ENCLOSURE 5
Brecon Beacons National Park Authority
PLANNING, ACCESS AND RIGHTS OF WAY
COMMITTEE
19 August 2008
RECOMMENDATIONS OF THE AREA PLANNING MANAGERS
ON APPLICATIONS FOR DETERMINATION BY
THE PLANNING, ACCESS AND RIGHTS OF WAY
COMMITTEE
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INDEX
ITEM APP No. APPLICANT ADDRESS RECOMMEN- DATION
1 08/01576/FUL Taste In Wales Ltd Manor Hotel, Brecon Permit Road, Crickhowell.
2 08/01609/FUL Airwave Solutions Castell Dinas, Refuse Ltd Pengenffordd, Talgarth.
3 08/01787/FUL Mr Trevor The Market Garden, Wern Refuse Thompson Fawr, Talgarth.
4 08/01832/FUL Pegasus Retirement Former Police Station, Lion Refuse Homes Plc Street, Brecon.
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ITEM NUMBER: 1
APPLICATION NUMBER: 08/01576/FUL APPLICANTS NAME(S): Taste In Wales Ltd SITE ADDRESS: Manor Hotel Brecon Road Crickhowell Powys NP8 1SE GRID REF: E: 321309 N:219395 COMMUNITY: Crickhowell DATE VALIDATED: 22 February 2008 DECISION DUE DATE: 23 May 2008 CASE OFFICER: Mr Denis Canney
PROPOSAL Construction of new hotel accommodation and leisure facility with spa ADDRESS Manor Hotel, Brecon Road, Crickhowell
CONSULTATIONS/COMMENTS Consultee Received Comments
Crickhowell Town 20th Mar 2008 Initial comments before the redesign of the scheme: Council Members believe that this is a modernistic design which has a lack of empathy with the surrounding area and is not in keeping with the National Parks policy and the existing Manor building. There is a problem with the access route as this is a single track road which is also the access to four dwellings, there are no plans to improve
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the access road or entrance which should be included if there is an increase in traffic, there is already a dangerous spot as it joins the A40 with 60 mph zone.
It has been brought to the Council's attention that there will be an encroachment on neighbours privacy therefore recommends refusal of the application.
Powys County Council 2nd Jul 2008 Advise consultation with Mid Wales Trunk Road Agency Highways
Mid Wales Trunk Road 25th Mar 2008 Proposed development will likely lead to a significant Agency (C/P) increase in vehicular movements through the existing access and consequently we must advise that there have been a number of recorded injury accidents located at the access over a number of years. In order to confirm that highway safety conditions will not be compromised, we must request that the applicant submit a detailed Transport Assessment which clearly indicates the number of vehicle movements that will be generated by the site when the development is completed. This must include all customers/visitors, employees and service traffic generated on a daily basis.
Transport Wales, Transport Directorate
NP Building 10th Apr 2008 I believe that the scheme submitted diverges significantly Conservation Officer both in scale and design from the outline designs that were presented on site.. The proposals will intrude to too great an extent and present too urban an aspect on this approach to Crickhowell currently open ground. The use of two storeys will be most difficult to achieve without seriously affecting the setting of the listed building and impacting on the landscape.
CADW Ancient 20th Mar 2008 The proposed development is located in the vicinity of Monuments the scheduled ancient monument known as Gwernvale Administration Chambered Cairn (BR016). This is a considerable development on the front elevation of the Manor Hotel, which overlooks the BR016 on the roadside below. The scheduled ancient monument lies to one side of the entrance drive to the hotel and there is certainly no direct, physical impact on the monument from the proposed development. So large an addition to the hotel is bound to have an impact on the setting of the burial chamber, but it stands at some distance and the aesthetic impact is reduced due to the space between the two structures. The existing setting of the ancient monument is not a surrounding of such appropriateness that it
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requires protection from the perspective of the burial chamber itself.
Clwyd Powys 6th Mar 2008 Clwyd Powys Archaeological Trust (CPAT) have Archaeological Trust recognised the presence of the Scheduled Ancient Monument BR 016 stating that detailed splay plans should be submitted, CADW should be consulted and would object if the development impacts on the scheduled ancient monument.
Brecknock Access 14th Mar 2008 Request further information to satisfy access Group requirements.
Powys County Council 19th Mar 2008 Building Regulations Details provided at this stage are limited but appear adequate for consideration of planning permission. Following observations are made:- 1. Provision of wheel chair accessible bedroom to satisfy Approval document M. 2. Provide further details of lift design 3. Door schedule and corridor widths to satisfy Approved document M 4. Provision of wheelchair accessible toilets and changing facilities to leisure complex 5. Provision of car parking facilities and access to building 6. Clarify if there is a link to existing building 7. Internal stairs, handrails etc, to satisfy Approved Document M
Sports Council For No response Wales
NP Head Of Strategy 3rd Apr 2008 In policy terms (policies in the Authority Approved UDP) And Policy the above proposal is unacceptable for the following reasons:- The proposals contra verve policy G3 criteria (i),(iii),(iv) and (v) in that they would have an unacceptable impact on the special qualities of the National Park, the scale, form and design are inappropriate to the surroundings and will detract from the quality of the surrounding landscape and the existing building. The proposed development is not sufficiently integrated into the environment and will have unacceptable impact on the amenity of the area and general public.
It is contrary to Policy G6 criterion ii) in that the proposals do not sustain or enhance the character of the
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landscape.
The proposals are also contrary to policy Q16. The open field in front of the original listed building is a key element of the buildings character. This would be destroyed by the location of the proposed additional buildings, their scale, design and proximity.
Llangattock Community 26th Mar 2008 The application site is in a very exposed and prominent Council position on the north side of the valley, and therefore it is essential that any new buildings should be extremely well designed to minimise the visual impact from the Llangattock side.
It is felt there has been a credible attempt to design the new buildings into the ground below the existing hotel, to take this into account, although there is some concern over the amount of glazing and possible sun reflection. Further, it is noted that a planting scheme is shown in the field below the site as viewed from the A40 highway, but that will have little or no screening effect from across the valley.
Environment Agency 7th Mar 2008 No objection - standard advice applies. Wales
Crickhowell Town 30th Jul 2008 No further comments Council
Llangattock Community 29th Jul 2008 Further to the Councils comments of 24.3.08 it is Council considered that the latest plans are an improvement on the original in endeavouring to integrate the proposed development into the landscape, with the bund and the proposed landscaping scheme, and more in accord with BBNP UDP Policy G6.
There is some concern, however, that the proposed spa building will extend the development away from the existing hotel complex and into open countryside and outside the development area for Crickhowell, contrary to Policy G3.
The proposed planting scheme will soften the impact of the building from the A40 road below, but it will, of course, be many years before the trees in front of the buildings will grow sufficiently to provide any significant screening effect when viewed across the valley from the Dardy/Llangattock side. Therefore, it is considered essential that the proposed changes to the existing
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complex to reduce the overall impact of the existing building (reducing the number of windows, wall plantings, and use of alternative external finishes from brilliant white etc) should be implemented.
It is noted that policy Q16 (The setting of Listed Buildings) is also relevant.
If the development takes place, there will presumably be increased traffic movements at the access point from the A40 highway. While highway improvements were carried out some years ago, traffic speeds on this stretch of road can be quite high and there is a real accident potential, particularly for vehicles from Crickhowell direction turning right.
Countryside Council 25th Jul 2008 For Wales
Powys County Council 24th Jul 2008 Commenting Highways
NP Building 30th Jul 2008 The issue here is one of impact on the setting of the Conservation Officer listed building.
The physical impact is very limited. The setting of the Ancient Monument (the burial chamber by the A40) is in my view minimal. The site sits alongside a busy A road and the presence of a larger hotel some two fields away is not going to impact upon its setting.
The existing early 19th century Gwernvale House has been extended in the later 19th century and has suffered from a particularly insensitive extension to the east in the early 1970s. The setting as it stands is therefore not good. The proposals have come a long way from those initially submitted.
The whole frontage will have its impact reduced by the use of a counterscarp and a glacis slope. This, if planted up and integrated into a scheme for the field at the front, should enable the recreation of a Parkland setting as originally existed. This will in turn help integrate the new work into the landscape.
A vital part of the scheme is to diminish the impact of the 1970s block, and along with the new work, make it subservient to the original house. This will be the only element not heavily landscaped and thus become the
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centre of visual attention. (This element is also the subject of a separate LBC application).
It is a bold scheme and I would not be supportive were this a pristine early 19th century house in an unspoilt setting. However the works carried out during the 1970s have seriously marred its setting and this scheme gives an opportunity to ameliorate that and better integrate the works then done along with the work now proposed to the betterment of the site as a whole.
NP Head Of Strategy 30th Jul 2008 And Policy
NP Ecologist 23rd Jul 2008 Following site meetings and discussions there are no objections in principle from a landscaping perspective.
Overall the combined use of the landscaping scheme and the planting on the structure of the new hotel accommodation and spa can provide effective screening of the proposed development and enhance the setting of the existing hotel buildings. Minor clarifications and amendments sought will help strengthen the desired effects of the landscaping.
Countryside Council 2nd Apr 2008 CCW objects to the proposal unless it is changed in the For Wales ways described below.
The proposal is located in the national park, a nationally designated landscape, the statutory purposes of which include conservation and enhancement of natural beauty and enjoyment of its special qualities. In addition to this, the application is sited within a landscape area assessed as having a high visual and sensory qualities using Countryside Council for Wales LANDMAP Methodology CCW accept that the current hotel building contains large elements that are not in keeping with character of the original manor house or surrounding landscape. However, CCW still consider that the proposals are out of character with the surrounding landscape and will have a detrimental impact on it in the following ways The scale of the proposal new extension will create one of the largest buildings that can easily be viewed in open countryside near Crickhowell.
The materials proposed for the construction of this building (and in particular the large expanse of presumably highly reflective glass) are likely to add to the
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negative landscape impacts of the proposal, making the proposed extension far more visible from a distance and in particular the hills around Dardy and FFawyddog on the opposite side of the valley.
We consider that the possible adverse effects would be avoided or minimized in the following ways:- A reduction in the size of the proposed extension Far less use of glass as a construction material, a more white appearance the extension would allow it to blend in far more with the surrounding buildings Far more extensive landscaping works than already proposed to shield the proposed extension from views both from the nearby A40 and from the other side of the Usk valley.
The removal of the timber cladding of the retaining wall To conclude, CCW objects to the proposal unless the above modifications and conditions are made to our satisfaction.
Mid Wales Trunk Road 14th Apr 2008 No objections - based on information supplied by agent. Agency (C/P)
Brecknock Access Group
CADW Ancient 7th Jul 2008 Commenting Monuments Administration
Llangattock Community Council
Crickhowell Town 18th Jul 2008 No adverse comments - Council Following reconsultation on revised scheme the Town Council has no adverse comments to the much improved plans however draw attention to the problems that neighbouring properties are already experiencing on the access road and which extra traffic may exacerbate. The Town Council would also like the entrance onto the A40 to be addressed as this is already a dangerous spot as the entrance/exit meets the trunk road in a 60mph zone.
Countryside Council 4th Aug 2008 Commenting For Wales
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Clwyd Powys 25th Jun 2008 Commenting Archaeological Trust
Environment Agency 4th Aug 2008 Commenting Wales
NP Building 30th Jul 2008 Conservation Officer
NP Head Of Strategy 31st Jul 2008 The redesign of the scheme has significantly reduced the And Policy mass of the proposed extension. This with the materials and proposed landscaping , particularly after the 15 year period shown on the drawings, serve to screen the proposed extension; it softens and improves the unattractive existing 1960s extension and crucially better balances the appearance of the listed building in the whole proposal (In the original scheme the listed building was lost to the proposed extension).
In terms of Policy G3 criteria i), ii), iv) and v), Planning Policy have suggested that the proposal is now much more appropriate to the surroundings. The proposal, in terms of visual impact, has effectively been designed and screened to keep this to a minimum and could be argued to have improved it given the proposals for the existing unattractive extension. Policy consider that the design and landscaping as proposed would enable the extension to be integrated into the landscape and therefore no longer have an unacceptable impact on the amenity of the area.
Planning Policy consider in terms of Policy G6 the current proposal may sustain the character of the local landscape and that the setting of the listed building is no longer adversely affected (Policy Q16).
Powys County Council 25th Jun 2008 No Comments Building Regulations
Powys County Council On the basis of our design guide it seems unlikely that Highways the parking facilities offered will be adequate. The total requirement of 97 spaces is needed for guest bedroom and leisure uses without accounting for staff. Without information on staffing arrangements we can only advise that the facilities do not meet the necessary levels and the development does not receive any support from the Highway Authority.
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Sports Council For Wales
Mid Wales Trunk Road 18th Jul 2008 Transport Wales have now reconsidered the proposed Agency (C/P) development and it is quite clear that the development when completed will have the potential to generate a significant number of vehicle movements.. as stated in our letter of 18th March 2008, there have been a number of recorded injury accidents as a result of turning movements into the site access. Accordingly Transport Wales have now concluded that they are unable to support the proposed development without the provision of access improvements which would accommodate the increased right turning traffic that will be generated.
Previous discussions with the agent acting for the applicant, regarding the provision of a right turning lane was being considered by the applicant. As a result of our renewed concerns for highway safety at the access we would respectfully request that full details of the access improvements be submitted and approved as part of his planning submission.
30th July - I would suggest that the condition (Grampian) should require that full engineering details need to be submitted and approved by the LPA for a right turn lane facility on the trunk road prior to any works commencing on site.
Secondly, the right turn lane facility shall be fully constructed to the written satisfaction of the LPA and open to traffic prior to any works being commenced on the proposed development.
Transport Wales, Transport Directorate
NEIGHBOURS NOTIFIED
The Owner/Occupier, The Farmhouse , Gwernvale The Owner/Occupier, Gwernvale Manor Cottage, Gwernvale Farm The Owner/Occupier, The Old Coach House Gwernvale Farm, Crickhowell
CONTRIBUTORS Mr And Mrs Baxter, The Farmhouse , Gwernvale Mr B R Smith, 27 Beaufort Avenue, Llangattock Park
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D T Williams, Gwernvale Manor Cottage, Gwernvale Farm Cllr J Morris, Graig Barn Farm, Llangenny Lane G.R.Powell, Porthmawr, Brecon Road Andrew Fryer, Wern Watkin, Hillside Mrs W Cracroft, Llwynfedwen Farmhouse, Gliffaes Road James H. Williams, Gwernvale Manor Cottage , Brecon Road, Crickhowell. Eliizabeth Gibbs, Brecon Beacons Park Society, Aber-y-ail, Cyffredyn Lane, Llangynidr, M J Richards, The Old Coach House Gwernvale Farm, Crickhowell HELEN RHYDDERCH-ROBERTS, Glan Nant, Brecon Road M E Bevan, The Old Potting Shed, Gwernvale Jaselle Williams, 3 Hearne Road, London
NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY
Several letters of objection and support have been received in relation to the application.
Those in favour are summarised as follows;
Proposal will improve the appearance of an unsightly extension previously approved. Proposal will generate local jobs. Proposal will provide much needed leisure facility for public and school use. Proposal will provide much needed meeting and conference room facilities. Proposal will provide economic benefit to local community.
Those against proposal are summarised as follows;
Proposal will worsen already unsatisfactory parking and access arrangements. Proposal will have detrimental impact on neighbouring properties that share access. Proposal will have detrimental impact on privacy and overlooking issues. Proposal will not generate local jobs. Proposal will cause disruption to residential properties served off access to Manor during construction operations. Proposal will be visually intrusive and detrimental when viewed from across the valley from the Dardy and Ffawydog because of its scale, mass and glare from glazing. Proposal will have a detrimental impact on the listed building. Proposal is not in accordance with the statutory purpose of the National Park.
PLANNING HISTORY App Ref Description Decision Date K12214 Outline Planning Permission for Refused 11/10/91 indoor sports building.
K12039 Full Planning Permission for external Permitted 04/09/91 Refurbishment & alterations, new indoor swimming pool/leisure suite & new conservatory.
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K12919 Consent to display 3 internally Refused 08/01/93 illuminated box signs suspended from existing pole sign.
K13843 Alterations & extension to hotel to Permitted 13/01/95 provide additional bedrooms, ancillary accommodation etc & associated landscaping (FULL)
K18500 External alterations to include Permitted 03/10/02 removal of existing windows, reduce opening sizes & replace French doors.
P21461 Restoration & conversion of Refused 16/05/06 outbuildings to disabled annex.
