the County and there is a need for more. New and anticipated legislation will mean that construction and demolition waste will become much more tightly regulated and there will be a growing requirement for facilities that that can sort, process and re-use and recycle such waste.

13.6.9 In the unlikely event that further landfill/raising for the domestic/industrial waste stream is required, the Council will determine such proposals in accordance with Policy MW1, coupled with the Environmental Impact Assessment process.

13.6.10 The restoration of waste disposal sites is covered by Policy MW20 in the Technical Policies section of this chapter because the principles involved in restoring an opencast coal site are very similar.

13.6.11 Waste Collection and Transfer Facilities

13.6.12 The Waste Management Strategy sets out specific objectives in respect of facilities such as civic amenity sites (sites where the public can deposit bulky items, garden waste, sump oil etc) and recycling “bring-sites”, and less geographically specific aspirations in respect of recycling, small-scale energy recovery and composting. The issue of whether the County needs another Materials Recovery Facility to supplement that which already exists at Trewern has been recently examined. It was decided that it was not, at present, the best option but this matter will be kept under review. If it is decided that such a facility is required, it would almost certainly be within the Brecon area and thus possibly not within this Plan area (Brecon Beacons National Park). The operation would not be out of place on industrial land and thus there is no specific need to identify a specific site.

13.6.13 Recycling bring-sites do not generally require planning permission so there are few implications for the Unitary Development Plan. The number of sites and the range of materials collected at some of the existing sites are capable of expansion. Opportunities for such developments in the network will be vigorously pursued and one such opportunity may be within the complex of any new retail stores.

13.6.14 Civic amenity sites have been identified in or close to Newtown, Welshpool, Llandrindod Wells, Brecon, Machynlleth and Ystradgynlais. An additional site is anticipated in the Knighton/Presteigne area and one further site is planned but the location is yet to be finalised. They would normally be situated in an industrial estate or perhaps associated with an existing waste management operation. Such sites are licensed by the Environment Agency and experience suggests that there is little difficulty in terms of public amenity so long as the facilities are well sited and

Minerals and Waste 187 Powys County Council UDP 2001-2016 Adopted March 2010 ______managed. A recent review of waste collection services has determined that operational efficiency gains could be made if new Transfer Stations were to be put in place. The areas of Welshpool and Penybont/Llandegley are the two areas that have been identified as potential locations for additional Transfer Stations, although detailed investigations will need to be undertaken before precise sites can be identified or allocated. These will also provide opportunities to divert some of the waste away from the final disposal site as well as saving transport fuel/emissions by bulking up waste into fewer vehicles. Whilst it may be possible to accommodate such facilities on existing industrial/commercial sites, it is also quite likely that this may not be realistic at all locations. In addition to the construction of transfer stations for municipal waste, the Council will also be generally supportive of transfer station proposals coming forward for the handling of commercial and industrial waste.

POLICY MW10 - ADDITIONAL WASTE TRANSFER STATIONS

A. A NEW WASTE TRANSFER STATION FOR THE HANDLING OF MUNICIPAL WASTE WILL BE PERMITTED IN EACH OF THE FOLLOWING LOCATIONS SUBJECT TO COMPLIANCE WITH CRITERIA 1-3 BELOW:  WELSHPOOL; AND  PENYBONT/LLANDEGLEY.

B. PROPOSALS FOR COMMERCIAL AND INDUSTRIAL WASTE TRANSFER STATIONS WILL BE PERMITTED SUBJECT TO COMPLIANCE WITH THE FOLLOWING CRITERIA:

1. OPERATIONS AND VEHICULAR MOVEMENTS, EXCLUDING MAINTENANCE AND OTHER WORKS ESSENTIAL FOR SAFETY AND POLLUTION CONTROL, SHOULD TAKE PLACE ONLY BETWEEN THE HOURS OF 08.00 AND 18.00 ON MONDAYS TO FRIDAYS AND 08.00 AND 13.00 ON SATURDAYS. 2. PROPOSALS WILL BE EXPECTED TO INCLUDE ODOUR, DUST AND LITTER CONTROL MEASURES OF A VERY HIGH STANDARD BUT SHOULD NEVER- THE-LESS BE AT LEAST 250m FROM THE NEAREST DWELLING OR OTHER SENSITIVE PROPERTY. 3. PROPOSALS SHALL COMPLY WITH POLICY MW1.

13.6.15 Waste Processing Sites

13.6.16 Sites that might receive and process waste in some way vary tremendously in terms of their impacts upon neighbouring land and buildings. Some of the more likely uses might be scrap car operations, central composting, worm farming, small- scale incineration for heating purposes (cardboard or waste timber for instance), furniture repair and re-use and secondary aggregate production. It is seen as being of considerable importance, particularly given new and impending waste management legislation, that facilities are put in place for the sorting and processing of construction, demolition and other waste of a similar character. Each recycling/re-use/composting proposal would have to be treated on its individual merits (although not all of them would require planning permission on every occasion) but the Council does have an overall policy to encourage such uses as they remove material from the disposal to land option. Farms may be suitable for windrow composting in accordance with farm diversification Policy EC7. The Council would, however, not wish to see a proliferation of poorly run establishments where there is a poor understanding of the processes involved or the environmental protection measures necessary. Central composting

Minerals and Waste 188 Powys County Council UDP 2001-2016 Adopted March 2010 ______schemes may be an example of an operation that requires skill and commitment above that which may be apparent from a cursory examination of the subject.

POLICY MW11 - CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT FACILITIES, CENTRAL (WINDROW) COMPOSTING AND OTHER SIMILAR WASTE MANAGEMENT OPERATIONS

PLANNING PERMISSION WILL BE GRANTED FOR SUCH FACILITIES WHERE PROPOSALS ARE IN ACCORD WITH THE COUNCIL’S WASTE MANAGEMENT/RECYCLING PLAN WHERE APPROPRIATE AND WHERE THE CRITERIA SET OUT UNDER POLICY MW10 CAN BE MET IN FULL.

13.6.16A Sites on general business sites would be suitable for many of the future waste facilities including waste processing and treatment facilities, transfer stations and possibly mechanical biological treatment, in vessel composting and anaerobic digestion. Industrial sites are not likely to be suitable for landfill or windrow composting; the latter are more suitable on farms as part of farm diversification.

POLICY MW11A - SITES FOR WASTE MANAGEMENT FACILITIES

WASTE MANAGEMENT FACILITIES, INCLUDING DISPOSAL AND TREATMENT PLANT, WILL BE PERMITTED ON GENERAL BUSINESS SITES LISTED FOR B2 USES AS IDENTIFIED IN POLICY EC2 SUBJECT TO THEIR COMPLIANCE WITH POLICY MW1.

13.6.17 Specialist and Other Waste

13.6.18 There are a number of other waste management operations that will require planning permission e.g. small-scale (particularly “in-vessel”) composting, small-scale recycling and re-use operations that are housed in buildings, that are not the subject of a specific policy but are very much supported. Policy MW1 and the Plan’s Generic policies are seen as being adequate to control such proposals.

13.6.19 Some waste operations are likely to involve incineration as the current best practice for safe disposal. This might include, for instance, some hospital wastes and animal carcasses. There may be many occasions where such units may be small enough and sited so as to not require planning permission and it is almost always going to be other legislation that will control/regulate emissions from such plant. Where planning applications are submitted Policy MW1 and Policy E2 of the Energy Chapter can be used as a policy base although it is probably unlikely that energy recovery will be involved in such units. Anaerobic digestion also has potential to deal with some of these wastes and Policy E2 is again appropriate. Anaerobic digestion can be a very effective method of both rendering wastes into valuable agricultural/horticultural fertiliser and producing renewable energy.

13.6.20 Special and hazardous waste arisings in Powys are relatively small and do not justify the operation of specialist disposal facilities other than that already provided at civic amenity sites. Special and hazardous waste is exported from the County to various contractors (depending on where the waste arises) and it is envisaged that this situation will continue.

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13.6.21 Waste Disposal as an After-use of Mineral Working Sites

13.6.22 Although there are no proposals to use any of the currently working mineral sites in Powys for waste disposal, it is considered to be potentially valuable to briefly discuss a critically important likely requirement of such a use if future proposals come forward.

13.6.23 Landfill sites for anything other than strictly inert material now need to be lined with an impervious layer or membrane to prevent the escape of leachate. In most cases the membrane would be most appropriate. The standard near vertical faces in a hard rock quarry render the lining of such a void very difficult. Where an after-use of landfill, other than for inert material only, is proposed therefore, the faces and benches of the worked out quarry should be designed well in advance to accommodate the waterproof membrane. Any mineral working below a water table is likely to seriously reduce reinstatement options particularly with respect to waste disposal.

POLICY MW12 - WASTE DISPOSAL AFTER-USE FOR A MINERALS VOID

ANY PROPOSAL FOR NEW OR EXTENDED MINERAL WORKINGS, WHICH INCORPORATES AN AFTER-USE OF NON-INERT WASTE DISPOSAL, SHOULD BE SPECIFICALLY DESIGNED TO ACCOMMODATE FUTURE LEACHATE CONTROL BARRIERS. THIS WILL NORMALLY NECESSITATE THE INTRODUCTION OF NON-VERTICAL FACES.

13.7 Technical Policies Applicable to Minerals and Waste Operations

13.7.1 Having examined the issues on a mineral-by-mineral basis and looked at the waste disposal problems, there now follows a review of the issues that are often common to all mineral workings and most waste disposal operations. In some cases it is possible to quantify standards that the Mineral and Waste Planning Authority will be looking to achieve but in others the policies are rather more general. The minerals and waste industries, certainly those parts that are represented by the trade bodies, are responsive to public opinion and take a responsible attitude. Batneec is an acronym that is widely used in the minerals industry. It stands for "best available techniques not entailing excessive cost" and is not therefore often translated into planning conditions by virtue of its lack of precision. It is never the less a useful concept for policy formulation in circumstances where it is difficult to be precise or where monitoring is currently impracticable.

13.7.2 Transportation and Access onto the Public Road Network

13.7.3 The first choices for the transportation of aggregates (other than hot tar coated materials) are rail and water. Whilst no material currently leaves Powys by either form of transport at present it is not seen as being inevitable that this situation will always prevail. The County Council would very much support and encourage moves in this direction. It is clearly of considerable importance that the access point from the mineral working and waste disposal site onto the public road network is of a standard that maintains highway safety and that the road network is suitable. The following policy represents the position of the County Council and not that of the Welsh Assembly Government (WAG), which is directly responsible for trunk roads. The WAG may have more stringent requirements.

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POLICY MW13 - ACCESS ONTO A HIGHWAY

THE VEHICULAR ACCESS FROM A PROPOSED MINERAL WORKING OR WASTE DISPOSAL SITE ONTO THE PUBLIC HIGHWAY SHOULD NOT PREJUDICE HIGHWAY SAFETY AND SHALL COMPLY WITH GENERIC POLICY GP4. WHERE ENGINEERING OR DEMOLITION WORKS, OR TREE, SHRUB OR HEDGEROW REMOVAL ARE PROPOSED IN ORDER TO ATTAIN REQUISITE HIGHWAY STANDARDS, APPLICATIONS WILL BE SUBJECT TO CAREFUL CONSIDERATION AND APPROPRIATE AMELIORATIVE MEASURES SHOULD BE INCLUDED WITHIN THE DEVELOPMENT PROPOSALS.

13.7.4 Noise and Reversing Alarms

13.7.5 The County Council's policy in this respect follows the limits set in MTAN1: Aggregates 2004 and utilises the advice in the report entitled "The Control of Noise at Surface Mineral Workings", prepared for the Department of the Environment by WS Atkins Engineering Sciences Ltd (1990). This document is referred to in the advice document Mineral Planning Policy Wales. Although it refers specifically to mineral working sites, the principles hold good for waste disposal sites too. The important elements of the report which relate to the formulation of this policy are:

1. The most important points to consider in terms of the setting of noise limits are noise sensitive properties such as houses or schools. 2. The most practical places from which to measure noise generated by the mineral extraction activities are often on or close to the mineral site boundary. 3. The attenuation of noise by baffles, distance and "soft ground" can be calculated relatively easily and thus limits that relate to the noise sensitive properties can be set for agreed locations on or within the mineral or waste site boundary.

13.7.6 The procedure proposed would involve identifying the properties that would be sensitive to an increase in noise levels. Limits at various times of the day are then set. Having agreed, with the developer, suitable monitoring points on or close to the mineral or waste site boundary, the necessary calculations would be made to determine the noise limits at those points which would mean that the original limits at the noise sensitive properties are not exceeded. It is the limit at the monitoring point that appears in the planning conditions. It will almost always be higher than the limit at the noise sensitive property. It is the extra distance and possibly land form that reduces the noise to or below the recommended levels.

POLICY MW14 – NOISE*

PROPOSALS FOR MINERAL WORKING AND WASTE DISPOSAL SITES, OTHER THAN BORROW PITS/WASTE DISPOSAL ASSOCIATED WITH ENGINEERING SCHEMES AND WITH VERY LIMITED WORKING LIVES, SHOULD BE DESIGNED TO COMPLY WITH THE FOLLOWING CRITERIA:

1. THE NOISE ATTRIBUTABLE TO THE WORKING OPERATIONS AT ANY NEARBY RESIDENTIAL, EDUCATIONAL OR OTHER NOISE SENSITIVE PROPERTIES SHOULD NOT EXCEED: A. BETWEEN THE HOURS OF 0700 - 1900  55 DB(A) (1 HOUR), WHERE BACKGROUND NOISE LEVELS EXCEED 45 DB(A).

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 BACKGROUND NOISE LEVELS + 10 DB(A) (1 HOUR), WHERE BACKGROUND NOISE LEVELS ARE LESS THAN 45 DB(A). B. BETWEEN THE HOURS OF 1900 - 0700  42 DB(A). 2. THE NOISE SHOULD BE MONITORED AT SEVERAL POINTS ON OR NEAR THE BOUNDARY OF THE WORKING SITE THAT ARE CHOSEN TO BE LARGELY FREE OF EXTRANEOUS NOISE AND SUITABLY POSITIONED IN RELATION TO THE NOISE SENSITIVE PROPERTIES. THE LIMITS AT THESE POINTS SHOULD ENSURE THAT THE LIMITS AT THE NOISE SENSITIVE PROPERTIES ARE NOT EXCEEDED AND MAY BE CALCULATED BY USING THE PREDICTION METHODS CONTAINED IN BS5228 AND TAKING INTO ACCOUNT THE ATTENUATION PROVIDED BY DISTANCE, SOFT GROUND AND BARRIERS. 3. ALTHOUGH THERE WOULD BE LIKELY TO BE NO SPECIFIED LIMITS TO NOISE EMISSIONS DURING SITE PREPARATION AND BAFFLE CONSTRUCTION PERIODS OF THE OVERALL OPERATION, THE PLANNING AUTHORITY WOULD NEED TO BE CONVINCED THAT SUCH OPERATIONS WOULD NOT PRESENT AN UNACCEPTABLE IMPACT ON THE AMENITIES OF LOCAL INHABITANTS.

*NOTE: All noise limits in Policy MW14 are to be taken as “freefield” measurements, i.e. at least 3.5 metres away from a building’s facade.

13.7.7 The noise produced by vehicle reversing alarms is almost universally quoted as being that which is found most annoying. Such alarms are extensively used in quarries, opencast and waste disposal sites and are often a source of complaint. Technology in respect of such alarms is constantly being refined and the Council would encourage applicants and existing operators to research this issue carefully. Noise limits are unlikely to have any material impact upon this issue as it is the tonal quality of the alarm rather than its loudness that causes the problem.

POLICY MW15 - REVERSING ALARMS

PROPOSALS FOR NEW MINERAL WORKINGS/WASTE DISPOSAL SITES OR THE EXTENSION OF EXISTING WORKINGS/SITES WILL BE REQUIRED TO INCLUDE MEASURES TO LIMIT TO A MINIMUM (CONSISTENT WITH SAFE WORKING) DISTURBANCE TO THE OCCUPIERS AND USERS OF NEIGHBOURING PROPERTIES BY REASON OF VEHICLE REVERSING ALARMS OR OTHER NOISES WITH OUTSTANDING TONAL QUALITIES. APPLICANTS WILL NEED TO DEMONSTRATE THAT THE MOST APPROPRIATE OPTION(S) HAVE BEEN ADOPTED.

