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Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2015/0670

Grid Ref: 316962.74 318427.57

Community Council:

Llanfyllin Valid Date: 17/07/2015

Officer: Kate Bowen

Applicant: Mr Peter Lewis, Caeau, Llanfyllin, Powys, SY22 5LF

Location: Caeau, Llanfyllin, Powys, SY22 5LF

Proposal: Full: Conversion of a barn to a single holiday unit, alterations to access and associated works

Application Type:

Application for Full Planning Permission

Reason for Committee determination The applicant is a County Councillor.

Site Location and Description Caeau is located approximately 2.5km east of Llanfyllin and approximately 200m north of the A490 highway. The building the subject of the application is attached to the north western part of the property and buildings of Caeau and protrudes at right angles. The building comprises a stone built superstructure with timber frame infill with a traditional formed rafter and purlin roof under a slate roof. Planning permission was granted under reference M/2006/0057 for conversion of the barn to create two holiday units and alterations to existing vehicular access on 16th March 2006. This application seeks permission for amendments to that previous consent, namely conversion of the barn to a single holiday unit and associated amended external alterations together with alterations to the existing access. Consultee Response Llanfyllin Town Council The Town Council wish to let your office know that they have no objections to the above planning application.

PCC Highway Authority First response:

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I understand that the previous approval M2006/0057 was subjected to highway improvements and was conditioned accordingly. Can you please verify that that these improvements have been carried out and if not please proceed with enforcement action. If enforcement cannot be taken can you please attach the same conditions as before. Second response: In that case can we ensure the same conditions are used as before then. PCC Building Control No response received Wales & West Utilities According to our mains records Wales & West Utilities has no apparatus in the area of your enquiry. However Gas pipes owned by other GT's and also privately owned may be present in this area. Information with regard to such pipes should be obtained from the owners. Safe digging practices, in accordance with HS(G)47, must be used to verify and establish the actual position of mains, pipes, services and other apparatus on site before any mechanical plant is used. It is your responsibility to ensure that this information is provided to all persons (either direct labour or contractors) working for you on or near gas apparatus. Please note that the plans are only valid for 28 days from the date of issue and updated plans must be requested before any work commences on site if this period has expired. PCC Environmental Health First response: I require further detail relating to the existing foul drainage system, size condition and plan to show its location. I will also require the agent to confirmation that the system will accommodate the additional waste. Second response: Thank you for the additional information. I have no objection to the application. PCC Countryside Services Thank you for consulting Countryside Services on the above application. A Public Right of Way – Footpath 2 – passes near to the site of the proposed development, across the access road, but does not appear directly affected.

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The right of way must remain open and available for safe unimpeded public use at all times, both during development and following completion. The right of way must not be obstructed. Clwyd Powys Archaeological Trust First response: Thank you for the consultation on this application. Information held within the Regional Historic Environment Record indicates that although the development appears to have limited sub-surface archaeological implications the proposals will affect a late 18th - 19th century traditional barn which retains some features of local architectural interest including timber-framed elements. It would be unfortunate if this building is now permanently altered for residential use without a basic record of the current form and layout of the structure. I would therefore ask that the applicant is required to carry out a photographic survey (comprising photographs in high resolution digital format showing each existing internal and external elevation and the site's general location) before development commences, in order to preserve a record of this building in it's original form and layout. To facilitate this I would ask that an appropriate planning condition is attached to any permission granted, and I include below a suggested condition which you may wish to consider using: Suggested planning condition to facilitate a photographic survey of the building, in accordance with an English Heritage Level 1 specification, prior to development Development shall not begin until an appropriate photographic survey, equivalent to an English Heritage Level 1 study, of the existing building has been carried out in accordance with details to be submitted to, and approved by, the Local Planning Authority. The resulting digital photographs should be forwarded on a CD to the Local Planning Authority and the Development Control Archaeologist (Clwyd-Powys Archaeological Trust, 41Broad Street, Welshpool, Powys, SY21 7RR. Email: markwalters@cpat.otg.uk Tel: 01938 553670). After approval by the Local Planning Authority, a copy of the photographs should also be sent to the Historic Environment Record Officer, Clwyd-Powys Archaeological Trust for inclusion in the regional Historic Environment Record Reason: To secure a full photographic record of the original building prior to alteration/conversion I have also attached a guidance note on completing photo surveys which should be forwarded to the applicant. Second response: Thank you for the amended details. In this case our advice for a photographic survey and the already submitted condition will remain the same.

  

PCC Contaminated Land Officer

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In relation to Planning Application P/2015/0670 the following advice is provided for the consideration of Development Control. Advice for Development Control Former barns and agricultural land could contain potential sources of contamination depending on what they were used for in the past such as: pesticides, fuels and oils, slurry tanks and pits, fire sites, animal burial pits or other buried waste, fertiliser, sheep dip pits, asbestos, old machinery, waste chemical drums and ammunition. Therefore, the following informant is recommended. Barn Conversion Informant The development site is identified as potential contaminated land due to its former use as a barn. Due to the potential for contamination issues as a result of this historical industrial use, should any made ground and/or contamination be identified during the works it would be prudent to investigate the potential for such contamination and inform the Councils Senior Contaminated Land Officer immediately. PCC Ecologist No response received Representations Following display of a site notice and publicity in the local press, one public representation of objection received and summarised as follows: 1. Application lacks an appropriate and thorough investigation of bats commonly resident in

traditional farm buildings (as is normal in these types of applications without exception). It is important that a bat survey is undertaken to safeguard and protect their continued existence.