RELEVANT POLICIES Policy Description Plan
G3 Development in the National Park Unitary Development Plan 2007
G6 Design Unitary Development Plan 2007
Q16 The Setting of Listed Buildings Unitary Development Plan 2007
Q14 Alterations to Listed Buildings Unitary Development Plan 2007
LPG3 Development in the National Park. Local Plan 1999
LPG7 Design and energy conservation. Local Plan 1999
LPCB2 Listed buildings. Local Plan 1999
LPCB3 Listed buildings. Local Plan 1999
LPCB4 Listed buildings. Local Plan 1999
LPCL8 Archaeology and cultural features. Local Plan 1999
LPCL9 Archaeology and cultural features. Local Plan 1999
Q11 Sites of Archaeological Importance Unitary Development Plan 2007
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Q20 Development relating to the enjoyment of Unitary Development Plan 2007
OFFICER’S REPORT
Site and Development Description
This is a full planning application for an extension and re-development of the Manor Hotel, Crickhowell. The manor is located off the A40 outside Crickhowell. The development includes increased bedrooms and leisure facility, improvement and upgrade of existing Grade II Manor Hotel and its later extension, a new restaurant and rationalisation of service facilities.
The proposal involves developing in front of the existing buildings on part of the lower car park to provide a proposed 28 bedrooms increasing the potential to a total of 46 bedrooms. Also included is a leisure facility comprising swimming pool, wet/well being facilities, spa and treatment rooms and gymnasium.
The development comprises a two storey bedroom area and single storey leisure facility and remodelling the external fabric of the unsympathetic previous extension to the Manor Hotel.
The proposed bedroom facility in front of the existing hotel comprises two storey’s cut back into the ground with glazing, render, stone and substantial landscape screening.
Planning Consideration
This application is a substantial re-development of the Grade II listed Manor Hotel and function room complex. The development is in addition to the Manor Hotel listed building and its adjoining function room. The development comprises development in front of the elevated buildings for accommodation purposes and a leisure complex to include gymnasium, spa treatment rooms and a swimming pool. The leisure complex will be available for public use as well as for use by paying guests at the hotel.
The main issues are identified as –
1. Principle of development & policy context 2. Visual impact 3. Setting and character of listed building 4. Social/economic benefits/ tourism/ community impact/benefits 5. Sustainability 6. Archaeological
1. Principle of development & policy context
The National Park’s statutory purposes are: to conserve and enhance the natural beauty, wildlife and cultural heritage and to promote opportunities for public understanding and enjoyment of the special qualities of those areas by the public. In pursuing these purposes the NPA has a duty to seek to foster the economic and social well being of local communities. In considering all proposals for development the NPA will give great weight to conserving and enhancing the Park’s special qualities and its natural beauty, wildlife and cultural heritage which the designation is intended to protect. (UDP Part 1 Policy 1).
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UDP Part 1 Policy 3 relates to cultural heritage. Development will only be permitted where there is no unacceptable impact on the Park’s cultural heritage. Wherever appropriate, development proposals will be required to demonstrate that provision has been made for the protection, enhancement and positive management of cultural heritage.
UDP Part 1 Policy 4 relates to access to opportunities for enjoyment of the National Park. Proposals which enable access to opportunities for enjoyment of the National Park will be permitted where: i) the proposal is sustainable in terms of its impact on both the environment and the community in which it is located; and ii) there are no unacceptable impacts on areas which are vulnerable to recreational pressure.
This is a major application which falls to be considered principally under Policies G3, G6, and Q14 and Q16 in the UDP. The applicant has supported the application with various economic development policies which are considered point 3 below.
The manor is a prominent elevated building off the A40 trunk road outside Crickhowell. The proposals originally contravened policy G3 criteria (i),(iii),(iv) and (v) in that they would have an unacceptable impact on the special qualities of the National Park, the scale, form and design are inappropriate to the surroundings and will detract from the quality of the surrounding landscape and the existing building. The proposed development is not sufficiently integrated into the environment and will have unacceptable impact on the amenity of the area and general public.
Following negotiation the scheme has been revised to be more sympathetic to its setting by altering the design and mass of the proposal and providing significant landscape screening. Also included is the redesign of the unsympathetic extension to the Manor building which currently detracts from the setting of the listed building. The proposals involving the Manor upgrade, redesign of unsympathetic extension and new proposed development of accommodation and leisure facility have been carefully considered. The current scheme has been arrived at having discounted alternative locations to the east, west and behind the building. The current scheme claims to be the only feasible available solution. The applicant has provided the following information to justify the current preferred option for the site. This information was requested by officers and forms part of the Design Statement.
Siting Options
The Manor Hotel and its leisure facilities occupy a large site and a number of options for siting the proposal was investigated; these being.
The existing upper car park The rear of the existing buildings The existing lawns and garden area The lower car park
The following conclusions were reached in relation to each option.
Upper Car Park
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Developing this side of the existing Manor has been discounted as it greatly increases the mass of the building. It also removed the existing car park therefore meaning that DDA compliance was difficult to achieve.
Rear of Existing Buildings
There are many points against this proposal; not least the cost of achieving DDA access would bring into question the financial viability of the development. It was also discounted as an option as a large number of mature trees would need to be felled and therefore reduce the impact of the mature surrounding planting.
The Existing Lawns
To develop on the existing lawns was discounted due to the mass of buildings created. It would also mean the 1960’s extension would become the centre point of the development and the impact of existing Manor, which should be enhanced, would further eroded.
The Lower Car Park
This option was seen as the best choice as it presented the best opportunities not only for sensitive siting but also improvement of existing facades.
This siting most importantly, achieves the clients’ requirements of achieving a facility that meets the end users demands in manner that retains and enhances the focus of the complex, the original Manor building. It also gives the base for further planting not only to enhance the existing Manor but will allow softening of the sixties/seventies extension.
The open field in front of the original listed building is a key element of the buildings character. This would be significantly affected by the location of the proposed additional buildings, their scale, design and proximity. The landscaping scheme proposed has been designed to mitigate the visual impact with glimpses designed to allow views of the listed building. A landscape bund is proposed upon which trees will be planted. Planning Policy have been reconsulted on the amended scheme and made the following comments.
The redesign of the scheme has significantly reduced the mass of the proposed extension. This with the materials and proposed landscaping , particularly after the 15 year period shown on the drawings, serve to screen the proposed extension; it softens and improves the unattractive existing 1960’s extension and crucially better balances the appearance of the listed building in the whole proposal (In the original scheme the listed building was ‘lost’ to the proposed extension).
In terms of Policy G3 criteria i), ii), iv) and v), Planning Policy have suggested that the proposal is now much more appropriate to the surroundings. The proposal, in terms of visual impact, has effectively been designed and screened to keep this to a minimum and could be argued to have improved it given the proposals for the existing unattractive extension. Policy consider that the design and landscaping as proposed would enable the extension to be integrated into the landscape and therefore no longer have an unacceptable impact on the amenity of the area.
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Planning Policy consider in terms of Policy G6 the current proposal may sustain the character of the local landscape and that the setting of the listed building is no longer adversely affected (Policy Q16).
Following negotiation officers do not now consider the proposed development will have an unacceptable impact on, nor detract from or prevent enjoyment of, the special qualities, natural beauty and cultural heritage of the National Park. Similarly Officers do not consider that the scale, form, design layout and materials are inappropriate to the surroundings of this part of the National Park. The proposed landscaping scheme allows the proposed development to be successfully integrated into the landscape.
2. Visual Impact
The Manor Hotel is a prominent building set in an elevated position with many public views. As stated in 1 above the scheme has been redesigned following officers concerns regarding its visual impact from public views and on the setting and character of the listed building. As well as the redesign a significant landscape planting scheme is proposed which will screen and reduce the mass of the proposal.
In essence the two storey bedroom development in front of the existing buildings has been redesigned to be set back within the ground over two levels. In so doing a landscape bund is to introduced in front of the development which will be planted with trees allowing views of the listed building from the road and across the valley. This is expected to improve the setting of the listed building. Also the leisure complex has been reduced in height and mass to a single storey element, also screened by landscaping. Both of these developments include planted up landscape gardens at roof level contributing to the softening of the built form from near and distant views. The regarding of the unsympathetic existing extension to the Manor has been revamped in the style of the existing Manor hotel building and is thus considered more sympathetic to the setting and character of the listed building.
In essence the visual impact, subject to successful landscape implementation, is considered to have been successfully mitigated so as not to detract from the special qualities of this part of the National Park and character and setting of the listed building. This view is supported by the Planning Policy comments referred to above.
3. Setting and character of listed building
The Manor is a Grade II listed building. The policy context is Policy Q14 and Q16 of the UDP where Q14 relates to Alterations to Listed Buildings and Q16 relates to The Settings of Listed Buildings.
Proposals for extensions or alterations to listed buildings (including internal works) will be permitted if they preserve or enhance the quality of the building, its character, special interest and setting. In all cases the building materials, proportions and detailing must be in keeping with the listed buildings affected. Also, policy states development proposals which would adversely affect the setting of a listed building will not be permitted. Unsympathetic development adjacent to a listed building can destroy its setting, which may be an important part of its character. Historic buildings can lose much of their interest and value if they become isolated from their surroundings eg by new traffic routes, car parks or unsuitable development. Often it is the harmony created by the grouping of buildings and the open spaces between them that create
Page 17 of 69 ENCLOSURE 5 their important character. The NPA assesses whether the setting of a listed building is likely to be adversely affected by judging an application against such criteria as scale, materials, proximity of other buildings, and style.
There is a separate application in for Listed Building Consent in relation to the works to the listed building. However, the Cadw and the BBNP conservation officer have been consulted as part of the planning application. Cadw have identified that it is for the NPA to consider the effect on the listed building consequently I have relied on the consultation response of the BBNPA Conservation Officer. The Conservation Officer has been in negotiation with the agent regarding the scheme and proposed works to the listed building.
The setting of the Ancient Monument (the burial chamber by the A40) is in his view minimal. The site sits alongside a busy A road and the presence of a larger hotel some two fields away is not going to impact upon its setting. He considers there is an opportunity to enhance the immediate setting and condition of the monument along with some interpretation.
The existing early 19th century Gwernvale House has been extended in the later 19th century and has suffered from a particularly insensitive extension to the east in the early 1970’s. This has been exacerbated by the later concrete revetment wall and parking areas below the house. The setting as it stands is therefore not good.
The Conservation Officer considers the proposals have come a long way from those initially submitted. The proposed accommodation below the house is now terraced giving greater opportunities for landscaping, particularly top planted and overhanging vegetation, and utilising the scope and contours of the land away to the east. This should give the impression when mature of a terraced garden with revetments rising up to the lawn in front of the house. Features immediately to the front, lawn of the house are traditional in form (railings and gazebo) and will be an improvement on the existing situation of concrete walls and ad hoc timber structures. The new accommodation structures have a minimal line and impact and are heavily landscaped. Again natural materials that will weather in are used at key points which help to punctuate the design. The greater massing is away under the 1970’s block and utilizes the ground contours and a curved line, and reflects where perhaps service buildings and walled gardens may once have existed.
The whole frontage will have its impact reduced by the use of a counterscarp and a glacis slope. This if planted up and integrated into a scheme for the field at the front should enable the recreation of a parkland setting as originally existed. This will in turn help integrate the new work into the landscape.
A vital part of the scheme is to diminish the impact of the 1970’s block, and along with the new work, make it subservient to the original house. This will be the only element not heavily landscaped and thus become the centre of visual attention. (This element is also the subject of a separate LBC application).
It is in my view of vital importance that the conditions relating to the planting and the final colour scheme and materials used, along with non reflective glass, are detailed and stringent yet flexible to allow the best possible outcome. A garden – like effect should be aimed at on the terraces turning into parkland interspersed with trees beyond the glacis/bund.
It is a bold scheme and the Conservation Officer states he would not be supportive were this a
Page 18 of 69 ENCLOSURE 5 pristine early 19th century house in an unspoilt setting. However the works carried out during the 1970’s have seriously marred its setting and this scheme gives an opportunity to ameliorate that and better integrate the works then done along with the work now proposed to the betterment of the site as a whole.
4. Social/economic benefits/ tourism/ community impact/benefits
The applicant has supported the application referring to a number of policies within the UDP and Planning Policy Wales. The summary of their case refers to statements and text regarding the statutory purposes of the National Park, Future Directions, the National Park Management Plan, UDP policies relating to Listed Buildings, Sustainability and Sustainable Tourism. The case is summarised as follows
There are no specific policies in the UDP that restrict, or provide guidance on the extension or other alteration of existing hotels apart from the general policies relating to Development within the National Park and Design. In addition there is a presumption against the development of separate units of accommodation.
Given the authority’s statutory purposes and duty, in light of the issues highlighted in the authority’s published documents, it is reasonable to assume that a proposal to extend upon an existing tourist based business is acceptable provided fundamental policy considerations are satisfied.
Advice and guidance contained within Planning Policy Wales would certainly support this assertion and it is therefore considered that the proposal to extend the manor hotel in the form submitted is in accordance with policy.
The scheme will extend and builds upon the existing business model which has been very successful. Notwithstanding this, businesses need to adapt and change to ensure that they offer the best level of services and accommodation in an ever changing market place. This is the driving force behind the scheme.
In terms of meeting the wider objectives, the scheme will provide an additional 28 fully serviced double bedrooms, double the existing restaurant capacity, provide leisure facilities which would be available to the general public and much needed conference facilities which the National Park area currently lacks. The anticipated capital investment is aimed at providing a 4 star hotel and leisure facility and will result in employment levels –a total of 35 full time and 15 part time jobs which will provide much needed local employment opportunities.’
In addition to this statement a ‘Statement of Economic Impact’ has been produced which is summarised as follows;
The estimated 15month construction period will involve an estimated job creation of 63 with a value to the local economy of £1,665,000. Continuing benefits in the first year after completion of the project estimated at 104 jobs directly employed or consequently related to the business realising a value to the local economy of £1,856,326.
Whilst an increase to the local economy and jobs created is welcomed this must be balanced against the impact the development will have on the locality and national Park as a whole.
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It should be noted that the interpretation of UDP policy and PPW are not wholly agreed with. The Manor Hotel is essentially an extension (albeit substantial and significant) to an existing operational hotel business in the countryside. Neither of the UDP references are relevant and, strictly speaking, nor are such policy references required in this instance. Whilst the reference to economic policies to justify the development proposal is a valid exercise, this proposal should be governed by other safeguards that are prominent in the UDP to safeguard environmental, and sustainable economic developments.
5. Sustainability
The applicant has supported the application with a sustainability statement.
MANOR SUSTAINABILITY STATEMENT
It is our client’s intention that this development is as sustainable as possible and we identify this is achievable in two key areas,
• Sustainable methods and practices during construction • Sustainability for the longevity of the buildings and the reduction of its carbon footprint.
There will be no take away of materials or dumping off site. The cut and fill study of the proposal allows the existing concrete walls to be demolished, used in situ as fill and then covered and planted. In no material-leaving site, no haulage is used allowing a significant reduction in CO2 and landfill.
Any rainwater will be drained and we will be using a rainwater harvesting system that allows any grey water and rainwater to be harvested and re-used in the toilets and the washing of laundry.
Although the method of construction is yet to be fully agreed some very key principals have been adopted from an early stage, the retaining corridor will be cast in situ concrete but this is offset through leisure facility and the new accommodation rooms being constructed using a timber glue laminated system.
The roof will use a grass/planted/green roof with different applications for the different areas. The advantage of this is • It will reduce the rainfall off the building to the rain water harvesting • It will reduce the carbon take in the construction of standard roofing products, whether they are single ply membranes/sheets/slates or tiles. • A grass/green roof is that it has added insulation values and therefore the heat loss and comfort cooling required in the rooms is greatly reduced.
In respect of the mechanical and electrical standard heat recovery systems will be used therefore no air conditioning will be used. The heat will be recovered from the rooms and sent to the pool to be used as a method of heating the water. The heat recovery will keep the rooms at an ambient temperature without heat loss.
Another intention which is yet to be clarified is that subject to budget is that all new buildings will be heated using geo- thermo slinky loop in either the field below or the grounds below and around the proposed development. This will provide a 2/3 reduction in the use of fossil fuels and therefore reduce the carbon footprint of the Manor.
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Standard practices of any sustainable development in terms of the environment is the use of high insulation, the reduction of the use of non energy efficient glass and using local products and local contractors; this has all been adopted in the sustainable plan in this development.
In conclusion, the clients’ objective to build sustainable and live sustainable are to be achieved, the financial “on cost” has to be measured against life cycle costs. The manor project will deliver a carbon reduction in accordance with the ODPM sustainable guidelines.
It is clear that there are elements within the proposed development that are sustainable during and post development. The rain water harvesting and heat use generated and reused are encouraged and welcomed as are the use of stone and roof gardens.
