brecon beacons national park authority planning, access ... · 1 march 2016 recommendations of the...

Brecon Beacons National Park Authority

PLANNING, ACCESS, AND RIGHTS OF WAY

COMMITTEE

1 March 2016

RECOMMENDATIONS OF THE DIRECTOR OF

PLANNING ON APPLICATIONS FOR DETERMINATION

BY

THE PLANNING, ACCESS AND RIGHTS OF WAY

COMMITTEE

ITEM NUMBER: 3

APPLICATION NUMBER: 15/13044/FUL

APPLICANTS NAME(S): Camlea Ltd

SITE ADDRESS: Celliwig Court

Llanwenarth

Abergavenny

NP7 7EY

GRID REF: E: 327434 N:215700

COMMUNITY: Llanfoist Fawr

DATE VALIDATED: 17 December 2015

DECISION DUE DATE: 11 February 2016

CASE OFFICER: Mr Matthew Griffiths

PROPOSAL Demolition of existing house and construction of replacement

house with associated access and landscaping works.

ADDRESS Celliwig Court, Llanwenarth, Abergavenny

OFFICER’S REPORT

INTRODUCTION

The proposal seeks the demolition and replacement of an existing farmhouse at the

property known as Celliwig Court (formerly Ty'r ywen Farm).

This is a resubmission of an application that was refused planning permission.

The application is reported to the Planning Access and Rights of Way Committee due to the

objection from Llanfoist Community Council.

SITE DESCRIPTION AND DESCRIPTION OF DEVELOPMENT

The site of development is located in the open countryside on the Valley side of the River

Usk around 1km to the west of Abergavenny. This application seeks full planning permission

for the demolition of an existing dwelling and the erection of a new dwelling on a different

footprint and associated landscaping and sewage treatment.

The application site is a prominently positioned traditional farmstead which is formed

around a yard with a range of traditional barns with some more modern buildings. The

dwelling is considered to be potentially habitable, although it was apparent during the site

visit that it was in need of comprehensive renovation.

Outside the existing dwelling to the west and south is an area which has previously formed

the garden and curtilage to the property. To the north and east is land in agricultural use

with barns and a farm yard. The site of development is located on a relatively flat area which

is currently occupied by two small lean to buildings. On site evidence of the boundary to the

curtilage is limited. During the consideration of the previously determined application third

parties identified works undertaken around the property prior to the application being

submitted which have changed the appearance of the area to the west of the dwelling.

The applicant states that the site is around 0.26 hectares. It is accessed via a stone track

which leads off an adopted road: the A40 trunk road which is some 550m to the South East.

This is a private drive which serves four dwellings before the site and a further property

which is accessed from the track after it passes through the farm yard. Works have been

undertaken to this private drive, these have not been submitted as part of this planning

application and are being considered as a separate enforcement matter. It is noted that the

drive is a public right of way, which continues past the site to the south.

The site sits on the southern outward facing scarp slopes of the Sugar Loaf with long

panoramic views across Abergavenny and towards the Blorenge to the south. At the site

these are screened by woodland to the sites south. The landscape is characterised by large

open expanses of permanent pasture interspersed with occasional fields of arable crops on

the lower valley sides interspersed with remnant treelines and mature field trees. The area

is characterised by scattered farmsteads, and houses are located on slopes affording long

views across the valley below. There are numerous trees within the landscape.

The application proposes the erection of a substantial dwelling using a different footprint to

the existing farm house which will be demolished. From the submitted plans the ground

level to the front of the proposed dwelling ranges between 105m AOD to 106m AOD. The

new dwelling sits on a relatively level area partially occupied by the existing monopitch

buildings. It is noted that third parties have previously contended that the area around this

building has already been excavated.

The proposed dwelling is a substantial two storey building. The applicant indicates it has a

volume of around 1166.3 cubic metres (the applicant states that the existing dwelling is 903

cubic metres), this has been verified using a survey drawing submitted at pre-application.

This represents a 29% increase in volume. The design incorporates a front cross gables

which will rise to approximately 5.4m at eaves height and 8.9m to ridge. The dwelling

frontage is approximately 18.2m with a maximum depth of around 12.2m. The elevations

are broken up through the use of gables and setting down and back of parts of the dwelling.

The palette of materials to be used includes: a stone plinth and chimneys; lime coloured

render to the walls; a natural slate roof; and timber windows, doors, fascias and soffits and

black metal rainwater goods.

The application is supported by a considerable amount of additional information covering

the following:

o Design and access statement;

o Construction and renovation constraints (emails regarding the problems of obtaining

insurance; estimates for underpinning the building; geological report and covering

letter; estimate to renovate; further piling and underpinning estimate);

o Heritage and curtilage (Historic building and structural stability assessment and

supporting photographs; phasing of the development of the property; curtilage

report from heritage consultant; further correspondence in relation to heritage; May

2014 heritage assessment);

o Estimates of proposed and existing house volume from surveyors;

o Structural engineers reports (three reports - October 2013, January 2015 and March

2015);

o Ecological appraisal and protected species survey of the site;

o Landscape and visual impact assessment; and

o Details of foul water treatment plant.

PLANNING HISTORY

An application (ref: 14/11333/FUL) has previously been refused for the proposed demolition

of existing house and construction of replacement house with associated access and

landscaping works on the 11 September 2015. The refusal was for the following reason:

"That the proposed development by virtue of its design, mass, height, scale, siting and its

curtilage, will result in a prominent and incongruous feature, unsympathetic to its setting and

forming a visually intrusive development in the countryside. As such, the development which

is outside any settlement boundary, fails to maintain or enhance the quality and character of

the National Park landscape and is contrary to policies SP1, CYD LP1, 1, 26 of the Local

Development Plan (adopted 2013); Supplementary Planning Guidance "Policy CYD LP1:

Enabling Appropriate Development in the Countryside" adopted May 2015; Planning Policy

Wales (2014); and Technical Advice Note 12: Design (2014)."

PLANNING POLICY CONTEXT

The development plan for the area is the Brecon Beacons National Park Local Development

Plan 2007-2022 (LDP) which was adopted by resolution of the National Park Authority on

the 17th December 2013.

The proposal is located in an area of open countryside as defined by the LDP Proposals

Map. The LDP defines countryside locations as areas unsuitable to accommodate future

development in accordance with the Environmental Capacity of the National Park. In these

areas there is a presumption against development with the exception given to those

development forms where there is a defined essential need for a countryside location.

Strategy policy CYD LP1 sets out the forms of development that are considered acceptable

within these parameters. Criteria 1 of this policy enables proposals that capitalise on

improving the existing building stock and/or utilises previously developed land and/or re-

uses redundant buildings including (c) proposals for the appropriate demolition and

replacement of buildings where this action

i) would result in a net increase of no more than 30% of the original dwelling size

ii) would result in a replacement building with a lower environmental impact

iii) would result in no loss of community services and/or commercial activity within the

settlement;

and iv) The replacement building is intended to serve the identified housing need within the

community.

This strategic position is implemented via policy 26 which requires that applications to

demolish and replace an existing habitable dwelling will only be permitted where

i) the existing dwelling is of no particular architectural and/or historic and/or visual merit,

for which to should be conserved; and

ii) the design, size, and siting of the proposed replacement dwelling is sympathetic to the

setting.

Further to this, the Authority has supplementary planning guidance in relation to this policy

position, "Policy CYD LP1: Enabling Appropriate Development in the Countryside" adopted

May 2015. This guidance sets out the principal considerations in assessing applications for

demolition and replacement of dwellings and states:-

"4.3.4 The Authority will expect any replacement dwelling to be located on the site of the

existing dwelling. A re-siting would only be considered acceptable by the Authority where

there would be resulting environmental or road safety benefits. In such cases the applicant

would be required to demonstrate that there would be no increase in overall visual impact

of the building in the landscape."