13.7.8 The Control of Dust and Litter

13.7.9 Dust emissions from mineral working and waste disposal sites are almost always, to one degree or another, seen as being a problem by those living and working in close proximity. In some case there is little doubt that the mineral operation is unfairly blamed for a proportion of the dust that falls upon the neighbouring areas (trans-continental air masses can carry large quantities of fine dust particles). In some cases, however, dust complaints are fully justified. Dust emissions will probably always be an issue when mineral working is concerned but the controls introduced under the Environmental Protection Act should make an important contribution to dust

Minerals and Waste 192 Powys County Council UDP 2001-2016 Adopted March 2010 ______control. The County Council will continue to give careful consideration to the dust issue when considering mineral planning applications, recognising that, with the best will in the world, total dust control on most quarry or opencast sites is effectively impossible. Whilst dust is generally less of an issue on waste disposal sites, its equivalent is litter that is picked up by strong winds and blown onto adjacent land. This is clearly an issue that must be very carefully controlled.

13.7.10 The policy below recognises that dust/litter control is not a precise science and that definable limits cannot currently be established in an enforceable and reasonable manner. "Best available techniques not entailing excessive cost (Batneec)" is a concept that is borrowed from Health and Safety legislation and is not usually applied in Town and Country Planning policies. In this case there is overlap between the two sets of legislation and the Planning Authority will exercise care in this respect when dealing with the dust/litter issue.

POLICY MW16 - DUST AND LITTER

ALL DEVELOPMENT PROPOSALS FOR MINERAL WORKING OR WASTE DISPOSAL OR PROCESSING OF MINERALS OR WASTE WILL BE REQUIRED TO INCLUDE ACCEPTABLE PROPOSALS IN RESPECT OF DUST AND, WHERE APPROPRIATE, LITTER CONTROL MEASURES. IT IS ANTICIPATED THAT THE PRINCIPLE THAT WOULD BE ADOPTED WOULD BE THAT OF "BEST AVAILABLE TECHNIQUES NOT ENTAILING EXCESSIVE COST".

13.7.11 Landscape Conservation

13.7.12 There are very few parts of the County of Powys that are not of high landscape value, although none of the Plan area is covered by a statutory landscape designation (i.e. National Park, Heritage Coast or Areas of Outstanding Natural Beauty). The working of minerals or the deposit of waste on anything but the smallest scale would be likely to alter the landscape significantly. In some cases a temporary negative impact could be replaced by a longer-term benefit (e.g. a well designed and sited wet-worked sand and gravel extraction) but in many cases the losses would be likely to outweigh the gains.

13.7.13 Due regard will have to be paid to the setting of the Brecon Beacons and Snowdonia National Parks which both immediately abut the Plan area. In the north of the Plan area, the National Park boundary largely coincides with the county boundary, but in the south, this is not the case. Development proposals are all very different in character and it is difficult to envisage the adoption of a workable policy on more than a very generalised format. A high standard of landscape design will be expected in all cases and proposals will be expected to be appropriate and sensitive to the character of the surrounding landscape in order to be consistent with Policy ENV2 in the Environment chapter of this plan.

13.7.14 Nature Conservation

13.7.15 Powys is a county that is blessed with a range of rich and varied wildlife habitats. Particularly having regard to the severe loss or degradation of native wildlife habitats over recent decades (both locally and nationally) the County Council considers that the conservation and enhancement of sites of ecological importance warrants a high priority. Sites that enjoy a statutory designation such as (biological) SSSI (Site of Special Scientific Interest) will generally be subject to a very high degree

Minerals and Waste 193 Powys County Council UDP 2001-2016 Adopted March 2010 ______of protection. Sites that may have no existing designation but are nevertheless seen as being of importance will also be the subject of careful examination. Proposals that include the compensatory provisions for habitats destroyed or disrupted will usually need to be well researched and very attractive. Moving or replicating habitats that were established, usually over very long time periods, to fit the precise circumstances pertaining to the site, is normally an extremely risk-laden business and is rarely successful. Proposals of this sort will therefore be examined very closely to ensure that any compensatory or mitigation measures are appropriate. Proposals for mineral extraction or waste disposal will be expected to comply with the nature conservation policies in the environment chapter of this plan and will be required to carry out an assessment of the ecological value of the site affected.

13.7.16 In some cases the required ecological assessment will constitute nothing more than a general description of the application site in wildlife habitat terms. If for instance the entire site constitutes improved grassland there would probably be no need to expand the assessment. On the other hand unimproved grassland or heath land would necessitate a far more detailed survey. Any site that includes wetlands or marshy areas will always require detailed assessment. Help with the surveys and advice on the level of detail required may be available from the Planning Authority and the Countryside Council for Wales. Reference should be made to the Local Biodiversity Action Plan for Powys.

13.7.17 Settlement Lagoons

13.7.18 The construction of lagoons is often a requirement of pollution control, in that it is necessary to have a means of reducing the content of suspended solids in surface water that runs off the site, haul roads, stocking areas, etc.. Although there is a requirement to be able to clean out the accumulated solids and it is probable that there would need to be some strongly "engineered" features, there is often no real reason why the lagoon should not be designed from the outset with an after-use of a wildlife pond in mind. Vegetation could be introduced onto the periphery at a very early stage and indeed species such as Common Reeds could play a valuable role in pollution control. Care does have to be taken in implementing this policy because settlement lagoons, particularly when in “active” use, can be a public safety hazard.

POLICY MW17 - SETTLEMENT LAGOONS

WHERE WATER SETTLEMENT LAGOONS ARE PROPOSED OR ARE REQUIRED AS PART OF A MINERALS OR WASTE DEVELOPMENT, WHEREVER POSSIBLE AND NECESSARY SUCH FEATURES MUST BE DESIGNED IN A MANNER THAT FACILITATES THEIR USE AND RETENTION (POSSIBLY WITH MODIFICATION FOLLOWING THE CESSATION OF WORKS) AS FEATURES OF VALUE AS WILDLIFE HABITATS.

13.7.19 Geomorphology, Archaeology and Structures of Historic Interest

13.7.20 Powys has a rich variety of sites, structures and other features of geomorphological, archaeological, historical or architectural importance of all dates and types, the conservation of which is given a high priority by the County Council. Ways in which such sites may affect mineral and waste sites fall into three broad categories:

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1. There is a known feature of such importance within the development area that its presence, and the desirability of its retention within its setting, prejudices the mineral working or waste deposition scheme and may warrant the refusal of planning permission to work the minerals below and around it or deposit waste upon or close to it. Whilst such features would normally constitute SSSI, Scheduled Ancient Monuments and/or Listed Buildings, there may be circumstances where the presence of other buildings or features may also warrant a refusal of planning permission. 2. There is a known feature or structure of interest, which is not of such importance as to warrant a refusal of permission. Under these circumstances the Planning Authority will expect the developer to make provision for any such features to be properly investigated, by an appropriate body, prior to their destruction. Typically this may involve the arrangement of field survey, in some cases archaeological excavation, and the observation of soil stripping, by professional archaeological contractors or geomorphologists. 3. There is no known feature of interest. There may or may not be suspected features or artefacts within the development site. Under these circumstances i.e. in all cases of working sites, developers are expected to comply with the "British Archaeologists and Developers Liaison Group" Code of Practice in respect of the excavation of artefacts and pre-application surveys.

13.7.21 Information about the known archaeological, historic and architectural heritage of the County is contained in the Sites and Monuments Record held by the Curatorial Section of the CIwyd-Powys Archaeological Trust. Inevitably this record only represents the current state of knowledge and may not contain sufficient information to allow the Planning Authority to determine the impact of the scheme on the heritage of a given area. The Council will, therefore, expect developers to adequately assess the archaeological, historic and architectural content of an application site as part of their pre-planning enquiries. Typically this may involve a desktop study and some form of field evaluation carried out by professional archaeological contractors.

13.7.22 In most cases geomorphological or historic features will be clearly visible and the need for a detailed assessment will be easily identifiable. Archaeology is not so straightforward but early contact with the CIwyd-Powys Archaeological Trust will establish whether there is any need to carry out any more than a simple visual inspection of the surface of the site. Policies on the conservation of natural features, historic and archaeological sites are contained within the environment chapter of the plan and new (or reviewed) mineral and waste developments will be expected to comply with these.

13.7.23 Further advice can be found in “Archaeological Investigations Code of Practice for Mineral Operators” (CBI) and the British Archaeologists and Developers Liaison Group Code of Practice. It should be noted that wherever there is reference to archaeology in this Plan it should be taken to include industrial archaeology.

POLICY MW18 - GEOMORPHOLOGY, ARCHAEOLOGY AND HISTORY

ALL PROPOSALS FOR THE WORKING OF MINERALS OR THE DEPOSITION OF WASTE WILL BE REQUIRED TO COMPLY WITH THE RELEVANT POLICIES IN THE ENVIRONMENT CHAPTER OF THE UDP AND TO INCLUDE AN ASSESSMENT OF THE GEOMORPHOLOGICAL, ARCHAEOLOGICAL AND HISTORIC CONTENT AND VALUE OF THE SITE TO BE WORKED OR

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OTHERWISE AFFECTED. PROPOSALS THAT INVOLVE THE DESTRUCTION OF DAMAGE TO OR AN ADVERSE AFFECT ON THE SETTING OF, KNOWN SITES, FEATURES OR STRUCTURES OF GEOMORPHOLOGICAL, ARCHAEOLOGICAL, HISTORIC OR ARCHITECTURAL INTEREST WILL BE THE SUBJECT OF CAREFUL EXAMINATION. IN CASES WHERE THE NEED FOR THE MINERAL OR THE WASTE DISPOSAL FACILITY OUTWEIGHS THE LOSSES INVOLVED, IT WILL BE REQUIRED THAT THE SITE, FEATURE OR BUILDING BE FULLY INVESTIGATED, EVALUATED AND RECORDED BEFORE ANY DEVELOPMENT TAKES PLACE IN THE LOCATION CONCERNED.

13.7.24 Features of Geological Interest

13.7.25 The rock exposures within active or dormant quarries are not infrequently notified as Sites of Special Scientific Interest. Quarries are of interest to geologists. In some cases it may be desirable to leave quarry sides exposed at the cessation of working in order to facilitate visits for educational or research purposes. Where fossil bearing strata exist, larger specimens may sometimes catch the eye of operatives and be rescued. Where safety criteria permit it may be possible to allow researchers or collectors to actively search for fossils. If there are discovered features of geological or palaeontological interest, specialist advice may be sought via the Planning Authority. Much of the research value of a fossil may well be lost if it is removed from its original location before a proper record of its situation and state within the rock can be made. The geological exposures developed by mineral working may be of such importance as to prevent them being lost through waste deposition. This may be a major and possibly even insurmountable constraint in some cases.

POLICY MW19 - DEVELOPMENTS AFFECTING SITES OF GEOLOGICAL OR PALAEONTOLOGICAL INTEREST

WHERE EXCAVATION WORKS ARE KNOWN IN ADVANCE OR ARE SUBSEQUENTLY REVEALED TO BE OF GEOLOGICAL OR PALAEONTOLOGICAL INTEREST, FACILITIES FOR RESEARCH PURPOSES SHOULD BE OFFERED TO SUITABLE EDUCATIONAL, SCIENTIFIC OR CULTURAL ESTABLISHMENTS, IF SAFETY CRITERIA CAN BE MET. WORKED OUT AREAS KNOWN TO BE OF GEOLOGICAL INTEREST, FOR RESEARCH OR EDUCATIONAL REASONS, SHOULD BE CONSIDERED AS SITES APPROPRIATE FOR SUITABLE RESTORATION WHICH ENHANCES THEIR VALUE. THE DISPOSAL OF WASTE IN SUCH SITES WOULD BE THE SUBJECT OF VERY CAREFUL SCRUTINY AND PROPOSALS PREJUDICING IMPORTANT GEOLOGICAL OR PALAEONTOLOGICAL SITES MAY BE REFUSED.

13.7.26 The Restoration of Opencast Coal and Waste Deposition Sites

13.7.27 The standard of restoration of opencast coal sites has been, and no doubt will continue to be, a controversial subject. Even the proponents of the opencast coal industry readily admit that much of past restoration has been of a poor quality. There are some examples in this County of restoration schemes that have been severely criticised and have taken many years to reach an even vaguely acceptable standard but these are now at least 20 years old.

13.7.28 The Mineral Planning Authority accept that British Coal and Celtic Energy have been and remain, committed to the constant improvement of restoration techniques. It is not however accepted that techniques currently exist to overcome the

Minerals and Waste 196 Powys County Council UDP 2001-2016 Adopted March 2010 ______problems arising from the shortage of existing soil, relatively high altitude and high rainfall. There is for instance very little evidence to support a contention that the establishment of healthy native species trees on former opencast sites in Powys is possible within a relatively short time span. There are, however, more encouraging results in very recent years, particularly using the application of processed sewage sludge as a fertiliser and the use of non-native species (with a high drought tolerance).

13.7.29 The only sites that have any realistic prospect of being considered suitable for opencast mining in the County happen to be of an "upland" character and of low agricultural value. If they were to be mined therefore, the Council would suggest that wildlife habitats and/or recreation should feature heavily in any restoration proposals. Previous experience should be drawn upon in drawing up proposals that are realistic. If experimental works are to be incorporated i.e. the re-establishment of a habitat type not previously successfully undertaken, then they should normally be on a relatively modest scale with the consequences of failure estimated in advance.

13.7.30 Much of the land that holds potentially exploitable reserves is subject to commoner’s rights. Whilst the constraints that this imposes are recognised, restoration proposals that include areas of monoculture grassland as a replacement for largely unimproved grazing will be viewed as being entirely unacceptable. This requirement would not inhibit commoner's rights but would largely remove any significant improvements to the common pasture in animal nutrition terms. This is seen to be necessary to protect the wildlife and landscape qualities of the upland commons concerned.

POLICY MW20 - RESTORATION OF OPENCAST COAL AND WASTE DEPOSITION SITES

ANY PROPOSAL TO MINE COAL BY OPENCAST METHODS OR DEPOSIT WASTE SHALL INCLUDE A SCHEME OF RESTORATION AND AFTERCARE TO A HIGH STANDARD THAT SATISFIES THE FOLLOWING CRITERIA:

1. THE SCHEME SHOULD PLACE HEAVY EMPHASIS UPON THE CREATION OF WILDLIFE HABITATS THAT COMPLEMENT THOSE ON SURROUNDING LAND. THE SCHEME SHOULD INCLUDE PROPOSALS FOR THE LONG TERM MANAGEMENT OF THE CREATED HABITATS. 2. THE PROVISION OF RIGHTS AND OPPORTUNITIES FOR QUIET RECREATION SHALL AT LEAST EQUAL THOSE THAT ALREADY EXIST ON THE SITE. PUBLIC RIGHTS OF WAY FOR INSTANCE WOULD BE EXPECTED TO BE REPLACED EXPEDITIOUSLY AND UPON ALMOST IDENTICAL LINES TO THOSE ON THE DEFINITIVE MAP. 3. THE SCHEME SHOULD SEEK TO PRODUCE A LANDSCAPE THAT ONCE MATURED, IS OF A GENERALLY SIMILAR CHARACTER TO THAT WHICH CURRENTLY EXISTS ON UNDISTURBED LAND IN THE VICINITY. 4. THE SCHEME SHOULD INCLUDE PROPOSALS IN RESPECT OF ANY WORKING THAT WOULD PHYSICALLY DISTURB AN AQUIFER OR INTERCEPT CONTAMINATED MINE WATER AND SHOULD INCORPORATE APPROPRIATE MEASURES DURING RESTORATION TO ADEQUATELY ADDRESS THE PROBLEM. 5. THE SCHEME SHOULD PROVIDE FOR PROGRESSIVE RESTORATION UNLESS THE LIFE OF THE SITE IS SO SHORT AS TO RENDER THIS IMPRACTICABLE.

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IN THE CASE OF COAL WORKING EXCEPT WHERE THE POSSIBILITY IS PRECLUDED BY LAW, A FINANCIAL GUARANTEE MUST BE PUT IN PLACE TO COVER THE POSSIBILITY OF THE DEVELOPER DEFAULTING ON RESTORATION AND AFTERCARE RESPONSIBILITIES.

13.7.31 Ancillary Developments

13.7.32 Many of the larger modern mineral working sites, include elements other than simply processing the mineral itself. Many hard rock quarries for instance operate asphalt, concrete batching and/or concrete block making, plants. Modern waste sites should be removing as much as possible from the waste stream prior to final deposit and should therefore have some form of recycling facility. Such developments are legitimate parts of the minerals and waste industry with significant savings in road transport often applicable. It will usually be appropriate to link the ancillary development to the mineral working or waste deposition by condition, so that it does not continue to operate once the original justification for its location is no longer relevant. It would therefore be expected that capital-intensive developments would be applicable only to operations with very significant mineral reserves or waste void.