5. Archaeological Impact
CADW has made the following response ‘The proposed development is located in the vicinity of the scheduled ancient monument known as Gwernvale Chambered Cairn (BR016). …. This is a considerable development on the front elevation of the Manor Hotel, which overlooks the BR016 on the roadside below. The scheduled ancient monument lies to one side of the entrance drive to the hotel and there is certainly no direct, physical impact on the monument from the proposed development. So large an addition to the hotel is bound to have an impact on the setting of the burial chamber, but it stands at some distance and the aesthetic impact is reduced due to the space between the two structures. The existing setting of the ancient monument is not a surrounding of such appropriateness that it requires protection from the perspective of the burial chamber itself.
Clwyd Powys Archaeological Trust (CPAT) have recognised the presence of the Scheduled Ancient Monument BR 016 stating that detailed splay plans should be submitted, CADW should be consulted and would object if the development impacts on the scheduled ancient monument.
Officers have considered both the comments from CADW and CPAT and are satisfied that the setting of the SAM are not detrimentally affected by the proposed development. Any highway improvements can be addressed without impacting on the SAM.
Other Matters
Other matters for consideration include highway issues and issues raised by the objectors.
Highway issues include the access off the A40 serving the development and the internal parking provision. The Trunk Road Agency has expressed concerns regarding the right turn at the Manor access off the A40. Several accidents have been recorded with cars waiting to turn right off the A40. The applicant has been made aware of these concerns and has agreed to highway improvements in this area. Such details can be agreed via a Grampian Condition should planning permission be granted.
Regarding the parking layout proposed, this is showing provision of 51 spaces at the upper car park level and 38 at the lower car park level. Four disable spaces are also indicated. Powys Highways have concerns regarding this level of provision, stating that on the basis of their design guide it seems unlikely that the facilities offered will be adequate. In terms of the parking
Page 21 of 69 ENCLOSURE 5 standard, Highways indicate 97 spaces are needed and at least one coach bay on the basis of guest bedrooms and the leisure facility. Such a requirement makes no account for staff parking.
In response, the applicant has highlighted the fact that there is only a 4 space shortfall and that the design philosophy of reducing visual impact requires that large unused car parks be avoided. The applicant indicates that with the exception of 3no key staff, all other staff will not be permitted to park at the Manor Hotel. Staff will have the option of using a free mini bus service from Crickhowell, walking or cycling.
Your Officers await a further response from Highways in terms of the agents comments, but have suggested that these management arrangements could form the basis of a green travel plan.
The objectors have raised the following issues. Some of which have been addressed in the text above others will be addressed in this part of the report.
Several letters of objection and support have been received in relation to the application.
Those in favour are summarised as follows;
Proposal will improve the appearance of an unsightly extension previously approved. Proposal will generate local jobs. Proposal will provide much needed leisure facility for public and school use. Proposal will provide much needed meeting and conference room facilities. Proposal will provide economic benefit to local community.
Those against proposal are summarised as follows;
Proposal will worsen already unsatisfactory parking and access arrangements. Proposal will have detrimental impact on neighbouring properties that share access. Proposal will have detrimental impact on privacy and overlooking issues. Proposal will not generate local jobs. Proposal will cause disruption to residential properties served off access to Manor during construction operations.
Proposal will be visually intrusive and detrimental when viewed from across the valley from the Dardy and Ffawydog because of its scale, mass and glare from glazing. Proposal will have a detrimental impact on the listed building. Proposal is not in accordance with the statutory purpose of the National Park.
The concerns expressed above are planning considerations and have been considered as part of the officer’s consideration. Officers have relied on the expertise of the highway authority which are considered above. Officers do not consider that neighbouring privacy concerns and overlooking issues will occur because of the developments orientation and scale and distance to neighbouring properties. Inconvenience caused by construction would be of a temporary nature whilst the development was under construction. Noise concerns are in existence already and are more suitably controlled by the Licence issued by the Powys County Council. In any event officers do not consider that the situation will be worsened by the extension proposed. Clearly the proposal will generate more jobs due to increased capacity and expected demand for the facilities. The market will dictate who the employees will be and officers do not consider that the nationality of the employee to be a material planning consideration.
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The proposal as confirmed by the Conservation Officer and Planning Policy will not have a detrimental impact on the character and setting of the listed building but allows an opportunity of improving the view of the building. Consequently Officers do not consider the proposal to be contrary to the statutory purposes of the National Park. In support of the application the proposal will provide local leisure facility for public and school use, an expected four star tourism hotel facility with available meeting and conference rooms and the knock on benefit to the local economy. It is therefore recommended, on balance, that planning permission is granted subject to conditions.
RECOMMENDATION
Minded to permit, subject to the negotiation of an acceptable green travel plan and the following planning conditions:-
1 The development hereby permitted shall be begun before the expiration of five years from the date of this permission. 2 The development shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. NP2 V4, NP3 V3, NP4 V3, NP8 V2, NP10 V2, NP11 V1, NP12 V1, NP14 V1, NP15 V1, NP16 V1, NP17 V1, NP18 V1) except where otherwise stipulated by conditions attached to this permission and unless agreed otherwise in writing by the National Park Authority. 3 No development shall take place until a scheme relating to highway improvement works (including full engineering drawings) has been submitted and approved in writing by the National Park Authority. The agreed scheme shall be implemented before commencement of development of the Manor redevelopment works hereby approved. 4 No development shall commence until a materials schedule (and samples) of all materials to be used externally have been submitted to and approved in writing by the National Park Authority. Development shall be carried out in accordance with the approved details unless otherwise agreed in writing. 5 Those parts of the development which are to be of stonework shall be of local stone, properly coursed, laid on its natural bed in a mortar approved by the National Park Authority. 6 No development shall commence on site or machinery or materials brought onto the site for the purpose of development until a landscape design has been submitted to and approved by the National Park Authority. The submitted design shall include drawings at a scale of 1:200 or 1:500 and a written specification clearly describing the species, sizes, densities and planting numbers. Drawings must include accurate details of all existing trees and hedgerows with their location, species, size, condition, any proposed tree surgery and an indication of which are to be retained and which are to be removed. 7 All planting and seeding comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the completion or beneficial use of the buildings whichever is the sooner, and any trees or plants which within a period of 10 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless the National Park Authority gives written consent to any variation. If any
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plants fail more than once they shall continue to be replaced on an annual basis until the end of the 10 year defects period. 8 No development shall take place until a schedule of landscape maintenance for a minimum period of 15 years has been submitted to and approved in writing by the National Park Authority. The schedule shall include details of the arrangements for its implementation. Development shall be carried out in accordance with the approved schedule. 9 No development shall take place until details of earthworks have been submitted to and approved in writing by the National Park Authority. These details shall include the proposed grading and mounding of land areas including the levels and contours to be formed, showing the relationship of proposed mounding to existing vegetation and surrounding landform. Development shall be carried out in accordance with the approved details. 10 No development shall be commenced on the site or machinery or materials brought onto the site for the purpose of development until adequate measures have been taken to prevent damage to those trees which are to be retained. Measures to protect those trees shown must include: (a) Fencing, of a type and form agreed in writing with the National Park Authority, must be erected around each tree or group of trees. This fencing must be at least 1.25 metres high and at a radius from the trunk defined by the canopy spread. (b) No excavations, site works, trenches, channels, pipes, services, temporary buildings used in connection with the development or areas for the deposit of soil or waste or for the storage of construction materials, equipment or fuel or other deleterious liquids shall be sited within the crown spread of any tree without the prior written consent of the National Park Authority.
(c) No burning of any materials shall take place within 6 metres of the furthest extent of the canopy of any tree or tree groups to be retained.
(d) There shall be no alteration of soil levels under the crown spread of any tree or group of trees to be retained.
11 In this condition ”retained tree” means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of 5 years year(s) from the date of the occupation of the building for its permitted use.
(a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the National Park Authority. Any topping or lopping approved shall be carried out in accordance with British Standard [3998 (Tree Work)]. (b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the National Park Authority. (c) The erection of fencing for the protection of any retained tree shall be undertaken in accordance with the approved plans and particulars before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the National Park Authority. 12 The development hereby permitted shall not be brought into use until the access, turning
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area and parking facilities shown on the approved plan have been properly consolidated, surfaced, drained and otherwise constructed in accordance with details to be submitted to and approved in writing by the National Park Authority and these areas shall thereafter be retained and kept available for those uses at all times. 13 Development shall not begin until parking for site operatives and visitors has been provided within the application site in accordance with details to be submitted to and approved by the National Park Authority and such provision shall be retained and kept available during construction of the development. 14 The glazing used in the development shall comprise of non reflective glass. Details of glazing shall be agreed with the National Park Authority as part of the schedule of materials to be submitted and agreed with the National Park Authority. 15 The hours during which working may take place shall be restricted to 8.00 am to 6.00 pm Mondays to Fridays and 8.00 am to 1.00 pm on Saturdays. There shall be no such working on Sundays, Bank or Public Holidays. 16 The loading and unloading of service and delivery vehicles together with their arrival and departure from the site shall not take place outside the hours of 8.00 am to 6.00 pm Mondays to Fridays and 8.00 am to 1.00 pm on Saturdays nor at any time on Sundays, Bank or Public Holidays. 17 The recommendations of the green travel plan submitted shall be fully implemented upon first beneficial use or occupation of the development approved and shall thereafter be maintained unless otherwise agreed in writing by the Local Planning Authority.
Reasons:
1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To accurately define the development and for the avoidance of any doubt. 3 In the interests of highway safety 4 To ensure the satisfactory appearance of the development. 5 In the interests of conserving the character of the building. 6 To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment. 7 In order to protect the visual amenities of the area. 8 In order that a landscaping maintenance scheme is submitted. 9 10 To ensure adequate protection to existing trees which are to be retained, in the interests of the character and amenities of the area. 11 In order to preserve the character and amenity of the area. 12 In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway. 13 To prevent indiscriminate parking in the interests of highway safety. 14 In the interests of visual amenity 15 To safeguard the amenities of the locality. 16 To safeguard the amenities of the locality. 17 In the interests of ensuring adequate parking for both staff and visitors and promotion of sustainable travel. To ensure the effects of the development in terms of additional traffic and parking are fully mitigated for.
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ITEM NUMBER: 2
APPLICATION NUMBER: 08/01609/FUL APPLICANTS NAME(S): Airwave Solutions Ltd SITE ADDRESS: Castell Dinas Pengenffordd Talgarth Powys LD3 0ET GRID REF: E: 317514 N:230134 COMMUNITY: Talgarth DATE VALIDATED: 11 March 2008 DECISION DUE DATE: 6 May 2008 CASE OFFICER: Miss Eleri Davies
PROPOSAL One 10 metre high timber monopole supporting two 300mm diameter transmission dishes, one 16 metre high timber monopole supporting two 300mm diameter transmission dishes with equipment cabinet situated at the base of the hillside within a 1.2 metre high stockproof fence
ADDRESS Castell Dinas, Pengenffordd, Talgarth
CONSULTATIONS/COMMENTS Consultee Received Comments
Environment Agency 2nd Apr 2008 The EA does not wish to be consulted on this type of Wales application and offer no comments.
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Health And Safety Executive
Powys County Council 28th Mar 2008 Does not wish to comment on the application. Highways
Talgarth Town Council 15th Apr 2008 Concerns regarding the application and querying whether it is a Tetra mast. Request more detail about the mast specification to make relevant comments.
NP Rights Of Way Officer
Open Spaces Society
British Horse Society
Ramblers Association 10th Apr 2008 Concerns regarding the visual intrusion of this equipment Powys set against the backdrop of Castell Dinas.
Health And Safety 20th Mar 2008 HSE does not advise, on safety grounds, against the Executive granting of planning permission in this case.
Talgarth Town Council 18th Jul 2008 Questions the statements made by Babcock Networks in their letter regarding the nature of these installations, the opinion of the applicant regarding the Black Mountains Gliding Club and the claim that the technology is not TETRA. Reiterates health concerns, proximity to an airfield and the extreme proximity to the Castell Dinas Statutory Ancient Monument being an unacceptable intrusion on the skyline.
Brecon Beacons Park 22nd Apr 2008 Proposed development does not accord with either the Society purposes of the National Park or the aims of the Unitary Development Plan. National Park designation should confer the highest status of protection as far as landscape and scenic beauty are concerned. They should not detract from the special qualities, natural beauty, wildlife and cultural heritage of the National Park. Suggest that the positioning of the two monopoles with transmission dishes on the shoulder of the Black Mountains at an elevation of some 350 metres is bound to have an adverse affect on the natural beauty of the area. The proposed development is next to the historic site of Castell Dinas, adjacent to a public footpath and would be very visible from both sides of the pass and from surrounding mountains.
Should the National Park grant permission for this development, request that a condition be attached that
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would ensure the complete removal of the development once it is no longer in use.
Countryside Council 18th Apr 2008 Do not object but wish to make observations. The For Wales proposal is within the Middle Wye Landscape of Outstanding Historic Interest and a landscape area assessed as having 'outstanding' visual and sensory qualities using CCW's LANDMAP methodology. The Landscape of Outstanding Historic Interest is a material consideration in the planning process.
The use of timber cladding will mitigate much of the landscape impact and is small scale. Nonetheless the proposal is in a very sensitive landscape location and very visible from the hillfort and some roads leading to it. Note that a telecommunications installation already exists very close to the site albeit in a slightly less visible position. CCW are concerned that should further telecommunications providers wish to establish further similar installations in this location, there remains the potential for significant cumulative impacts on the sensitive landscape.
Draw attention to UDP Policy ES51 and Local Plan Policy PU10. Whilst accepting the need for telecommunications installations, request that the BBNPA require different providers to share facilities to avoid cumulative damage.
Clwyd Powys 20th May 2008 The two masts will not directly affect the scheduled Archaeological Trust ancient monument known as Castell Dinas. However, the upper mast may have an impact on the setting of the scheduled monument and Cadw should be consulted.
Powys County Council Environmental Health
CADW Ancient 22nd May 2008 Proposed development located near to the scheduled Monuments ancient monument known as Castell Dinas (BR015). The Administration proposed monopoles lie to the west of this important and prominent schooled ancient monument. This medieval monument will not be directly affected by the proposal however its setting will undoubtedly be adversely affected by the imposition of these installations. The erection of these installations will constitute an adverse impact on the setting of a scheduled monument. Planning Policy Wales paragraph 6.5.1 advises that the desirability of preserving an ancient monument and its setting is a material consideration in determining a
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planning application, whether that monument is scheduled or unscheduled.
Talgarth Town Council 17th Jun 2008 Mast is for the exclusive use of the UK's emergency services and public safety organisations and the Town Council thus have concerns regarding potential health impacts on nearby residents. Concerned also about the regular aircraft activity operating from the Black Mountains Gliding Club which is in close proximity.
Talgarth Town Council 13th Jun 2008 Mast is for the exclusive use of the UK's emergency services and public safety organisations and the Town Council thus have concerns regarding potential health impacts on nearby residents. Concerned also about the regular aircraft activity operating from the Black Mountains Gliding Club which is in close proximity.
Talgarth Town Council 20th May 2008 Information regarding the type of pole required.
British Horse Society
Talgarth Town Council 29th Apr 2008 More detailed specifications of the mast type required.
Environment Agency 19th May 2008 Standard advice applies. Wales
Health And Safety Executive
NP Rights Of Way Officer
Open Spaces Society
Powys County Council 14th May 2008 No Comments Highways
Ramblers Association Powys
Black Mountains Gliding 30th Jun 2008 Aircraft take off and land at regular intervals ion the Club direct vicinity of the proposed installations. Concerned about the safety of this installation given the close proximity to the airfield, both to the club's aircraft and their occupants. Concerned about the operation of high intensity radio transmissions in close proximity and disruption to the operation of the installation itself. Concerned about the detrimental impact on businesses and tourism.
