Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2014/0622 Grid Ref: 297883.56 250491.37

Community Cilmery Community Council Valid Date: Officer: Council: 18/06/2014 Dunya Fourie

Applicant: Mr & Mrs N W Brown, Roy Brown Coaches, Tynrhoel, Llanfaredd, , , LD2 3TE

Location: Browns Coaches Site, Garth, , Powys, LD4 4BA

Proposal: Full: Change of use from garage to use class B2 (general industrial) and B8 (storage and distribution) including a new roof and associated works

Application Application for Full Planning Permission Type:

Reason for Committee Report

Called in by County Councillor.

Site Location and Description

The application site is located in the open countryside and comprises the former garage site which adjoins the A483 (Garth to Cilmery) road. The site area incorporates the entire garage frontage, the storage area to the north and east of the garage does not form part of this application. A single residential dwelling is located to the west of the application site.

This is a full application seeking consent for the change of use of the former garage/café site to general industrial and storage/distribution.

The change of use comprises erection of a new garage roof to encompass the existing garage and adjoining ad hoc structures, alteration of the internal layout to create 7 work units and replace the glazed areas along the front of the building with roller shutter doors.

The overall height of the building with the new roof would be approximately 5.8m, which is slightly lower than highest point of the existing roof structure. The overall length of the building remains unchanged.

The proposed materials comprise corrugated slate blue/grey insulated box profile steel sheet clad roof and upper elevation, steel roller shutter doors, and PVC rainwater goods.

The existing canopy which covers the former petrol forecourt is to remain.

Consultee Response

Cilmery Community Council

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We are not objecting to this application but have few reservations about the execution of the proposals as per comments below.

We want the soft planting in front of the erected fence to be carried out as per the previous appliation and the present proposed planting to be carried out to a high standard.

We insist that all the old vehicles be removed from the frontage area as we feel they give a poor impression of our beautiful area to passing traffic.

We also feel that the canopy in front of the present garage should be removed not only for safety reasons but it is an eyesore and will demean the present application. There is no mention of this dilapidated canopy in the present application.

Because of the above reasons we are asking that this application goes before the full planning committee and not delegated to an individual plannig offier and that our comments/requests are recorded.

Building Regulations E mail of 26 June 2014

Building Regulations approval will be required for this proposal

Powys Highways Letter of 24 June 2014

Powys County Council as Highways Authority do not wish to comment on this application as the access is onto a trunk road which comes under the jurisdiction of the Welsh Government.

Cllr David Price E mail of 6 July 2014 In line with planning protocol, I wish to call this application to Committee for determination.

My reason for doing so is due to public interest. This site as a storage area for buses, has resulted in communication from local residents (to myself and Community Council) complaining about its unsightly natures.

Powys Environmental Health E mail of 11 February 2015 It is not for us to design noise reduction measures. This is the clients responsibility to ensure that the development complies with BS4142. The two nearest properties are approx 100-150m away from the proposed development.

Noise Control Scheme

Before the use hereby permitted begins, a scheme for the installation of equipment to control the emission of noise from the premises shall be submitted to and approved in writing by the local planning authority and the approved scheme shall be implemented. All equipment installed as part of the scheme shall thereafter be operated and maintained in accordance with the manufacturer’s instructions.

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Reason: To protect the amenity of local residents from excessive noise. BS4142 2014 Methods for rating and assessing industrial and commercial sound in residential areas.

E mail of 25 June 2014

With regards to the above application this department has no objections.

Powys Contaminated Land Letter of 19 March 2015

The following informant should be applied to this development.

Potential Contamination informant

The development site is identified as potential contaminated land due to its former use as a petrol filling station/garage and adjoining a landfill. This informant is provided on the understanding that no ground work what so ever will take place. The applicant should be aware that there are potentially significant liabilities associated with this site. Due to the potential for contamination issues as a result of this historical industrial use, should any made ground and/or contamination be identified during the works it would be prudent to investigate the potential for such contamination and inform the Councils Senior Contaminated Land Officer immediately.

Letter received 7 July 2014

It is noted that the proposed development is situated on land indicated as being a former petrol filling station, garage (identified on historic Ordinance Survey Maps) which has the ptoential to cause contamination.

I have reviewed the submitted desk study but do not consider that it has adequately considered both on and off site receptors in sufficient detail or sufficiently to consider that risks will be acceptable. If the report is amended to reflect these risks I am happy to recommend full conditions but this would likely reuqire additional intrusive investigations.