POLICY MW21 - ANCILLARY PLANT

DEVELOPMENT PROPOSALS FOR THE SITING OF ANCILLARY MINERALS OR WASTE PROCESSING PLANTS SHOULD BE LOCATED EITHER INSIDE OR ADJOINING SITES WHICH HAVE PLANNING PERMISSION FOR WASTE DISPOSAL OR MINERAL EXTRACTION, WINNING AND WORKING AND ARE CURRENTLY IN USE. SUCH A PROPOSAL WILL BE PERMITTED WHERE: 1. IT IS OF A SITING, SCALE, DESIGN AND MASSING APPROPRIATE TO ITS SETTING. 2. IT INCLUDES A LANDSCAPING SCHEME CAPABLE OF SCREENING OR SUBSTANTIALLY MITIGATING ANY ADVERSE VISUAL IMPACTS FROM MAJOR PUBLIC VANTAGE POINTS. 3. IT IS LINKED TO THE LIFE OF THE MINERAL WINNING OR WASTE DEPOSITION ON THE SITE AND WOULD BE REMOVED UPON THE CESSATION OF SUCH. 4. IT DOES NOT LEAD TO AN UNACCEPTABLE INTENSIFICATION OF USE OF THE LOCAL ROAD NETWORK, PARTICULARLY THE USE OF CLASS 2, 3 AND UNCLASSIFIED ROADS DURING UNSOCIAL HOURS OR HAVE ANY OTHER UNACCEPTABLE IMPACT ON LOCAL AMENITIES SUCH AS NOISE OR DUST.

13.7.33 Buffer Zones

13.7.34 It is clearly desirable that the efficient operation of mineral or waste sites is not prejudiced by the construction of buildings or the introduction of new uses within very close proximity to existing or approved future workings. Wherever possible all existing sites will be operating under a set of planning conditions designed to minimise the impact upon all sensitive properties that existed at the time the conditions were/are imposed/agreed. For the sake of potential occupiers/users and the mineral/waste operation it is important that new planning applications within close proximity to all approved mineral/waste operations, are carefully considered in this respect. The Buffer Zones in respect of current working quarries and waste disposal sites are indicated on the Inset Maps. There is no correlation between buffer zones and the potential areas for any future extension of the workings concerned. The Buffer Zones will also help to safeguard the amenities of existing sensitive developments.

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POLICY MW22 - BUFFER ZONES

A BUFFER ZONE SHOULD BE ESTABLISHED FOR ALL AUTHORISED MINERAL WORKING AND WASTE DEPOSITION SITES WITH AN EXPECTED LIFE OF FIVE YEARS OR MORE.

ALL PROPOSALS THAT ARE LIKELY TO BE INCOMPATIBLE WITH THE ADJACENT MINERAL WORKING OR WASTE DISPOSAL OPERATION WILL FORM THE SUBJECT OF A RIGOROUS EXAMINATION AND PROPOSALS THAT WOULD BE UNACCEPTABLY ADVERSELY AFFECTED OR PREJUDICE THE MINERAL WORKING OPERATIONS WILL BE REFUSED.

PROPOSALS FOR THE EXTENSION OF THE MINERAL WORKING OPERATION, INCLUDING THOSE CONSIDERED AGAINST THE REQUIREMENTS OF POLICY MW2, WILL NOT BE PERMITTED WITHIN BUFFER ZONES EXCEPT WHERE IT CAN BE DEMONSTRATED THAT THERE WOULD BE NO UNACCEPTABLE ADVERSE IMPACT ON EXISTING SENSITIVE DEVELOPMENT WITHIN OR ADJOINING THE BUFFER ZONE.

13.7.35 Monitoring

13.7.36 It is clearly of importance that all mineral working and waste disposal sites are regularly monitored and that there is a fruitful dialogue between the planning authority and site operators. It is also of importance that Community Councils and the public in general inform the planning authority of any problems that are being experienced through the activities at or emanating from a mineral working or waste disposal site (e.g. noise, dust, litter). Such arrangements already exist with most of the site operators and it is hoped that similar arrangements will be progressively introduced for the others. The table below contains a list of all current mineral workings in Powys, and includes details of the mineral types, operational status and review / completion dates.

Table M1 - Mineral Sites In Powys (Active and Inactive)

Site Name Inset Map Mineral Operational Status Conditions Estimated No. Review Date Completion Date Brecknockshire Cribarth Quarry (nr Bm36 Gritstone Active 2010 2020 Llanafan Fawr) Nant Helen OCCS (nr Bm37 Coal Active 2013 2015 Abercraf) Tredomen (nr Llanfilo) Bm38 Building stone Active 2011 2026 Radnorshire Caerfagu Quarry (nr Rm91 Sand and Active 2013 2042 Llanyre) Gravel Gore Quarry (nr Rm 92 Gritstone Active 2008 2030 Walton) Little Gwernilla (nr Rm93 Building StoneActive N/A 2018 Gladestry) Llanelwedd Quarry (nr Rm94 Igneous RockActive 2008 2042 Builth Wells) Rhayader Quarry Rm95 Gritstone Dormant 2014 2042

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Strinds Quarry (nr Old Rm96 Limestone/Grit Active 2006 2042 Radnor) Dolyhir Quarry (nr Old Rm96 Gritstone Active 2006 2042 Radnor) Montgomeryshire Buttington Brickworks Mm203 Shale Active 2012 2011 Extension 2042 Main Site Criggion Quarry (nr Mm204 Igneous RockActive 2012 2042 Welshpool) Garreg/Lloyd’s Quarry Mm205 Igneous Rock Dormant N/A Unlikely to re- (nr Trewern) open Middletown Quarry Mm206 Igneous / Active 2016 2061 Extension Metamorphic Extension (nr Welshpool) 2042 Main Site Pen-y-Graig and Pen- Mm207 Igneous RockDormant N/A N/A y-Parc Quarries (nr Llangynog) Tan-y-Foel Quarry Mm208 Gritstone Active 2012 2016 (Between Carno and Llanfair Caereinion)

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14: General Development Policies

14.1 Introduction

14.1.1 This chapter includes planning policies for a number of specific subject issues that are not covered by the other chapters.

14.2 Accessibility

14.2.1 It is important that new development should be designed to allow freedom of access and movement of all persons, regardless of any disability or impairment that they may have, to, from, within and around developments. A wealth of advice and guidance is available for improving access. Disability Wales has prepared its own SPG called Access for All (December 2000) which is a best practice guide for all practitioners involved in improving the accessibility of the environment. It indicates that approximately 1 in 6 (17%) of the Welsh Population has an impairment or disability, and that with an ageing population, as Powys has, accessibility issues are of significance to planning and development control. Further guidance is also provided by TAN12: Design, 2002. The County Council will prepare its own SPG on Accessibility and Mobility, which will adhere to the Social Model of Accessibility and the principle of inclusive design. (N.B. The Council also has an approved Access Policy).

14.2.2 The Disability Discrimination Act 1995 (DDA) seeks to avoid discrimination against people with impairments and disabilities and for instance ensures that work premises do not disadvantage someone with a disability. It also has implications for access to Historic Buildings and the impact that design solutions may have on the character and setting of the listed building. Cadw: Welsh Historic Monuments has published advice on this subject in 2002 in the document ‘Overcoming the Barriers – Providing Physical Access to Historic Buildings’.

14.2.3 Three local voluntary Access Groups operate in each of Powys’ three Shires and the Council appreciates the important role that these Groups have in scrutinising the accessibility of developments in relevant planning applications. Opportunities exist for involving these Groups in other aspects of planning (e.g. regeneration projects, access policy development) and the Council encourages such participation.

POLICY DC1 - ACCESS BY DISABLED PERSONS

APPLICATIONS WILL BE PERMITTED FOR THE DEVELOPMENT OF NEW BUILDINGS, PUBLIC AMENITIES, RECREATIONAL SPACES AND, WHERE PRACTICABLE AND REASONABLE, THE CHANGES OF USE OR ALTERATIONS TO EXISTING BUILDINGS, WHERE SUITABLE ACCESS IS MADE TO AND WITHIN THE BUILDING OR AMENITY AND ADEQUATE FACILITIES ARE PROVIDED (INCLUDING SANITARY CONVENIENCES AND PARKING SPACE) FOR PEOPLE WITH DISABILITIES.

14.3 Advertisements and Shop Front Signage

14.3.1 The Council recognises that advertisements and signs have an important economic and commercial role in promoting local businesses and in providing

General Development Policies 201 Powys County Council UDP 2001-2016 Adopted March 2010 ______information for travellers. Well-designed signs can enhance the character and attractiveness of town centres and in many cases what would otherwise be drab buildings. However, a balance needs to be struck between these interests and protecting the character and appearance of Powys’ countryside, towns and villages from clutter, poor design and unacceptable levels of proliferation.

14.3.2 In recognition of the harm that may be caused by signs, stricter controls for advertisements are already in place for the majority of Montgomeryshire and Brecknockshire, which are designated as Areas of Special Control for Advertisements (ASCAs). The Council in the context of the following Policy will prepare SPG on advertisements and shop fronts and this will include a review of the ASCAs. Consultation on this will be undertaken with local trade and amenity organisations.

14.3.3 Under the regulations controlling advertisements [The Town and Country Planning (Control of Advertisements) Regulations 1992, as amended] certain advertisements can be displayed without the need to obtain formal consent from the Council. These advertisements are given "Deemed Consent" so long as they comply with specific conditions defined in the Regulations. Where permission is required to display an advertisement, applicants must obtain the Council’s “Express Consent”. Signs erected or painted on any part of a highway, including overhanging signs, require the consent of the highway authority.

14.3.4 TAN7 Outdoor Advertisement Control (November 1996) provides the Welsh Assembly Government’s advice on advertisements and makes it clear that “the display of outdoor advertisements can only be controlled in the interests of amenity and public safety” (Paragraph 6).

14.3.5 A sign should always be designed to harmonise with the character of its surroundings. Although applicants may wish advertisements to be as eye-catching and conspicuous as possible, they should not dominate their surroundings or become visually intrusive as this will degrade the quality of the local environment and may cause danger to highway safety by distraction, confusion or obstruction. The sign’s size, style of letters, colours and motifs should be in keeping with the proportions and architectural detailing of the building especially where buildings and streets of architectural or historic importance or the natural environment is affected. Signs made from uPVC will be discouraged by the Council where located within an existing or proposed conservation area. Adverts and signs also contribute to the cultural identity of an area and applicants are encouraged to adopt bilingual signage.

14.3.6 Illumination can add interest and appeal to a well-designed sign and fascia signs with individually lit letters applied to an unlit background are generally less garish than fully illuminated box fascias. The Council will discourage the use of box fascia signs especially in conservation areas or where historic streets and buildings are affected.

14.3.7 An excess accumulation of signs can cause clutter which harms local amenity. Clutter can be avoided by controlling the number and placement of signs on buildings and in streets. Generally only one hanging sign per building will be appropriate, and signs should not be located above first floor level especially in town centre shopping streets.

14.3.8 Well-designed shop fronts can lift a building and create a feature of interest. Whenever possible, historic shop fascias should be restored and re-used with

General Development Policies 202 Powys County Council UDP 2001-2016 Adopted March 2010 ______advertisements hand painted, as these are an essential part of every shop’s individual identity and historic character. New shop fronts should capture the character and feel of historic shop fronts where these are found nearby and traditional materials should be used. The Council accepts that company colours and logos are necessary to identify national operators but will always encourage applicants to design advertisements that reflect local styles, particularly in existing or proposed conservation areas. The Council also discourages external security shutters.

14.3.9 The beauty and character of the open countryside can be spoilt by the proliferation of direction signs at locations distant from the premises referred to. Wherever practicable, the Council will encourage the combining of essential advertising to avoid a proliferation of signs in the countryside. Illuminated advertisements in the countryside are particularly obtrusive and cannot be readily assimilated into the environment so will only be permitted in exceptional cases on an individual basis such as at petrol filling stations.

POLICY DC2 - ADVERTISEMENTS

APPLICATIONS FOR THE DISPLAY OF ADVERTISEMENTS, INCLUDING THOSE ON SHOP FRONTS, WILL BE GRANTED EXPRESS CONSENT WHERE THE FOLLOWING CRITERIA ARE MET:

1. THEY SHALL NOT CAUSE ANY UNACCEPTABLE ADVERSE EFFECTS ON PUBLIC SAFETY ESPECIALLY FOR HIGHWAY USERS INCLUDING PEDESTRIANS, AND ESPECIALLY PEDESTRIANS WITH MOBILITY AND/OR SENSORY IMPAIRMENTS. 2. ADVERTISEMENTS SHALL NOT SPOIL THE VISUAL AMENITY, CHARACTER AND APPEARANCE OF ANY BUILDING, THE SURROUNDING ENVIRONMENT, LANDSCAPE OR STREET SCENE IN TERMS OF THE FOLLOWING DESIGN DETAILS:  THE SIGN’S SIZE, PROPORTIONS, MATERIALS, LETTERING, COLOUR(S) AND EXTERNAL FINISHES.  ITS METHOD OF ILLUMINATION. WHEREVER POSSIBLE EXTERNAL SOURCES OF ILLUMINATION SHALL BE USED, PARTICULARLY IN THE OPEN COUNTRYSIDE OR WHERE CONSERVATION AREAS OR LISTED BUILDINGS ARE AFFECTED.  ITS POSITION AND PROJECTION. 3. WHERE PROPOSED IN THE COUNTRYSIDE, ADVERTISEMENTS SHALL NOT RESULT IN A PROLIFERATION OF SIGNS TO THE DETRIMENT OF THE LANDSCAPE AND ENVIRONMENT (SHARED SIGNS ARE GENERALLY PREFERABLE TO INDIVIDUAL SIGNS) AND SHALL BE EITHER:  ADVANCE WARNING SIGNS ESSENTIAL FOR HIGHWAY/PUBLIC SAFETY; OR  DIRECTIONAL SIGNS REASONABLY REQUIRED FOR APPROPRIATE RURAL BUSINESSES. 4. WHEREVER POSSIBLE, APPLICANTS ARE ENCOURAGED TO DESIGN ADVERTISEMENTS TO BE BILINGUAL AND TO MEET THE NEEDS OF PERSONS WITH DISABILITIES.

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14.4 Lighting

14.4.1 Lighting in the Countryside: Towards Good Practice (1997), published by the former Department of the Environment, Transport and Regions provides practical advice on the prevention and control of lighting impacts by all those involved with lighting in the countryside. It recognises that lighting can help promote security, reduce road accidents, advertise commercial enterprises, permit outdoor working and sports activities at night and enhance the environment. However excessive, poorly designed and badly aimed lighting may have adverse effects. Excessive lighting on rural roads, village streets and in other areas of the countryside can lead to sky glow and light trespass which shuts out the splendour of Powys’ important, unique, dark night skies and lighting apparatus can spoil daytime views. Glare from excessively bright or poorly aimed lights causes dazzle, with safety implications for motorists and pedestrians, and destroys privacy. Over time it can also blur the distinction between urban and rural areas.

14.4.2 All residential estates with adoptable roads throughout the County must have appropriate highway lighting. The Council’s policy indicates that all new lighting should focus light to where it is needed and minimise light spillage into the night sky. Specific types of lighting may be conditioned in planning permissions to create a uniform approach for reducing light pollution. Further advice on street lighting will be included within the Highways Design Guide.

14.4.3 The County Council appreciates that the intrusiveness of lighting in the countryside should be kept to a minimum and will assess the need for lighting in association with development proposals. Instead of automatically assuming that lighting is necessary, applicants should consider carefully whether: the development could proceed without lighting; the benefits of lighting outweigh any dis-benefits; and whether there are any alternatives to lighting. Having established that lighting is needed, an appraisal of the specific lighting requirements of the site should be undertaken so that the lighting scheme is designed to integrate with its surroundings. Among the issues that should be examined will be the effects of night lighting on dark landscapes, the appearance of lighting structures in daytime, potential impacts on the amenity of local residents and effects on the safety of transport users.