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The Owner/Occupier, The Old School, Pengenffordd The Owner/Occupier, Cynog Cottage, The Bank The Owner/Occupier, Lower Panteg , Pengenffordd The Owner/Occupier, Ty Mynydd, Pengenffordd The Owner/Occupier, Heol Rowland, Old Hospital Road The Owner/Occupier, Castle Inn, Pengenffordd The Owner/Occupier, Granary Cottage, Genffordd Farm The Owner/Occupier, Dinas Farm, Pengenffordd The Owner/Occupier, Nant-y-Gwreiddyn, Pengenffordd The Owner/Occupier, Cwmfforest Riding Centre, Pengenffordd The Owner/Occupier, Fforest Mill, Pengenffordd The Owner/Occupier, Blaenau Uchaf, Penbont Road The Owner/Occupier, Trewalkin, Pengenffordd The Owner/Occupier, Canol Fryn, Pengenffordd The Owner/Occupier, Canol Fryn, Pengenffordd The Owner/Occupier, Castle Inn, Pengenffordd The Owner/Occupier, Genffordd Farm, Pengenffordd The Owner/Occupier, Dinas Farm, Pengenffordd The Owner/Occupier, Fforest Mill, Pengenffordd The Owner/Occupier, Troed-yr-Harn, Talgarth The Owner/Occupier, Lower Panteg, Pengenffordd The Owner/Occupier, Canol Fryn, Pengenffordd The Owner/Occupier, Upper Panteg, Pengenffordd
CONTRIBUTORS Mr And Mrs Jones, Tredustan Barn, Tredustan Court Douglas Coleman, The Old School, Pengenffordd Mr And Mrs Jones, The Wern , Penpont Road D H Coleman, The Old School, Pengenffordd Ms. S Durning, 2 New Hospital Villas, Hospital Road Bryan Craven And Nicola Willis, Lower Panteg, Pengenffordd, Brecon, Mrs C E Green, 24 Neuadd Terrace, Bronllys H And J Robinson And I Lapham, 2 Valley View, Beaufort Mr And Mrs Stephens, Upper Trewallin Farm, Pengenffordd Mr And Mrs T White, Llwyn Farm, Cwm Sorgwm Black Mountains Gliding Club, The Airfield, Talgarth Colin and Alison Jones, The Barn,, Tredustan Court, Mr S.D.Parton & Mrs P.C.Parton, Ty Mynydd,, Pengenffordd, Bryan Craven and Nicola Willis, Lower Panteg, Pengenffordd Martin Draper, Cynog Cottage, The Bank K J Price, Pengenffordd Farm, Talgarth E Gibbs, Brecon Beacons Park Society, Aber-y-ail Bryan Craven & Nicola Willis, Lower Panteg , Pengenffordd Steve Parton, Ty Mynydd, Pengenffordd Ulrika Stockhaus-Turner, Heol Rowland, Old Hospital Road Mrs H Swann, Castle Inn, Pengenffordd Mr J Ruck, Granary Cottage, Genffordd Farm Sally Payne, Dinas Farm, Pengenffordd
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J C Prosser, Nant-y-Gwreiddyn, Pengenffordd Paul Turner, Cwmfforest Riding Centre, Pengenffordd Dr N J D Eastwood, Fforest Mill, Pengenffordd Mr And Mrs J Gwillim, Blaenau Uchaf, Penbont Road Mr D Stephens, Trewalkin, Pengenffordd Mr Alvin Parton, Canol Fryn, Pengenffordd Mrs J S W Parton, Canol Fryn, Pengenffordd B W Price, Dinas Court Cottage, Pengenffordd D H Coleman, The Old School, Pengenffordd A Pun And C Sau Yan, Gwrlodde, Penbont Road Antonia Spowers, Genffordd Isaf Bach, Talgarth Mr G Clements, 9 Esgair-y-Gog, Bronllys Mr And Mrs Davies, 4 Regent Street, Talgarth Mr S Swann, Castle Inn, Pengenffordd Mr R G Prosser, Genffordd Farm, Pengenffordd Mr Payne, Dinas Farm, Pengenffordd Ms N E Cook, Fforest Mill, Pengenffordd Mr D Eckley, Troed-yr-Harn, Talgarth Ms Nicola Willis, Lower Panteg, Pengenffordd Mr D W H Parton, Canol Fryn, Pengenffordd John Farmer, Upper Panteg, Pengenffordd Roger Williams, House Of Commons, London Kirsty Williams, 4 Watergate, Brecon
NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY
1 A number of letters of objection and petitions have been received from neighbouring residents and interested third parties.
Summary of the issues raised by objectors:
- Concerns regarding the effect of TETRA technology on physical and mental wellbeing - Depreciation of property and business value - Increased life insurance premiums - Suggest alternative locations - Elevated site visible from a number of vantage points and associated visual impact - Inappropriate site for telecoms mast - Detracts from the historical context of the site ( Castell Dinas Statutory Ancient Monument)- - Includes a roadway and services through a bluebell field - National Park should encourage visitors to the Park by protecting and enhancing the natural environment and the interests of local residents and businesses - Procedural omissions - lack of public consultation and site notice - Affects views from properties - Discourage tourists - Infringement of human rights - Defacing a historic monument and detracting from its setting - Not supportive of what the National Park stands for and the statutory purposes of a National Park
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- Upgrade existing O2 mast - Application inaccuracies
RELEVANT POLICIES Policy Description Plan
G3 Development in the National Park Unitary Development Plan 2007
Q8 Historic Landscapes Unitary Development Plan 2007
Q10 Nationally Import. Archaeological Remain Unitary Development Plan 2007
Q21 Rights of Way and Long Distance Routes Unitary Development Plan 2007
ES51 Telecommunications Installations Unitary Development Plan 2007
LPG3 Development in the National Park. Local Plan 1999
LPCL8 Archaeology and cultural features. Local Plan 1999
LPCL9 Archaeology and cultural features. Local Plan 1999
LPT14 Recreational paths. Local Plan 1999
LPPU10 Telecommunications Local Plan 1999
OFFICER’S REPORT
2 INTRODUCTION
This application seeks full planning permission to erect 2 No timber monopoles supporting 2 No transmission dishes each together with ancillary equipment and apparatus at Castell Dinas, Pengenffordd. The site is located to the South East of Talgarth close to the A479T between Talgarth and Crickhowell and is on land outside any settlement development boundaries as defined by the Brecon Beacons National Park Unitary Development Plan 2007 (hereinafter called ‘the UDP’) and the Brecon Beacons National Park Local Plan 1999 (hereinafter called ‘the Local Plan’).
SITE DESCRIPTION
The site of the proposed development is adjacent to a narrow road (C80 County Classified Highway) accessed from the A479 Trunk Road. A hill ascends from this access road up to the Castell Dinas Statutory Ancient Monument (‘SAM’) to the South East. The site is flanked by Mynydd Troed at a height of over 600 metres to the south west and the Black Mountains with a height of over 700 metres to the east; the A479T trunk road cuts through the valley floor between these and other topographical features. To the west of the application site is Pengenffordd which contains a cluster of dwellings and farms situated on the junction; further
Page 32 of 69 ENCLOSURE 5 properties are located to the north and North West. A public Right of Way (reference: 28/77) transects the application site between the positions of the two proposed monopoles and another (reference: 28/73), which is also the access road referred to above, abuts the site to the north. There are prominent views from the site towards other landscape features as well as into the application site from adjacent features. There is an existing O2 mast together with all ancillary equipment located within an enclosed compound adjacent to the road and approximately 7.00 metres from the proposed compound. The site is identified as being within the Talgarth Airfield buffer and as being within/adjacent to the Gwrlodde and Pen-rhos-dirion areas of the Middle Wye Valley Historic Landscape.
PROPOSAL
The applicants seek full planning permission to erect 2 No timber monopoles, one measuring 10 metres in height and the other 16 metres, each supporting 2 No 300mm transmission dishes. The proposal also includes the construction of a compound area, measuring 6.00 metres by 3.50 metres, adjacent to the existing C80 county classified road. It is on higher ground than the adjacent road and is to be accessed via steps. The compound is to contain an equipment cabinet and ancillary apparatus situated on a concrete slab and will be enclosed by a 1.2 metre high stock proof fence. The site of the proposed compound is currently well screened by shrubs and trees. If permission is granted for this proposal, officers would wish a condition be placed on any approval requiring a landscaping scheme to ensure minimal disturbance to existing features and additional screening where necessary.
The supporting statement claims that the height of the mountains severely limits the options available to Airwave Solutions and that this is the most feasible location for this proposal. The installations are required to be on high ground to project a signal between existing installations and also to minimise the height of the monopoles. The applicants propose to locate the compound away from the monopoles to reduce the bulk of the development and its prominence. The proposed siting is considered the only realistic means of providing a signal out of the steep valley side and the statement claims that, if this application is refused, at least four sites would be required to provide line of sight between the mountains and out to their respective destinations.
RESPONSE TO NEIGHBOUR/THIRD PARTY COMMENTS
The Brecon Beacons National Park as Local Planning Authority has followed procedural requirements. Site notices were erected close to the site on two separate occasions (28/03/08 and 06/05/08). The application was also advertised as Affecting a Right of Way in the Brecon and Radnor Express on two separate occasions (28/03/08 and 07/05/08). The LPA is only required to notify adjoining neighbours and, due to the siting in a field, none were identified as close enough to consult. Following receipt of additional information, all neighbours and third parties who originally commented were re-consulted. An objector incorrectly stated that a roadway is proposed between the compound and the masts; this is not the case.
With regards the apparent inaccuracies in the application, officers have identified the two main concerns of neighbours and third parties as 1) the inaccurate statement regarding proximity to an airfield and 2) reference to an upgrade. The applicant stated that the proposal was not within 3km of an airfield however the Black Mountains Gliding Club is approximately 2km away. This error was highlighted to the agent who was asked for an assessment of the likely impact of the development on this airfield. Regarding the upgrade of existing facilities, officers interpret this as
Page 33 of 69 ENCLOSURE 5 being an upgrade of an existing telecommunications network as opposed to the upgrade of an existing physical installation. The description of development, supporting information and plans clearly represent the works proposed on the site which are not considered by officers as an upgrade of the O2 compound and mast but a new installation.
The issues highlighted by objectors relating to health concerns and the depreciation of property/business values are not considered significant material planning considerations in the determination of this application. Health concerns are covered by separate legislation and Technical Advice Note 19: Telecommunications (hereinafter called ‘TAN 19’) states that ‘Local planning authorities should not seek to replicate through the planning system controls under the health and safety regime. Enforcement of health and safety legislation in this area is a matter for the Health and Safety Executive’. TAN 19 states that it is a statutory requirement that applications for planning permission for development involving the installation of one or more antennas ‘need to be accompanied by a declaration that the equipment and installation, when constructed or installed, will operate in full compliance with ICNIRP guidelines’.
The ICNIRP is the ‘International Commission on Non-Ionizing Radiation Protection’ and the application is accompanied by the required declaration of conformity with Public Exposure Guidelines. This states that the installation hereby proposed at Castell Dinas is designed to be in full compliance with the requirements of the radio frequency (RF) public exposure guidelines of the ICNIRP as expressed in EU Council Recommendation (ref: 1999/519/EC) ‘on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 Hz)’.
CONSULTEE COMMENTS
A list of consultees and their associated comments are listed above. Your officers will only consider comments or objections made by consultees and there will be no individual consideration in cases where responses involve no comments or no objections.
Ramblers Association (Powys) have concerns regarding the visual intrusion of this equipment set against the backdrop of Castell Dinas. To date, no comments have been received from the National Park’s Rights of Way Officer. Concerns are raised by the Black Mountains Gliding Club (BMGC) regarding the safety of the installation given its close proximity to the airfield, both to the club's aircraft and their occupants. BMGC are also concerned about the operation of high intensity radio transmissions in close proximity and disruption to the operation of the installation itself and the detrimental impact on businesses and tourism. Your officers would comment that TAN 19 is clear that the Radiocommunications Agency has the statutory powers to deal with issues of interference. Only if there is clear evidence that a proposal will cause interference will this be dealt with as a material consideration in the determination of a planning application.
Talgarth Town Council does not support the application and raise concerns regarding the need for the installations, the use of TETRA (Terrestrial Trunked Radio) technology and the proximity of the installations to the Castell Dinas SAM. The Authority has considered the proposal and statement put forward in support of this application. Your officers are satisfied that the need for an installation of this nature has been justified and backed up by supporting evidence. With regards TETRA technology, officers requested clarification which was subsequently received stating that the installations ‘are not Tetra masts’. Talgarth Town Council and third party objectors question this statement however, as stated previously, the concerns regarding the effect of Tetra on health is not considered a significant material planning
Page 34 of 69 ENCLOSURE 5 consideration. The proximity of the installations to the Castell Dinas SAM and the resultant impact on the monument’s setting is however a material planning consideration and will be considered in more depth below.
Brecon Beacons Park Society (BBPS) state that the proposed development does not accord with either the purposes of the National Park or the aims of the Unitary Development Plan. National Park designation should confer the highest status of protection as far as landscape and scenic beauty are concerned. They should not detract from the special qualities, natural beauty, wildlife and cultural heritage of the National Park. Suggest that the positioning of the two monopoles with transmission dishes on the shoulder of the Black Mountains at an elevation of some 350 metres is bound to have an adverse affect on the natural beauty of the area. The proposed development is next to the historic site of Castell Dinas, adjacent to a public footpath and would be very visible from both sides of the pass and from surrounding mountains. These issues will be considered in further detail under the ‘Consideration’ section below.
The Countryside Council for Wales (CCW) do not object to the proposal but wish to make observations. The proposal is within the Middle Wye Landscape of Outstanding Historic Interest and a landscape area assessed as having 'outstanding' visual and sensory qualities using CCW's LANDMAP methodology. Landscapes of Outstanding Historic Interest are material considerations in the planning process. The use of timber cladding will mitigate much of the landscape impact however the proposal is in a very sensitive landscape location and very visible from the hill fort and some roads leading to it. A telecommunications installation already exists very close to the site albeit in a slightly less visible position. CCW are concerned that should further telecommunications providers wish to establish further similar installations in this location, there remains the potential for significant cumulative impacts on the sensitive landscape. Whilst accepting the need for telecommunications installations, CCW request that the BBNPA require different providers to share facilities to avoid cumulative damage.
Clwyd-Powys Archaeological Trust (CPAT) states that the two masts will not directly affect the scheduled ancient monument known as Castell Dinas. However, the upper mast may have an impact on the setting of the scheduled monument. Cadw reiterate the comments made by CPAT that the proposed development is located near to the scheduled ancient monument known as Castell Dinas (BR015). The proposed monopoles lie to the west of this important and prominent scheduled ancient monument. This medieval monument will not be directly affected by the proposal however its setting will undoubtedly be adversely affected by the imposition of these installations. Cadw conclude that the erection of these installations will constitute an adverse impact on the setting of a scheduled monument. Planning Policy Wales paragraph 6.5.1 advises that the desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled.
ALTERNATIVE SITES
The application asserts that options further up the hillside become more prominent, harder to access and have a greater impact on the Castell Dinas SAM. The alternative site assessment has been undertaken through an analysis of Ordnance Survey maps, detailed survey of the area and discussions with local landowners. Radio planners have also analysed the acceptability of sites to meet line of sight requirements. The supporting statement concludes that one single site will not project the required signal and that at least two sites are required. Sites need to be accessible, have a suitable electricity supply and have their own compound. It is claimed that the proposed
Page 35 of 69 ENCLOSURE 5 location minimises development and adverse impact to an acceptable level using a technically feasible position. The statement goes on to confirm that the nature of point-to-point communications involving dish antennas is such that they must have a clear line of sight free from obstruction. Consequently, exposure at ground level produced by signals from dish antennas is negligible.
Following a request by the Authority for further details and clarification from the applicant, a letter was submitted in support of the proposal. This states that the option of sharing the O2 compound had been considered however discounted due to little visual or environmental benefit of doing so together with the feasibility of site sharing. A photograph of a timber clad monopole was submitted and Airwave Solutions have confirmed that they would be willing to erect temporary poles on site during a site visit for officers and Members to assess the quality of the poles and their visual impact. The letter confirms that the masts provide a dish link between existing sites and they provide no telecom coverage to the area and they are not TETRA masts. The applicant claims that the installations will not impact upon the Black Mountains Gliding Club due to the distance of the club from the installations and their height. The installation is similar in height to most trees in the area and predominately below the topography of Castell Dinas.
Regarding the site selection process, the applicant states that no realistic opportunities exist to relay the signal out of this valley in any other direction due to the steepness of the valley sides (Mynydd Troed to the south west measures 609 metres and the Black Mountains to the south west/west measure 617 metres at their lowest point). Due to the topography of the Brecon Beacons National Park it is difficult to link sites via a dish link and this represents the optimum solution available to Airwave Solutions. The proposed site at Castell Dinas is situated at a height of over 400 metres. This is necessary to project the required line of sight to other base stations; there are no other sites in this area which have access up to this height. Access must be provided to any telecoms site for build and maintenance reasons and any development must take place within reasonable distance of a road and/or track. The roads in this area are generally down in the valley bottoms and do not provide access up the mountains to vantage points which will provide the required line of site.
With regards alternative options, the applicant claims that the only other way out of this valley is along the south western side of Mynydd Troed and in this direction, it is claimed, there are no accessible vantage points to project the necessary signal. Two sites could be placed near Pencaeau Farm with two further sites at Carn y Castell. However line of site would not be obtained so two further sites would be required to provide the necessary line of sight. In the applicant’s opinion, this scheme is considered to have a considerable impact upon visual amenity beyond that of the proposed scheme. On the 4th July 2008, the Authority requested elevation drawings of the compound equipment and justification why other areas identified pink on the Line of Sight map are not feasible locations. To date, this information has not been received.