The following are considered to be relevant National Planning Policy to the decision:

Planning Policy Wales (Edition 8, January 2016)

TAN 5: Nature Conservation and Planning (2009)

TAN 6: Planning for Sustainable Rural Communities (2010)

TAN 11: Noise (1997)

TAN 12: Design (2014)

TAN 15: Development and Flood Risk (2004)

TAN 18: Transport (2007)

The following policies of the Brecon Beacons National Park Authority Local Development

Plan 2007-2022 are considered relevant:

SP1 National Park Policy

Policy 1 Appropriate Development in the National Park

SP3 Environmental Protection - Strategic Policy

Policy 3 Sites of European Importance

Policy 4 Sites of National Importance

Policy 5 Sites of Importance for Nature Conversation

Policy 6 Biodiversity and Development

Policy 7 Protected and Important Wild Species

Policy 10 Water Quality

Policy 11 Sustainable Use of Water

Policy 12 Light Pollution

Policy 13 Soil Quality

Policy 14 Air Quality

Policy 18 Protection of Buildings of Local Importance

Policy 21 Historic Landscapes

Policy 22 Areas of Archaeological Evaluation CYD LP1 Enabling Appropriate Development in the Countryside

Policy 26 Demolition and Replacement of Dwellings

SP16 Sustainable Infrastructure

Policy 56 Water and Sewage Supply for New Development

Policy 57 Use of Non Mains Sewerage Solutions

Policy 58 Sustainable Drainage Systems

SP17 Sustainable Transport

Policy 59 Impacts of Traffic

PRINCIPLE OF DEVELOPMENT - MERITS OF THE EXISTING PROPERTY

(COMPLIANCE WITH POLICY 26(i))

Policy 26(i) states that to be acceptable under this policy "the existing dwelling is of no

particular architectural and/or historic and/or visual merit, for which it should be

conserved". It is clear from the supporting information submitted with the application that

Ty'r-ywen / Celliwig Court is of historic and architectural interest a view that is supported

in some of the supporting statements. The significance of this interest is however disputed,

the applicant's supporting statements have outlined why the dwelling's interest should not

be considered particularly significant.

The position of the National Park Built Heritage Conservation Officer is that: "The former

farmhouse has been much altered over the centuries and many of the changes have been

less than sensitive. This has meant that the building does not now fulfil the criteria for

national listing. Normally it would be appropriate to resist the demolition of a building that

meets the criteria for Local Listing however in this case the reports clearly show that the

building, due to the movement in the Victorian extension and years of neglect, is not capable

of economic renovation."

Some of its character has suffered from unsympathetic alterations (remodelling, UPVC

windows, concrete lintels, brick infill) and it is in a poor state of repair. This detracts from its visual appearance. The contention that it detracts from the setting of the existing

buildings and has a negative impact on the group setting with the other buildings is noted.

However it is considered although heavily altered the existence of the farm house building is

an integral part of the farmstead and as a matter of planning judgement, forms an important

element within the landscape and is important to forming an attractive grouping of buildings

with the existing barns and outbuildings, to which it is logically related.

The proposal fails to meet the requirements of Policy 26(i) as the existing dwelling is at least

of some architectural, historic and visual merit although it is accepted that the weight that

can be given to this is limited.

JUSTIFICATION FOR DEVELOPMENT (INCLUDING DEMOLITION AND

SITING OF THE NEW DWELLING)

The applicant has submitted considerable supporting information to justify the demolition of

the building and its re-siting these include quotes for renovation, undertaking structural

works, the prospects of obtaining insurance and the practicality of replacing the dwelling in a

location of active springs. All of these indicate a prohibitive cost in renovating or replacing

the dwelling.

The NP Senior Heritage Officer (Building Conservation) has considered this information and states that "The former farmhouse has been much altered over the centuries and many of

the changes have been less than sensitive. This has meant that the building does not now

fulfil the criteria for national listing. Normally it would be appropriate to resist the

demolition of a building that meets the criteria for Local Listing however in this case the

reports clearly show that the building, due to the movement in the Victorian extension and

years of neglect, is not capable of economic renovation. Therefore, with regret, it is

accepted that demolition and replacement can be supported. The hydro reports suggest that

a new site is necessary because of the where the spring line is on the slope. This also seems

to be why the new house is proposed to run along the contours and not across as the

earlier building does."

The matters raised in relation to the issues of renovating the existing property are

considered to be reasonable and persuasive and to be matters that should be accorded

weight in decision-making.

PRINCIPLE OF DEVELOPMENT - IMPACT ON THE CHARACTER AND

APPEARANCE OF THE AREA (COMPLIANCE WITH POLICY 26(ii))

National Planning Policy Context

The importance for considering the proposal within the context of the National Park is

made clear in PPW paragraph 4.11.10 which states that

"In areas recognised for their landscape, townscape or historic value, such as National Parks,

Areas of Outstanding Natural Beauty and conservation areas, and more widely in areas with

an established and distinctive design character, it can be appropriate to seek to promote or

reinforce traditional and local distinctiveness. In those areas the impact of development on

the existing character, the scale and siting of new development, and the use of appropriate

building materials (including where possible sustainably produced materials from local

sources), will be particularly important. The impact of development on listed buildings should be given particular attention."

TAN 12 Design (2014) states the following as important considerations in determining

applications such as this:

"2.6 Design which is inappropriate in its context, or which fails to grasp opportunities to

enhance the character, quality and function of an area, should not be accepted, as these have

detrimental effects on existing communities."

"4.5 In many cases an appraisal of the local context will highlight distinctive patterns of

development or landscape where the intention will be to sustain character. Appraisal is

equally important in areas where patterns of development have failed to respond to context

in the past. In these areas appraisal should point towards solutions which reverse the trend."

"5.6.2 In areas recognised for their landscape, townscape, architectural, archaeological

and/or historic value, such as National Parks, Areas of Outstanding Natural Beauty, World

Heritage Sites and conservation areas, the objective of sustaining character is particularly

important and context appraisals should reflect this"

"5.8.1 The special qualities of the rural landscape and coastline of Wales should be recognised. The qualities should be enhanced through conservation of the character of the

countryside and by achieving quality in new development."

"5.8.3 … Many buildings in rural Wales occupy visibly prominent locations and the scope for

damaging local distinctiveness through inappropriate development may be even greater than

in densely developed areas. Conversely, parts of the countryside may offer unique

opportunities for innovative design which maintains aesthetic quality and also improves

access for everyone and these should be fully explored."

The Authority needs to consider if the proposed design is an appropriate response to the

constraints and opportunities at the site, in the context of the above policy.

Extent of curtilage

There are contested elements in relation to the baseline situation at the site particularly the

extent of the existing curtilage. This is particularly important as it relates to the issue of the

degree to which this development intrudes into the open countryside.

The proposed new dwelling is over what is referred to in the application as the fold barn

and a walled garden. Photographs within the Heritage Statement support the view that

significant ground works (be they landscaping or regrading) may have taken place in this area

and within the fold yard already, an area which is shown occupied by a building in the 1846

Tithe Map. This is a concern because these works may have damaged any surviving in situ

remains of these structures. Secondly, from the description, photographs and cartographic

evidence presented in the Heritage Statement, it is not clear why the area where the

proposed new development is located (over the existing structure of the fold barn and to its

east) is being interpreted as the area of a walled garden, and therefore part of a previous

domestic curtilage. Although the Heritage Statement describes that the boundary wall

'…heavily appears to enclosure a more domestic element of a garden…' the area of the

proposed dwelling to the east of the fold barn is depicted in the majority of the historic

maps as wooded, like many of the fields surrounding the farmstead. It would normally be anticipated that a feature such as a walled garden to be clearly depicted on historic map,

particular the early Ordnance Survey maps and it is not.

The applicant's consultant takes the view that the historic curtilage has taken in the site of

development and that this is supported in historic maps stating that:

"The historic map evidence along with the built fabric, ecology and physical access provide

evidence to show the existence of a landscaped garden area ancillary to the residential

property at least since the latter half of the nineteenth century. This area has extended as

far west as little Tyr y Wen since 1895 and has extended as afar as the farm track shown in

the maps of the 1880s."

They have provided a further rebuttal to the view of the NP Built Heritage Conservation

Officer expressed on the previous application - pointing out that the symbols used are for

orchards and that these may have formed part of the garden area of a property. They also

note that the garden enclosed by the southern wall maybe traced from historic maps.