POLICY DC3 - EXTERNAL LIGHTING

PROPOSALS INVOLVING EXTERNAL LIGHTING WILL NOT BE PERMITTED WHERE THEY WOULD CAUSE: 1. A NUISANCE OR HAZARD TO HIGHWAY USERS; 2. UNACCEPTABLE LEVELS OF LIGHT POLLUTION, ESPECIALLY IN THE COUNTRYSIDE; 3. HARM TO THE CHARACTER AND APPEARANCE OF ANY BUILDING OR THE SURROUNDING ENVIRONMENT; 4. ADVERSE IMPACT ON WILDLIFE.

SPECIAL CONSIDERATION WILL BE GIVEN TO THOSE PROPOSALS ESSENTIAL FOR PUBLIC SAFETY.

14.5 Telecommunications

14.5.1 Telecommunications technology is developing rapidly to meet the growing demands for better and faster communications, and it has become an essential part of

General Development Policies 204 Powys County Council UDP 2001-2016 Adopted March 2010 ______modern living. In rural areas such as Powys, telecommunications and information technology can serve to overcome the problems of peripherality and remoteness, enabling home working and entertainment, long distance education, and new patterns of commerce for local businesses, with the overall advantage of reducing the need to travel. Whilst telecommunications can offer these exciting opportunities, the Council recognises the need to protect public health and the environment especially as telecommunications apparatus can often be visually intrusive. With regard to health concerns, the Welsh Assembly Government advises that where telecommunications apparatus are expected to meet the International Commission on Non-Radiation Protection (ICNIRP) guidelines it should not be necessary for a Local Planning Authority to consider further health aspects and concerns. (Paragraph 12.13.8, PPW, 2002).

14.5.2 Under the General Permitted Development Order 1995, as amended, permitted development rights may be exercised for telecommunication developments including those carried out by licensed operators. Where planning permission is required, or prior approval procedures apply, applicants are advised to undertake early consultation with the Council. Developers should consider in detail the environmental effects associated with the proposal and where appropriate, the Council may request the preparation of an Environmental Impact Assessment.

14.5.3 To reduce the effects on built and natural environments, operators should share existing sites, masts and structures in order to prevent a proliferation of installations. Developers will be required to provide evidence of the consideration that they have given to the possibility of utilising shared facilities. In certain circumstances, it may be sensible for operators who need to install a mast to include additional structural capacity to take account of the growing demands for network development, including those of other operators. This will prevent a proliferation of masts and associated equipment as networks develop over time. Careful design, landscaping and screening can significantly reduce any adverse impact on amenity, environment or the visual appearance of streets, buildings, open spaces and views.

14.5.4 A condition will also be attached to any grant of planning permission to ensure that the development will be removed and the land restored to its former use and condition, should the facility no longer be required.

POLICY DC4 - TELECOMMUNICATIONS APPARATUS

PROPOSALS FOR TELECOMMUNICATIONS MASTS OR OTHER APPARATUS WILL BE CONSIDERED HAVING REGARD TO THE OPERATOR’S CONSTRAINTS DUE TO THE LEGAL REQUIREMENT TO PROVIDE A SERVICE, THE SPECIAL SITING, TECHNICAL AND OPERATIONAL REQUIREMENTS OF THE EQUIPMENT, THE SIGNIFICANCE OF THE PROPOSAL AS PART OF A NATIONAL NETWORK, AND THE NEED TO MINIMISE VISUAL INTRUSION AND ADVERSE ENVIRONMENTAL EFFECTS. THEY WILL BE APPROVED PROVIDED THAT:

1. THE PROPOSAL WOULD NOT UNACCEPTABLY ADVERSELY AFFECT:  SITES OR FEATURES OF NATURE CONSERVATION, HISTORIC OR ARCHAEOLOGICAL INTEREST;  THE CHARACTER OR SETTING OF A CONSERVATION AREA, LISTED BUILDING OR THE SPECIAL LANDSCAPE OF POWYS. 2. THE DEVELOPMENT WOULD COMPLY WITH ICNIRP GUIDELINES AND WOULD NOT BE SIGNIFICANTLY DETRIMENTAL TO THE AMENITIES

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ENJOYED BY EXISTING OR PROPOSED PROPERTIES, SUCH AS RADIO OR ELECTRICAL INTERFERENCE THAT CANNOT BE SATISFACTORILY REMEDIED, NOISE OR VISUAL IMPACT. 3. WHERE FEASIBLE, PROPOSALS SHALL SHARE THE SITE OR STRUCTURE OF AN EXISTING FACILITY, AND IN APPROPRIATE CASES, ANTENNAE SHALL BE ERECTED ON A SUITABLE EXISTING BUILDING OR STRUCTURE SO AS TO PREVENT PROLIFERATION. 4. WHEREVER FEASIBLE AND APPROPRIATE, ALL CABLES SHALL BE LAID UNDERGROUND, PARTICULARLY IN SENSITIVE AREAS, SUBJECT TO THE PROTECTION OF ARCHAEOLOGICAL AND CONSERVATION INTERESTS. 5. THE PROPOSAL SHALL BE DESIGNED, FINISHED AND WHERE APPROPRIATE LANDSCAPED AND SCREENED TO MINIMISE ANY ADVERSE IMPACT ON THE CHARACTER AND APPEARANCE OF ITS SURROUNDINGS.

14.5.5 Permitted development rights for the erection of a satellite antenna and closed circuit television cameras (CCTV) on a dwelling, or within a dwelling’s curtilage, are granted by the General Permitted Development Order 1995, as amended. However, permitted development rights are not available for this type of development in some instances such as within conservation areas or in relation to listed buildings. Wherever possible, shared dish systems should be used to avoid a proliferation of antennae particularly in conservation areas or for flats. However, in all cases they should be positioned so as to minimise their impact on the appearance of dwelling and the amenity of the local environment. Proposals affecting a listed building or within a conservation area will also be considered against the relevant policies in the Environment Chapter, and the Council will refuse applications especially where they detract from the area’s or building’s special character and appearance. Any associated attachments, cables or cable networks should be designed so as not to cause any harm to the built or natural environments. Devices should be attached to buildings and separate columns or other structures will only be acceptable where they would be less detrimental to the character or appearance of the area than if they were mounted on the buildings themselves. It may be preferable for satellite dishes affecting listed buildings or buildings in conservation areas to be sensitively located within the grounds of the building rather than to be attached to the building directly.

POLICY DC5 - SATELLITE DISHES, ANTENNAE, CCTV AND OTHER DEVICES

APPLICATIONS FOR SATELLITE DISHES, ANTENNA(E), CCTV AND OTHER SUCH DEVICES, WILL BE PERMITTED WHERE THEY HAVE NO UNACCEPTABLE ADVERSE EFFECTS ON THE CHARACTER AND APPEARANCE OF THE BUILDING OR NEIGHBOURHOOD. PARTICULAR REGARD WILL BE GIVEN TO PROPOSALS AFFECTING LISTED BUILDINGS AND BUILDINGS IN CONSERVATION AREAS OR THEIR SETTINGS.

14.6 Utility Infrastructure

14.6.1 Utility infrastructure encompasses services such as gas, electricity, water supply, drainage and sewage treatment. Responsibility for the supply and maintenance of existing services rests largely with a mix of statutory undertakers and private companies. Planning applications are scrutinised by the Council to assess their utility requirements and the impact that these would have on existing users and the environment. Where possible, developments should be connected to the existing infrastructure but in locations where there is no spare capacity, future development will

General Development Policies 206 Powys County Council UDP 2001-2016 Adopted March 2010 ______be constrained until the constraint is overcome or a satisfactory alternative can be found.

14.6.2 The utility companies have been consulted at an early stage in the UDP process, to ascertain whether particular towns and villages have utility constraints that will restrict future development and to establish the investment programmes of these companies. This information has been used to inform the UDP’s distribution of housing, employment and other land use allocations and specific details for each settlement are found in the settlement descriptions accompanying each Inset Map. Strategic Policy UDP SP13 Utilities/Service Infrastructure states that, “New development will be acceptable in principle in those locations where the appropriate utility service infrastructures are available or programmed. Where new facilities are to be provided, permission for development will be phased to accord with the availability for use of those facilities”.

14.6.3 Welsh Assembly Government advice in Planning Policy Wales (2002) requires development plans to consider both the siting requirements of the utilities to enable them to meet the demands that will be placed upon them, and the environmental effects of such additional uses. The following policy is intended to strike a balance between the needs of utilities providers and users and the environmental considerations set out elsewhere in this plan.

14.6.4 Utility companies are granted specific rights under the Town and Country Planning (General Permitted Development) Order 1995, as amended, to carry out certain operational developments without the need for planning permission. Operational development may be necessary in a number of circumstances, such as where an existing system needs replacement or upgrading to meet increased demands. Where the Council is consulted on operational works or planning permission is required, it will emphasise the need to safeguard and protect both the built and natural environment. Living and working standards can be enhanced by the improvement or provision of utilities, thus the County Council encourages utility companies to carry out improvements to utility infrastructure throughout Powys wherever necessary.

14.6.5 The Council also recognises that utility companies often do not have flexibility in deciding where and whether to invest in new infrastructure. These decisions are often determined by external factors and in this respect utilities development is wholly different in character from conventional development where pressure comes from the developer. The nature of utilities means that it is inevitable that some development will take place in the countryside.

POLICY DC6 - OPERATIONAL DEVELOPMENT BY UTILITY COMPANIES

THE OPERATIONAL DEVELOPMENT OF UTILITY COMPANIES WILL BE FACILITATED, HAVING REGARD TO THEIR TECHNICAL AND ECONOMIC CONSTRAINTS, PROVIDED THERE ARE NO UNACCEPTABLE ADVERSE EFFECTS ON:

1. THE CHARACTER AND APPEARANCE OF THE LANDSCAPE, OR OF EXISTING SETTLEMENTS, BUILDINGS AND THEIR SETTINGS. 2. SITES AND FEATURES OF NATURE CONSERVATION, HISTORIC AND ARCHAEOLOGICAL INTEREST.

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WHERE APPROPRIATE, PROPOSALS SHALL INCLUDE ACCEPTABLE MEASURES TO MITIGATE ANY EFFECTS ON THE ABOVE SITES OR FEATURES AND THESE SHALL BE COMPLETED PRIOR TO THE DEVELOPMENT PROCEEDING.

14.6.6 In cases where a proposed development will necessitate the provision of improved, upgraded or new utility infrastructure, including sewage treatment, surface water drainage, gas, electric or water supplies, and these facilities are not within the firm investment programme of the appropriate utility company, a developer may reasonably be expected to provide or contribute to the cost of that provision. Where appropriate the developer will be expected to provide a phased programme for the development of the site linked to the provision of facilities.

POLICY DC7 - DEVELOPER CONTRIBUTIONS TO UTILITY INFRASTRUCTURE

WHERE NEW OR UPGRADED UTILITY INFRASTRUCTURE IS REQUIRED AS A DIRECT RESULT OF A DEVELOPMENT PROPOSAL, PLANNING PERMISSION WILL ONLY BE GRANTED WHERE THESE IMPROVEMENTS ARE CARRIED OUT PRIOR TO THE COMMENCEMENT OF, OR CONCURRENTLY WITH, THE DEVELOPMENT.

IN ACCORDANCE WITH POLICY GP2, A PLANNING CONDITION WILL BE ATTACHED TO ANY GRANT OF CONSENT, OR WHERE APPROPRIATE APPLICANTS WILL BE REQUESTED TO ENTER INTO A PLANNING OBLIGATION BY AGREEMENT UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990, AS AMENDED, TO ENSURE THE PROVISION OF, OR CONTRIBUTION TOWARDS, THESE IMPROVEMENTS.

14.6.7 Public water supplies in Powys are provided by Dwr Cymru-Welsh Water and Severn Trent Water Ltd. Under the Water Industry Act 1991 both these Water Companies have a duty to provide a wholesome supply of mains water for public purposes, without detriment to existing customers.

14.6.8 Exceptions exist for elevated positions where there is no statutory requirement for these Companies to provide a supply of mains water to a height greater than it will flow by gravitation through the mains from the service reservoir or tank from which that supply is taken. The Environment Agency, together with the Water Companies have developed strategies to assess the reliability of water supplies and whether work may be required to constrain demand or increase supplies in certain areas. If public water mains are not available, alternative sources and their impacts will be considered, such as private bore-holes, springs or water/rainfall harvesting, but in all cases the Council must be satisfied that any source is wholesome and adequate.

14.6.9 Water Companies are not obliged to make supplies available for non- domestic purposes, so developers in such instances are encouraged to discuss their needs with the appropriate Water Company as soon as possible to find a solution. This applies to developments such as golf courses and in such cases, the use of drinking (potable) water supplies for the irrigation of golf courses will be restricted and a condition will be attached to any grant of planning permission to advise that any irrigation system will need to use a private water supply, which may require a licence from the Environment Agency.

14.6.10 While both Water Companies are encouraged to undertake necessary improvements throughout the Plan Area, each has indicated that dependent on the

General Development Policies 208 Powys County Council UDP 2001-2016 Adopted March 2010 ______scale and precise location of development, there may be a need for some off-mains extensions which should be provided by developers as a normal development expense in accordance with Policy DC7. In such circumstances, satisfactory arrangements should be made between the Water Companies and the developer for the aftercare and maintenance of the works. The settlement descriptions accompanying each Inset Map highlight any known or potential water supply problems.

POLICY DC8 - PUBLIC WATER SUPPLY

DEVELOPMENT WILL ONLY BE ALLOWED WHERE IT IS SERVED BY A WHOLESOME AND ADEQUATE WATER SUPPLY. WHERE THE EXISTING WATER SUPPLY IS INADEQUATE AND NEW OR UPGRADED INFRASTRUCTURE IS REQUIRED AS A DIRECT RESULT OF A PROPOSAL, THE PROPOSAL FOR DEVELOPMENT WILL BE DETERMINED IN ACCORDANCE WITH POLICY DC7.

14.6.11 The Environment Agency Wales (EA Wales) is the statutory body responsible for managing the water environment, and for maintaining and improving the quality of water resources including groundwater, rivers, lakes, estuaries and coastal waters. It also has wider responsibilities for integrated pollution prevention and for the monitoring of air, land and water.

14.6.12 New development should not lead to a deterioration in the quality of water, either directly or indirectly, as this may adversely affect drinking or potable water, as well as water used for other uses such as agriculture and industry. A deterioration in water standards will also have negative implications for general amenity, water based recreation, tourism, fisheries and nature conservation. It is also important that the supply of water to new development should not have a detrimental impact on existing water abstraction, river flows, fisheries, nature conservation, archaeological interests, agriculture, amenity or water based recreation. Over-abstraction from rivers or ground waters can have a detrimental impact on existing abstractors and the environment. Abstractions are controlled by time-limited licenses granted by the EA Wales under the Water Resources Act 1991, although certain small scale developments such as single dwellings are exempt. In 1999 the Government introduced Catchment Abstraction Management Strategies (CAMS). The aims of CAMS are to make more information on water resources and licensing practice available to the public and to involve local community and other interested parties in their development. CAMS outline the licensing practice for the catchment and identify how abstraction is to be managed to maintain or achieve sustainability. They will be reviewed every six years.

14.6.13 The protection of groundwater resources from contamination is of particular importance and under The Water Resources Act 1991, Statutory Water Quality Objectives (SWQOs) were introduced, a system for water quality planning, although current targets relate only to rivers. Severn Trent Water Ltd will be consulted on development proposals that affect the Elan Valley Aqueduct.

POLICY DC9 - PROTECTION OF WATER RESOURCES

FOLLOWING CONSULTATION WITH THE ENVIRONMENT AGENCY, DEVELOPMENT PROPOSALS WHICH IMPACT ON THE WATER ENVIRONMENT AND ASSOCIATED LAND WILL ONLY BE PERMITTED SUBJECT TO THE FOLLOWING CRITERIA:

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1. THE PROPOSED DEVELOPMENT SHALL NOT UNACCEPTABLY IMPAIR THE QUALITY, QUANTITY OR FLOW OF SURFACE OR GROUND WATERS. 2. THE PROPOSED DEVELOPMENT SHALL NOT LEAD TO POLLUTION PROBLEMS FOR EXAMPLE THOSE THAT MIGHT ARISE WITH THE DISTURBANCE OF CONTAMINATED LAND. 3. THE PROPOSAL SHALL NOT BE OF DETRIMENT TO EXISTING WATER ABSTRACTIONS, FISHERIES, AMENITY OR NATURE CONSERVATION.