CONSIDERATION
Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework. This application is considered against strategic Part 1 Policies 1 and 3 together with policies G3, Q8, Q10, Q21 and ES51 of the UDP and policies G3, CL8, CL9, T14 and PU10 of the Local Plan. Local Plan policies will only be considered where they differ significantly from their UDP counterparts. Regard is also had to the relevant
Page 36 of 69 ENCLOSURE 5 provisions of national planning guidance from the Welsh Assembly Government (WAG), namely Planning Policy Wales (PPW) (2002) and Technical Advice Note 19: Telecommunications (TAN19).
The main considerations in this case are the impact of the proposal on the setting of the Castell Dinas Statutory Ancient Monument (SAM), the impact on the Gwrlodde and Pen-rhos-dirion Historic Landscapes in the Middle Wye Valley and its impact on the public Right of Way that transects the site. Numerous letters of objection and petitions against this development have been received from neighbours and third parties however only matters material to the determination of this application will be taken into consideration.
A Design and Access Statement has been submitted as required by the Town and Country Planning (General Development Procedure) (Amendment) (Wales) Order 2006. This states that the positions of the installations are dictated by the location of the cells with which they will be communicating and by the surrounding topographical features and vegetation. The heights of the monopoles are required to provide an uninterrupted line of sight to the sites they are communicating and are also dictated by the height of surrounding trees and the topography of surrounding lands. In terms of aesthetics, the statement affirms that the design of the dish antennas depends on engineering requirements. The design of the monopoles is technically led to be stable enough to support the apparatus at the required height. It is claimed that the use of timber will blend amongst surrounding vegetation and appear more appropriate in the natural environment. With regards accessibility, the statement claims that radio base stations are not design to be accessible to the public and no specific public access provisions are required to be incorporated.
OPERATIONAL REQUIREMENT
The supporting statement submitted as part of the application declares that Airwave Solutions operates a secure digital radio network for the exclusive use of the UK’s emergency and public safety organisations, namely police, fire, rescue and ambulance. The proposal is part of the UK Government’s critical national infrastructure and is designed to operate during major incidents when conventional networks overload/fail. The Government requires further enhancement known as Ground Based Network Resilience (GBNR) and this involves the provision of radio links between existing base stations using line of sight dish antennas. The proposed installations are required as part of a National project which seeks to secure the linkage of existing base stations within the existing network. It is claimed in the supporting statement that the proposal does not involve enhancement in coverage nor does it involve the deployment of additional base stations. The installations are required to deliver a fall back service to enhance and strengthen the resilience of the network and is claimed to be of critical importance to national security and vital for local communities to prevent loss of emergency services communication. As a direct line of sight between base stations is not possible, an intermediate repeater installation is required.
The preamble to policy ES51 states that ‘the NPA will seek to reduce the impact of any proposal on the Park’s landscape and will pay particular regard to encouraging the use of innovative design solutions’. Policy ES51 reads:
Telecommunications masts and installations required by statutory undertakers, telecommunications providers and the emergency services will be permitted where they conform to other policies in this Plan and where:
Page 37 of 69 ENCLOSURE 5 i) They are demonstrated to be essential for their operation; and ii) There is no satisfactory alternative means of providing for the facility nor an appropriate opportunity for sharing an existing facility.
Airwave Solutions claim that the installations are essential for their operation and, whilst objectors claim that this is not the case, officers consider the applicant has demonstrated such a need in accordance with criterion i) of UDP policy ES51. With regards criterion ii) of UDP policy ES51 which states that ‘there is no satisfactory alternative means of providing for the facility nor an appropriate opportunity for sharing and existing facility’, documentation has been provided by Airwave Solutions stating that this is the most feasible location.
Paragraph 65 of TAN 19 refers to the siting and design of masts and its impact, ‘particularly if located in a designated area’. Officers appreciate that masts have special siting needs and that these monopoles require uninterrupted line of sight. The applicant has provided information regarding alternative options which are discussed above and the perceived greater impact of such options when assessed against the current proposal. The Authority accepts the need for the development and can appreciate that the proposed site is a practical option however these issues must be weighed against the provisions of other relevant policies in the UDP. Officers consider that the applicant has not sufficiently demonstrated that the proposed site is the only solution or explored fully the possibility of alternative siting.
PUBLIC RIGHT OF WAY
Whilst the two proposed monopoles are positioned to either side of a Right of Way, there does not appear to be a long-term impact on this feature and a standard guidance note to developers will suffice. Officers are satisfied that the proposal conforms to the relevant provisions of policy Q21 in that the development will not prevent or adversely affect the use of the public right of way. Whilst the proposed installations may not physically alter the right of way, concern is raised at the impact of the proposal on the enjoyment of the National Park which is discussed below.
CULTURAL HERITAGE
Paragraph 5.3.4 of Planning Policy Wales (2002) (‘PPW’) outlines the statutory purposes and duty of the National Park as a Statutory Landscape Designation. Most weight is afforded to the first statutory purpose which is ‘to conserve and enhance their natural beauty, wildlife and cultural heritage'. Chapter 6 of PPW states the importance of protecting the historic environment in Wales which encompasses, amongst others, archaeology, ancient monuments and historic landscapes. As stated previously, the proposal is within the Middle Wye Landscape of Outstanding Historic Interest; this has been separated into a number of distinct areas. The two distinct areas identified by the constraints check are Pen-rhos-dirion, which the application site is within, and Gwrlodde, which is to the North of the site. The landscape area has also been assessed as having 'outstanding' visual and sensory qualities using CCW's LANDMAP methodology. Part 1 Policy 3: ‘Cultural Heritage’ of the UDP states that ‘Development will only be permitted where there is no unacceptable impact on the Park’s cultural heritage’. Detailed policies Q8 and Q10 refer to ‘Historic Landscapes’ and ‘Nationally Important Archaeological Remains’ respectively.
HISTORIC LANDSCAPE
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Policy Q8 ‘Historic Landscapes’ reads: ‘Development which directly or indirectly either alone or in combination affects those areas listed within Part 2 of the ‘Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales’ will only be permitted if the essential integrity and coherence of the area, as defined in the Register, is preserved or enhanced’.
The Middle Wye Valley is identified in the Part 2 list referred to in policy Q8 and listed in Appendix 5 of the UDP as being a Landscape of Outstanding Historic Interest in Wales. Such landscapes are recognised as one of the nation’s most valuable cultural assets, and as special, often fragile and irreplaceable parts of our heritage. The preamble to policy Q8 states that such a designation ‘does not seek to fossilise landscapes, reconstruct the past or curtail change but to provide the information that is needed to ensure a balance between the protection of the essential historic character of a landscape and its continuing evolution in response to modern needs’. CCW claim that the proposal is in a very sensitive landscape location and is also very visible from the hill fort and some roads leading to it. Concerns are raised regarding the potential for significant damaging cumulative impacts on the sensitive landscape taking into account the existing O2 mast. Officers are concerned about the landscape impact of siting of two monopoles in a prominent and elevated position within a historic landscape of outstanding quality.
CASTELL DINAS STATUTORY ANCIENT MONUMENT (SAM)
Policy Q10 ‘Nationally Important Archaeological Remains’ reads:
‘Development proposals which would have an unacceptable impact on the remains or the settings of an archaeological site of national importance, whether scheduled or not, will not be permitted’.
Paragraph 6.2.1 of PPW states that ‘Local Planning Authorities must work with Government and other agencies having particular responsibilities and powers in respect of the conservation of the historic environment...[including the] Assembly’s executive agency Cadw’. Paragraph 6.5.1 of PPW advises that the desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. The remains of Castell Dinas are designated by Cadw as a Statutory Ancient Monument (SAM). The preamble to policy Q10 states that ‘where there is a development proposal which will affect the remains of an archaeological site of national importance, or the setting of that site, that there is a presumption in favour of its physical preservation in situ’. Cadw conclude that the erection of these installations will constitute an adverse impact on the setting of a scheduled monument. Having regard to the advice received from Cadw, officers are of the opinion that the proposal contravenes the provisions of policy Q10.
NATIONAL PARK’S SPECIAL QUALITIES
Part 1 Policy 1: ‘The Special Qualities of the National Park’ states that
‘In considering all proposals for development the NPA will give great weight to conserving and enhancing the Park’s special qualities and its natural beauty, wildlife and cultural heritage which the designation is intended to protect’.
The proposal is assessed against the relevant provisions of Policy G3: ‘Development in the
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National Park’ which aims to ensure that all development complies with the UDP’s aims and objectives to protect the natural beauty of the Park. Policy G3 states that:
‘All proposals for development or change of use of land or buildings in the National Park must comply with the following criteria, where they are relevant to the proposal’. The following criteria are considered relevant to this proposal: i) the proposed development does not have an unacceptable impact on, nor detract from or prevent the enjoyment of, the special qualities, natural beauty, wildlife and cultural heritage of the National Park; iii) the scale, form, design, layout, intensity of use and use of materials will be appropriate to the surroundings and will maintain or enhance the quality and character of the Park’s landscape and built environment; iv) the proposed development is integrated into the landscape to the satisfaction of the NPA through planting and appropriate management of native species or through the construction of appropriate boundary features[...]
Whilst concerns have been raised by neighbours regarding health impacts, officers are of the opinion that criterion v) of policy G3, which relates to surrounding amenity, does not apply to this case as health concerns are dealt with by separate health and safety legislation as previously discussed. Whilst the use of timber clad monopoles will go some way to mitigating the negative visual impact of the proposal, officers are still of the opinion that these features are alien to the landscape and do not conform to the requirements of G3 iii). Officers are also of the opinion that the proposals have an unacceptable impact on and detract from the enjoyment, special qualities, natural beauty and cultural heritage of the National Park, contrary to the provisions of G3 i). Their proposed siting in prominent and elevated positions visible from a number of vantage points is not considered to maintain or enhance the quality and character of the Park’s landscape. Whilst officers acknowledge the presence of an existing O2 mast in close proximity, this is at lower ground level and less prominent in the landscape. With regards criterion iv) of policy G3 no planting is proposed although this can be conditioned specifically for the compound on any grant of planning permission. Due to the nature of the installations, requiring uninterrupted line of site, screening the two monopoles is not considered a practical option.
3 CONCLUSION
The proposal would have an unacceptable impact on the setting of the Castell Dinas Statutory Ancient Monument, contrary to policy Q10 of the UDP 2007 and policy CL8 of the Local Plan 1999. It is considered that the proposal would also have an unacceptable impact on the special qualities, natural beauty and cultural heritage of the National Park. The introduction of these monopoles to an elevated and prominent position in a Historic Landscape is not considered appropriate. The proposal is thus contrary to the relevant provisions of policies G3 and Q8 of the UDP 2007 and policies G3 and CL9 of the Local Plan 1999. The applicant has not demonstrated to the satisfaction of the National Park Authority that there is no satisfactory alternative means of providing the facility, contrary to policy ES51 of the UDP 2007 and policy PU10 of the Local Plan 1999. For these reasons, the proposal is recommended for refusal.
RECOMMENDATION
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Refuse for the following reasons:
1 The proposal, by virtue of its design and siting, would have an unacceptable impact on the setting of the Castell Dinas Statutory Ancient Monument, contrary to policy Q10 of the UDP 2007 and policy CL8 of the Local Plan 1999. 2 The proposal, by virtue of its design and siting, is likely to have an unacceptable impact on the special qualities, natural beauty and cultural heritage of the National Park. The introduction of the two monopoles to elevated and prominent positions in a Historic Landscape is not considered appropriate. The proposal is thus contrary to the relevant provisions of policies G3 and Q8 of the UDP 2007 and policies G3 and CL9 of the Local Plan 1999. 3 The applicant has not demonstrated to the satisfaction of the National Park Authority that there are no satisfactory alternative means of providing the required facility, contrary to policy ES51 of the UDP 2007 and policy PU10 of the Local Plan 1999
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ITEM NUMBER: 3
APPLICATION NUMBER: 08/01787/FUL APPLICANTS NAME(S): Mr Trevor Thompson SITE ADDRESS: The Market Garden Wern Fawr Talgarth Powys LD3 0DY
GRID REF: E: 316509 N:233304 COMMUNITY: DATE VALIDATED: 18 April 2008 DECISION DUE DATE: 13 June 2008 CASE OFFICER: Mrs Linda Hansel
PROPOSAL Conversion of the disused market garden into a residential dwelling ADDRESS The Market Garden, Wern Fawr, Talgarth
CONSULTATIONS/COMMENTS Consultee Received Comments
Brecknock Access Group
Countryside Council For Wales
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Environment Agency 20th May 2008 Commenting Wales
Countryside Council 22nd Jul 2008 Objects to the proposal. There is not enough information For Wales provided for bat conservation interest within the development. We can give further views when provided with the additional information. The survey report confirms that the site is occupied as a roost by at least one species of bat. Brown long-eared bat is likely to be one of the species.
Requires amendments to the application to include bat roost species and entrances. Also information on features to be retained/established for use by bats as flight lines to and from the roosts.
NP Ecologist 24th Jun 2008 Survey focuses on the poultry shed. No mention of the glasshouse which is also part of the application development. Survey report identifies occupation of part of the roof space by brown long-eared bats. Also possibly other unidentified species.
The design of the development has not been informed by the survey. The initial measures indicated on Design Drawing NG07 (NP6-V1) unlikely to provide adequate mitigation.
Recommends carrying out a second evening emergence survey. Also that the design of the building is altered to provide adequate mitigation and bat enhancement measures.
Once these are agreed and permission is granted, recommends imposition of a number of conditions.
NP Head Of Strategy 8th May 2008 It is the opinion of Strategy and Policy that the current And Policy proposals are fundamentally different to the extant permission due to the inclusion of the greenhouse and the link between the two structures. Strategy and Policy wish to object to the current proposals because the greenhouse does not comply with Policy ES24. In particular it is not considered suitable for the specific reuse as a dwelling and it is not capable of conversion without major or complete reconstruction.
In addition, Strategy and Policy also have concerns regarding the scale of the current proposals. The floor space has substantially increased when compared to the extant planning permission. With regard to these
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concerns, criterion iii of UDP Policy G3 states that 'the scale, form, design, layout, density, intensity of use and the use of materials will be appropriate to the surroundings and will maintain or enhance the quality and character of the Park's landscape and built environment'.
The proposal is also considered contrary to Policy ES27 in that the scale and design of the extensions are not considered appropriate to the dwelling (as approved).
In summary, considers that the proposal is contrary to policy.
Powys County Council 13th May 2008 The highway conditions recommended in response to Highways previous application 07/01396 dated 9th January 2008 are still valid and should be included in any permission granted.
Talgarth Town Council 20th May 2008 Fully approves of the new conversion, layout and design. Considers the proposal will sympathetically incorporate the former gardens and adhere to sustainable principles of function and design.
The previous application was also supported. It is noted that the present new plans are preferable as they have not altered the roof levels or height of the existing buildings.
CADW Ancient Monuments Administration
Clwyd Powys 22nd May 2008 Refers to previous advice given on application Archaeological Trust 07/01396/Ful dated 29/11/08. Recommends that a condition be imposed requiring a photographic survey of the buildings prior to the conversion.
Powys County Council 6th May 2008 Principal entrance door, external paths, WC door and Building Regulations internal doors and corridor widths to satisfy Approved Document M
Countryside Council 12th May 2008 CCW objects to the proposal because there is not For Wales enough information for them to assess the possible effects. Refers to comments on previous application (ref 07/01396/ful) requesting that a protected species survey is undertaken in order to ascertain whether bats or barn owls are present and also commenting on landscape and Historical Interest. Site is located within the Black Mountains Northern fringe which is a landscape of outstanding visual scenery value. The site also falls within
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an area of Special Historic Interest (Middle Wye Valley).
NEIGHBOURS NOTIFIED
The Owner/Occupier, The Gardens, Wernfawr
NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY
1 None Received.
PLANNING HISTORY App Ref Description Decision Date
P20781 Proposed conversion of disused Permitted 21/07/05 market garden buildings into a dwelling
07/01396/FUL Conversion of the disused market Refused 08/05/08 garden into a residential dwelling.