The more recent curtilage of the property is addressed in the applicant's design and access

statement who states as a matter of fact that the area over time had become a garden, with

pedestrian gates and other features indicating that it is in a domestic use. Recent aerial photographs are not definitive as to whether the site of development was within the

curtilage or not, simply showing that there were a number of trees covering the land.

It is noted that the extent of the curtilage has not been formally established through the

grant of a certificate of lawfulness.

Overall it is considered that the historic and existing curtilage to the property has not been

definitively established. Some of the on ground features like the garden wall and gate

support the view that the curtilage did extend to the south of the site. The extent to the

west appeared less certain on site and the assertion that the Fold Yard was incorrectly

marked for example may not be correct. Much of the applicant's assessment is plausible,

but it appears that the evidence does not fully support the assertions as to the extent of the

curtilage and the evidence could support the view that the curtilage was more limited. It is

not clear that more evidence is likely to be available to clarify this issue and it is viewed that

this matter is unlikely to be definitively established.

Landscape and visual impact of the dwelling

The applicant's submitted landscape report identifies and highlights the landscape character

and sensitivity of the area. The report identifies that within the Countryside Council for

Wales (now Natural Resources Wales) Landmap information system that the site is within

the Sugar Loaf Scarp Slopes Visual/Sensory Aspect Area which is evaluated as having a high

value and also to be of outstanding scenic quality. The landscape report assessment of the

effects of the development concludes that sensitivity of the wider landscape is high, that the

sensitivity of visual receptors is high, but consider that the magnitude of change in the

landscape will be small.

The report goes on to indicate that the near distance views of the site and the effect of

development will be visible but that the impact can be mitigated by the design of the

proposal using locally appropriate materials, the use of the level platform, limited lighting the

re-establishment of the stone wall and retention of other features. It is also suggested that appropriate local planting will reduce the harm from the proposal. The overall conclusion is

that the effect of the proposal on landscape character and visual amenity will be "minor".

The view that the sensitivity of the wider landscapes is high that the sensitivity of visual

receptors is high is accepted. The view that the effects of the development are small and can

be readily mitigated are agreed. The view that the impact of the proposal on landscape

character is "minor" is accepted.

The design is considered appropriate and would not affect the near views unacceptably

particularly from the public rights of way. The dwelling is considered to be well integrated

by virtue of the massing being broken down, comprising a principal element of built form

(the main house) and one or more subservient elements, typically outbuildings or

extensions. In this case the proposed dwelling is broken up with the use of subordinate

elements and the main dwelling, it is considered to be more reflective of local development.

The proposal remains a large dwelling and replaces an existing large dwelling it is not

considered that it is overly dominant or harmful to the surrounding landscape.

Elements of the building such as the steeply pitching roof, the use of render, natural slates

and the windows are considered to be appropriate to the area. Overall the design detailing

are considered to be reflective of local vernacular architecture and local distinctiveness.

The view of the NP Senior Heritage Officer (Building Conservation) is that: "The design has

taken elements of the original farmhouse and incorporated them into the proposals along

with other architectural features traditionally found in the area. The way the building is now

broken up has helped to avoid the monolithic bulk of the previous scheme. The proposed

materials of stone, lime render and natural slate roof is suitable for the site. The use of

painted timber for the joinery and metal for the rainwater goods will all assist to make the

proposals fit in with the surrounding traditional vernacular." These further support the view

that the design of the dwellings is appropriate.

Due to the elevated position and layout of the site it is not considered that the proposal will

be effectively screened within the wider landscape or from all vantage points. It will be

particularly prominent from public rights of way with the proposed landscaping providing

only limited mitigation to the right of way to the south of the site.

Overall it is considered that the application complies with Local Development Plan Policies

SP1, CYD LP1, 26(ii) and 1; Supplementary Planning Guidance; Planning Policy Wales (2014);

Technical Advice Note 12: Design (2014).

IMPACT ON THE LOCAL ENVIRONMENT

The issue of surface water runoff has also been raised in representations. Some supporting

information has been submitted on the drainage works proposed at the site and it is

considered that the detail of the proposed drainage works can be secured through the use

of a planning condition. In respect to foul water disposal; the applicant has submitted some

information on this matter and indicated that they have sufficient land to provide drainage.

NRW has expressed concerns that full detail has not been submitted of the proposed foul

drainage, but they have offered planning conditions.

The applicant has sought to address concerns and objections related to the impact of the

proposal on private water supplies by submitting geological assessments with the application. These have been professionally produced and assess the situation at the site. In common

with issues such as land stability and contaminated land it is considered that responsibility

for determining the extent of risk remains that of the developer. It is for the developer to

ensure that the land is suitable for the development proposed, as a planning authority does

not have a duty of care to landowners. A construction management plan is considered to

offer an appropriate mechanism to ensure that the impact of construction on the local

environment is acceptable. This can also ensure that appropriate measures to ensure that

the impact of polluted (including silt and mud) run off is minimised which would include run

off into water supplies.

IMPACT ON RESIDENTIAL AMENITY

The occupiers of neighbouring properties have previously raised the issue of the potential

for detriment to their residential amenity primarily from noise and other nuisance during

building and construction works. They pointed in particular to the potential for works to be

undertaken at inappropriate and antisocial hours.

The assessment of residential amenity was based on a site visit by the case officer to the

application site and an assessment of the plans submitted with the proposal and aerial

photographs.

The site is located in proximity to adjoining residential properties in particular Maes Berllan

to the north. The other nearby properties are considered to be sufficiently distant that

impacts on their occupiers amenity is likely mitigated.

There is a change in levels between the two properties and the neighbouring property is in

an elevated position on the other side of the farm complex from the property and is over

40 metres from the existing farm house and over 70 metres to the proposed dwelling. The

proposal is considered to be in accordance with PPW and will achieve an acceptable

standard of residential amenity.

Demolition and construction works are considered likely to be of short duration and

relatively small in scale. It is not considered that these will result in unacceptable and

sustained harm to amenity given the safeguards outside the planning system offered by

Environmental Protection Legislation as outlined in WGC 016/2014. A condition is

considered appropriate to restrict works on weekends and at inappropriate times of day.

IMPACT ON THE ACCESS TRACK

The resurfacing and associated works to the access track have previously been raised in

objections. This does not form part of this planning application and forms a separate

enforcement investigation by the Authority. The access track is a private right of way and

interruption to access and its condition are a private civil matter between interested parties.

IMPACT ON ARCHAEOLOGY

The impact on archaeology has been assessed by the National Park Authority Archaeologist.

The NP Archaeologist has commented on the justification for the demolition and expressed

concerns which have been considered above. They have noted that if the demolition is

accepted then conditions will allow for adequate consideration of archaeological matters at

the site.

IMPACT ON ECOLOGY The National Park Ecologist has reviewed the submitted ecological information and has

advised that there is no objection to the application subject to conditions which would

ensure appropriate mitigation and enhancement to ecological interest at the site. Subject to

these requirements the proposal is considered to comply with the biodiversity protection

policies identified above.

OTHER MATERIAL CONSIDERATIONS

Other matters raised by third parties and consultees have been considered, it is viewed that

the above represent the main controversial issues in relation to the application. Issues for

example interruption of telephone services are likely to be private matters between the

applicant, third party and the service provider. The proposal is to replace an existing

dwelling with a replacement dwelling it is considered that this will not give rise to a

significant change in the highways situation at the site. The comments of the local authority

environmental health officer in relation to the design of the dwelling are noted.

In relation to the points raised by Llanfoist Fawr Community Councillor some of the

concerns raised are addressed above. The change in footprint of the property is addressed

above. The significant issues with rebuilding on the existing footprint and the problems of

re-siting the property close to the existing property including issues of private water

supplies and springs are considered to support an argument for re-siting. The retention of buildings is considered to be reasonably clear on the submitted plans; the buildings apart

from the dwellinghouse are proposed to be retained at the site and will be formed around

the farmyard which will be extended onto the site of the dwelling.