14.7 Sewage and Foul Water Treatment

14.7.1 To dispose of sewage and foul water (e.g. water from toilets and washing machines) effectively and efficiently, development should always be connected to the public foul sewerage system, which comprises sewers, sewage pumping stations and sewage treatment works. Development will not be permitted unless foul sewers and sewage treatment works of adequate design and capacity are available or will be provided in time to serve the development. This will avoid any risk of polluting the environment. The existing situation as regards sewage treatment facilities in relation to each settlement is indicated in the settlement descriptions that accompany each inset map.

14.7.2 Only where connection to the mains system is not feasible, practicable or acceptable, for reasons other than cost, should the use of private sewage disposal systems be considered and in such circumstances developers must demonstrate that a private treatment facility will be acceptable before planning permission is granted. This will involve consideration of a number of factors including the testing of ground conditions and the plot of land being of sufficient size to provide an adequate subsoil drainage system without risk to the water environment. Shared private treatment works will only be permitted where satisfactory arrangements are in place to ensure the long-term maintenance of the system. One way of achieving this would be for developers to enter into a planning obligation by agreement with the Council to ensure the provision of long-term maintenance is addressed.

14.7.3 Welsh Office Circular 10/99 Planning Requirement in Respect of the Use of Non-Mains Sewerage incorporating Septic Tanks in New Development provides guidance on the exercising of planning controls on non-mains sewerage and associated disposal aspects of future development so as to avoid environmental, amenity or public health problems. This includes proposals using septic tanks and private treatment works. The Circular states that, “Before deciding a planning application, the local planning authority needs to be satisfied that the sewerage arrangements are suitable. If the non-mains sewerage system and sewage disposal proposals are assessed as being unsatisfactory, this would normally be sufficient to justify refusal of planning permission”. (Para. 1, Annex A).

14.7.4 Dwr Cymru - Welsh Water and Severn Trent Water Ltd. are responsible for the installation and improvement of the public sewerage system and sewage treatment works in Powys. In a number of settlements, however, the sewage treatment works and sewerage systems are either at or nearing full capacity, posing a constraint on the scale of further development. In such cases, either new or upgraded facilities should be provided in association with the development proposal. Where sites are to be divided into individual plots, the infrastructure for the whole site should be provided prior to the site being split.

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14.7.5 The Water Companies are encouraged to overcome any specific problems, and to carry out improvements throughout Powys wherever necessary. Planning permission will not be granted for development which would result in the capacity of foul sewers, pumping stations or sewage treatment works being exceeded, unless adequate measures have been agreed to increase the capacity of such facilities. Furthermore, in cases where developers are required to fund or contribute to the provision of improvements in advance of development, planning permission will only be granted subject to a suitable planning condition or a planning obligation by agreement under Section 106 of the Town and Country Planning Act 1990. To ensure this developers should also enter into appropriate aftercare and management arrangements with the Water Companies.

POLICY DC10 - MAINS SEWAGE TREATMENT

DEVELOPMENT PROPOSALS WILL BE PERMITTED WHERE THEY CAN BE ADEQUATELY SERVED BY THE PUBLIC FOUL SEWERAGE SYSTEM. WHERE THIS SYSTEM IS INADEQUATE AND NEW OR UPGRADED INFRASTRUCTURE IS REQUIRED AS A DIRECT RESULT OF A PROPOSAL, DEVELOPERS WILL BE EXPECTED TO FUND OR CONTRIBUTE TO THE PROVISION OF THESE IMPROVEMENTS PRIOR TO THE DEVELOPMENT BECOMING OPERATIONAL IN ACCORDANCE WITH POLICY DC7.

14.7.6 Where adequate public foul sewerage and sewage treatment capacity is available, it is essential that new development should connect to those systems, in order to prevent a proliferation of individual private sewerage systems or septic tanks, particularly where there is an unacceptable risk of pollution. Many villages do not possess public sewerage systems and future development is reliant on the use of septic tanks, bio-systems or private treatment plants. Wherever possible, developers are encouraged to promote co-ordinated schemes of foul drainage with neighbouring developers and existing properties. The use of sealed cess pools or pits should be avoided, due to the regularity and cost of emptying, which can encourage neglect and pollution from overflows.

14.7.7 The proliferation of septic tanks in areas with unsuitable ground conditions for soakage can cause pollution. The Council must be satisfied of the adequacy of the proposed means of foul drainage through a technical report accompanying applications for development, showing design details of plant, underground strata, layout of effluent drains, location of potable water supplies and results of percolation tests to BS6297. Ideally percolation tests should be carried out in winter conditions when the ground is saturated. Failure to submit these details will result in a planning application being refused.

14.7.8 Developers should note that Severn Trent Water Ltd. have indicated that any development proposed within 50m of the Elan Aqueduct in Radnorshire shall have a method of private sewage disposal which will not affect the groundwater quality in the vicinity.

POLICY DC11 - NON-MAINS SEWAGE TREATMENT

WHERE IT IS NOT FEASIBLE FOR DEVELOPMENT PROPOSALS TO CONNECT TO THE PUBLIC FOUL SEWERAGE SYSTEM, PERMISSION WILL BE GRANTED FOR THE PROVISION AND USE OF PRIVATE SEWAGE TREATMENT PLANTS, SEPTIC TANKS AND BIO-SYSTEMS WHERE:

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1. CONNECTIONS TO THE PUBLIC SEWERAGE SYSTEM ARE NOT PHYSICALLY POSSIBLE OR ACCEPTABLE. SMALL PRIVATE SEWAGE TREATMENT FACILITIES WITHIN SEWERED AREAS WILL NOT BE ACCEPTABLE. 2. GROUND CONDITIONS, IN TERMS OF DRAINAGE AND POROSITY, ARE SUITABLE AND WILL NOT GIVE RISE TO POLLUTION PROBLEMS. APPLICANTS WILL BE REQUESTED TO SUBMIT AN INDEPENDENTLY PREPARED PERCOLATION TEST TO CONFIRM THE SUITABILITY OF GROUND CONDITIONS. 3. THE PLOT OF LAND IS OF SUFFICIENT SIZE TO PROVIDE AN ADEQUATE SUBSOIL DRAINAGE SYSTEM. 4. THE QUALITY OF SURFACE OR GROUNDWATERS WILL NOT BE IMPAIRED. 5. THE AMENITY OF NEIGHBOURING PROPERTIES WILL NOT BE UNACCEPTABLY ADVERSELY AFFECTED IN TERMS OF SMELL OR OTHER DISTURBANCE. 6. APPROPRIATE ARRANGEMENTS ARE MADE FOR THE LONG TERM MAINTENANCE AND AFTERCARE OF THE FACILITY. 7. SEALED CESS POOLS OR PITS WILL NOT BE PERMITTED.

14.8 Overhead Lines and Pipelines

14.8.1 Overhead wiring and cables for the transmission of electricity and telecommunications can drastically affect the character of landscapes and townscapes. Improvements in telecommunications, such as satellite technology, and the placing of cables underground, especially in urban areas, has lessened the need for overhead wiring but it will continue to be needed especially in rural areas. Its impact can be substantially reduced if routed to follow hedgerows, woodland edges, and low-lying land wherever this is feasible. The placing of lines underground is more expensive but will be sought if they are to be constructed across important landscapes or in conservation areas. Where overhead lines are proposed these should be justified on practical, technical or economic grounds. Gas pipelines are laid underground as a matter of practice, but new proposals should be similarly sited to avoid damage or harm, especially during construction, to important landscapes, nature conservation and archaeological interests.

POLICY DC12 - OVERHEAD LINES AND PIPELINES

ALL LINES AND PIPELINES SHOULD BE PLACED UNDERGROUND UNLESS THERE ARE OVERRIDING REASONS FOR THEM NOT TO BE. LINES SHOULD BE ROUTED TO MINIMISE THEIR IMPACT ON THE LANDSCAPE AND NATURAL AND BUILT ENVIRONMENT OF POWYS, PARTICULARLY IN IMPORTANT LANDSCAPES AND AREAS OF CONSERVATION OR ARCHAEOLOGICAL INTEREST. WHERE OVERHEAD LINES ARE UNAVOIDABLE IN RURAL AREAS, THESE SHOULD FOLLOW HEDGEROWS, WOODLAND MARGINS, LOW LYING LAND AND FOLDS IN THE LANDSCAPE WHEREVER FEASIBLE.

14.9 Surface Water Drainage

14.9.1 In considering planning applications, the County Council must be satisfied that any surface water can be adequately disposed of without causing or exacerbating flooding either on site or elsewhere. Consultation is undertaken with the Environment Agency Wales, the Powysland Internal Drainage Board and the County Council’s land

General Development Policies 212 Powys County Council UDP 2001-2016 Adopted March 2010 ______drainage section to ensure that developments are adequately drained and make appropriate provision for surface water disposal.

14.9. 2 Impermeable surfaces, such as paved areas, roads and roofs, reduce the ground area that is capable of absorbing rainfall. Consequently, new development may increase the quantity and the rate at which run-off reaches rivers and other watercourses. These effects may cause the capacity of the watercourse to be exceeded at times of flood risk, especially where there are culverts, bridges and other artificial or natural restrictions. The consequences of development in the upper parts of a river catchment can have significant effects on areas downstream.

14.9. 3 Sustainable Drainage Systems (SuDs), planting and soft landscaping can help to impede or slow down surface water run-off and improve water quality. TAN 15 Appendix 4 provides guidance on the appropriate approach to be taken regarding sustainable drainage systems. Where the use of SuDs is not feasible, developers should connect to existing (or new) surface water drainage systems where these are available and have adequate capacity. Developers may be asked to carry out and provide details of hydraulic investigations to enable the Council to properly determine the implications of the proposed development.

14.9. 4 Where systems are not available or capacity has been reached, development will only be acceptable where a satisfactory alternative means of disposal can be found. This may involve some form of flow balancing to control discharges, but could also require the provision of on and off site improvements. As part of larger developments, new surface water sewers/drains which discharge directly into local watercourses may provide a practical but less favourable solution, although these will be assessed to ensure they have no detrimental impacts on the natural environment or increase the risk of flooding. For minor development such as single dwellings, preventative or source control measures i.e. soakaways may provide an acceptable solution but developers may be requested to provide information on ground conditions from a percolation test. Specific advice on highways drainage will be contained in the Highways Design Guide. Rising water tables may lead to unsuitable ground conditions.

14.9. 5 Where mitigating measures are necessary in association with a development proposal, such as the provision of adequate off-site works or on-site balancing pools, the grant of planning permission will be subject to a suitable condition requiring the completion of works prior to the commencement of development. Alternatively, the developer may be requested to enter into a planning obligation by agreement. Long- term maintenance of any mitigation structures will also need to be agreed at this stage.

POLICY DC13 - SURFACE WATER DRAINAGE

A. DEVELOPMENT PROPOSALS WILL BE PERMITTED WHERE: 1. THEY MAKE ADEQUATE PROVISION FOR LAND DRAINAGE AND SURFACE WATER DISPOSAL. 2. THEY WOULD NOT ADVERSELY AFFECT FLOOD MANAGEMENT OR MAINTENANCE SCHEMES. 3. THEY WOULD NOT GIVE RISE TO UNACCEPTABLE ON OR OFF SITE FLOODING.

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B. IF MITIGATION MEASURES ARE REQUIRED TO PERMIT A DEVELOPMENT TO PROCEED, A CONDITION WILL BE ATTACHED TO ANY PLANNING PERMISSION, OR A PLANNING OBLIGATION BY AGREEMENT SOUGHT, TO ENSURE THAT THE NECESSARY WORKS ARE COMPLETED PRIOR TO THE COMMENCEMENT OF THE DEVELOPMENT.

C. WHERE PROPOSALS INCLUDE SATISFACTORY ALLEVIATION MEASURES TO OVERCOME ANY PROBLEM OF DRAINAGE THESE WILL ONLY BE ACCEPTABLE WHERE THEY WILL NOT RESULT IN: 1. THE LOSS OF WETLAND HABITATS. 2. UNACCEPTABLE ADVERSE IMPACTS ON SURFACE OR GROUNDWATERS. 3. THE LOSS OR IMPEDIMENT OF ACCESS TO WATERCOURSES AND PUBLIC RIGHTS OF WAY.

14.9.7 Flood Prevention

14.9.7.1 This section of the plan contains a policy that addresses flood prevention measures. Development and flood risk is covered in section 2.5 of Part 1 of the Plan and by Strategic Policy UDP SP14, Development in Flood Risk Areas

14.9.7.2 Where flood defence measures are necessary in association with a development proposal, including the provision of off-site works, the grant of planning permission will be subject to a suitable condition requiring the completion of works prior to the commencement of development. Alternatively, the developer may be requested to enter into a planning obligation by agreement. Long-term maintenance of any flood protection will also need to be agreed at this stage.

14.9.7.3 Specific and recurrent flooding problems have occurred at various places in the County, such as in Llanelwedd, Knighton and the Severn valley. The Environment Agency (EA) is responsible for maintaining, improving and carrying out flood prevention or alleviation works to main rivers including the Rivers Severn, Vyrnwy, Ithon, Lugg, Teme and Wye. Responsibility for other ordinary watercourses lies with the County Council in its capacity as Land Drainage Authority, under the Land Drainage Act 1991, and with the Powysland Internal Drainage Board in the Welshpool area. Both authorities have powers to undertake flood defence systems, although the Act does not make this a duty and therefore each can only be encouraged to overcome this problem where it affects existing developments provided there are no adverse impacts on the natural environment. For instance, culverting should be avoided where it would result in the loss of natural habitats.

POLICY DC14 - FLOOD PREVENTION MEASURES

FLOOD PREVENTION AND ALLEVIATION MEASURES WILL BE PERMITTED WHERE PRACTICABLE AND REASONABLE, SUBJECT TO THEIR BEING IN ACCORDANCE WITH THE ENVIRONMENT AND CONSERVATION POLICIES AND PROPOSALS OF THE PLAN.

IF FLOOD DEFENCE MEASURES ARE REQUIRED TO PERMIT A DEVELOPMENT TO PROCEED, A CONDITION WILL BE ATTACHED TO ANY PLANNING PERMISSION, OR A PLANNING OBLIGATION BY AGREEMENT SOUGHT, TO ENSURE THAT THE NECESSARY WORKS ARE COMPLETED PRIOR TO THE COMMENCEMENT OF THE DEVELOPMENT.

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WHERE PROPOSALS INCLUDE SATISFACTORY ALLEVIATION MEASURES TO OVERCOME ANY PROBLEM OF FLOODING RISK INCLUDING THOSE TO THIRD PARTIES, THESE WILL ONLY BE ACCEPTABLE WHERE THEY WILL COMPLY WITH POLICY DC13 CRITERIA C1, C2 AND C3.

14.10 Pollution, Contaminated and Unstable Land

14.10.1 Local Planning Authorities are required [by the Environmental Protection Act 1990, as amended by Section 57 of the Environment Act 1995] to guide development to lessen the risk from natural or man-made hazards, including the risk from contaminated land. Planning applications will be assessed by the Council to ensure that new developments are not at risk from hazards such as subsidence, mine and landfill gas and leachate emissions, landslips or rockfalls and that development does not take place in unstable locations without appropriate precautions.

14.10.2 Similarly, the Council is concerned that developments should not damage the environment through pollution or contamination. For instance, petrol interceptors may have to be fitted to storm water drains in new estates. Where sites have already been contaminated, the Council will work with the Environment Agency and other interested parties to address the problems of contamination and returning contaminated land to productive and suitable uses, including agriculture where possible, whilst seeking to safeguard features of nature conservation, historical or archaeological interest.

14.10.3 Ground instability is a serious threat to public health and safety as it can cause structural damage to buildings or the fracture of gas mains and other public services. Should potential problems arise they are likely to be confined to sites that have been the subject of waste disposal operations or areas where past mineral workings have taken place. For example, consultation is undertaken with the Mineral Valuer/Coal Authority on appropriate applications lying in the South Wales Coalfield in the Ystradgynlais area to assess the extent of risk to the development from mineral workings. Consultation will be undertaken with the Council’s Waste section on planning applications within 250 metres of former known landfill sites. Land which is contaminated in other ways, for example an old sewage works or land used for industrial purposes where hazardous substances have been used or stored, may also give rise to the risk of public safety or pollution of the environment.

14.10.4 Responsibility for determining the extent and effects of instability or other risks lies with the developer, who must ensure that land is suitable for the development proposed. Where a known or potential risk exists, either on the application site or on neighbouring land, developers will be requested to submit an independent and professionally prepared specialist report that should provide an assessment of evidence or data which might reveal ground instability or contamination and how these problems can be overcome. It should demonstrate an adequate appreciation of ground and groundwater conditions and any other relevant factors influencing stability or contamination and should be based on desk studies, site reconnaissance and subsurface investigation, laboratory testing and monitoring. It should be noted that certain aspects of such investigations such as drilling boreholes, might themselves require planning permission. Should contamination be encountered during the development of a site, which was not previously identified, the County Council may require a revised contamination report to be submitted describing the contamination encountered and the proposals for its remedy.