RELEVANT POLICIES Policy Description Plan
G3 Development in the National Park Unitary Development Plan 2007
G6 Design Unitary Development Plan 2007
Q4 Protected and Important Wild Species Unitary Development Plan 2007
Q5 Biodiversity and Development Unitary Development Plan 2007
Q8 Historic Landscapes Unitary Development Plan 2007
ES24 Conv of Farm + Other Bldgs to Dwellings Unitary Development Plan 2007
LPG3 Development in the National Park. Local Plan 1999
LPG7 Design and energy conservation. Local Plan 1999
H1 Development of Unstable Land Local Plan 1999
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LPCL5 Wildlife and landforms. Local Plan 1999
LPCL6 Wildlife and landforms. Local Plan 1999
LPCL7 Wildlife and landforms. Local Plan 1999
LPCL9 Archaeology and cultural features. Local Plan 1999
OFFICER’S REPORT
2 Introduction The application building consists of a redundant gardening building and dilapidated greenhouse which together with adjacent land once acted as a market garden principally to serve the nearby former Mid Wales Hospital.
The site lies in countryside approximately km to the south east of Talgarth. The land is also located within an area of Special Historic Interest (Middle Wye Valley) as set out in Part 2 of the Register of Landscapes of Historic Interest in Wales.
The principle building is a single storey brick built construction with a slate roof. A number of unsympathetic modern additions have been added to the rear which detracts from the building’s appearance. Overall however the present building is of a simple form and constitutes an unassuming structure in the landscape. The adjacent greenhouse has a brick plinth of approximately 1m in height with a timber and glass construction above. This building is in a very dilapidated state and although the applicants state that the brick plinth is structurally sound but no evidence to support has been submitted.
Planning History
Planning permission for the conversion of the brick potting shed/store which has an existing floor area of approximately 120 sq m floor space to a 2/3 bedroom single storey dwelling was approved in July 2005. Work has commenced on providing the new vehicular access. This consent incorporates modest extensions to the rear (North East elevation) to replace existing modern constructions. The total floor space of the converted dwelling would be in the region of around 110 sq m.
Subsequently planning permission for conversion of the brick building to a 6 bedroom dwelling incorporating 2 large extensions with unsympathetic dormer windows was refused on 8th May 2008. This would have given a total floor area of around 210 sq.m. This was refused as the scale, form, general design of the proposed development and large curtilage were considered out of keeping with the simple form and character of the existing building and would also detract from the quality and character of the surrounding landscape. It was also refused because insufficient information was submitted to enable the Authority to assess the likely impact of the proposal on any bats that used the site.
Proposed Development
The present application is for the conversion of the brick store building and the adjacent
Page 46 of 69 ENCLOSURE 5 greenhouse which has an existing overall floor space of some 210 sq m of floor space to one six bedroom dwelling with a link tying the two structures together and additional extensions with a total floor space of around 290 sq m. including the attached pergola.
In addition there is also a lean to open front garage measuring some 13m by 6m. The application site lies in countryside where new dwellings are not normally permitted except when exceptional circumstances justify. The principle policy against which the proposal will be judged is Policy ES 24 on the conversion of rural buildings to dwellings together with general Policy G3
Material Considerations: - the main issues for consideration in this application are a) Assessing suitability of the Greenhouse for conversion. The existing buildings include a small single storey brick structure constructed largely in a simple rectangular form with later additions. To the south west of this building is a dilapidated glasshouse with a brick plinth and timber and glass sides and roof. The applicant contends that as they are able to retain the entire approximately 1 metre high brick plinth on the greenhouse that the building is therefore suitable for conversion and meets with the Authority’s Policy.
Your officers however consider that as the majority of the structure i.e. all above 1 metre in height and roof requires reconstruction the building does not meet the Policy which states that the building must be capable of conversion without major or complete reconstruction. In this case it is considered that major reconstruction will be required and that in essence this part of the development is substantially a new building. This is reaffirmed from the plans which indicate that only part of the greenhouse is to be retained with the remainder being redeveloped to create an en suite bedroom.
This approach that the building is not suitable for conversion under Policy ES24 would be similar to a case where for example all of a barn’s walls above one metre in height and roof required rebuilding.
Consideration has also to be given as to whether these buildings are of a form and character which make a significant contribution to the cultural heritage, special quality, landscape and scenic beauty of the National park and warrant preservation by conversion.
While the case for the brick built ‘potting shed’ has already been accepted by granting planning permission for conversion to a dwelling in July 2005 (ref P20781), it is not considered that the form and character of the glasshouse is such to warrant retention principally because of its unsuitability for simple conversion to a dwelling. This is reaffirmed by the fact that although the existing greenhouse is 15m in length the proposal only retains some 6 metres of 'new' greenhouse. b) Impact on the Character and Appearance The proposal results in the enlargement of the existing brick building of approximately 120sq.m to some 290sq m which is an increase of approximately 140%. It is contended that such a large increase in floor area is contrary to Policy.
While the mass of the floor space is given as indicative, the real issue is the problem of the significant extensions and the fact that they would swamp the scale of this small building and would detract from its simple form and appearance.
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It is considered that the scale, form and design of the proposal with the need for major rebuilding of the glass house, and together with the addition of the various extensions, would result in substantial modern modifications which would significantly harm the character of this small simple rectangular potting shed/store and would significantly increase the visual impact of the building in the wider landscape to the detriment of visual amenities of this part of the National Park.
Planning Policy Wales in paragraph 5.3.6 states that National Parks must be afforded the highest status of protection from inappropriate developments. It is considered that this proposal because of its scale, form and design is an unacceptable conversion of this small scale simple rural building.
While it is accepted that the applicants, to meet the needs of their family, would wish to have a six bedroom dwelling, this is not considered to be a material land use planning consideration, but a personal need which in this case does not outweigh the strong Policy objection
c) Protected species Following the submission of expert bat reports the applicants accept the need for the development to include bat mitigation and enhancement measures. However the submitted design does not adequately include provision of acceptable measures within the development. Although these are indicated in the various written bat reports the design has not been informed by these. It is therefore not possible for the Authority to be sure that adequate provision could be made as required prior to approving any development. The proposal is therefore contrary to Policies Q4 and Q5 of the approved Unitary Development Plan. An additional bat survey was carried out on the property on 16th-17th July copies of which have been forwarded National Park's Ecologist and Countryside Commission for Wales any further responses received from them will be reported verbally to the Committee. d) Other considerations The submitted scheme includes many sustainable design features. Whilst these are desirable aspects of the proposal it is not considered that they outweigh the harm and serious conflict with planning policy.
In conclusion the attention of members is again drawn to the strong policy objections to the proposed development and the overarching need to ensure that development permitted under Policy ES 24, as an exception allowing residential development in the open countryside, does not have unacceptable impact on the character of the building to be converted or the wider landscape. Members attention is drawn to the recent appeal decision, reported elsewhere on the agenda, on Cefn Cantref barns were one of the main reasons for dismissing the appeal was that it was considered that the external modifications significantly harmed the traditional form and character of the farm complex.
Section 54A of the 1990 Town and Country Planning Act requires that in making any determination under the Planning Acts the decision shall be in accordance with the development plan unless material considerations indicate otherwise. It is considered that the proposed development would be contrary to approved Unitary Development Plan policies G3 i, iii, iv and v, G6 ii and ES24 (a) and (c).
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CONCLUSION
RECOMMENDATION
Refuse for the following reasons:
1 The development is contrary to Policy G3, G7 and H11 of the adopted Local Plan (May 1999) and Policy G3 i , iii, iv and v ,G6 ii and ES 24 (a) and (c) of the approved Unitary Development (March 2007) in that the scale, form general design of the proposal which involves significant extensions is out of keeping with the simple form and character of the existing building. In addition the proposal would detract from the quality and character of the surrounding National Park landscape and would be contrary to local and national Policies on the conversion of a rural building to a dwelling. 2 The proposal is contrary to Policies CL5, Cl6 and Cl7 of the adopted Local Plan (May 1999) and Policies Q4 and Q5 of the Unitary Development Plan (March 2007) in that insufficient information has been provided on the proposed bat mitigation and enhancement measures to enable the Authority to adequately consider whether such proposals can be undertaken and the impact on the overall design.
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ITEM NUMBER: 4
APPLICATION NUMBER: 08/01832/FUL APPLICANTS NAME(S): Pegasus Retirement Homes Plc SITE ADDRESS: Former Police Station Lion Street Brecon Powys LD3 7AU GRID REF: E: 304630 N:228530 COMMUNITY: Brecon DATE VALIDATED: 6 May 2008 DECISION DUE DATE: 5 August 2008 CASE OFFICER: Miss Emma Langmaid
PROPOSAL Erection of 3 storey building comprising 40 category II sheltered apartments for older people (including 9 affordable sheltered apartments) together with owners' lounge, visitors' suite, estate manager's office, access and parking provisions. Existing buildings to be demolished. ADDRESS Former Police Station, Lion Street, Brecon
CONSULTATIONS/COMMENTS Consultee Received Comments
Powys County Council 1st Aug 2008 The amendments shown reflect an acceptable Highways arrangement in respect of the highway safety issues raised. Trust no other changes will occur which will have detrimental effect on the visibility, parking or access
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width and need to ensure that the footway widening is carried out to our adoptable standards before any of the units are occupied.
Brecon Town Council No response received to date.
NP Building 1st Aug 2008 The amended design reflects the conservation area and Conservation Officer listed buildings well and the design sits comfortably with its neighbours and in the general context of this particular street and the Conservation Area in general. The developers have evidently looked at Brecon and its buildings. Conditions will be needed to cover and control detail.
NP Ecologist 5th Aug 2008 Considers some survey deficiencies and on that basis some doubt remains over the robustness of the conclusion of the report. Recommend a precautionary approach to any demolition works necessary whereby a WAG licensed bat worker should be appointed to supervise the gradual and staged removal, and the removal should be completed between October and March when it is less likely that bats would be present.
Environment Agency 17th Jun 2008 No objection - standard advice applies. Wales
Powys County Council 30th Jun 2008 Repeats recommendation of refusal given in response to Highways 08-01580-FUL. A parking provision of 16 spaces for 40 units of accommodation plus an owners lounge and visitors suite is totally unacceptable. Visibility from the vehicular access has not been detailed on the drawings and the presence of a wall with railings suggests that such a provision has not been considered. The vehicular access at only 4.0 metres is too narrow for simultaneous access and egress and could result in sudden stopping on the country road as the entrance is obstructed. Also has some reservations regarding the provision of two main pedestrian access points directly onto Lion Street. This will generate indiscriminate on-street parking on this particularly narrow road which will totally obstruct the highway.
Aware, however, that amendments are likely to be made to the scheme.
Brecon Town Council 12th Jun 2008 No objections.
NP Building 4th Jun 2008 Main concern is the front elevation of Lion Street. The Conservation Officer site is flanked by Grade II* Listed Buildings on both sides and Grade II buildings to its front. The site also lies
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within the Brecon Conservation Area. The building to the left is a superb example of Georgian architecture, that to the right a late Victorian Chapel. Whatever goes in between would therefore need to be of a high quality.
Further comments refer to a number of key points regarding the design of the proposed building which are discussed in detail below.
CADW Ancient 28th Jul 2008 Cadw notes that CPAT has been consulted and the Monuments Archaeological Assessment is included in the application Administration documents. Cadw also notes that the Design and Access Statement recognises the line of the medieval town bank in the NW end of the site which is retained as an area of trees with no development.
Cadw has no objection in principle to this application but recommends the CPAT conclusions that an archaeological programme is an essential component of this development due to the sensitivity of the development plot within the medieval town. Cadw also recommends that the line of the town bank on the North end of the plot remains undeveloped and, if possible, its defensive nature enhanced by sympathetic planting or management.
Clwyd Powys 6th Jun 2008 Refer to comments made on previous application Archaeological Trust (08/01580/FUL) which recommended pre-determination archaeological assessment by trial trenching be carried forward to the current applications.
Information indicates that this application falls in an area of high archaeological sensitivity. The plot lies within the medieval core of Brecon and is considered to have an extremely high sub-surface archaeological potential.
The proposed development will disturb any such remains surviving here, but from present knowledge it is impossible to estimate how damaging this might be and thus to frame an appropriate archaeological response. As archaeology is a material consideration here I would advise that this application is not determined until this resource has been properly evaluated.
Dwr Cymru Welsh 31st Jul 2008 The proposed development would overload the existing Water public sewerage system. However, improvements are planned for completion by 1st April 2009. Therefore they suggest a condition to safeguard their security of service to customers and the protection of the
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environment. They also suggest standard foul and surface water drainage conditions be attached to any consent.
NP Affordable Housing 5th Aug 2008 Wales and West HA confirm that the Affordable Housing Officer (Mr T Flynn) requirements for this site are acceptable to them. Whilst the particular development of an older persons sheltered scheme would not be the strategic preference for the area there is no reason for any objection to the scheme as proposed. Therefore from the point of view of BBNP policy on Affordable Housing it is satisfactory and from Powys CC point of view there is no reason to object.
NP Ecologist 13th Jun 2008 This sort of building may well be home to bats, so it is strongly recommended that an emergence survey, during several successive warm evenings between May and end of August, to establish if and where bats are using this building. Once established, this may have a bearing on the timetable for demolition and the requirement for the appropriate compensation for loss of roosts.
Other comments are that this development should maximise SUDS, rainwater harvesting, renewable energy, energy efficiency, wood-fuelled CHP, green roofs and incorporate micro-habitats and landscaping into the development.
Powys County Council 25th Jun 2008 Require design to satisfy Approved Document B and M, Building Regulations Building Regulations 2000.
Powys County Council 10th Jun 2008 It is noted that the proposed development is situated on Contaminated Land land that was formerly used for petrol tanks shown on historic Ordnance Survey Maps. In light of this it would be necessary to condition any future consent so as to ensure that any potential contamination issues are adequately dealt with. A potential contamination condition is suggested.
NEIGHBOURS NOTIFIED
The Owner/Occupier, Plough United Reformed Church, Lion Street The Owner/Occupier, Office Accommodation Over , 6 Bulwark The Owner/Occupier, The Plough Flat , 2 Lion Street The Owner/Occupier, 2 Lion Street, Brecon The Owner/Occupier, 1 Lion Street, Brecon The Owner/Occupier, Part Ground First And Second Floors , 11 Bulwark The Owner/Occupier, Basement And Part Ground Floor , 11 Bulwark The Owner/Occupier, 8 Bulwark, Brecon The Owner/Occupier, 7 Bulwark, Brecon
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The Owner/Occupier, The Antiques Shop, Bulwark The Owner/Occupier, Beacon Pharmacy , 7 Bulwark The Owner/Occupier, Top Flat Royal Wine Bar, Bulwark The Owner/Occupier, Flat 8 Royal Wine Bar, Bulwark The Owner/Occupier, Flat 7 Royal Wine Bar, Bulwark The Owner/Occupier, Flat 5 Royal Wine Bar, Bulwark The Owner/Occupier, Flat 4 Royal Wine Bar, Bulwark The Owner/Occupier, Flat 3 Royal Wine Bar, Bulwark The Owner/Occupier, Flat 2 Royal Wine Bar, Bulwark The Owner/Occupier, Flat 1 Royal Wine Bar, Bulwark The Owner/Occupier, The Main Flat Royal Wine Bar, Bulwark The Owner/Occupier, Flat 6 Royal Wine Bar, Bulwark The Owner/Occupier, Royal Wine Bar, Bulwark The Owner/Occupier, Royal Office , 6 Bulwark The Owner/Occupier, The Salad Bowl , 6 Bulwark The Owner/Occupier, 5A Bulwark, Brecon The Owner/Occupier, Kitchen Craft Bulwark House, 5 Bulwark The Owner/Occupier, Bulwark Radio Bulwark House, 5 Bulwark The Owner/Occupier, Bulwark House, 5 Bulwark The Owner/Occupier, Howard Llewelyn & Co, 4 Bulwark The Owner/Occupier, Take Two Hair Studio, 3 Bulwark The Owner/Occupier, Goldrush Amusements, 2 Bulwark The Owner/Occupier, 1 Bulwark, Brecon The Owner/Occupier, Saxons Cafe Bar, Bulwark The Owner/Occupier, Ground Floor , 48 Free Street The Owner/Occupier, 4A Bulwark, Brecon The Owner/Occupier, 4 Bulwark, Brecon The Owner/Occupier, First And Second Floor , 4 Bulwark The Owner/Occupier, The Travel House , 7 Bulwark The Owner/Occupier, Niblett & Co , 6 Bulwark The Owner/Occupier, Motorworld Plc Part Ground Floor , 6 Bulwark The Owner/Occupier, First And Second Floors , 6 Bulwark The Owner/Occupier, Ground Floor , 6 Bulwark The Owner/Occupier, Plough United Reformed Church, Lion Street The Owner/Occupier, Watton Mount Annexe, Lion Street The Owner/Occupier, Watton Mount, Lion Street The Owner/Occupier, Powys County Council Careers Office, Lion Street The Owner/Occupier, The Flat , 4 Lion Street The Owner/Occupier, Jeffreys & Powell, 4 Lion Street The Owner/Occupier, Morrisons Store, Free Street
NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY
1 None received.
PLANNING HISTORY
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App Ref Description Decision Date
08/01579/CAC Total demolition of buildings Pending consideration
08/01580/FUL Erection of 3-storey building Appeal in Progress comprising 40 category II sheltered apartments for older people (including 9 affordable sheltered apartments) together with owners' lounge, visitors suite, estate manager's office, access and parking provisions (existing buildings to be demolished)
RELEVANT POLICIES Policy Description Plan
G3 Development in the National Park Unitary Development Plan 2007
G6 Design Unitary Development Plan 2007
Q11 Sites of Archaeological Importance Unitary Development Plan 2007
Q12 Archaeological Evaluation Unitary Development Plan 2007
Q16 The Setting of Listed Buildings Unitary Development Plan 2007
Q17 Development affecting Conservation Areas Unitary Development Plan 2007
Q18 Demolition in Conservation Areas Unitary Development Plan 2007
ES28 Provision of Open Space in Housing Sites Unitary Development Plan 2007
ES29 Enabling Affordable Housing Unitary Development Plan 2007
ES38 Road Layouts and Open Spaces Unitary Development Plan 2007
ES39 Boundary Features Unitary Development Plan 2007
ES47 Water Sewage Supply New Developments Unitary Development Plan 2007
Q4 Protected and Important Wild Species Unitary Development Plan 2007
Q5 Biodiversity and Development Unitary Development Plan 2007
LPG3 Development in the National Park. Local Plan 1999
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LPG7 Design and energy conservation. Local Plan 1999
LPCL9 Archaeology and cultural features. Local Plan 1999
LPCL10 Archaeology and cultural features. Local Plan 1999
LPCB4 Listed buildings. Local Plan 1999
LPCB5 Conservation areas. Local Plan 1999
LPCB6 Conservation areas. Local Plan 1999
LPH5 Affordable housing. Local Plan 1999
LPPU1 Water supply and sewage Local Plan 1999
LPCL6 Wildlife and landforms. Local Plan 1999
LPCL7 Wildlife and landforms. Local Plan 1999
OFFICER’S REPORT
2 Site
The application site is located on Lion Street in the centre of Brecon and is currently occupied by the former police station. The 1960s brick built main building, an ancillary dwelling and garages are all vacant.