The rights of way are to the south of the site of development and there appears no reason

that these should be obstructed or that any changes to their routes will be required. If

during development there is obstruction of rights of ways then appropriate action can be

taken under highway legislation to ensure that they are kept open.

A mechanism to require the demolition of the existing dwelling is also required and a

section 106 agreement will be needed for this purpose as it involves the removal of existing

use rights for the current dwelling.

CONCLUSION

As outlined above the applicant has sought to address the requirements of Policy CYD LP1

and Policy 26. The applicant has provided considerable justification that the dwelling is of

little merit, this is not a view that is supported by the National Park heritage consultees who

consider that the building is in fact of merit. There are considered to be historic,

architectural and visual merits, but these interests are limited as outlined in the supporting

information. When considered with the additional justification that there are significant

structural issues with the existing dwelling and the complexity and difficulty in retaining the

building it is considered that there is a reasonable justification for its demolition. The

proposal is considered to comply with Policy 26.

The design of the proposal is considered to be appropriate to its context and the re-siting

of the dwelling is considered to be reasonably justified. The dwelling will not result in a

prominent and incongruous feature and it will not be unsympathetic to its setting within the

Brecon Beacons National Park. The proposal will comply with policies SP1, 1, SP3, 3, 4, 5, 6,

7, 10, 11, 12, 13, 14, 18, 21, 22, CYD LP1, 26, SP16, 56, 57, 58, SP17 and 59 of the Local

Development Plan (adopted 2013); Supplementary Planning Guidance "Policy CYD LP1: Enabling Appropriate Development in the Countryside" adopted May 2015; and National

Planning Policy. The recommendation is to permit subject to a planning obligation under

Section 106 of the Town and Country Planning Act 1990 (as amended).

RECOMMENDATION: Permit subject to Section 106 Agreement

Conditions and/or Reasons:

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. NP1v1; NP3v1; NP4v1; NP5v1; NP6v1; NP7v1; NP8v1;

NP9v1; NP10v1; NP12v1; NP13v1; NP14v1; NP15v1; NP16v1; NP17v1), unless

otherwise agreed in writing by the Local Planning Authority.

3 Notwithstanding the provisions of the Town and Country Planning (General

Permitted Development) Order 1995 (or any order revoking, re- enacting or

modifying that Order), no enlargement, improvement or other alteration to the

dwelling or addition or alteration to its roof permitted by Classes A and B of Part 1

of the Second Schedule of the 1995 Order shall be carried out. 4 No development shall take place until samples of the materials to be used in the

construction of the external surfaces of the building hereby permitted have been

submitted to and approved in writing by the local planning authority. Development

shall be carried out in accordance with the approved details.

5 Prior to the commencement of development the following shall be submitted to and

approved in writing by the local planning authority:

i. Details of all external joinery at a scale of 1:10 including eaves and verge details.

ii. Samples of the colour scheme for the external walls and joinery

Development shall be carried out in accordance with the details.

6 No development shall take place until a programme of buildings recording and

analysis, equivalent to English Heritage Level 3 building survey, has been secured and

implemented, in accordance with a brief issued by this Authority and Written

Scheme of Investigation, which has been submitted and approved by the Local

Planning Authority. The building recording must meet the standards laid down by

the Chartered Institute for Archaeologists in their Standard and Guidance for the

archaeological investigation and recording of standing buildings or structures. A copy

of the resulting report should be submitted to the Local Planning Authority. After

approval by the Local Planning Authority, a copy should also be sent to Clwyd Powys

Archaeological Trust for inclusion in the regional Historic Environment Record.

7 The developer will ensure that a suitably qualified archaeological contractor is

present during the undertaking of ground works in the development area, so that an

archaeological watching brief can be maintained. The archaeological watching brief

will be carried out in accordance with a brief issued by the local planning authority

and a written scheme of investigation which has been submitted by the applicant and

approved in writing by the local planning authority, which must meet the standards

laid down by the Chartered Institute for Archaeologists in their Standard and

Guidance for an Archaeological Watching Brief. The Local Planning Authority must

be informed at least 2 weeks prior to the commencement of the development of the

name of the archaeological contractor appointed to undertake the Watching Brief.

A copy of the Watching Brief report shall be submitted to the Local Planning Authority for approval, and following approval to the Royal Commission on the

Ancient and Historical Monuments of Wales for inclusion in the National Monument

Record, and to Glamorgan Gwent Archaeological Trust for inclusion in the Regional

Historic Environment Record (HER) within two months of the fieldwork being

completed.

8 Prior to commencement of development works, a full working method statement

shall be submitted to the Local Planning Authority and shall be implemented as

approved. Construction measures and the method statement shall incorporate the

recommendations in Section 4 of the ecological report dated 16 December 2015.

The biodiversity mitigation and enhancement measures shall be undertaken and/or

installed prior to first use of the development. Following the installation of the

mitigation, a report prepared by a suitably qualified bat consultant confirming their

adequate installation shall be submitted to the Local Planning Authority.

9 Prior to the commencement of the development, a habitat creation and management

plan that shall include use of native species, shall be agreed with the Local Planning

Authority and shall be implemented in the first planting season following

implementation of the development. The plan shall include details of the planting

specifications - the species, sizes and planting densities - and a timetable for

implementation and future management to ensure good establishment. The plan shall

also include full details of the enhancement of the roof void above the west wing to make is suitable for use by lesser horseshoe bats.

10 The results of two monitoring surveys in the summer of years 1 and 3 following

substantial completion of the development shall be submitted to the Local Planning

Authority within 2 months of their being undertaken.

11 The external lighting plans NP14v1 and NP15v1 shall be implemented as approved.

No additional external lighting shall be installed at the site unless a revised lighting

strategy is submitted to the Local Planning Authority and approved in writing.

12 The hedgerow and tree planting scheme and specification shall be implemented as

submitted and maintained thereafter in accordance with plan NP17v1.

13 No development shall occur until the Local Planning Authority has been provided

with a copy of a licence that has been issued to the applicant by Natural Resources

Wales pursuant to Regulation 53 of the Conservation of Habitats and Species

Regulations (2010) authorising the specified activity or development to proceed, or

where Natural Resources Wales has informed the applicant in writing that such a

licence is not required.

14 The development hereby permitted shall not be commenced until such time as a

scheme to dispose of foul and surface water drainage has been submitted to and

approved in writing by the local planning authority. The scheme shall be implemented

as approved.

15 Prior to the residential occupation of the property hereby given full planning

permission, the site levels (including proposed ground levels, finished floor levels,

eaves height and ridge height) shall be in accordance with approved plans NP8v1;

NP9v1; NP12v1; and NP13v1, unless otherwise agreed in writing by the local

planning authority.

16 No development shall take place until such time as a construction and demolition

management plan has been submitted to, and approved in writing by the local

planning authority. Development shall be carried out in accordance with the

approved plan. The plan shall identify

i) areas on site, designated for the storage of heavy plant and equipment, including

vehicles and car parking facilities for construction site operatives and visitors; ii) activities such as earth moving, onsite aggregate mixing, crushing, screening, piling

etc., and onsite storage and transportation of raw material;

iii) working practices to control fugitive emissions of dust and other materials arising

from onsite activities e.g. wheel wash facilities; and

iv) working practices for protecting the nearby residential dwellings, including

measures to control noise and vibration arising from on site activities, such as piling,

as set out in British Standard 5228 Part 1: 1997 - Noise and Vibration Control on

Construction and Open Sites.

v) A site environmental management plan with measures to be taken during the

demolition and construction period to protect, watercourses, ground water, wildlife

and habitats;

vi) the timing and phasing of the above elements.

17 Construction and demolition, operations (including deliveries) shall be restricted to

between the hours of 08.00 to 18.00 Monday to Friday and 08.00 to 13.00 on

Saturday. There shall be no operation on Sunday or public holidays, except as agreed

in writing with the Local Planning Authority.

Reasons:

1 Required to be imposed by Section 91 of the Town and Country Planning Act 1990. 2 To ensure adherence to the approved plans in the interests of a satisfactory form of

development.

3 To ensure that the development remains of an appropriate scale and design to

comply with Policy 26 of the Brecon Beacons Local Development Plan (Adopted

December 2013).