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14.10.5 Additionally, a notice shall be issued with any grant of planning permission informing the applicant that the responsibility and subsequent liability for the safe development and occupancy of the site rests with the developer and/or landowner. The notice will state that the Local Planning Authority has determined the application on the basis of information available to it but this does not mean that the land is free from instability or contamination and does not necessarily imply that the requirements of any other controlling authority would be satisfied.

POLICY DC15 - DEVELOPMENT ON UNSTABLE OR CONTAMINATED LAND

PROPOSALS TO DEVELOP LAND KNOWN OR SUSPECTED TO BE UNSTABLE OR CONTAMINATED WOULD ONLY BE PERMITTED WHERE THE APPLICANT DEMONSTRATES THAT THE PROPOSAL WILL NOT:

1. RESULT IN PROBLEMS OF GROUND INSTABILITY OR CONTAMINATION EITHER ON OR OFF SITE. 2. UNACCEPTABLY ADVERSELY AFFECT PUBLIC HEALTH AND SAFETY, NATURE CONSERVATION, HISTORIC OR ARCHAEOLOGICAL INTERESTS.

PLANNING APPLICATIONS SHALL BE ACCOMPANIED BY A SPECIALIST SITE INVESTIGATION REPORT, WHICH SHALL PROVIDE EVIDENCE ON THE NATURE AND EXTENT OF GROUND INSTABILITY OR CONTAMINATION AND ANY REMEDIAL MEASURES TO OVERCOME THESE PROBLEMS. WHERE REMEDIAL WORKS ARE ACCEPTABLE, CONDITIONS WILL BE ATTACHED TO ANY PLANNING PERMISSION OR A PLANNING OBLIGATION BY AGREEMENT SOUGHT TO ENSURE THAT THESE ARE CARRIED OUT BEFORE THE DEVELOPMENT COMMENCES.

14.10.6 Certain man made sites or pipelines are designated as 'notifiable installations' by virtue of the type or quantity of hazardous substances they handle, such as toxic, flammable, highly reactive or explosive substances. In accordance with the Planning (Hazardous Substances) Regulations, 1992 and Welsh Office Circular 20/92 ‘Planning Controls for Hazardous Substances’, the Council will ensure that the Health and Safety Executive and other relevant organisations are consulted on development proposals for, or affecting, notifiable installations. The Council must be satisfied that the development proposal does not represent a risk to the population in the surrounding or wider community, in terms of health or safety, or have an unacceptable environmental impact.

14.10.7 The Health and Safety Executive defines consultation distances/zones around existing notifiable installations, and they are consulted automatically where planning applications fall within these zones. Powys currently has 6 notifiable sites and 33 high-pressure natural gas transmission pipelines.

POLICY DC16 - NOTIFIABLE INSTALLATIONS

DEVELOPMENT PROPOSALS FOR NOTIFIABLE INSTALLATIONS OR ANY PROPOSAL AFFECTING A NOTIFIABLE INSTALLATION, WILL ONLY BE PERMITTED WHERE THERE IS NO RISK TO PUBLIC HEALTH AND SAFETY, OR UNACCEPTABLE ADVERSE ENVIRONMENTAL IMPACT.

14.10.8 To minimise potential 'bad neighbour' conflict, the Council will ensure that any proposal for development will be compatible with its neighbouring uses. This includes development proposals within the development constraint areas or 'cordon sanitaires' surrounding sewage treatment works where certain nuisance can arise from

General Development Policies 216 Powys County Council UDP 2001-2016 Adopted March 2010 ______odour, insect infestation, noise or vibration. The extent of the constraint area will be assessed on a case-by-case basis and will, for instance, depend upon the nature and source of pollution or nuisance.

POLICY DC17- CORDON SANITAIRES

IN ORDER TO AVOID CONFLICTS BETWEEN NEIGHBOURING USES, DEVELOPMENT WILL NOT BE ALLOWED IN CLOSE PROXIMITY TO POTENTIAL OR EXISTING SOURCES OF POLLUTION OR NUISANCE, SUCH AS SEWAGE TREATMENT WORKS.

14.11 Amenity and Completions Notices

14.11.1 There are instances where the condition of land or buildings becomes derelict or an eyesore to local amenity. Powers are available to the Council under the Town and Country Planning Act 1990 (Section 215) to serve an amenity notice as a way of dealing with such situations, although this power is discretionary and is generally only used as a means of dealing with relatively severe cases. An amenity notice can also assist in cases where there is a delay in the commencement of development resulting in a loss of amenity as a result of neglect.

14.11.2 There are also occasions when construction of a development is commenced but completion is long delayed. In the interim, such development sites can become visually unsightly and unsafe. The condition of partly completed buildings can also deteriorate rapidly. For these reasons the Council will on occasions use available legal powers to require completion of a development.

POLICY DC18 - AMENITY AND COMPLETION NOTICES

PROPOSALS FOR DEVELOPMENT OR THE USE OF LAND THAT WOULD HAVE A SERIOUSLY DETRIMENTAL EFFECT ON THE ENVIRONMENT, LOCAL AMENITIES OR PUBLIC SAFETY WILL BE REFUSED. WHERE THE DETRIMENTAL EFFECT RELATES TO EXISTING USES OR INCOMPLETE DEVELOPMENTS AMENITY NOTICES WILL BE SERVED. THEY WILL ALSO BE SERVED IN CASES OF SEVERELY NEGLECTED OR UNSIGHTLY LAND OR BUILDINGS WHERE THE CONDITION IS HAVING A SERIOUSLY DETRIMENTAL EFFECT ON LOCAL AMENITIES.

COMPLETION NOTICES WILL BE SERVED WHERE THE COMPLETION OF A DEVELOPMENT HAS BEEN LONG DELAYED, TO THE DETRIMENT OF THE ENVIRONMENT, LOCAL AMENITY OR PUBLIC SAFETY.

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Appendix 1 – Rural Settlements in Powys

BRECKNOCKSHIRE

CRICKADARN, GWENDDWR, LLANAFAN FAWR, LLANDEILO’R–FAN, LLANFIHANGEL NANT BRAN, LLANWERN, LLECHFAEN, MERTHYR CYNOG, PENTRE BACH, PENTRE FELIN, PONTFAEN, PONTITHEL, PWLLGLOYW, SARNAU, TAL-Y-LLYN, TIRABAD, TRALLONG, UPPER CHAPEL, YNYS UCHAF

MONTGOMERYSHIRE

ARGAE HALL, BACHELDRE, BELAN, BRONEIRION, BROOKS BRYNHYFRYD, BRYN MAWR, BRYNMELIN, BURGEDIN, BWLCH Y DDAR, CEFN (BUTTINGTON), CEFN CANOL, CEFN COCH (LLANRHAEADR), CERIST, CIL (BERRIEW), CITY, CRIGGION, CWM, CWM LLINAU UCHAF, CYFRONYDD, DDOL-COWNWY, DEUDDWR, DEUDDWR NORTH, DIOSG, DOLFACH, DYLIFE, EAST LLANBRYNMAIR, EFAIL RHYD, FELINDRE (BERRIEW), FELINDRE (LLANIDLOES), FFRIDD, FRON, GEUFFORDD, GLAN-GWYNEDD, GLANMULE, GLANRHYD, GLANYNANT, GLASPWLL, GREEN LANE, GROESPLUAN, HENDOMEN, HENIARTH, HIRNANT, HODLEY, HOPE, HYSSINGTON, LLANGYNIEW, LLANLLUGAN, LLANMEREWIG, LLANWYDDELAN, LLIDIARTYWAEN, LLWYNYGOG, MAESGWYN, MELINBYRHEDIN, MELINYDDOL, MELLINGTON, MOCHDRE, MOELFRE, NANTYMEICHIAID, NEWCHAPEL, NORTH DEUDDWR, , OAKLEY PARK, OLD CHURCHSTOKE, OLDHALL, PANDY, PANTMAWR, PANTYCRAI, PANTYFFRIDD, PEDAIR-FFORDD, PENNANT, PENNANT MELANGELL, PENRHOS, PENSTROWED, PENTRE (CHURCHSTOKE), PENTRE (KERRY), PENTREBEIRDD, PENTREFELIN, PENTRE-LLYMRY, PENTRENANT, PENYFOEL, PENYGARNEDD, PONTDOLGOCH, PONT FELIN, PONTLLOGEL, RHANDIR (LLANGADFAN), RHIWLAS, RHOS COMMON, RHOSYBRITHDIR, RHYDYCROESAU, ROCK-CIL, SAWMILLS (KERRY), SOUTH FORDEN, STAYLITTLE, TAFOLWERN, TALYWERN, TAN HINON, THE GREEN,TREFNANNAU, TYCRWYN, TYLWCH, WAEN-TREDERWEN, WERN- GERHYNT, WHITE GRIT

RADNORSHIRE

ALLT Y CRUG, BOUGHROOD BREST, BRONYDD, BWLCH Y SARNAU, COLVA, CREGRINA, CWM Y GEIST, CWMBACH LLECHRYD, DISCOED, DISSERTH, DOLLEY GREEN, GAUFRON, GLASCWM, GRAVEL, GWYSTRE, LLAITHDU, LLANBISTER ROAD, LLANFAREDD, LLANFIHANGEL NANT MELAN, LLANSANTFFRAED IN ELWEL, LLANSTEPHAN, MICHAELCHURCH-ON- ARROW, RHYDSPENCE, YARDRO

Appendix 1: Rural Settlements in Powys 218

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Appendix 2: Powys Settlements and Allocated Housing Sites (5 or more dwellings)

A : Brecknockshire and Radnorshire Planning Areas

BRECON PLANNING AREA Settlement Name and Site Description / Enclosure No Committed / Allocated Site Capacity Category (Dwellings) LARGE VILLAGES Llanfihangel Tal-y-llyn B18 HA1 - Land at Pistyll Farm Part Committed for 8 16 dwellings SMALL VILLAGE Battle - - - Cradoc - - - Felinfach B13 HA2 - Land to the east of Completed 8 Glandulais Groesffordd - - - Llanddew B17 HA1 - Land opposite village Allocated 10 hall Lower Chapel - - -

BUILTH WELLS PLANNING AREA Settlement Name and Site Description / Enclosure No Committed / Allocated Site Capacity Category (Dwellings) AREA CENTRES B5/6 HA6 - Old Skin Committed 20 Warehouse, Brecon Rd B5 HA1 - Former Gas works, Completed 11 Castle Road B5 HA2 - Tyle Heulog - Land Completed 20 Builth Wells south of Western Grove B5 HA3 - Land to east of Tai Ar Allocated 58 Y Bryn, Hospital Road B5 HA5 - Land to east of Brecon Part Committed for 34 60 Road, incl. Troed yr Bryn dwellings B5 HA7 – Land south east of Allocated 34 Tyle Heulog. KEY SETTLEMENTS B23 HA1 - Land between Committed on part of site 95 Station Rd and Ffos Rd Llanwrtyd Wells B23 HA2 - Site off Llandovery Committed 5 Rd B23 HA3 - Land north-east Erw Allocated 6 Haf LARGE VILLAGES Beulah B3 HA1- Land to south of A483 Committed 15 B3 HA2 – OS enclosure 8922 Committed 15 Erwood - - - Garth B14 HA1 - Land to south-east of Allocated 12 Llais yr Afon Llangammarch Wells B20 HA1 - Land opposite Allocated 16 Penybryn

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SMALL VILLAGES Aberedw R40 HA1 - Land West of Wyvern Allocated 5 Terrace Builth Road - - - Cefn Gorwydd - - - Cilmery - - - Franksbridge - - - Hundred House - - - Llanelwedd - - -

HAY/TALGARTH PLANNING AREA Settlement Name and Site Description / Enclosure No Committed / Allocated Site Capacity Category (Dwellings) KEY SETTLEMENT Aberllynfi (Three Cocks) B26 HA1 - Land North of Railway Allocated 40 Nursery B26 HA2 - Land south of Petrol Allocated 13 Station B4 HA1 - Land on Talgarth Rd Allocated 8 Bronllys B4 HA2 - Bronllys Court and Allocated 30 Village Centre LARGE VILLAGES R45 HA2 - Opposite Baskerville Completed 7 Arms Clyro R45 HA1 - Land adjoining Kilvert Completed 19 View R45 HA3- South of Castle Committed 21 Glasbury R55 HA1 - Land Adjoining Village Completed 6 Hall Llanigon B21 HA1 - Land south of Willow Allocated 16 Glade Llyswen B24 HA1 - Land opposite Bridge Allocated 10 End Inn B24 HA2 - Land at Lower House Committed 12 Farm B24 HA3 - Land south west Bryn Committed 24 Teg

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SMALL VILLAGES Boughrood R43 HA1 - Extension of site east Allocated 5 of Beeches Park R43 HA2- Harold’s Field, Completed 6 Opposite Shop Cwmbach R47 HA1 - Land adjacent to Allocated 8 Methodist Church Ffynon Gynydd R52 HA1 - Land adjoining Gwaun Allocated 5 Derw R52 HA2 - Land East of Well Completed 6 House Llanfilo - - - Llowes - - - Painscastle - - -

Rhosgoch - - - Velindre B27 HA1 - Land north of village Committed 5 farm

KNIGHTON PLANNING AREA Settlement Name and Site Description / Enclosure No Committed / Allocated Site Capacity Category (Dwellings) AREA CENTRE R59 HA2- Former Telephone Allocated 5 Exchange, Ffrydd Road R59 HA1 - Llanshay Allocated 100 Knighton R59 HA3 - Pontfaen, Farrington Completed 26 Lane LARGE VILLAGE R61 HA2 - Land adjacent to Committed 24 Knucklas Glyndwr, part OS Encl. 4819 R61 HA1 - OS Encl. 2015, South of Committed 20 Baptist Chapel SMALL VILLAGES Beguildy R41 HA1- Land north-west of the Committed 5 Radnorshire Arms Bleddfa - - - Felindre - - - Llangunllo - - - Lloyney R73 HA1 - Land adjacent to Rock Allocated 5 View Whitton R90 HA1 - Whitton Court Completed 7

LLANDRINDOD WELLS PLANNING AREA Settlement Name and Site Description / Enclosure No Committed / Allocated Site Capacity Category (Dwellings) AREA CENTRE R66 HA2 - Land adj. Crabtree Allocated 40 Llandrindod Wells Green R68 HA1 - Rear of Ridgebourne Completed 27 Garage R68 HA3 - Wellington Road Completed 11 R67 HA1 - Land adjoining Allocated 5 Tabernacle Baptist Chapel Appendix 2: Powys Settlements and Allocated Housing Sites (5 or more Dwellings) 221

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R66 HA1 - Tremont Parc Part Committed 153 R68 HA2 - Rock House Road Committed 9 R68 HA4 – Land adj. Highland Moors Committed 16 KEY SETTLEMENTS R46 HA1 - Land south of Badger's Allocated 10 Crossgates Green R46 HA2 - Site east of Post Office Allocated 16 R56 HA1 - Land south Llwynbrain Completed 23 estate Howey R56 HA2 - Land west of school Allocated 5 R56 HA3 - Land west of Goylands Committed 11 R77 HA1 - Land at Tylers Patch Committed 30 Newbridge on Wye R77 HA2 - Land south of Allocated 5 Knapplands LARGE VILLAGES Llanyre R71 HA1 - Glebe land south of Completed 13 vicarage Penybont - - - SMALL VILLAGES Abbeycwmhir - - - Dolau - - - Llanbadarn Fynydd R62 HA1 - Land south of Allocated 15 Abergwenlais farm Llanbister R63 HA1 - Land rear of school Allocated 6 Llandewi Ystradenni R65 HA1 - Land adjoining Ithon Allocated 5 View Llandegley - - - R88 HA1 - Land north of village Committed 5 Tanhouse R88 HA2 - Land west of village, Committed 10 Maes View

PRESTEIGNE PLANNING AREA Settlement Name and Site Description / Enclosure No Committed / Allocated Site Capacity Category (Dwellings) AREA CENTRE Presteigne R84 HA3 - Churchview, Broad Committed 7 Street R84 HA1 - Carmelite Completed 41 R84 HA2 - Land west of Completed 25 Caenbrook Meadow R84 HA4 - Land at Scottleton Completed 11 Street SMALL VILLAGES Evenjobb R50 HA1 - Land west of Brook Completed 7 House Gladestry R54 HA1 - Land east of hall Allocated 5