Therefore, on the basis of the submitted document, the application should be refused until such time as the applicant demonstrates that potentially signification liabilites have been assessed and understood.

In summary, there are three aspects to this objection. These are that:  We consider the level of risk posed by this poropsal to be unacceptable.  The application fails to give adequate assurance that the risk of pollution are understood and that measures for dealign with them have been devised.

Therefore, under Planning Policy for (s.13.7 on), the application should not be determined until infomration is provided to the satisfaction fo the Local Plannign Authority that the risk to human health and controlled waters has been fullyundersood and can be addressed through appropriate measures.

Consultation with Natural Resources Wales must be undertaken.

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Welsh Government Highways Letter of 6 October 2014 I refer to your consultation of 20 June 2014 regarding the above application and advise that the Welsh Government as highway authority for the A483 trunk road does not issue a direction in respect to this application.

E mail of 2 September 2014 Further to the letter dated 4th July 2014 from the Welsh Government requesting further information regarding traffic movements etc. We comment as follows:- i) Details of traffic movements to and from the site in accordance with the permitted use, which should incorporate any other business or residential properties using the accesses.

The site has been dormant for many years with only the domestic dwelling generating vehicular movements. The previous permitted use of a petrol service station, garage and café would have generated in excess of 300 vehicular movements per day plus the vehicular movements to and from the domestic dwelling which uses the same access. ii) Details of proposed traffic movements to and from the site in accordance with the proposed change of use which incorporates any other business or residential properties utilising the access.

The anticipated change of use will generate approximately 4 vehicle movements to day for each visit equating to 28 plus approximately 1 delivery vehicle per week for each unit. The existing coach store has limited movements but anticipate 1 vehicular movement per week. The existing dwelling will generate approximately 4 vehicle movements per day. The total vehicular movement per day will be much reduced to that of the permitted existing use. iii) Details of parking spaces for vehicles in relation to the proposed change of use.

As indicated on the submitted layout plan, 16 car parking spaces are shown for use by the units proposed.

Room is also provided to the front of the units for parking and offloading of delivery vehicles.

The ratio of parking being two parking spaces for each proposed unit with two spaces for visitor parking, some of which will be allocated as disabled parking.

Letter of 4 July 2014

I refer to your consultation of 20 June 2014 regarding the above application and advise that the Welsh Government as highway authority for the A483 trunk road directs that the application remains pending until such time as the information below is provided:  Details of existing traffic movements to and from the site in accordance with the permitted use, which should incorporate any other businesses or residential properties utilizing the accesses.  Details of proposed traffic movements to and from the site in accordance with the proposed change of use, which should again incorporate any other businesses or residential properties utilizing the accesses.

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 Details of parking spaces for vehicles in relation to the proposed change of use.

Building Control E mail of 26 June 2014 Building Regulations approval will be required for this proposal.

Natural Resource Wales Letter of 5 November 2015

Natural Resources Wales does not object to the proposal for the following reason: The proposal is not likely to adversely affect protected sites nor European protected species.

NRW advice on the application We note that the proposal does not involve excavation works. The development sites lies within 50 metres of the SSSI / River Wye SAC but NRW considers that impacts on those sites are unlikely.

No ecological information has been submitted in support of the application assessing the impacts on European Protected Species but NRW considers that the proposal is unlikely to have a significant impact upon them provided that suitable worded conditions are adhered.

No ecological information has been submitted in support of the application assessing the impacts on European Protected Species but NRW considers that the proposal is unlikely to have a significant impact upon them provided that suitable worded conditions are adhered to any permission your authority is minded to grant. Those conditions must include measures in order to avoid the spill of artificial light on the Afon Irfon SSSI / River Wye SAC and ensure that the watercourse corridor continues to be used by bats and otters. Additionally, works shall stop immediately if European protected species or any evidence of they are detected in the premises during the works. NRW shall be informed immediately and the development may only proceed under an EPS licence in that case.

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

Please note that we have not considered possible effects on all local or regional interests, including those relating to the upkeep, management and creation of habitat for wild birds. Therefore, you should not rule out the possibility of adverse effects on such interests, which would be relevant to your Authority’s general duty to have regard to conserving biodiversity, as set out in section 40 of the Natural Environment and Rural Communities (NERC) Act (2006). This advice includes any consideration of the planned provision of “linear” and “stepping stone” habitats.