4 To ensure that development is in character with the area in accordance with policy 1

of the Brecon Beacons Local Development Plan (Adopted December 2013).

5 To ensure that development is in character with the area in accordance with policy 1

of the Brecon Beacons Local Development Plan (Adopted December 2013).

6 To allow an adequate analytical record of the buildings to be made, before they are

demolished, to ensure that the buildings origins, use and development are

understood and the main features, character and state of preservation are recorded.

7 To ensure that any remains of archaeological significance disturbed in the course of

the development are excavated, recorded and reported.

8 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5

and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP. To

comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation of

Habitats and Species Regulations 2010 (as amended) and the Natural Environment

and Rural Communities Act 2006.











11 To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5 and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP. To














14 To ensure that a suitable drainage system is in place and to protect controlled

waters.

15 To ensure that the detail of the plans are acceptable.

16 In the interests of the amenity of the area and to protect the environment from

pollution in accordance with Local Development Plan (2013) policy 1.

17 In the interests of the residential amenity of the area.

Informative Notes:

APPENDIX 1 – CONSULTEE COMMENTS

Dwr Cymru Welsh Water - Developer Services

6th Jan 2016

SEWERAGE

Since the proposal intends utilising an alternative to mains drainage we would advise that the

applicant seek advice from Natural Resources Wales and or the Building Regulations Authority

/ Approved Building Inspector as both are responsible to regulate alternative methods of

drainage. However, should circumstances change and a connection to the public sewerage

system/public sewerage treatment works is preferred we must be re-consulted on this

application.

Our response is based on the information provided by your application. Should the proposal

alter during the course of the application process we kindly request that we are re-consulted and reserve the right to make new representation.

If you have any queries please contact the undersigned on 0800 917 2652 or via email at

[email protected]

Llanfoist Fawr Community Council

4th Feb 2016

I refer to the above planning application details of which you had forwarded to the Council for

observations and comment. The following are the views of the Council on the application: -

Members have resolved to recommend this application for REFUSAL.

Please note the following observations:-

o It has been noted by Councillors that by moving the house & curtilage away from the

existing site the build instead of being on a brownfield site is now on a greenfield site.

o The proposed site is further into the Brecon Beacons National Park.

o When looking at the site plans - Councillors feel strongly that this is not a demolition

and rebuild but a new build on a totally new site.

o The description of proposals - item 7.9 states that "The outbuildings will be

demolished" - yet the Hernon Associates Drawing No 2996-05 shows the new dwelling and all

"outbuildings" being retained. It is not possible from the information given to see clearly which

"outbuildings" will be demolished which makes the above statement very hard to clarify.

There are additional concerns should the new build be permitted -

o We would see assurance that all Bridleway's (234/5)…, footpath's (238/233), Right of

Way (Drawing 2996-15) and byway 232 will be retained throughout the curtilage of the

property, they are not altered, diverted or closed and that the Planning Officer has written

confirmation from the developer, should any of the above be reported as taken place,

enforcement action will be taken.

o We request that the Highway Footpath Officer confirm with the Llanfoist Fawr Community Council that all the above are open and accessible, and that all existing direction

signs are still available prior to any approval being granted.

o The possible effect on neighbouring properties should be considered if a borehole is

introduced, especially in the light of the reports by Hernan Association with the deterioration

mailto:[email protected]

of the existing house being a result of the existing property being built on top of 3 existing

springs!

Monmouthshire County Council Environmental Health

18th Jan 2016

I can advise that I have no objection in principal to the proposed development.

However I must advise that I am concerned with the proposed layout plan for the second

floor rooms where it appears that the means of escape from bedroom 5 is proposed directly

through the sitting room. A room where the only escape route is through another room is

termed an 'inner room' and poses a risk to its occupier if a fire starts unnoticed in the outer

room. This arrangement should be avoided wherever possible. In my opinion this would be a

Category 1 hazard having regard to the Housing Health and Safety Rating System and the Local

Authority obliged to take formal action (at a minimum the service of a Hazard Awareness

Notice to formally bring the hazard to the attention of the owner/occupier). I therefore

suggest that the layout of these rooms is reappraised.

I note that a borehole is proposed to supply water to the premises. Private supplies should be:

o Appropriately protected from contamination entry from source to tap,

o Suitably treated to ensure water quality standards can be consistently met

o Managed and maintained.

If the property is to be served by a private water supply the property owner should notify this

section to ensure we have the necessary information about the supply.

Monmouthshire County Council Land Drainage No response to date.

Monmouthshire County Council Highways

20th Jan 2016

PROPOSALS AND COMMENTS

I refer to comments made previously on 2014.11333 relating to access and parking.

I can find no details of existing or proposed parking arrangements other than 5 spaces exist on

the application form.

The actual site is well off the highway using a long private track that serves several existing

dwellings.

A plan showing passing places along the track would be a useful demonstration that access to

the whole site would still be manageable as a consequence of this proposal.

These passing places can then be conditioned to be retained in perpetuity.

RECOMMENDATION

Subject to a plan showing passing places and parking at the site, to highway approval, I would

support the proposal.

It should be brought to the attention of the applicant that in the event of a new or altered

vehicular access being formed, the requirements of Section 184 of the Highways Act 1980

must be acknowledged and satisfied. In this respect the applicant shall apply for permission

pursuant to Section 184 of the Highways Act 1980 prior to commencement of access works

via the MCC Highways.

NP Senior Heritage Officer (Building Conservation)

18th Jan 2016

National Policy Framework

Planning Policy Wales (Edition 8: Jan 2016):

Paragraph 6.5.9 recognises the importance of protecting the historic environment and states

that:

"Where a development proposal affects a Listed Building or its setting, the primary material

consideration is the statutory requirement to have special regard to the desirability of

preserving the building, or its setting, or any features of special architectural or historic

interest which it possesses"

The adopted LDP states that:

Policy 19

Development affecting Conservation Areas

New development and alterations to existing buildings within or affecting the setting of a

Conservation Area will only be permitted where it will preserve or enhance the character or

appearance of the area and where the design, all building materials, proportions and detailing

are appropriate to the Conservation Area.

The demolition or substantial demolition of any unlisted building or structure within a

Conservation Area that is subject to Conservation Area consent will only be permitted where

there is the strongest justification. Where such a building is to be replaced, a contract of

redevelopment will be required to be finalised and entered into prior to the granting of

conservation area consent.

3.15.5 Conservation Areas

3.15.5.1 Conservation Areas are areas "of special architectural or historic interest, the

appearance or character of which it is desirable to preserve and enhance. " The NPA has a

duty to ensure that the special features which contribute to the character and quality of these

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 floorscape and the uses and activities which are

carried out there. Conservation Areas have been designated in five settlements in the Park:

Brecon, Crickhowell, Llangattock, Hay and Talgarth. Conservation Area boundaries are

shown on the Proposals Map.

Policy 18

Protection of Buildings of Local Importance

Development affecting buildings which make an important contribution to the character and

interest of the local area as set out on the local list will be permitted where the distinctive

appearance, architectural integrity or their settings would not be significantly adversely

affected.

Considerations

Although there is no formal local list for this area of the Park the buildings on the site do fulfil

the criteria for being included on such a list. The former farmhouse is a late 17th century building with a later Victorian extension. The

barns on the site vary from late 17th to mid-19th century and have their own historic interest.

The former farmhouse has been much altered over the centuries and many of the changes

have been less than sensitive. This has meant that the building does not now fulfil the criteria

for national listing.

Normally it would be appropriate to resist the demolition of a building that meets the criteria

for Local Listing however in this case the reports clearly show that the building, due to the

movement in the Victorian extension and years of neglect, is not capable of economic

renovation

Therefore, with regret, it is accepted that demolition and replacement can be supported.

The hydro reports suggest that a new sight is necessary because of the where the spring line is

on the slope. This also seems to be why the new house is proposed to run along the contours

and not across as the earlier building does.

The landscaping will assist to mask the new property to some extent.

The design has taken elements of the original farmhouse and incorporated them into the

proposals along with other architectural features traditionally found in the area.