The site is located within the settlement development boundary of Brecon, adjacent to the prime retail core. The site is within the Brecon Conservation Area and is flanked by listed buildings either side and a listed wall to the side and rear, it is also an area for Archaeological Evaluation as defined on the proposals map.
Plough United Reformed Chapel is to the south of the application site and is Grade II*. Listed as an imposing late C19 Chapel with unusual porch and especially for its elaborate and fine interior. It has Group Value with adjacent listed buildings in Lion Street.
No 4 Lion Street is to the north of the application site and is Grade II*. Listed as mid C18 town house retaining its character, with interior period features, and good forecourt gates and railings. It also has Group Value.
The rear garden walls of No. 4 Lion Street, enclosing SE and NE sides of rear garden of the house, and therefore adjacent to the application site, are Grade II listed for their Group Value with No. 4 Lion Street.
The boundary wall to the rear of the Plough United Reformed Church and Police Station (which separates the site from Morrisons supermarket) is also Grade II listed as late C18 or early C19 wall on line of medieval defences of Brecon.
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Due to the location of the site within the town centre of Brecon the neighbouring land uses are mainly commercial with some residential nearby. To the north is No. 4 Lion Street, now used as an office, to the east Morrisons supermarket, to the west Lion Street (and rear of commercial properties fronting Bulwark) and to the south by Plough Chapel on the street frontage and council offices to the rear of the chapel.
History
There are a number of historical applications relating to the site, however, the most recent and most relevant to the consideration of this application are 08/01579/CAC, Conservation Area Consent for demolition and 08/01580/FUL, for the erection of 40 apartments.
Both applications were received and made valid on 21 January 2008, and following expiry of the statutory determination period the agent, on behalf of his client, appealed against non- determination. This has effectively withdrawn the further consideration of these applications from the NPA and passed it to the Planning Inspectorate. The appeal is set to be heard at a Public Inquiry on 28th October 2008.
Application 08/01579/CAC proposes the demolition of the former police station and 08/01580/FUL the erection of 40 category II sheltered apartments for the older people together with ancillary facilities, access and parking provisions.
The current application is accompanied by 08/01820/CAC which proposes the demolition of the former police station. The CAC remains undetermined, pending the outcome of this application.
Proposal
This application proposes a development by Pegasus Retirement Homes plc for a three storey building comprising 40 one and two bedroom Category II sheltered apartments for older people together with owners, lounge, estate managers office, together with a total of 16 surface parking spaces (with 2 no. buggy spaces) and access provisions.
Accommodation is proposed over three floors including ground floor, first floor and second floor. On the ground floor is the main pedestrian entrance from Lion Street which leads to an entrance hall of the main block including visitors suite with en-suite, plant room, office and laundry. Beyond this are nine self-contained sheltered apartments, 6 x 1-bed and 3 x 2-bed. In addition there are three affordable apartments, all 1-bed which area accessed from the site of the main building – but designed to give the appearance of the front of a pair of ‘Regency’ houses. External access is available to some, but not all apartments on the ground floor. Also at ground level to the north of the building is the vehicle entrance, leading to 16 car parking spaces, refuse and buggy store. In addition communal grassed areas are located to the north of the parking area, where there are a number of exiting trees and to the south of the building, with access from some of the ground floor apartments. Areas of indicative planting are shown along the edges of the parking areas and along the boundary walls.
The first and second floor layout plans are the same and show eleven self-contained apartments proposed in the main building on each floor, including 7 x 1-bed and 4 x 2 bed. Some of the apartments have access to balconies on the southern elevation. In addition 3 x 1-bed affordable apartments are proposed on each of the first and second floors.
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Supporting information submitted with the application outlines Pegasus Retirement Homes plc have been developing Category II sheltered accommodation for the elderly since 1984. They state that their developments are aimed at elderly occupants who require an independent lifestyle. Whilst covenants imposed on purchase restrict occupation to persons aged 60 years or over with spouses or partners being over the age of 55, in practice, they state that the average age of residents is 78.
Additional information is provided regarding the definition of Category II sheltered accommodation, which was originally defined by Department of the Environment as being a scheme in which all flats are linked by heated corridors together with a full range of communal facilities. Category II accommodation is designed with features for the needs of the elderly but not to provide care assistance and full wheelchair mobility standards.
The latter would be required by a residential or nursing home, which would be registered with the Local Authority and is otherwise known as Category III. Category I is bungalows for the active retired.
The planning application has been supported by a number of documents which are available to Members as background documents:
- Design and Access Statement. - Statement of community involvement. - Archaeological desk-based assessment. - Planning for retirement housing – a good practice guide prepared jointly by the Retirement Housing Group of the HBF and the Planning Officers Society. - Sustainable Homes for an Ageing Population. - Planning for small households which expand on the background to and consideration of Category II sheltered accommodation for the elderly.
Prior to the submission of any formal planning application a public exhibition was held on behalf of the applicant at The Old Police Station Site on Tuesday 4th September 2007. The purpose of the exhibition was to communicate the details of the proposal to local stakeholders (local residents and relevant Town and Ward Councillors) and to obtain feedback that could be incorporated into the proposal where possible.
The exhibition was advertised in the local press, a leaflet was produced and distributed to the surrounding area, letters sent to individual properties and posters put up. In total 24 local people attended the exhibition including five Councillors. All feedback for the proposal was recorded and generally was positive, with few concerns raised. Those who attended appreciated the opportunity to comment.
Amendments
The layout and design of the proposals originally submitted with the previous application (and due to be considered at the forthcoming Public Inquiry) was considered to be unacceptable for a number of issues, which will be discussed in the assessment of the current proposal below. Following discussions with the agent and architect for the scheme a revised set of plans was received on 31 July 2008, and it is these plans that form the assessment of the proposal.
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The following changes have taken place from the scheme originally submitted:
Site Plan - Footpath widened to 2 m in front of building. - Entrance gates for vehicle access are set back further into the site 9 m. - Entrance for vehicle access widened at front of site. - Refuse brought closer to the main entrance.
Elevations - Front elevation is now divided into two distinct blocks, each blocks characteristics complements its adjoining neighbour. - The Pegasus Retirement apartments elevations have now been changed to a Georgian style house which is in keeping with No. 4 Lion Street. - The affordable units with its Regency features and rendered walls compliment the adjoining chapel in size and scale. - Window proportions and hierarchy now match the ones in this area. - Side elevations have now been broken down, by varying the ridge heights, which now give the block a domestic scale (rather than one ‘huge’ mass of building. - The varied material pallet is used in brick and colour render which break up the side elevations (the previous scheme was render only). - A number of varying projections have been introduced, with oriel bays and balconies, to add interest and character to the street scene.
In addition to the amended plans, a number of additional supporting documents have been received, following requests made to the agents during a meeting on 19 June 2008. These include:
- Bat Survey (Internal Inspection and Emergence Survey). - Additional supporting information with regards to access/parking/highways. - Revised Design and Access statement. - Sustainability statement.
All the supporting information and the amended plans are available on the NPAs website or hard copies are available on the application file.
Members will be aware from the submitted information that there are a number of areas and therefore relevant policies which need to be considered in accessing this application. The more obvious being the main considerations for any planning application, including the principle of development, visual amenity and neighbouring amenity. Other core considerations for this site include impact on the Brecon Conservation Area and listed buildings; archaeological evaluation, ecological issues, provision of affordable housing, highways, access and parking and water and sewerage supply. The committee report set out below will refer to each of these issues including the relevant policy context, relevant comments received from consultees as well as your officers consideration of the issues.
Principle of Residential Development
Police G3(ii) requires all proposals for development to lie within the “white areas” of settlements as shown on the proposals map, with the exception of those developments covered by policies which enable development in the countryside.
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The application site is within the “white area” of the defined settlement boundary of Brecon Town, and is therefore acceptable in principle.
Neighbouring Amenity
Policy G3(v) requires that proposed development does not have an unacceptable impact on the amenity of the area, adjacent properties or the general public.
Members are advised that given the context of the site within the town centre of Brecon, the existing lawful use of the site and the proposed use for Category II sheltered accommodation ,it is your officers opinion that this proposal does not give rise to any issues of neighbouring amenity. It is recognised that whilst the site is currently vacant and therefore any redevelopment will increase activity in the vicinity as well as introducing a residential use it is not considered that such a use is inappropriate to this town centre location. Indeed, the removal of the vacant building is considered to improve neighbour amenity.
Design and visual amenity
The design and visual amenity of the scheme includes the consideration of the now amended design, as well as the impact of the proposed building on the character of the Brecon Town Conservation Area and the two neighbouring Grade II* listed buildings and the Grade II listed wall.
Policy G3(iii) requires the scale, form, design, layout, density, intensity of use of materials to be appropriate to the surroundings and to maintain or enhance the quality and character of the parks landscape and built environment.
Policy G6 states that applications for development will be expected to meet the WAGs key design objectives (defined in Technical Advice Note 12: Design) and respond to the local context. Proposals will be required to demonstrate where appropriate they: i) achieve sustainable design solutions representing best value by making prudent use of natural resources, incorporate sustainable energy use and waste control measures and provide the means for effective long-term maintenance, efficient operation and management; ii) sustain or enhance character in townscape and landscape by responding to and reinforcing, where appropriate, locally distinctive patterns and form of development, landscape, culture and biodiversity; iii) promote innovative design in buildings, infrastructure, urban and rural landscape and public art; iv) promote a successful relationship between public and private space by delineating clear boundaries, acknowledging established building lines in new development and enclosing space; v) promote high quality in the public realm by ensuing attractive, safe public spaces and routes which are fit for purpose and meet the needs of all members of society; vi) ensure ease of access for all by adopting inclusive design principles including safe and clear connections, integrating development with existing footpaths, cycle ways and public and private transport infrastructure and by ensuring adequate provision for people with disabilities and others; vii) promote “legible” development that includes easily recognisable and understood features and landmarks; viii) design for change by promoting adaptable development that can respond to social, technological, economic and environmental conditions over time; and ix) promote quality, choice and variety by lifting the standard of development, by promoting mixed use and densities of development that assist viability and respond to local needs.
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Policy Q16 states that development proposals which would adversely affect the setting of a listed building will not be permitted. The policy recognises that unsympathetic development adjacent to a listed building can destroy its setting, which may be an important part of its character. The NPA will assess whether the setting of a listed building is likely to be adversely affected by judging an application against such criteria as scale, materials, proximity to other buildings and style.
Police Q17 states that new development within or affecting the setting of a Conservation Area will only be permitted where it will preserve or enhance the character of the area and where the design, all building materials, proportions and detailing are appropriate to the Conservation Area. The NPA has a duty to ensure that the special features which contribute to the character and quality of conservation areas are enhanced. These features may include the historic street pattern, plot boundaries, the form of the settlement and individual buildings, the spaces between buildings, the materials used in construction, street furniture, the floor space and the uses ad activities which are carried out there.
Members are advised that prior to the receipt of amended plans officers were of the opinion that the design was of a mass and scale of concern within the context of the conservation area with detail and proportion and poor articulation in the street scene, detrimental to the settings of the adjacent listed buildings.
The NPAs Building Conservation Officer commented on the original scheme and raised some concern, the main one being the front elevation to Lion Street because the site is flanked by Grade II* listed buildings on both sides and by Grade II buildings to its front. It was considered that if an historic style is adopted it needs to be done well and in view of the preponderance of traditional buildings within the historic core of Brecon that this is the best option. Further comments referred to the scale and proportions of the proposal and the detailing.
On receipt of the amended plans, which followed a meeting with the agent, applicant and architect for the scheme and a subsequent discussion with the NPAs Building Conservation officer, a re-consultation took place. The NPAs Building Conservation officer provided updated comments in consultation with planning officers. These comments recognise Lion Street as a street of grand houses, which as a consequence is perhaps more spaced out than other streets with intervening spaces and large gardens. The buildings are of varying date but the overall impression is of Georgian, with small paned windows, panelled doors, and associated door cases. There is also some good ironwork. The houses are set back behind narrow forecourts in some instances (which are reflected in the revised design).
The design utilised of creating a frontage of large townhouse with a reflected pair facing the chapel forecourt (south east elevation) works really well. These lead into a variegated “street” leading off to the rear of less “architectural” houses which is typical of Brecon and respects the local character.
The side elevation to the south east is particularly successful in utilising the pair of “regency houses” at the Lion Street end to create a ‘piazza-line effect’ to the front of the chapel, prominent when entering Lion Street from the east, and giving opportunities for future enhancement of the area in front of the chapel.
The red brick “Georgian” frontage and “Regency” pair facing the chapel forecourt are well designed and importantly, in proportion and should positively enhance the street scene in Lion
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Street. These buildings have to sit in context with excellent examples of period architecture and thus have to be of high quality, authentic in design and with attention to detail.
The context of the proposal within the Brecon Conservation Area is also particularly important since wide ranging ‘glimpse views’ are possible from Alexandra Road above Morrisons supermarket, the town car park and Co-op.
The previous design a large mass not typical of the varying roof scale of Brecon Town, and it is important to not recreate another large mass on what is a major development site. The amended designs which have broken down the scheme creating side elevations with the appearance of two streets of houses with varying ridge lines also helps to create a more interesting roofscape and break down the building mass into a domestic scale.
The NPAs Building Conservation Officer has provided suggested conditions, to cover and control detail, particularly important to ensure any scheme is articulated well. These include conditions relating to submission of greater detail and samples of materials.
Members are advised that it is the opinion of your officers that the amended plans received reflecting a revised design ensure that the development does not have any undue effect on visual amenity. The scheme will enhance the Brecon Conservation Area (following the removal of a particularly out of character building) and will respect the setting of the adjacent listed buildings.
Sustainability
Guidance for Sustainable Design in the National Parks of Wales, 2008 has been produced following a consultation document in May 2007. The guidance is intended to be used by development control to assess planning applications and was agreed at BBNPA committee in June 2008, although it is not formerly adopted. In addition, the provisions of G6, where relevant, also need to be considered. Members are referred to the detail of policy G6 above.
Members are advised that a Sustainable Statement has been received in support of the application.
The statement has been produced to demonstrate that measures that are proposed to reduce the environmental impact of the development and present the sustainable strategy delivery for the project to meet the principles contained in current policy and guidance documents. The statement also identifies sustainable delivery in connection with waste, transport, site ecology and health and wellbeing.