To comply with your authority's duty under section 40 of the NERC Act, to have regard to conserving biodiversity, your decision should take account of possible adverse effects on such interests. We recommend that you seek further advice from your authority's internal ecological adviser and/or third sector nature conservation organisations such as the local wildlife trust, RSPB, etc. The Wales Biodiversity Partnership's web site has guidance for assessing proposals that have implications for section 42 habitats and species (www.biodiversitywales.org.uk).

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In summary, Natural Resources Wales does not object to the proposal if previous conditions are included.

Powys County Council Ecologist 24 October 2015

The application site is located in proximity to the Hafrena watercourse to the immediate north and the River Irfon to the south. Both of these watercourses are designated as part of the River Wye Special Area of Conservation and therefore a HRA will be required to ensure that there is no pollution of the SAC both during the construction phase and the operational phase. Given that there will be no earth works during the construction phase, the main identified risks are likely to be contaminated surface water run-off. Further information is required on the site drainage and how any surface water run-off will be managed. Do the existing surface water drains discharge into the sewerage system or into the watercourses. If not the watercourses, installation of an oil interceptor should be considered, particularly to deal with any accidental spillages of liquids. This information is required prior to determination so that the HRA can be undertaken.

In addition, the existing buildings appear to have potential to support roosting bats. They are located adjacent to a large area of broadleaved woodland and the tree-lined watercourses, River Irfon and Hafrena. I understand that the proposals involve reroofing and refurbishment of the existing buildings. It is considered that the proposed development may have the potential to impact roosting bats. Therefore, further information is required with regard to the bat interest of the existing buildings. I would recommend that a Preliminary Bat Survey would be appropriate in the first instance to assess the structure of the buildings and their potential to support bat roosts. This information is required prior to determination.

With regard to other habitats, given the proximity of the proposed development to the watercourses and the adjacent woodland, a Pollution Prevention Plan in accordance with PPG5 & 6 and a Tree Protection Plan, are required. An External Lighting Plan to avoid illumination of the woodland is required as well as a Native Landscape Planting Plan.

With regard to biodiversity enhancements, a native landscaping plan, sensitive external lighting scheme and provision of measures to reduce surface water pollution of the River Wye SAC are considered to be appropriate.

Public Response

A site notice was displayed on the fencing on the east boundary of the site.

One third party response was received which raised concern regarding potential for noise generated by vehicles visiting the proposed workshops, whether the units would use contaminating materials which could damage the wildlife and access being disrupted to the adjoining property.

Planning History

P/2014/0071: Change of use from garage to use class B2 (general industrial) and B8 (storage and distribution) including a new roof and associated works-withdrawn in absence of contaminated land information.

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P/2012/0999: Change of use of former car sales compound (forming part of garage/filling station, car showroom and cafe complex) to bus and coach storage. Erection of screening fence (part retrospective). Approved 13th November 2012

Principal Planning Policies

National Planning Policy Planning Policy Wales (7th Edition, 2014) Technical Advice Note 5-Nature Conservation and Planning (2009)

Local Planning Policy-Unitary Development Plan for Powys (UDP, March 2010) UDP SP4: Economic and Employment Developments UDP GP1: Development Control UDP GP4: Highway and Parking Requirements UDP ENV4: Internationally Important Sites UDP ENV5: Nationally Important Sites UDP ENV7: Protected Species UDP EC1: Business, Industrial and Commercial Developments UDP EC5: Expansion of Existing Employment Sites UDP TR2: Traffic Management UDP TR2: Tourist Attractions and Development Areas UDP DC15: Development on Unstable or Contaminated Land

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

Officer Appraisal

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

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

Principle of Development

Policy EC1 concerns business, industrial and commercial developments, criterion 3 states that wherever possible, proposals should utilise an existing building or previously development or disuses ‘brownfield land’. Policy EC5 concerns expansion of existing employment sites, the policy confirms environmental improvement of the existing employment sites and buildings will be permitted where the development complies with the policy EC1.

The proposed development comprises change of use of the existing building from a café and show room (in connection with the former garage) (B2) to general industrial and storage (B8).

The change of use is accommodated in situ, it applies to the existing café and car show room, the buildings would be modified to accommodate separate industrial and storage uses. The expansion would comprise a volume increase where a new roof is fitted over the amalgamated

7 buildings and some small open areas are incorporated within the body of the building. The expansion is therefore minimal.