The way the building is now broken up has helped to avoid the monolithic bulk of the previous

scheme. The proposed materials of stone, lime render and natural slate roof is suitable for the

site. The use of painted timber for the joinery and metal for the rainwater goods will all assist

to make the proposals fit in with the surrounding traditional vernacular. However it would be appropriate to place some conditions on any planning consent regarding samples etc.

Conclusion

That the proposal can be supported from a build heritage perspective and that a

recommendation of approval, subject to conditions set out below, is given:

1. 1:10 details of all external joinery, eaves and verge details to be provided and agreed

prior to commencement of works

2. Samples of all new external materials to be supplied and agreed prior to

commencement

3. Samples of the colour scheme for the external walls and joinery be supplied and agreed

by the LPA prior to any painting or the use of self-coloured render.

4. Level 3 recording to be carried out on the former farmhouse and a copy of the report

to be provided to the LPA to the appropriate local Archaeological Trust for the area and

agreed by the LPA prior to commencement of demolition.

5. That no demolition take place of the former farmhouse until the contract has been let

for the building of the new house

NP Heritage Officer Archaeology

13th Jan 2016

Thanks for the consultation on this one. Archaeological response attached. Also attached is

the advice note on commissioning archaeological work in the National Park.

A lot of information has been provided with the application, information that for the most part

represent a good enough record of the farmhouse and its historical development to mitigate

the loss of the farmhouse, as long as these are included within the publically accessible regional

Historic Environment Record maintained by Glamorgan Gwent Archaeological Trust. .

However, the one element of the record that would be required to mitigate the loss of the

farmhouse, that is not present within the existing application are elevation drawings of the

farmhouse - could these be requested from the applicant, in order to avoid the need for a

Building Recording condition?

I have covered all this within the archaeological response, along with an appropriate building

recording condition in case the elevation drawings are not provided.

National Policy Framework

Welsh planning legislation and policy guidance outlines that the desirability of preserving

archaeological remains and their setting is a material consideration in the determination of a

planning application (Planning Policy Wales, Chapter 6, Para. 6.5.1).

Planning Policy Wales (Edition 8: 2016):

Paragraph 6.5.1.

'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.

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. In cases involving lesser archaeological remains,

local planning authorities will need to weigh the relative importance of archaeology against

other factors, including the need for the proposed development.'

This means that Local Planning Authorities in Wales have to take into account archaeological

considerations and deal with them from the beginning of the development control process

(WO Circular 60/96 Para. 10), and need to be fully informed about the nature and importance of archaeological remains, and their setting, and the likely impact of any proposed development

upon them (WO Circular 60/96, Para. 15).

Development Plan Framework

The adopted Local Development Plan sets out the Brecon Beacons National Park's policies and

proposals to guide development in the National Park, , including Policy SP3 f):

'All proposals for development or change of use of land or buildings in the National Park must

demonstrate that the proposed development does not have an unacceptable impact on, nor

detract from, or prevent the enjoyment of … archaeological features'.

And also relevant in this case, Policy 26 on the demolition and replacement of dwellings:

Applications to demolish and replace an existing habitable dwelling will only be permitted

where:

i) the existing dwelling is of no particular architectural and/or historic and/or visual merit, for

which it should be conserved; and

ii) the design, size, and siting of the proposed replacement dwelling is sympathetic to the

setting.

Archaeological sensitivity and significance of the site

Consultation of the regional Historic Environment Record, records held by the Brecon

Beacons National Park Authority, and the supporting documents submitted with this

application, indicate that Ty'r-Ywen Farmhouse (also referred to as Celliwig Court) is a site of

historic and archaeological interest. Whilst not Listed, the farmhouse does retain some

heritage value, and the farmhouse and the farmstead as a whole are certainly heritage assets of

local significance.

The farmhouse, along with the threshing barn, as the earliest structures on the site (potentially

dating back to the 17th century) are integral to the heritage significance and values of the

farmstead as a whole, evidential and historical, with each building within the farmstead making

a contribution to its significance and helping to understand the history and development of the farmstead. The desk based research carried out as part of the Heritage Statement indicates

the wealth of historic documentation that is available for Ty-r-Ywen Farm, principally sales

particulars from the early 19th century that trace the owners, provide detailed maps and

descriptions that allow the development of the farmstead to be traced and understood. The

Heritage Statement identifies further sources, currently held by the Dorset History Centre,

that were not consulted, but that may take the documented history of the farm back to the

early 18th century. This wealth of surviving documentary evidence relating to its history and

development enhances the historic and evidential value of the farmstead as a group, the

farmhouse and the outbuildings. The farmhouse is integral to the aesthetic of the site, with its

location and position in the landscape, and its relationship to both the other farm buildings and

its residential curtilage contributing to how the farmstead sits within its setting. Furthermore,

the proposed new dwelling is situated over the current fold barn, which has its origins in the

once separate property of Little Ty'r y Wen.

I welcome the submission the Heritage Assessment, of the detailed evidence in relation to the

development of the garden at the site, and the clarification about the nature of the buildings

that once existed in this area. I also welcome the submission of the Historic Building

assessment with associated photographic recording, which provide a detailed record of the

farmhouse building, and the historic and development of the farmstead.

Archaeological Impact of the development

The farmhouse, although not listed, and much altered, does still retain some heritage

significance, and the demolition and removal of the farmhouse, such a key element of the site,

would dramatically change the character of the farmstead and the ability to read the history

and development of the farmstead through time, having a negative impact on the farmstead as

whole and on the value of the group of historic buildings. I would advise that as the farmhouse

does retain heritage value, its demolition may be contrary to Policy 26 in the LDP, and its loss

would be regrettable. However, if on balance the repair and retention of the farmhouse is not

deemed possible and the proposed new dwelling is acceptable, then the negative impacts of

demolition could be mitigated. I would advise that the information that has been submitted in

support of this application, including the Heritage Statement; the Historic Building Assessment,

its accompanying photographic record and appendix; the Garden Curtilage Assessment; and

the existing plans, for the most part represent a good enough record of the farmhouse and its

historical development to mitigate the loss of the farmhouse, as long as these are included

within the publically accessible regional Historic Environment Record maintained by

Glamorgan Gwent Archaeological Trust. I will send the appropriate documents on to the

Glamorgan Gwent Archaeological Trust for inclusion in the Historic Environment Record, and

confirm receipt. However, the one element of the record that would be required to mitigate

the loss of the farmhouse, that is not present within the existing application are elevation

drawings of the farmhouse - could these be requested from the applicant, in order to avoid the

need for a Building Recording condition?

The location of the proposed new dwelling is over the current fold barn and the site of Little

Ty'r y Wen. The ground works associated with the construction of the new dwelling,

including foundation trenches, landscaping or service trenches excavated as part of the

development, has the potential to damage or destroy any surviving remains relating to this

former structure, and such damage will need to be appropriately mitigated.

Mitigation Required

An Archaeological Watching Brief is required to allow any archaeological deposits encountered during the development to be preserved by record to mitigate the potential

damage to archaeological remains. An appropriate condition would be:

The developer will ensure that a suitably qualified archaeological contractor is present during

the undertaking of ground works in the development area, so that an archaeological watching

brief can be maintained. The archaeological watching brief will be carried out in accordance

with a brief issued by the local planning authority and a written scheme of investigation which

has been submitted by the applicant and approved in writing by the local planning authority,

which must meet the standards laid down by the Chartered Institute for Archaeologists in

their Standard and Guidance for an Archaeological Watching Brief. The Local Planning

Authority must be informed at least 2 weeks prior to the commencement of the development

of the name of the archaeological contractor appointed to undertake the Watching Brief. A

copy of the Watching Brief report shall be submitted to the Local Planning Authority for

approval, and following approval to the Royal Commission on the Ancient and Historical

Monuments of Wales for inclusion in the National Monument Record, and to Glamorgan

Gwent Archaeological Trust for inclusion in the Regional Historic Environment Record (HER)

within two months of the fieldwork being completed.

Reason: To ensure that any remains of archaeological significance disturbed in the course of

the development are excavated, recorded and reported.

