Planning, Taxi Licensing and Rights of Way Committee Report Application No: P/2016/0891 Grid Ref: 331182.14, 294149.56 Community Churchstoke Valid Date: Officer: Council: 26/08/2016 Bryn Pryce Applicant: N C Wilkins & P E Dix, Land adjacent to Ael Y Bryn, Hyssington, Montgomery, Powys SY15 6AT Location: Land adjacent to Ael Y Bryn, Hyssington, Montgomery, Powys, SY15 6AT. Proposal: Outline application for the erection of a dwelling, construction of vehicular access and installation of sewage treatment plan with some matters reserved Application Application for Outline Planning Permission Type: The reason for Committee determination The planning application represents a departure from the development plan. Site Location and Description This site is accessed via a private lane off the C2056 classified highway within the rural settlement of Hyssington. The existing site is currently laid to grass and is bound by dwellings to the east and west with agricultural land to the south west and the private lane to the north. This outline application seeks consent for the erection of a dwelling, construction of vehicular access and installation of sewage treatment plan. Matters relating to appearance, scale, layout and landscaping are reserved for future consideration. Consultee Response Churchstoke Community Council Correspondence received 28th Septemebr 2016 P/2016/0891: CCC objects to the application on the grounds a) CCC notes the potential for increased traffic which is likely to be generated by the accommodation, and has concerns for safety at the junction the with the highway C2056 b) CCC requests that protection afforded to the mature trees at, and around, the proposed development site. PCC – Highway Authority 1 - Correspondence received 15th September 2016 In terms of Highways nothing has changed from the previous application P2012/0953. Due to no further evidence being provided the Highway Authority recommends REFUSAL for the reasons given under P2012/0953. - Correspondence received 7th November 2017 The County Council as Highway Authority for the County Class III Highway, C2056 Wish the following recommendations/Observations be applied Recommendations/Observations The Highway Authority acknowledge the report written by Woodsyde Developments Ltd 13/01/17 and conclude that whilst aspects are considered acceptable and that vehicle speeds are low, overall though, the available visibility splays still remain significantly below that for even 20 mph traffic speeds. Therefore, the increased use of this access will potentially lead to conditions prejudicial to highway safety conditions. However, on balance, the likelihood of any potential conflicts remain very low and with the low volumes of traffic and no evidence of any issues within the village we must advise that we are not proposing to object to this application and recommend the following condition be attached to any consent that may be issued. HC8 Prior to the occupation of the dwelling, provision shall be made within the curtilage of the site for the parking of not less than one car per bedroom excluding any garage space provided together with a turning space such that all vehicles serving the site may both enter and leave the site in a forward gear. The parking and turning areas shall be retained for their designated use for as long as the development hereby permitted remains in existence. In the interests of highway safety. PCC - Building Control Correspondence received 5th September 2016 Please be aware that the proposed development will require Building Regulations approval. For further infomration or to discuss the project, please contact me on 07876216734 or [email protected] Severn Trent Water Correspondence received 13th September 2016 Thank you for the opportunity to comment on this planning application. Please find our response noted below: Waste Water Comments 2 With Reference to the above planning application the company’s observations regarding sewerage are as follows. I can confirm we have no comment to make as no foul sewage or surface water is to discharge to the public sewerage system. To help us provide an efficient response please could you send all responses to [email protected] rather than to named individuals. PCC - Environmental Health Correspondence received 14th September 2016 I have the following concerns about this application with respect to the foul drainage, as I will outline below. The settlement of Hyssington is designated a Rural Settlement within the strategic settlement hierarchy due to the absence of mains drainage and the unsuitable ground conditions for septic tank drainage. The use of a package sewage treatment plant instead of a septic tank could be a suitable method of sewage disposal if the treatment plant were to discharge to a watercourse (provided NRW consent was sought), however the proposal to utilise a ‘soakaway’ or drainage field is not appropriate because the ground conditions are known to be unsuitable. The previous planning application at this site (P/2012/0953) was refused due to concerns regarding the foul drainage. In particular the plot size, its proximity to Rhiastyn House and the topography of the land mean that the site presents a significant challenge in terms of a suitable design for a foul water disposal system. It is likely that sewage effluent would escape from the application site and affect neighbouring properties. At the time of the previous application it was considered that it had not been adequately demonstrated that the proposal would not impact upon the integrity of ground waters and the amenity of neighbouring properties. This present application does not address any of the previous concerns. The present application proposes to utilise a package sewage treatment plant, the effluent from which will then enter a reed bed before entering a concrete ring soakaway. This type of soakaway is intended to be used for the disposal of storm water and is totally unsuitable for foul drainage. Also, no percolation test results have been submitted. The correct method of drainage field design is contained in document H2 of the Building Regulations, which has not been followed. Therefore the applicant/agent has provided no information with respect to the ground conditions, and has proposed an inappropriately designed ‘soakaway’. In order to minimise any potential effect on amenity the applicant/agent is proposing to utilise a reed bed system to further purify the effluent prior to disposal. Again, the relevant methodology for reed bed design is document H2 of the Building Regulations, which state that they should not be constructed in the shade of trees because this will result in poor growth and therefore poor performance. The proposed reed bed location will be in the shade of trees for a significant proportion of the day. For the above reasons I must object to the application. 3 Correspondence received 12th February 2018 Thank you for forwarding the amended proposal for comment. I have no objection to the proposal for a package sewage treatment plant with a discharge to watercourse, subject to consent/exemption from Natural Resources Wales for the discharge. CADW Correspondence received 15th September 2016 Thank you for your letter of 31 August 2016 inviting our comments on the proposed development as described above. Our statutory role in the planning process is to provide the local planning authority with an assessment concerned with the likely impact that the proposal will have on scheduled monuments, registered historic parks and gardens, registered historic landscapes where an Environmental Impact Assessment is required and development likely to have an impact on the outstanding universal value of a World Heritage Site. It is a matter for the local planning authority to then weigh our assessment against all the other material considerations in determining whether to approve planning permission, including any issues concerned with listed buildings and conservation areas. Applications for planning permission are considered in light of the Welsh Government’s land use planning policy and guidance contained in Planning Policy Wales (PPW), technical advice notes and circular guidance. PPW explains that the desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application whether that monument is scheduled or not. Furthermore, it explains that where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. Paragraph 17 of Circular 60/96, Planning and the Historic Environment: Archaeology, elaborates by explaining that this means a presumption against proposals which would involve significant alteration or cause damage, or which would have a significant impact on the setting of visible remains. PPW also explains that local authorities should protect parks and gardens and their settings included in the first part of the Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales. The proposal is located within the vicinity of the scheduled monument known as MG119 Hyssington Mound & Bailey Castle. The intervening vegetation and buildings of Hyssingto are likely to block views form the Scheduled monument to the application area. Even if they don’t block all views the proposed house will be seen as part of the existing settlement and consequently will not