The buildings have been vacant for a significant period of time and appear to be dilapidated. The proposed alterations to the existing building shall improve the overall appearance through the amalgamation of the existing buildings. The cover over the forecourt is to remain, the cover is dilapidated and as such Members are advised this could be addressed under different planning powers if considered necessary.

The proposal would utilise an existing employment site with minimal extension to the existing buildings. The works would improve the visual appearance of the buildings and area. The proposed development complies with UDP policies EC1 and EC5 and as such is acceptable in principle subject to detailed considerations.

Development on a contaminated site

Policy DC15 does not permit development on contaminated land unless the proposal will not result in ground contamination either on or off site and will not unacceptably adversely affect public health and safety, nature conservation, historic or archaeological interests.

The policy requires that planning applications are accompanied by a specialist site investigation report, which provides evidence on the nature and extent of ground contamination and any remedial measures to overcome these problems.

This site is a former garage and as such is considered contaminated land, the original application for this scheme was withdrawn following a request for a phase 1 risk assessment by the Authority’s Contaminated Land Officer. This application includes a Phase One Desk Study Report carried out by Environmental Management Solutions. The report concluded that no intrusive contamination investigation is required for the proposed development to proceed safely.

The site inspection carried out by a Geo-Environmental Engineer investigated the contamination for the site categorised by the previous use. The forecourt area which is in the southern part of the site is where the previous fuel pumps where and it is understood that a fuel sales pump for larger vehicles stood in the area to the east of the existing canopy. It is understood the fuel pumps where fed by underground lines from tanks located immediately to the north of the eastern part of the forecourt.

The submitted site investigation showed that only parts of the site used for fuel filling have the potential to be significant sources of contamination, the parts of the site where the change of use is proposed comprise the disused café and car salesroom which are considered not to be significant sources of contamination and are sufficiently removed from the fuel filling areas.

In addition to the fuel filling area, Rhosforio Tip Landfill is approximately 100m from the site and is a potential source of ground gases, however the contaminated land risk assessment concluded migration of these gases to the proposed development is not considered credible.

The Authority’s Contaminated Land Officer withdrew his objection to the proposed development following confirmation from the agent that the proposed development would not include any

8 ground excavation and provided the advised note be included with any forthcoming planning consent.

No excavation works are proposed, as such the proposed development would not result in contamination directly or indirectly. The phase 1 risk assessment, Habitat Regulations Assessment and consultation response received from Natural Resource Wales (NRW), confirm the proposed development would not adversely affect public health and safety, nature conservation. As such the proposed development is in accordance with policy DC15 of the UDP.

Site access and parking arrangements

Policy GP4 concerns suitability of access arrangements and parking facilities associated with development. To be considered acceptable the scheme would need to provide sufficient visibility, turning areas and adequate parking provision.

The site benefits from dual access on and off the Trunk Road and there is sufficient space for vehicles in connection with the industrial units to park off the road.

Transport Wales requested additional information regarding the trip generation, this information was provided by the agent and subsequently an updated response was received from Transport Wales in October confirming they do not issue a direction in respect of this application.

A third party response raised concern regarding accessing their property via the previously used forecourt area. This area is included within the application site, however the plans confirm no permanent feature is proposed which would obstruct this access.

After carefully considering highway safety issues it is considered that the proposed development complies with relevant planning policy.

Impact on amenity

The proposed development comprises creation of a number of individual light industrial workshops. A third party response has been received which raises concern regarding potential noise in connection with the proposed use and traffic movements.

The site has historically supported commercial uses. Impact from the proposed industrial units on the amenity of the nearest property; Pendyrys through noise disturbance has been considered and discussed with the environmental health department. They confirm no objection and advise a condition be included to protect the future amenity of Pendyrys. In light of the above it is considered that the proposal complies with policy relating to amenity.

Impact on ecology

The river Hafrena is approximately 60m from the application site to the north the is located approximately 200m to the south, both are designated as a SSSI and are a tributary to the River Wye Special Area of Conservation. The existing buildings have been vacant for a period of time and the proposed works would include alterations to the roof.

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A Habitat Regulations Assessment (HRA) and Bat Survey have been carried out to assess the likely significant impact on the surrounding protected features and the likely presence of bat roots within the building. The HRA was produced by the Local Planning Authority as the competent authority and verified by NRW. The HRA found that provided recommendations within the consultation response provided by NRW were included as conditions within any forthcoming planning consent.