If the current elevation drawings are not provided by the applicant then a building recording

condition will be required. However, if they are not provided I would advise that the following

condition should be used to ensure that all the information required of an English Heritage

Level 3 building survey is provided, in order to allow an adequate analytical record of the

building to be mad prior to demolition.

An appropriate condition to use is:

No development shall take place until a programme of buildings recording and analysis,

equivalent to English Heritage Level 3 building survey, has been secured and implemented, in

accordance with a brief issued by this Authority and Written Scheme of Investigation, which

has been submitted and approved by the Local Planning Authority. The building recording

must meet the standards laid down by the Chartered Institute for Archaeologists in their

Standard and Guidance for the archaeological investigation and recording of standing buildings

or structures. A copy of the resulting report should be submitted to the Local Planning

Authority. After approval by the Local Planning Authority, a copy should also be sent to

Clwyd Powys Archaeological Trust for inclusion in the regional Historic Environment Record.

Reason:

To allow an adequate analytical record of the buildings to be made, before they are

demolished, to ensure that the buildings origins, use and development are understood and the

main features, character and state of preservation are recorded.

NP Tree Consultant

3rd Feb 2016

Thank you for consulting me on the above application. I have reviewed the submitted

information and set out my comments below:

1) There are no trees within the proposed development boundary.

2) There is a block of woodland downhill to the South of the proposed development, but this

is separated from the site by a stone boundary wall.

3) There are many other mature trees within the wider setting of Celliwig Court, particularly

along the access drive and field boundaries. 4) The applicant has provided a planting plan with appropriate sized species for a domestic

garden setting.

Based upon the above, no trees will be affected by the proposals, and I recommend that

implementing the planting plan is included in any conditions set. I therefore have no objection

to this application.

NP Head Of Strategy Policy And Heritage

16th Feb 2016

Policy have previously provided comments on the principle of the redevelopment of this site.

At that time we raised concerns regarding the replacement of the dwelling at some distance

from the site of the original dwelling. Having reviewed the current submission, and through

discussions with my colleagues in Heritage, I am satisfied that it is not possible to reuse the site

of the existing dwelling due to the underground spring. Policy therefore remove any

objection in relation to this element.

We had also previously objected to the scale of the proposed replacement dwelling. I

understand both the applicants calculations and your own place the replacement dwelling

within the 30% volume increase (over and above PD rights) enabled within policy CYD LP1

and Policy 26. Strategy and policy therefore remove any objection issued in relation to this matter previously.

In summary, it is considered that the proposal fully complies with the policy and strategy of the

LDP, namely Policy 26 Replacement Dwellings and CYD LP1 Enabling Appropriate

Development in the Countryside.

NP Planning Ecologist

19th Jan 2016

A. Planning Policy & Guidance

o To comply with Planning Policy Wales (2016), section 5.5 and also Technical Advice

Note (TAN) 5, biodiversity considerations must be taken into account in determining planning

applications. Planning permission should be refused if the proposals will result in adverse harm

to wildlife that cannot be overcome by adequate mitigation and compensation measures.

o The adopted Local Development Plan for the Brecon Beacons National Park includes

the following policies regarding ecological issues and safeguarding biodiversity:

o SP3 Environmental Protection - Strategic Policy

o Policy 3 Sites of European Importance

o Policy 4 Sites of National Importance

o Policy 5 Sites of Importance for Nature Conservation

o Policy 6 Biodiversity and Development

o Policy 7 Protected and Important Wild Species

o Policy 8 Trees and Development

o Policy 9 Ancient Woodland and Veteran Trees

B. Legislation

o Environment Act 1995 - the first Statutory Purpose of the National Park is to conserve

and enhance the natural beauty, wildlife and cultural heritage of the National Park

o Natural Environment & Rural Communities Act 2006 - Section 40 requires local

authorities to have due regard to conserving biodiversity. This includes reference to the list of

priority species and habitats produced under Section 42 of the Act. o Conservation of Habitats & Species Regulations 2010 (as amended) - Regulation 9

requires local authorities to take account of the presence of European Protected Species at

development sites. If they are present and affected by the development proposals, the Local

Planning Authority must establish whether "the three tests" have been met, prior to

determining the application.

The three tests that must be satisfied are:

i. That the development is "in the interests of public health and public safety, or for other

imperative reasons of overriding public interest, including those of a social or economic nature

and beneficial consequences of primary importance for the environment".

ii. That there is "no satisfactory alternative"

iii. That the derogation is "not detrimental to the maintenance of the populations of the

species concerned at a favourable conservation status in their natural range"

C. Comments

1. Thank you for consulting me on the above application. The development proposals are

for the demolition of the existing farmhouse and the construction of a replacement dwelling in

a different location.

2. I have visited the site on a number of occasions in 2014 and 2015 and have provided

comments on a similar application in a memorandum dated 21st November 2014. I have

reviewed the documents and drawings submitted with this application, which includes the following ecological information:

o Ecological Appraisal and Protected Species Survey of Celliwig Court, Abergavenny by

Crossman Associates dated 16 December 2015

3. I welcome the submission of the ecological report with the application. During my first

visit to the site in 2014, I recommended that a full ecological appraisal be undertaken and was

then dismayed to find that extensive earthworks and clearance of vegetation had been

undertaken at the site prior to the ecological assessment. In the context of this, the survey

that was then undertaken reflects the status of the site, but may not have reflected the

previous situation. Although the report has been updated and given a new title, no additional

ecological surveys appear to have been undertaken; however, ecological survey reports are

generally considered to be valid for a period of two years and this report falls within that time-

frame.

4. Bat activity surveys were undertaken during the summer of 2014 and I note the

presence of up to three common pipistrelle bats roosting in the building that is to be

demolished. It is unfortunate that so much vegetation clearance was undertaken prior to the

surveys and this may have affected the level of bat activity at the site, particularly for species

such as the lesser horseshoe bat. It is also noticeable that the floors in the existing loft void

had been swept, thereby removing any potential evidence of bat occupation. The mitigation for

the loss of common pipistrelle bat roosts is appropriate and welcome and will maintain the

Favourable Conservation Status of the species concerned. A detailed method statement will

need to be prepared in order to obtain a license from NRW; a copy of this should be

forwarded to the BBNPA. The applicants should note that additional, up-to-date survey

information may be required for a license application, especially if there are further delays

before implementation of these development proposals.

5. Great crested newt surveys were undertaken at an appropriate time of year and no

evidence of great crested newts was found. I have previously expressed my disappointment

that the pond has now been stocked with goldfish - they were not evident during my second

site visit and must have been brought in since then; removal of the goldfish would be

preferable. I welcome the proposed aquatic planting although I suspect the numbers of plants

proposed could be reduced given the size of the pond and the presence of aquatic species that are already becoming established.

6. The proposed landscaping scheme is broadly acceptable and will serve to replace the

vegetation that was cleared earlier this year. The planting specifications are appropriate and

should be implemented as approved.

7. The proposed external lighting scheme is acceptable and a planning condition should be

imposed to ensure its implementation.

8. The land to the south of the pond should also be restored and managed for nature

conservation. The second, small pond could be reinstated along with additional woodland or

orchard planting. I recommend that a long-term habitat creation and management plan should

be prepared for the landscaping and habitat creation works. Additional native-species planting

would also be welcomed along the western boundary of the site.

D. Recommendations

If this application is to be approved, I recommend the inclusion of planning conditions and

informative notes to cover the following issues:

1. Prior to commencement of development works, a full working method statement shall

be submitted to the Local Planning Authority and shall be implemented as approved.

Construction measures and the method statement shall incorporate the recommendations in Section 4 of the ecological report dated 16 December 2015. The biodiversity mitigation and

enhancement measures shall be undertaken and/or installed prior to first use of the

development. Following the installation of the mitigation, a report prepared by a suitably

qualified bat consultant confirming their adequate installation shall be submitted to the Local

Planning Authority.

2. Prior to the commencement of the development, a habitat creation and management

plan that shall include use of native species, shall be agreed with the Local Planning Authority

and shall be implemented in the first planting season following implementation of the

development. The plan shall include details of the planting specifications - the species, sizes and

planting densities - and a timetable for implementation and future management to ensure good

establishment. The plan shall also include full details of the enhancement of the roof void above

the west wing to make is suitable for use by lesser horseshoe bats.