The content of the statement constitutes recommendations for Sustainability Strategy for the Building design development. The recommendation is derived from detailed studies of options for this particular site. In summary, consideration is given to the following:
• Examine sustainable development objectives to meet Local Planning and consideration of guidance from NPA SPD requirements; • Consideration of Assessment criteria in support of Sustainable delivery for the project; • Provide Environmental Strategy and provide recommendations for improved thermal performance; • Determine those technologies that would be suitable for the development; • Review and discuss the results with the project team;
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• Eliminate a number of options to move towards this sustainable recommendation for the proposed building and its future occupants and stake holders; • Meet with manufacturers and suppliers of some of the technologies, and material suppliers.
In support for the sustainable delivery a pre-assessment of Code of Sustainable Homes is considered for a development of this scale which are to be guided by a pre-assessment to achieve a Level 3 rating, which supports NPA guidance in achieving good sustainable design.
The sustainability report summarises that wide ranging sustainability measures have been considered and it has been shown that the proposal can achieve a Code of Sustainable Homes Assessment – Level 3.
With regard to energy, low and zero carbon technologies have been considered for incorporation into the development. The site and building operation constraints have been considered and the viable technology provided supports Air: Water Heat Pumps to communal areas and a number of apartments. They have stated that the maximum carbon saving will be reviewed at the next design stage to provide a commercial and sustainable balance in delivering this project. They consider at this stage improvement to CO2 emissions will be considered to target an improvement above current Building Regulations to meet sustainable assessment accreditation of 25% improvement.
Access, Parking and Highways
Policy G3(ix) requires proposals for development to have adequate means of access and parking space can be provided to cater for the traffic generated by the proposal and G3(xi) requires adequate consideration to be given to the needs of those with limited mobility such as wheelchair users, elderly people, and people with young children in the design and layout of the development.
The scheme proposes a vehicular entrance with electrically operated entrance gates off Lion Street, to the north of the proposed building. This leads to the parking area for the development, and a secondary pedestrian access towards the rear. The main pedestrian access is from Lion Street, into the main building, with pedestrian access also available at ground floor to the affordable units from the side.
The amended scheme includes 16 car parking spaces and a ‘buggy’ store for 2 buggies.
Members are advised that the scheme as originally submitted raised a number of concerns for Powys County Council Highways. Broadly these concerns related to access, parking, and pedestrian access off Lion Street. Your officers, along with a representative from Powys County Council Highways met with the agent and architect to discuss these concerns. During the meeting the subtle differences of the use of this type of residential development were outlined by the agent (and a representative of Pegasus Retirement Homes plc) based on previous experience.
Following the meeting, comments from Powys CC Highways have either been incorporated in the amended plans or further evidence based justification provided in a report from the Highways and Transportation consultants for the scheme, this includes the following comments:
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• Access – the access has been widened to 5 m where it abuts Lion Street. Although further into the site where the electric gates are proposed, it is 4.1 m wide. The extra width for the first 8 m or so will allow two vehicles to pass each other in comfort. Intervisibility between the access of pedestrians is also good.
Whilst the access can provide appropriate visibility in both directions, in accordance with Manual for Streets, it is unlikely that it will need to do so, bearing in mind that Lion Street is a one-way street.
• Parking – the scheme provides a total of 16 spaces which equates to roughly 0.4 spaces per unit (the supporting consultants reports this as 0.5 spaces per unit having incorrectly considered total number of units to be 31 instead of 40). Nevertheless they have been advising Pegasus Retirement Homes for a number of years and have undertaken surveys and studies on the appropriate parking provision for such facilities.
From these studies of existing sites throughout the country it is evident that parking demands generated by such facilities fall in the region of 0.48 spaces per unit. Sites within town centres generates even less demand, in the region of 0.3 spaces per unit.
In addition, whilst the surveys undertaken at the various Pegasus sites are sites which do not have affordable units, a national statistic illustrates that affordable or letting units have a significantly lower car ownership profile than owned properties i.e. about 0.3 per unit.
In addition to the 16 car parking spaces there is also provision for two buggy spaces. It is Pegagus’ experience that over time some residents, because they have very little use for a car, sell them and some may then acquire buggies.
• Pedestrian access off Lion Street – the proposal provides a widened footpath along the site frontage and as such will be dedicating land to the Highways Authority within the adopted highway. Currently the footway is 1.2 m wide, and the proposal widens this to 2 m. There is pedestrian access to the units off Lion Street. Experience shows that it is unlikely that vehicles will park on street associated with the proposal, particularly as safe, secure parking spaces are to be found on site. Even the odd ‘fly parking’ of dropping people off would take place where Lion Street is at its widest (5 m) and therefore there is sufficient space for vehicles to pass (particularly as this is a one way street).
On receipt of the revised plans and additional justification Powys County Council Highways were re-consulted. Having reviewed the amended plans they are satisfied that they reflect an acceptable arrangement in respect of the highway safety issues raised.
Officers are of the opinion that following the receipt of amended plans, and additional highways justification they consider that the application complies with relevant policy and the development does not raise any concerns with regard to access, parking or highways. Members will note that Powys County Councils as Highway Authority also support this application, and that appropriate conditions could be attached to ensure compliance with regard to these issues.
Landscaping, trees and boundary treatment
Policy G3 iv) requires development to be integrated into the landscape to the satisfaction of the NPA through planting and appropriate management of native species or through the
Page 64 of 69 ENCLOSURE 5 construction of appropriate boundary features. Where landscaping schemes are required, they must involve a design in keeping with the site, using native plant species of local provenance suitable for the National Park.
Policy G4 states that where planning applications are submitted on sites containing trees which are considered valuable to the amenity of the area the NPA will seek to ensure that i) the trees and their root systems will be retained and adequately protected prior to, and during and after, development takes place; and ii) where it is agreed that trees are to be removed, replacements will be required, where appropriate. A scheme for replacement shall be agreed with the NPA prior to the commencement of development.
Within the application site are a number of existing trees, protected by virtue of their location within the Brecon Conservation Area. The main collection of trees is within the north eastern corner of the site, close to the rear boundary with Morrisons supermarket and no. 4 Lion Street. The group contains specimens of horse chestnut, silver birch, maple and chestnut. These trees are shown on the proposed site plan as retained, which is welcome on the town centre site where trees can be particularly important. There is a silver birch to the front of the site which will not be retained. Its loss is regrettable, however, additional planting and new trees are shown on an indicative landscaping plan, which is considered to compensate for the loss. It would be appropriate to add standard conditions with regard to tree protection during construction to comply with the requirements of BS:5837 Trees in Relation to Construction.
With regard to landscaping, whilst an indicative plan was provided on the submission of the application, the layout of the parking has been amended and not reflected in the landscaping plan. However, members are advised that the areas shown for planting and landscaping are considered acceptable in principle by your officers, however it would be appropriate to secure a landscaping scheme and its implementation via condition.
With regard to boundary treatment there are existing boundary walls to the north, south and east and it is understood that these will remain unchanged by the proposal. To the front elevation on Lion Street, which is particularly important in the overall appearance of the scheme, railings have been proposed, which will be in keeping with the neighbouring property at no. 4 Lion Street. Since the detail of such railings and implementation is important to how well the scheme works, officers recommend that boundary treatment is included in the landscaping proposals, and a condition attached to ensure an appropriate scale of detail and sample is provided.
Water/Sewerage
Policy ES47 refers to water and sewerage supply for new development and states that development will only be permitted if adequate water and sewerage infrastructure exists or can be provided without detriment to water quality, nature conservation interests or residential amenity. Where appropriate the NPA will impose a planning condition or obligation to ensure that adequate services are available to serve the development.
Members are advised that Dwr Cymru/Welsh Water in their consultation response have stated that currently there is no capacity in the existing public sewerage system, and the proposed development would overload it. However, they advise that improvements are planned for completion by 1 April 2009. A condition has been suggested by Dwr Cymru/Welsh Water which restricts the buildings on site coming into beneficial use prior to 1 April 2009 unless the
Page 65 of 69 ENCLOSURE 5 upgrading of the system has been completed and the NPA advised in writing. Since the provider has given a date of the planned completion of works it appears that it would be appropriate to attach such a condition and therefore comply with policy.
Affordable Housing
Policy ES29 refers to enabling affordable housing and states that where there is evidence of a proven need, the NPA will seek to negotiate with developers the provision of an element of affordable housing on all housing sites of 3 or more dwellings. The element of affordable housing will be a minimum of 20% of the total number of dwellings to be provided on the whole site. The NPA will ensure that the housing provided is always available as affordable housing for local people.
Members are advised that negotiations regarding the provision of affordable housing have taken place between the NPA, Powys County Council Housing Officer and the applicant. It has been agreed that the provision of 9 affordable units out of the total provision of 40 is acceptable and complies with the NPAs policy of a minimum of 20%. Wales and West Housing Association have also agreed that the requirements for this site are acceptable to them.
Powys County Council Affordable Housing Officer has commented on the application and his comments are detailed above. Whilst not in agreement with the need for such accommodation, agrees that the proposal complies with NPA policy and there is no reason to object.
In order to secure the affordable units it will be necessary for the NPA to enter into a Section 106 planning legal agreement with relevant parties. It is understood that the developers are working with their Solicitors to draw up such an agreement.
Contamination
Policy G3 (xii) requires that the proposed development does not have an unacceptable impact on surface waters or groundwater resources in either quality or quantity.
A consultation response has been received from Powys County Council Environmental Protection noting that the proposed development is situated on land that was formerly used for petrol tanks, which are potential contaminative land uses. They have therefore recommended that a condition is attached to any consent to ensure that any potential contamination issues are adequately dealt with. The condition suggested is standard condition restricting commencement of development until a report on potential contamination has been prepared, including a phased investigation approach. Where remediation works are required, the condition would also restrict occupation of the building until a validation report has been submitted and approved.
Officers are of the opinion that such a condition would be acceptable and ensures compliance with the relevant policy.
Ecology
Policy Q4 refers to protected and important wild species and states that proposals on land or buildings that support protected or important species will only be permitted where: i) the need for the development outweighs the nature importance of the site, and in the case of European Protected Species, the criteria for derogation under the Habitats Regulations are met; ii)
Page 66 of 69 ENCLOSURE 5 positive measures are provided to contribute to species and habitat conservation targets; and iii) the developer proves to the satisfaction of the NPA that a) the disturbance of the species and habitat function is kept to a minimum; or b) alternative areas are provided to sustain at least the current levels of populations or size of habitat affected by the proposal.
The NPA Ecologist advised in their original consultation response that the existing vacant police station buildings may well be home to bats and requested that an emergence survey be carried out during several successive warm evenings between May and end of August, to establish if and where bats are using the buildings. Once the presence, or otherwise, is established this may have a bearing on the timetable for demolition and the requirement for appropriate compensation for loss of roosts.
The requirement for appropriate surveys was highlighted during the course of the meeting of the 19th June held by the NPA with the agent, applicant and architect.
A Bat Survey Report by the Environmental Dimension Partnership (EDP) on behalf of Pegasus Retirement Homes plc was submitted and received on 31st July 2008. The report included the results of an internal and external building inspection of the former police station building, associated house and garages (although the garage buildings could not be inspected internally owing to the key not being available the time of the survey). In addition an emergence survey was carried out on 29th July 2008. The Bat Survey Report has indicated that no evidence of roosting bats was recorded within the site, although there was some record of bats flying across the site from off-site areas and also foraging on the site. The report concludes that it is considered that bats are unlikely to pose a constraint to development and it is unlikely that the demolition of the building will result in an infringement of the law with regards to bats.
The NPAs Ecologist was re-consulted on the receipt of the Bat Survey Report. It is acknowledged that access was not available to examine all parts of the buildings most notably the garages. Under such circumstances the validity of survey results relies more heavily on use of emergence surveys. The focus of the survey can be guided by the results of the day-time inspections directing the surveyors to the likely emergence points or to buildings that could be internally examined. The methodology section of the report does not describe this level of rationale. Although it is not stated in Section 2.6 of the report, it is assumed that the single emergence survey was completed by two surveyors with detectors. Based on the scale and number of the buildings it is not considered that this represents a sufficient resource to cover the buildings adequately.
On the basis of the above survey deficiencies a level of doubt remains over the robustness of the conclusion in section 4.0 of the report. It remains probable that small numbers of the more common bat species, such as pipistrelles, may be roosting within the buildings and therefore the NPA Ecologist recommends a precautionary approach to any demolition works must be undertaken.
The comments of the NPA Ecologist have been forwarded to the NPAs Building Conservation Officer who is responsible for dealing with the Conservation Area Consent for demolition. The suggested conditions with regard to there being a WAG licensed bat worker present, and the timing for the removal of the roof should be attached to any consent granted to demolish the existing buildings on site. The applicant would also be advised that it is a legal requirement in the event of a bat being found within the structure of the buildings, works on the relevant building should be halted immediately and CCW contacted.
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Archaeological Evaluation
Policy Q12 refers to areas archaeological evaluation, these are areas identified during a survey of historic settlements in the park and identified on the proposals map. Such areas are areas that have not been fully investigated by archaeologists, but which are likely to contain important archaeological features.
The policy states where important archaeological remains are known to exist or may exist within an area for archaeological evaluation, the NPA will require the archaeological implications of development proposals to be evaluated before planning applications are determined. Planning permission will not be granted where the NPA deems such evaluation inadequate.
The Heritage Network Ltd carried out a desk based archaeological assessment in May 2007. This assessment accompanied both the now appealed scheme and this application. The desk based assessment was carried out in order to assess the archaeological risk posed by possible development of land at the site.
The report states that a consideration of the available documentary, cartographic and aerial photographic evidence has demonstrated that the area of proposed development lies in a well documented archaeological landscape, with a low probability of encountering features and finds of prehistoric and early medieval date during development on the site. The risk increases to moderate for the Roman period and to high for the medieval, post medieval and modern periods.
The report goes on to advise that a trial trench evaluation of the site will be required in advance of the determination of any planning application for the development of this site, in order to characterise the defined archaeological risk.
Comments received from CPAT are recorded above, in which they repeat their earlier advice from the previous application which recommended pre determination archaeological assessment by trial trenching. They recommend evaluation work should take place after demolition but prior to consent for the new buildings on the site.
In addition the NPA Buildings Conservation Officer in his initial comments on the application states that archaeology is a very important consideration since the site goes from street frontage up to the town wall.
Members are advised that Heritage Network on 24 July 2008 provided a project design for the evaluation of the site to Mark Walters of CPAT, with a view to starting on site on 29 July 2008 and the aim of providing CPAT with sufficient information to enable them to advise the NPA and this committee report.
As the report goes to print the results of the evaluation are unknown and therefore CPAT are not in a position to advise the NPA.
Welsh Office circular 60/96 indicates that the developer should carry out an archaeological field evaluation where important remains may exist; advice which is also found in the NPAs own policy. The applicants own Archaeological desk based assessment submitted with the application indicates ‘the actual nature of such remains cannot be characterised accurately
Page 68 of 69 ENCLOSURE 5 without intrusive fieldwork’.
Members are advised that without the results of such work/evaluation for consideration prior to determination, then the application is contrary to the requirements of Policies Q11 and Q12.
3 Conclusions and recommendation
Members will be aware that there are number of considerations in determining the acceptability or otherwise of the proposed development at the Former Police Station site in Brecon. Whilst the subject of a separate application for conservation area consent, it is relevant that the current building on site is detrimental to the character and appearance of the Brecon Conservation Area, and officers consider that the scheme before you would offer a considerable enhancement to the both the Conservation Area and the settings of the adjacent listed buildings.
The above report has given detailed consideration to the main issues, and concludes that for the most part the development complies with the relevant policies of the Unitary Development. Members will be aware of the requirements of Section 38(6) of the Planning and Compulsory Purchase Act 2004 which requires that proposals be determined in accordance with the development plan unless material considerations indicated otherwise. Officers are of the opinion that in this case there are no material considerations which would mean determining the application not in accordance with any of the relevant policies. With this is mind, it is unfortunate that due to the lack of information before the NPA with regard to the archaeology at this time, officers recommend to Members that the application be refused.
RECOMMENDATION
Refuse for the following reasons:
1 The application site includes an Area for Archaeological Evaluation as identified on the Proposals Map of the Brecon Beacons National Park Approved Interim Unitary Development Plan (March 2007) where important archaeological features are likely to be present and further investigation is required prior to the determination of proposals. The submitted supporting archaeological evaluation, by virtue of the lack of a field evaluation, is considered inadequate and as such the proposal is contrary to policies Q11 and Q12 of the Brecon Beacons National Park Approved Interim Unitary Development Plan (March 2007) and Planning Policy Wales.
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