The protected species report concluded no presence of bats were found within the interior of the building and only a small number of bat droppings were found on the exterior window sill of the building. Mitigation is advised through the provision of bat boxes within the new structure and a precautionary approach to demolition during winter months is advised. These recommendations are included as recommended conditions for any forthcoming planning consent.

Based on the survey and assessment carried out and response from NRW, subject to the recommended conditions, the proposed development is in accordance with policies ENV4, ENV5 and ENV7.

Recommendation

The proposed development would improve the visual appearance of the existing site and provide a new employment facility on an existing brownfield site.

The scheme, subject to the recommended conditions, would not be to the detriment of biodiversity or neighbour amenity.

Therefore, proposed development is in accordance the relevant planning policies as listed earlier in this report and as such recommendation to Members is one of approval subject to the recommended conditions.

Decision Recommendation is one of conditional consent

Conditions 1. The development to which this permission relates shall be begun no later than the expiration of five years from the date of this permission. 2. The development shall be carried out strictly in accordance with the plans stamped as approved (planning reference existing elevations 4364/2A, existing floor plans 4364/1, proposed elevations 4364/a, proposed floor plan 4364/3, existing site layout and location plan 4364/6, proposed site layout plan and location plan 4364/5). 3. Within one month of the implementation of this permission a landscaping scheme shall be submitted to and agreed in writing by the Local Planning 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. 4. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become

10 seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5 year defects period. 5. Notwithstanding the information submitted with the application, demolition shall not be undertaken at any time other than between the months of October and April inclusive. 6. Prior to commencement of works, a plan shall be submitted which detail the location of 3 'improved double crevice' bat boxes and 3 bird boxes located. 7. Works shall cease immediately and a qualified ecologist employed on site should the presence of bats be identified during works to the building. Works shall continue in accordance with instructions given by the qualified ecologist. 8. Notwithstanding the information submitted with the application, an external lighting scheme shall be submitted to and approved in writing by the local planning authority. Works shall be carried out in accordance with the approved scheme. 9. Prior to commencement of development a scheme for the discharge of surface water run off shall be submitted to and approved in writing by the local planning authority. Works shall be carried out in accordance with the approved scheme 10. Prior to commencement of development, a scheme for the installation of equipment to control the emission of noise from the premises shall be submitted to, and approved in writing by the local planning authority. Works shall be carried out in accordance with the approved scheme. All equipment installed as part of the scheme shall thereafter be operated and maintained in accordance with the manufacturer's instructions.

Reasons:

1. Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2. To ensure adherence to the plans stamped as approved in the interests of clarity and a satisfactory development. 3. To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment, visual amenity and privacy in accordance with policies GP1 and ENV2 of the Powys Unitary Development Plan. 4. To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment, visual amenity and privacy in accordance with policies GP1 and ENV2 of the Powys Unitary Development Plan. 5. In the interests of biodiversity and to accord with Powys Unitary Development Plan policy ENV7. 6. In the interests of biodiversity and to accord with Powys Unitary Development Plan policy ENV7 7. In the interests of biodiversity and to accord with Powys Unitary Development Plan policy ENV7 8. In the interests of biodiversity and to accord with Powys Unitary Development Plan policy ENV7 9. In the interests of biodiversity and to accord with Powys Unitary Development Plan policy ENV3 and ENV4 10. In the interests of amenity and to accord with Powys Unitary Development Plan policies GP1 and EC1

Notes

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Potential Contamination informant

The development site is identified as potential contaminated land due to its former use as a petrol filling station/garage and adjoining a landfill. This informant is provided on the understanding that no ground waork what so ever will take place. The applicant should be aware that there are potentially significant liabilities associated with this site. Due to the potential for contamination issues as a result of this historical industrial use, should any made ground and/or contamination be identified during the works it would be prudent to investigate the potential for such contamination and inform the Councils Senior Contaminated Land Officer immediately.

Building Regulations is required for this type of application

Any existing buildings on site should be assessed for asbestos materials prior to demolition. Any asbestos must be removed in full consutlation with the Health and Safety Executive 3rd Floor Darkgate Buildings 3 Red Street Carmarthenshire SA31 1QL

______Case Officer: Dunya Fourie- Planning Officer Tel: 01597 82 7230 E-mail:[email protected]

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