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Kinnerton R58 HA1 - Round plot at centre of Allocated 6 village New Radnor - - -

Newchurch - - - Norton R79 HA1 - Land at Offa’s Green Completed 10

R79 HA2 - Land south of Offa’s Complete Green 5 Old Radnor R80 HA1 - Land adjoining Court Allocated 5 Fold Walton - - -

RHAYADER PLANNING AREA Settlement Name and Site Description / Enclosure No Committed / Allocated Site Capacity Category (Dwellings) AREA CENTRE R85 HA2 - Tir Gaia Committed 70 R85 HA5 - Lions Yard, West Street Committed 6

Rhayader R85 HA1 - St Harmon Road North Committed 23 R85 HA3 - Bryngwy Allocated 33 R85 HA4 - Caeherbert Lane Allocated 5 R85 HA6 - Cae James, South of Committed 55 Abbeycwmhir Road SMALL VILLAGES Elan Village - - - Llanwrthwl B22 HA1 - Land opposite Allocated 6 Oaklands Nantglas - - - Nantmel R75 HA1 - Brynteg Allocated 8 Pantydwr R82 HA1 - Land north of Min-y- Allocated 6 ffordd St. Harmon R87 HA1 - Land opposite Marteg Completed 6 House R87 HA3 Land north of Allocated 6 Springfields

YSTRADGYNLAIS PLANNING AREA Settlement Name and Site Description / Enclosure No Committed / Allocated Site Capacity Category (Dwellings) AREA CENTRE B31 HA1 - Land at Bryn Y Groes Allocated 65 B32 HA1 - Land east of Brecon Part committed 40 Ystradgynlais Rd, Penrhos B30 HA3 - Land Rear of 91 Station Committed 10 Rd B30 HA1 - Land rear of Jeffreys Allocated 34 Arms, Brecon Road B30 HA2 - Land at former Hillcrest Committed 6 Motors, Brecon Road B30 HA4 – OS enclosure 1735, Committed 15 South West of Brecon Road

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LARGE VILLAGES B1 HA1 - Land north of Tan y Allocated 5 Abercraf Garth B1 HA2 - Land east of Dan-y-Fron Completed 20 B10 HA1 - Site north of Cefn Byrle Allocated 5 Coelbren Rd B10 HA2 - Site south of Allocated 15 Brynawelon Cwmtwrch (Upper and - - Lower) - B34 HA1 - Land at Gurnos Cross Committed 10 Gurnos Garage B34 HA2 - Land at Former Cadet Allocated 18 Force, Cwmphil Road B34 HA3 - Land at Gorof Road Completed 15 SMALL VILLAGES Cwmgiedd - - - Caerbont - - - Caehopkin - - - Caerlan - - -

B. Montgomeryshire Planning Areas

LLANFAIR CAEREINION PLANNING AREA Settlement Site Description / Enclosure No. Committed / Allocated Site Capacity Name and Category (Dwellings) AREA CENTRE M154 HA1 - Mount Road Allocated 14 Llanfair Caereinion M154 HA2 - OS0089 Watergate Completed 32 Street M154 HA3 - OS6906 Watergate Allocated 20 Street M154 HA4 - Former Livestock Completed 8 Market LARGE VILLAGES M103 HA1 - West of Timber Yard Completed 5 Adfa M103 HA2 - OS 1700 Completed 7 M103 HA3 - OS2607 Completed 15 M103 HA4 - OS500 Completed 15 Manafon M173 HA1 - Church Cottage Allocated 13 M173 HA2 - Adjacent Filling Completed 7 Station SMALL VILLAGES Cefn Coch - - - Foel M130 HA1 - Pt OS 9443 / OS Completed 13 0246 Llanerfyl - - - Llangadfan M158 HA1 - Adjacent School Committed 15 New Mills - - - Pontrobert M186 HA1 - OS 0886 Yew Tree Committed 13 House

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LLANFYLLIN PLANNING AREA Settlement Site Description / Enclosure No. Committed / Allocated Site Capacity Name and Category (Dwellings) AREA CENTRE M157 HA1 - N. of Link Road/ N. Committed 55 Llanfyllin of Stadco M157 HA2 - Creftiau Cain Completed 12 M157 HA3 - Bachie Lane Allocated 10 M157 HA4 - South of Maesydre Allocated 25 OS 6589 M157 HA5 - Old Depot Site Committed 5 KEY SETTLEMENT M165 HA3 - Bronhyddon Committed 11 Llansantffraid M165 HA4 - Spoonley Farm Completed 50 M165 HA5 – Additional land at Allocated 20 Spoonley Farm LARGE VILLAGES Abertridwr M102 HA1 - Adjacent Bryn-y- Allocated 5 Fedwen M102 HA2 - OS 4218 Allocated 10 M102 HA3 Land Opp. Ty’r Ysgol Allocated 5 Llangynog M161 HA2 - Adjacent Church Allocated 5 Llanrhaeadr Ym M164 HA1 - OS0776 Allocated 20 Mochnant Llansilin M166 HA1 - Bryn Celyn Committed 14 M166 HA2 - Opposite Wynnstay Committed 23 Arms Meifod M174 HA1 - Rear of Springfields Completed 9 M174 HA2 - Extension to Completed 5 Broniarth View Penybontfawr M184 HA1 - OS 7063 Completed 23

SMALL VILLAGES Bwlch-y-cibau - - - Dolanog - - - Llanfechain - - - Llanfihangel M156 HA1 - OS 0056 Allocated 5 Llangedwyn M159 HA1 - Maes Watkin Allocated 10 Llanwddyn - - - Pen-y-Bont Llanerch M185 HA1 - Opposite Pen-Y- Completed 5 Emrys Bont Inn

LLANIDLOES PLANNING AREA Settlement Site Description / Enclosure No. Committed / Allocated Capacity Name and Category Site (Dwellings) AREA CENTRES M162 HA1 - Opp. Rock Terrace, Allocated 11 Fan Rd M162 HA2 - Rear of Pen-y-borfa Allocated 18 Llanidloes M162 HA3 - OS 0039, East of Allocated 30 KTH, Gorn Road M163 HA4 - OS 0007, East of Allocated 47 Rhos y Maen Uchaf M163 HA5 - North of Completed 9 Dolgwenith, Bryndu Road M163 HA6 - Ty Coch Lane, OS Allocated 5 6582 M162 HA7 - Rear of Trewythen Completed 14 Hotel Appendix 2: Powys Settlements and Allocated Housing Sites (5 or more Dwellings) 225

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M162 HA8 - Rear of Bridgend Allocated 6 Mill M162 HA9 – Land adj. Manweb Committed 15 Station KEY SETTLEMENTS Llandinam M149 HA1 - Saw Mills Allocated 15 M149 HA2 - Adjacent Waulk Mill Allocated 20 M193 HA1 - Old School / Committed 65 Trefeglwys Memorial Hall and land to the rear M193 HA3 - Land adj. Llwyn Allocated 20 Celyn LARGE VILLAGE Llangurig M160 HA1 - Adjacent Pen-y- Committed 9 bont Farm M160 HA2 - Adjacent Maesyllan Allocated 15 SMALL VILLAGE Cwmbelan - - - Llawr-y-glyn - - - Y Fan M202 HA1 - Adjacent Y Fan Allocated 5 Chapel M202 HA2 - South of Manledd Allocated 5 Chapel M202 HA3 - South of Village Allocated 5 Hall

MACHYNLLETH PLANNING AREA Settlement Site Description / Enclosure No. Committed / Allocated Capacity Name and Category Site (Dwellings) AREA CENTRE M172 HA1 - Mynydd Griffiths Completed 7 Phase 2 Machynlleth M172 HA2 - Garsiwn Completed 11 M172 HA3 - Land to the east of Allocated 5 the Vicarage, Newtown Road M172 HA4 - OS 1546, Allocated 30 Aberystwyth Road LARGE VILLAGES M148 HA2 - East of Glanclegyr Committed 9 Llanbrynmair (Maes Derwen) M148 HA3 - West of Bryn Coch Allocated 7 M183 HA1 - Adjacent Completed 8 Penegoes Independent Chapel M183 HA2 - OS 8600, Adjacent Committed 17 P.O.S. SMALL VILLAGES Abercegir - - - Aberhosan - - - Bontdolgadfan - - - Cemmaes M116 HA1 - Opposite Glan-afon Allocated 5 Commins Coch - - - Cwm Llinau - - - Darowen - - - Derwenlas - - - Esgairgeiliog Ceinws - - - Forge - - - Glantwymyn M136 HA1 - Adjacent Coed Derw Committed 5 M136 HA2 - OS4425 Allocated 5

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Llan M147 HA1 - Opposite Aelbryn Allocated 5 Llanwrin M169 HA1 - Council Site Committed 10 Talerddig - - -

NEWTOWN PLANNING AREA Settlement Site Description / Enclosure No. Committed / Allocated Capacity Name and Category Site (Dwellings) AREA CENTRES M182 HA1 - Pengwern Committed 46 M178 HA2 - OS 4555 Bryn Lane Committed 34 M178 HA3 - OS 6347 Bryn Lane Committed 50 M178 HA4 - South side of Bryn Committed 10 Lane Newtown M178 HA5 - OS 5332 Sycamore Completed 41 Drive M178 HA6 - Hendidley, Milford Committed 13 Road M179 HA7 - Llys Ifor Committed 5 M178 HA8 - Vernon House, Completed 6 Llanllwchaiarn Road M178 HA9 - Central Dairies, Completed 52 Lower Canal Road M180 HA10 - Black Hall, Garth Allocated 25 Owen M180 HA11 - Severn Heights, Committed 78 Brimmon Close M181 HA12 - Rock Farm, Committed 146 Llanllwchaiarn M181 HA13 - South of Fronlas Allocated 95 Wood, Llanllwchaiarn M181 HA14 - OS 6268, South of Allocated 60 Rock Farm M182 HA15 - Adjacent Glandwr, Completed 18 Vaynor M179 HA16 - Ffordd Croesawdy Committed 33 M180 HA17 - Rear of Pentecostal Committed 26 Church M179 HA18 - 12 Lower Canal Completed 7 Road M179 HA19 - 1-3 Market Street Completed 8 KEY SETTLEMENTS M101 HA1 - Remainder of land Completed 21 north of School Abermule M101 HA2 - Land Opposite Completed 40 School M101 HA3 - Adj. The Mill. South Completed 63 of the School M101 HA4 - Adj. The Rectory Allocated 5 M112 HA1 - Adj. to the Hospital Committed 40

M112 HA2 - Adjacent the School Committed 24 Caersws M112 HA3 - OS 5832, North of Allocated 32 Carno Road M112 HA4 - OS6413, South of Allocated 19 Carno Road M113 HA2 - Rear Alleppo Completed 10 Merchant Carno M113 HA3 - South of Maes Completed 9 Cerniog Appendix 2: Powys Settlements and Allocated Housing Sites (5 or more Dwellings) 227

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M113 HA4 - South of Completed 23 Tremynoddfa M141 HA1 - Dolforgan View / Committed 50 Penarron Drive Kerry M141 HA2 - Pt OS 4200 Completed 10 M189 HA1 - OS 2200 Adj. Forest Completed 14 Lodge Sarn M189 HA2 - East of Min y Sarn Allocated 35 M189 HA3 - Sarn Inn Allocated 6 M194 HA1 - South of Llys Cynon Allocated 5

M194 HA2 - Adj. Green Terrace, Completed 15 Tregynon OS 8263 M194 HA3 - Adj. The Manse Committed 15 M194 HA4 - Part OS 7852 and Completed 62 Part OS 0054 LARGE VILLAGE M106 HA1 - North of Brynteg Allocated 5 Bettws Cedewain M106 HA2 - Pt. OS 1756 and OS Committed 12 2368 Bryn Bechan M106 HA3 - Adjacent Ffordd Allocated 10 Newydd SMALL VILLAGES Aberbechan M97 HA1 - South of Tynllwyn Committed 8 Aberhafesp M99 HA1 - Rear of Beechcroft Allocated 10 Bwlch-y-ffridd - - - Clatter M118 HA1 - Part OS 8867 Completed 5 Dolfor M127 HA1 Land opp. Fairview Committed 6 Llandyssil - - - Llanwnog M168 HA1 - Western Part OS Allocated 5 2700 M168 HA2 - Northern part of Committed 5 Maes y Cwm estate Stepaside - - -

WELSHPOOL PLANNING AREA Settlement Site Description / Enclosure No. Committed / Allocated Capacity Name and Category Site (Dwellings) AREA CENTRE M196 HA1 - Burgess Lands Allocated 70 M196 HA2 - Adj. Brynfa Cottage Completed 38 M196 HA3 - Part OS 5536 Allocated 30 Gungrog Farm M197 HA4 - Rear of the Mount, Completed 10 Mount Street Welshpool M198 HA5 - WR Davies / Completed 38 County Highways Depot M198 HA6 - Land south-east of Allocated 5 Llys Hafren M197 HA7 - Rear of High Committed 8 Street, Park Lane M198 HA8 - Smithfield South, Allocated 30 Mill Lane M198 HA10 - Foundry Lane Completed 7 Depot, Cae Glas

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M198 HA11 - Greenfields, Cae Allocated 10 Glas

KEY SETTLEMENTS Berriew M105 HA1 - East of Glan Yr Allocated 20 Afon M105 HA2 - North of Glan Yr Allocated 20 Afon M117 HA1 - Rear of Village Hall Committed 27 Churchstoke M117 HA2 - Old Poultry Committed 12 Hatchery M117 HA3 - Adj. Fir Court Completed 14 M117 HA4 - Adj. Fir House Allocated 25 M117 HA5 - The Garage, Castle Committed 6 Road M117 HA6 - Adjacent The View Committed 11 M133 HA1 - Adj. Oldfield (Opp. Part Committed 71 Four Crosses Golden Lion) M133 HA2 - The Clawdd Completed 10 M133 HA3 - Plas Foxen Phase Completed 8 4 M133 HA4 - Adjacent The Completed 5 Grove M176 HA1 - OS 2300 Forden Allocated 5 Montgomery Road M176 HA2 - OS 5109 and adj. Committed 50 New Road M176 HA3 - Adj. Tan Y Mur Completed 12 M195 HA1 - Parc Caradoc Completed 29 Trewern M195 HA2 - Garreg Bank Completed 10 LARGE VILLAGES Arddleen M104 HA1 - Adj. Naylor House, Committed 12 OS 0002 Crew Green M121 HA1 - South of Malt Rise Completed 7 M121 HA2 - Old Garage Site, Completed 10 B4393 M121 HA3 - Adjacent The Firs Committed 6 M138 HA1 - OS 2200 Sarn Committed 46 Guilsfield Meadows M138 HA2 - Granllyn Cottage, Committed 5 Celyn Lane Kingswood M143 HA1 - Springfields Completed 20 M150 HA1 - Adj. Orchard Completed 20 Llandrinio House M150 HA2 - OS 4161 Adj. Completed 10 Llwyn Coch (Meadow View) Llanymynech M170 HA1 - Part OS 3978, Committed 25 Carreghofa Lane M175 HA1 - Golfa Close Completed 6 M175 HA2 - Adj. Caravan Park Committed 5 Middletown M175 HA3 - Adj. Methodist Completed 6 Church M175 HA4 - Part OS 0036 and Allocated 15 0041, west of Golfa Close

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M188 HA1 - Part OS 0916 (Adj. Allocated 5 Refail The Willows) M188 HA2 - South of Gro Completed 8 Cottages SMALL VILLAGES Caerhowel - - - Castle Caereinion M114 HA1 - Adj. Tyn Llan Committed 7 Coedway - - - Forden M131 HA1 - Adj. School Allocated 5 Fron Bank / Cilcewydd - - - Garthmyl M135 HA1 Land Adj. Minffordd Allocated 6 Groesllwyd - - - Leighton Pentre - - - Pool Quay - - - Sarnau - - -

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Appendix 3 – Proposed Supplementary Planning Guidance

Supplementary Planning Purpose Guide 1. Conversions Guidance on sympathetic conversion of buildings, especially agricultural buildings. 2. Advertisements Review of existing Areas of Special Advertisement Control, and guidance on good design. 3. Shop fronts Design of shop fronts including guidance on shutters, grilles and other security devices, canopies, signage and illumination. 4. Accessibility and Advice on designing an accessible environment, mobility pavements, streets, lifetime housing, public buildings, historic buildings, shops, workplaces, parking, etc. 5. Energy Conservation Low impact housing, photo-voltaics, solar panels, and Generation renewable energy and other practical measures for saving energy. 6. Residential Design Dwelling and extension design, housing layout, amenity Guide space, recreation areas, and space between dwellings. 7. Highways Design Road design and geometry, junctions and visibility Guide splays, estate roads, parking guidelines, street lighting, traffic calming. 8. Listed Buildings Practical advice on development affecting listed buildings, and the maintenance of historic buildings. Conservation Plans may be prepared for complex sites with significant conservation interest. 9. Conservation Areas Designation of new conservation areas and the review of existing designations, with advice on sympathetic design and proposals for enhancing areas. 10. Housing Needs Survey Assessment of housing needs across Powys, including the identification of local need for affordable housing. 11. Landscape Appraisal Character appraisal of Powys’ landscape, which will inform the location and design of developments. 12. Biodiversity, Trees and Protecting and incorporating measures that promote Nature Conservation and protect biodiversity within developments e.g. trees (TPOs), hedgerows and landscaping. 13. Agricultural and Rural Explanation of the special justification and planning Workers Dwellings requirements for rural workers dwellings. 14. Amenity and Play Guidance on the circumstances in which amenity and Space play space should be provided by developers, and advice on the future maintenance of this space. 15. Water Supply and Guidance and advice in relation to known ‘problem’ Waste Water areas, alternative forms of treatment, and future Management maintenance and management issues. 16. Welsh Language and Guidance upon the implications of development upon Culture the Welsh language and culture, particularly where language is an important characteristic. 17. Planning Obligations Advice on obligations and the circumstances in which they will be used.