3. The results of two monitoring surveys in the summer of years 1 and 3 following

substantial completion of the development shall be submitted to the Local Planning Authority

within 2 months of their being undertaken.

4. The external lighting plans NP14v1 and NP15v1 shall be implemented as approved. No

additional external lighting shall be installed at the site unless a revised lighting strategy is

submitted to the Local Planning Authority for written approval.

5. The hedgerow and tree planting scheme and specification shall be implemented as

submitted and maintained thereafter.

Informative note:

1. Work should halt immediately and Natural Resources Wales (NRW) contacted for

advice in the event that protected species are discovered during the course of the

development. To proceed without seeking the advice of NRW may result in an offence under

the Conservation of Habitats and Species Regulations 2010 (as amended) and/or the Wildlife &

Countryside Act 1981 (as amended) being committed. NRW can be contacted at:

NRW, Cantref Court, Brecon Road, Abergavenny, NP7 7AX Tel: 0300 065 3000

Reasons: o To comply with Section 5 of Planning Policy Wales (2016), Technical Advice Note 5

and Policies SP3, 6 and 7 of the adopted Local Development Plan for the BBNP

o To comply with the Wildlife & Countryside Act 1981 (as amended), the Conservation

of Habitats and Species Regulations 2010 (as amended) and the Natural Environment and Rural

Communities Act 2006

Natural Resources Wales/Cyfoeth Naturiol Cymru

21st Jan 2016

Thank you for consulting Natural Resources Wales (NRW) regarding the above planning

application on 05 January 2016. NRW do not object to the proposal, subject to suitable

conditions being attached to any planning permission regarding foul drainage and European

Protected Species. We also provide advice and comments regarding local biodiversity and the

NRW remit.

Foul drainage and Source Protection Zones

We refer you to the planning application form, which confirms that the applicant intends to

discharge foul water into an existing septic tank. The receptor for the discharge from the

septic tank does not appear to be confirmed in the submitted information (ground, for

example, soakaway or watercourse).

Before deciding a planning application, the Local Planning Authority needs to be satisfied that

the proposed foul drainage arrangements are suitable. We refer you to the hierarchical approach to foul drainage and requirements for non-mains drainage assessment described in

Planning Policy Wales (PPW) and Welsh Office Circular 10/99 (Planning Requirement in

respect of the Use of non-Mains Sewerage incorporating Septic Tanks in New Development).

The suitability of using the existing septic tank for the new development should be assessed.

The nature and volume of the effluent, as well as the location and condition of the existing

septic tank and drainage field, should be taken into account. Drainage fields for new discharges

should be designed in accordance with British Standard 6297;2007 + A1:2008. It should be

noted that there are springs located near the proposed development, which supply water to

neighbouring properties. All water supplies used for human consumption are designated as

Source Protection Zone 1 with a 50 metre radius. Source Protection Zones are used to

identify those areas close to drinking water sources where the risk associated with

groundwater contamination is greatest. The foul water drainage system should not pose an

adverse risk to these springs. We recommend that you seek further information from the

applicant regarding the above material planning considerations; and in order to confirm that

the existing foul water system is suitable for use given the new development and without

having an adverse risk to controlled waters. Should your Authority be minded to approve the

planning application without this information then we recommend that the following condition

is included in the permission:

Condition: The development hereby permitted shall not be commenced until such time as a

scheme to dispose of foul and surface water drainage has been submitted to and approved in

writing by the local planning authority. The scheme shall be implemented as approved.

Reasons: To ensure that a suitable drainage system is in place and to protect controlled

waters.

Regulatory Controls in addition to Planning Permission

Foul Water Discharge

The applicant should be aware that irrespective of any planning permission granted that an

Environmental Permit or exemption should be obtained from NRW for the foul water

discharges. If a property has a septic tank or package sewage treatment plant, it is a legal

requirement for the discharge to be registered with Natural Resources Wales.

Where sewage effluent is discharged into ground within a Source Protection Zone 1 the operator will need to comply with Environmental Permitting Regulations. Subject to certain

criteria being satisfied, the applicant may be able to register for an exemption, however, if this

criteria is not met then an Environmental Permit should be obtained from us. The applicant

should visit the following website and consider the application procedures and implications for

the development. https://naturalresources.wales/apply-for-a-permit/environmental-

permittingregulations-guidance/epr-guidance/?lang=en

At this stage we cannot guarantee that authorisation will be provided by us. Should the

applicant require further help or ask for a pre-application discussion please call us on Tel no.

0300 065 3000. The applicant should also refer to Building Control requirements, British

Standards and recognised industry Codes of Practice. Abstraction of Water Should the

applicant wish to abstract _$4 20 m3/day of water then an abstraction license will also be

required from us.

European Protected Species

We refer you to the 'Ecological Appraisal and Protected Species Survey of Celliwig Court,

Abergavenny' by Crossman Associates (ref: S1116.002 dated 16 December 2015), which

confirms that common pipistrelle bats are roosting in the farmhouse. Bats, along with their

breeding sites and resting places, are protected under the Conservation of Habitats and

Species Regulations 2010 (as amended). Where bats are present and a development proposal

is likely to contravene the legal protection they are afforded, the development may only

proceed under licence issued by NRW, having satisfied the three requirements set out in the legislation. A licence may only be authorised if:

a) the development works to be authorised are for the purpose of preserving public health or

safety, or for other imperative reasons of overriding public interest, including those of a social

or economic nature and beneficial consequences of primary importance for the environment;

b) there is no satisfactory alternative; and /or

c) The action authorised will not be detrimental to the maintenance of the population of the

species concerned at a favourable conservation status in its natural range.

We refer you to comments made in paragraph 6.3.7 of Technical Advice Note 5:

Nature Conservation and Planning (TAN5), which advises that your Authority should not

grant planning permission without having satisfied itself that the proposed development either

would not impact adversely on any bats on the site or that, in its opinion, all three conditions

for the eventual grant of a licence are likely to be satisfied. On the basis of the submitted

ecological report, we do not consider that the development is likely to be detrimental to the

maintenance of the population of the species concerned at a favourable conservation status in

its natural range. Therefore, we do not object to the proposal, subject to the inclusion of a

planning condition on any planning permission granted by your Authority that prevents the

commencement of development works until your Authority has either been provided with a

licence that has been issued to the applicant by Natural Resources Wales pursuant to

Regulation 53 of the Conservation of Habitats and Species Regulations (2010) authorising the

specified activity or development to proceed, or where Natural Resources Wales has

informed the applicant in writing that such a licence is not required. Please note that any

changes to plans between planning consent and the licence application may affect the outcome

of a licence application. We advise recipients of planning consent who are unsure about the

need for a licence to submit a licence application to us.

Natural Environment and Rural Communities (NERC) Act 2006

Please note that we have not considered possible effects on all species and habitats listed in

section 42 of the Natural Environment and Rural Communities (NERC) Act 2006, or on the

Local Biodiversity Action Plan or other local natural heritage interests. 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 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).

https://naturalresources.wales/apply-for-a-permit/environmental-permittingregulations-guidance/epr-guidance/?lang=en

https://naturalresources.wales/apply-for-a-permit/environmental-permittingregulations-guidance/epr-guidance/?lang=en

NRW Remit

If the applicant requires guidance on matters within our remit then this can be found on our

website at www.naturalresourceswales.gov.uk. Here, we provide guidance on environmental

planning and regulatory issues, which includes topics on foul drainage, pollution prevention,

waste management, biodiversity and protected species. We trust our representation is of

assistance. However, if you have do have any queries then please contact us.

APPENDIX 2 – CONTRIBUTORS

Howells Solicitors, First Floor, Hallinans House

NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY

The application was publicised by neighbour notification letter and the placing of a site

notice at the end of the access drive on the public highway.

A letter was received which indicated that they had no wish to object to the proposed development, but that it must not adversely affect the private water supplies and springs and

streams arising near to the site so that they detrimentally impact on neighbouring

properties.

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