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Glossary and Acronyms

Adopted Plan The final statutorily approved version of the Plan Affordable Local Permanent housing provided for sale or rent at prices below Needs Housing the market rate. Affordable housing is provided to meet a special local housing need which cannot be met by housing on the open market and is subject to a legal occupancy agreement. Afforestation The planting of trees, normally conifers, on large open tracts of countryside. Aggregates Local material which when mined or processed can be used for construction purposes, for example crushed rock, sand and gravel. Agricultural Dwelling A dwelling which is subject to a condition or legal agreement that it shall only be occupied by someone who is employed or was last employed solely or mainly in agriculture, forestry or other appropriate rural employment. Allocation Area of land identified within the UDP, which is reserved for a specific use such as housing and employment. Amenity The pleasant or normally satisfactory aspects of a location which contribute to its overall character and the enjoyment of residents or visitors. Anaerobic Digestion Method of waste treatment that traps methane from organic matter and converts it to carbon dioxide to produce heat and electricity. Ancient/Semi-Natural Original woodland where no or minimal re-planting has Woodland taken place. Ancillary Uses of land or buildings which technically differ from the main (or primary) use, but which are lesser importance and are permitted by reason of their association with the primary use. Appeal The process whereby an applicant can challenge an adverse decision on an application by means of written representations, an informal hearing or formal inquiry proceedings. Appeals can also be made against the failure of the planning authority to issue a decision, against conditions attached to permission and against the issue of an enforcement notice. Archaeological Investigation of land, objects or material for the purpose of Assessment obtaining and recording information of archaeological or historic interest to determine whether the findings are of significant value. Area of Outstanding Area designated by the Countryside Council for Wales Natural Beauty where the primary purpose is the conservation and (AONB) enhancement of natural beauty including flora, fauna, geology and landscape Article 4 Direction A planning measure which takes away specific permitted development rights where the Local Planning Authority considers it appropriate to control such development. E.g. within a Designated Conservation Area

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Article 14 Direction Issued by the Secretary of State or the Welsh Assembly Government to restrict the grant of planning permission by a local planning authority, either indefinitely or for a specified period, normally to give the Department time to decide whether to call in the application. Biodiversity The richness and variety of living things (plants, birds, animals, fish and insects etc.), which exist in a given area, and the habitats that support them. Borrow Pit Mineral working required to supply material solely for a specific short-term construction project. Brownfield Site Land which is or was previously developed by a permanent structure (excluding agricultural or forestry buildings) and associated infrastructure. Buffer Zone An area retained between two types of development to protect each from likely conflicts. Building Preservation A notice under Section 3 of the Planning (Listed Buildings Order and Conservation Areas) Act 1990 to protect buildings of special architectural or historic interest from demolition or alterations that would affect their interest. Cadw - Welsh Historic Part of the Welsh Assembly Government, responsible for Monuments. the designation, conservation, preservation and promotion of ancient monuments and buildings of historic or architectural interest. Certificate of Lawful A legal certificate issued by the Local Planning Authority Use or Development confirming that a development was originally carried out without planning permission (or in breach of a planning condition) is now lawful. Chalet A building, generally of wood construction, normally used for temporary/holiday purposes. Change of Use More correctly referred to as a 'material change of use'. A change in the use of land or buildings that is of significance for planning purposes, often requiring planning permission. Circular Advice and planning guidance issued by the Welsh Assembly Government to local planning authorities on planning issues. Class A1 SHOPS of all types including superstores and retail warehouses; also includes hairdressers, sandwich bars (except those selling hot food), travel agents, launderettes, dry cleaners, showrooms (except car showrooms) Class A2 FINACIAL AND PROFFESSIONAL SERVICES to visiting members of the public, including banks, building societies, estate agents, betting offices, legal services etc. Class A3 FOOD AND DRINK including restaurants, pubs, wine bars and take-aways. Class B1 BUSINESS USE including offices (other than those falling in Class A2) research and development, and industrial processes, providing that the use can be carried out in any residential are without detriment to amenity due to noise, vibration, smell, fumes, smoke, soot, ash or grit. Class B2 GENERAL INDUSTRIAL processes other than one falling within Class B1. Glossary and Acronyms 233 Powys County Council UDP 2001-2016 Adopted March 2010 ______

Class B3 STORAGE AND DISTRIBUTION including warehouses and wholesale cash and carry. Class C1 HOTELS. Class C2 RESIDENTIAL INSTITUTIONS including schools, hospitals, nursing homes and colleges. Class C3 DWELLING HOUSES occupied by a single person or family or by not more than 6 persons living together as a single household. Class D1 NON RESIDENTIAL INSTITUTIONS including religious buildings, public halls, museums, medical services. Class D2 ASSEMBLY AND LEISURE including bingo halls, cinemas, indoors sports, casinos. Committed Site A site where planning permission exists for housing development but the development has not been completed. Conditions Stipulations attached to a planning permission to limit or direct the manner in which a development is carried out. Conservation Area Area designated by the Local Planning Authority within a town or village to conserve or enhance the buildings, trees or open spaces within it. Conservation Area Consent required from the local planning authority before Consent demolishing an unlisted building in a conservation area Contaminated Land Land that has been polluted or harmed in some way rendering it unusable without remedial work. Countryside Council The Welsh Assembly Government’s statutory advisor on For Wales (CCW) sustaining natural beauty, wildlife and the opportunity for outdoor enjoyment in Wales and its inshore waters. Curtilage Area attached to and containing a building, often a domestic garden associated with a house. Deposit Period Period of statutory public consultation when representations may be made on any part of a Local Plan. Unresolved objections will usually be considered at a Public Local Inquiry. Development The carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or land. Development Brief A statement outlining the general proposals and requirements for the development of a specific site including detailed design. Development Control The process whereby a local planning authority decides whether a planning application meets the requirements of planning policy, particularly as set out in development plans. Development Limit Line drawn around a settlement to show the extent of the area within which development will be permitted. Diversification The introduction onto farms of new enterprises which are not normally associated with traditional farming activities but strengthen the viability of the farm.

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All the plants and animals of a particular area and how they Ecosystem interact with their environment and each other. Procedures by a local planning authority to ensure that the Enforcement - terms and conditions of a planning decision are carried out, or that development carried out without planning permission is brought under control. Notice requiring the discontinuance of an unauthorised use Enforcement Notice and/or the removal of buildings, including restoration of land, where development has been begun without permission or in breach of a condition. Environment Agency Central Government agency responsible for environmental regulation to ensure air, water and soil quality Environmental Impact An assessment of the impact, whether beneficial or Assessment (EIA) adverse, of a development proposal upon the environment and produced in the form of an Environmental Statement. Flood Risk An assessment of the potential for flooding at a site. Assessment Frontage development Development that faces a road. Full Application An application including full details of a development proposal. General Permitted Regulations specifying permitted development rights and Development Order procedures in relation to the handling of planning 1995 (GPDO) applications. Greenfield Sites Land that has never been built on, usually grassland, farmland or heath. Hazardous A building, which contains characteristics or properties of Installations being explosive, highly flammable, toxic or carcinogenic. Hazardous Waste Has one or more characteristic or properties of being explosive, highly flammable, toxic or carcinogenic. Housing Association An organisation, usually charitable, which provides housing for the public, normally for rent. Highly Vulnerable All residential premises (including hotels and caravan Development parks), public buildings (e.g. schools, libraries, leisure centres), especially vulnerable industrial development (e.g. power stations, chemical plants, incinerators), and waste disposal sites. Hydro-Electric Power Electricity generated from the flow of water. Important Amenity Land or space, either within or adjacent to a settlement, Space which provides important character and setting through its pleasantness of situation and attractive features. Infill Development within an otherwise built-up frontage. Inset Maps. Plans of the towns and villages which illustrate in greater detail policies and proposals not able to be shown on the Proposals Map Inward Investment Financial investment in commerce or industry that originates from outside the area. Light Industry Industrial and manufacturing processes, which have limited detrimental impact upon any neighbouring, land uses. Listed Building A building included on the List of Buildings of Special Architectural or Historic Interest prepared by the Secretary of State. Glossary and Acronyms 235 Powys County Council UDP 2001-2016 Adopted March 2010 ______

Local Agenda 21 The process established as a consequence of the Rio Earth Summit in 1990 with the objective of seeking action on sustainable development issues at the local level. Local Biodiversity Aims to ensure that species and their habitats of national Action Plan regional and local importance are protected from inappropriate development. Produced by the Local Authority in partnership with landowners, conservation bodies and the community. Local Nature Reserve Area designated under the National Parks and Access to (LNR) the Countryside Act 1949 as being of particular importance to nature conservation and where public understanding of nature conservation issues is encouraged. Local Planning The Authority which is responsible for preparing Authority development plans and controlling development. Local Transport Plan Plan which sets out the County Council’s transport strategy, implementation, policy and priorities for transport improvements in Powys. Material Change of Used to describe changes to the use of land or buildings Use which make them so different that they adopt a character different to that which previously existed. Material Consideration Relevant, additional documents and/or information that must be taken in to account in relation to a planning application or plan representation. This includes development plans, Supplementary Planning Guidance, Technical Advice Notes and Development Briefs. National Nature Area designated by Countryside Council for Wales to Reserve protect and conserve nationally important areas of wildlife habitat and geological formations and to promote scientific research (Open) Countryside Land outside the development limits of the villages and towns Outline Application Application to establish in principle the development of a site subject to subsequent approval of detailed matters. Permitted Rights to carry out certain limited forms of development Development Rights without the need to make an application for planning permission, as granted under the terms of the Town and Country Planning (General Permitted Development) Order 1995. Phasing The development of a site in gradual stages over a period of time rather than all at once. Planning Condition Planning permission can be granted subject to planning conditions to ensure that development is or is not carried out in a certain way. Planning Gain The principle of a developer agreeing to provide additional benefits or safeguards, often for the benefit of the community, usually in the form of related development supplied at the developer's expense.

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Planning Obligation This can be a legal undertaking by a developer only, or a legally binding agreement with the Local Planning Authority. Planning Obligations are finalised before planning permission is granted. They are used to ensure that a planning permission is carried out in a certain way. Planning Policy Wales Planning guidance produced by the Welsh Assembly Government and supported by a series of topic based Technical Advisory Notes. Policies Land use policies which describe the Council’s approach for the development and use of land Primary Shopping Accessible and main shopping street(s) within a town Frontage centre’s Retail Core Area which primarily contains shops (Use Class A1). Proposals Land use and development proposals which describe the Council’s adopted course of action to achieve its stated aims. Proposals Map The map within a Local Plan which illustrates the policies and proposals for the development and use of land. Detailed areas are shown on Inset Maps. Protected Species Plant and animal species, including all wild birds, protected under the Conservation (Natural Habitats and Conservation) Regulations 1994, the Wildlife and Countryside Act 1981 and subsequent amendments, or other species protected under legislation specific to them. Public Local Inquiry A formal public inquiry, chaired by an Inspector appointed by the Welsh Assembly Government, and held by the Local Planning Authority into unresolved objections made on the Local Plan. Public Open Space Land provided in urban or rural areas for public recreation, (POS) though not necessarily publicly owned. Ramsar Site Area identified under the internationally agreed Convention on Wetlands of International Importance, especially as waterfowl sites and as Sites of Special Scientific Interest focusing on the ecological importance of wetlands generally. Renewable Energy Energy produced by methods using unlimited and natural resources, e.g. wind or water, rather than limited resources, e.g. coal or oil. Reserved Matters In relation to an outline planning application or outline planning permission, any details which have not been given in the application in relation to siting, design, external appearance, access and landscaping which will require approval at a later date. Retail Core Area Defined shopping and commercial area within a town centre. Ribbon Development Linear development along a road frontage. Scheduled Ancient A structure placed on a schedule compiled by Cadw in Monuments Wales for protection under the Ancient Monuments and Archaeological Areas Act

Glossary and Acronyms 237 Powys County Council UDP 2001-2016 Adopted March 2010 ______

Site of Special The term used to define an area of under the Wildlife and Scientific Interest Countryside Act 1981, as amended, as being in the opinion (SSSI) of the Countryside Council for Wales, of special scientific interest by reason of its flora, fauna, water or geological or physiographical features. The purpose of the designation is to protect the special features of the site. Statutory Required by law e.g. Act of Parliament. Sui Generis Many uses do not fall within any Use Class and therefore are described as Sui generis - a class on their own. For example, theatres, amusement centres, car showrooms, petrol filling stations are among uses which are specifically excluded from any defined classes. Supplementary Documents which include more detailed advice on specific Planning Guidance policy areas and also include development briefs and (SPG’s) design guides which set out site specific planning requirements or general advice which is too detailed to include in the UDP. SPG’s should be read in conjunction with the UDP but does not replace them. Sustainable Ensuring that the needs of the present are met without Development compromising the ability of future generations to meet their needs. Technical Advice Technical advice notes for Wales which provide topic-based Notes (TAN’s ) supplements to the policy document Planning Policy Wales Tree Preservation A legal order giving protection to trees and woodland which Order (TPO) makes it an offence to cut down, top, lop, uproot or wilfully damage or destroy specifically identified trees without prior consent from the Council. Use Classes Order Statutory Instrument that contains a classification of land (1987) uses. (See Class A1- D2 above) Wind Fall Sites A site for new development which is currently unallocated but has the potential to come forward for development during the plan period. Wind Farms Sites upon which wind turbines collectively generate electricity. Written Justification Written part of the Unitary Development Plan which provides a justification and explanation of why the plans policies and proposals have been chosen.

Glossary and Acronyms 238 Powys County Council UDP 2001-2016 Adopted March 2010 ______Acronyms

BBNP Brecon Beacons National Park BOATs Byways Open to All Traffic BSE Bovine Spongiform Encephalopathy CAP Common Agricultural Policy CAT Centre for Alternative Technology CCW Countryside Council for Wales EA Environment Agency (Wales) EIA Environmental Impact Assessment EU European Union FE Forest Enterprises GDP Gross Domestic Product GPs General Practitioners (Family Doctors) HSOP Housing Strategy Operational Plan ICT Information and Communication Technology LA21 Local Agenda for the Twenty First Century LNR Local Nature Reserve LPA Local Planning Authority LTP Local Transport Plan NHS National Health Service NNR National Nature Reserve NPFA National Playing Fields Association ONS Office for National Statistics PCC Powys County Council PPW Planning Policy Wales (Published by WAG) RUPPs Roads Used as Public Paths SA Sustainability Appraisal SAC Special Area of Conservation SEA Strategic Environmental Assessment SME Small and Medium Enterprises SPA Special Protection Area SPG Supplementary Planning Guidance SSSI Site of Special Scientific Interest TAN Technical Advice Note (Published by WAG) TCPA 1990 Town and Country Planning Act, 1990 TPO Tree Preservation Order UDP Unitary Development Plan WAG Welsh Assembly Government

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