2. In compliance with correct planning protocol, it is essential that all applications should be accompanied by a sound justification.

Planning History M/2005/0894 - Conversion of barn to create two holiday units and formation of vehicular access. Refused 01.11.2005 M/2006/0057 - Conversion of barn to create two holiday units and alterations to existing vehicular access (resubmission of M2005 0894). Condiitonal consent 16.3.2006

Principal Planning Constraints

Public Right of Way A490 Highway Located within Visual and Sensory LANDMAP Aspect Area of River Severn Flood

plain - Flat Open Lowland Farmland (MNTGMVS650). Evaluated as moderate Principal Planning Policies

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National Planning Policy Planning Policy Wales (Edition 7, July 2014) TAN 5 - Nature Conservation and Planning (2009) TAN 6 – Planning for Sustainable Rural Communities (2010) TAN 23 – Economic Development (2014) Welsh Office Circular 22/87: Development of Contaminated Land Welsh Government Circular 016/2014: The Use of Planning Conditions for Development Management Local Planning Policy Powys Unitary Development Plan (2010) UDP DC11 - Non-mains Sewage Treatment UDP DC15 – Development on Unstable or Contaminated Land UDP ENV2 – Safeguarding the Landscape UDP ENV3 - Safeguarding Biodiversity & Natural Habitats UDP ENV7 - Protected Species UDP GP1 - Development Control UDP GP4 - Highway and Parking Requirements UDP GP6 - Conversion of Buildings in the Countryside UDP RL6 - Rights of Way and Access to the Countryside UDP TR2 - Tourist Attractions & Development Areas UDP SP3 – Natural, Historic and Built Environment Affordable Housing for Local Needs Supplementary Planning Guidance (SPG) Approved September 2010, Updated July 2011 RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement Officer Appraisal Section 38 (6) of the Planning and Compulsory Purchase Act 2004 Members are advised to consider this application in accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, which requires that, if regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise. Policy and Principle of development Members are reminded that the principle of converting the building into two holiday units was accepted under the M/2006/0057 permission. That historical permission was considered

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under the Montgomeryshire Local Plan policies and as such consideration of the amended proposal is required under the Powys Unitary Development Plan. The key local planning policy for conversion of buildings in the countryside is UDP Policy GP6. This policy is hierarchical and encourages preferred uses, firstly an employment use providing industrial, office or research and development premises; followed by a residential conversion as part of a scheme for economic re-use or as a rural workers dwelling; followed by a residential development to meet a proven need for affordable housing. Only where these uses are proven to be unsuitable will conversions to permanent residential use, holiday accommodation or other tourism, leisure and recreation uses be considered. The comments within the public representations refer to justification for the proposal. UDP Policy GP6 allows two options with which to demonstrate that the first uses in the hierarchy are not suitable. The first is a marketing exercise for a period of at least 6 months and the second is a written justification demonstrating that the first three uses in the hierarchy are impractical. Although a marketing exercise has not been carried out, a Justification Statement has been provided as to why the first three preferred uses would be impractical for this particular development. In relation to the first use; industrial, office or research and development premises for uses within class B1, the justification statement indicates that there is no demand for such rural buildings for office use because small local businesses operate from their own home or use an office space within the town. In addition, most businesses would prefer to locate within the larger towns of Oswestry or Welshpool, rather than Llanfyllin to increase their business profile. In addition there are vacant properties in Llanfyllin to adequately serve business needs. Furthermore the cost of purchasing and converting a building would be greater than using office space elsewhere. In terms of industrial uses, the justification statement explains that such uses would generate noise and pollution which is unacceptable where there is an adjacent residential occupier. Furthermore, there are vacant industrial units within the locality which would serve such a use. The second use within the hierarchy is for a residential conversion as a subordinate part of a scheme for economic reuse. The justification statement does not address this section of the hierarchy, however it is accepted that consideration of this tier is similar to the first tier, where there is no local commercial/industrial use to requiring accommodation. The justification statement indicates in relation to the third use in the hierarchy; a residential development to meet a proven local need for affordable housing that the conversion costs of £1,000 to £1,500 per square metre in comparison to a new dwelling of approximately £1,000 square metre is too costly for an affordable dwelling. In addition, it is stated that the size of the accommodation provided exceeds the size of an affordable dwelling. These per square metre conversion costs are considered reasonable. The internal floor space of the building has been calculated as 124 square metres (accommodation comprising kitchen/dining, living room, utility and wc on the ground floor and three bedrooms, two en-suites and a bathroom on the first floor) which does not exceed the 130 square metres size restriction advised within the Council’s Affordable Housing SPG. However, it is accepted that given the previous planning permission, that Development Management cannot insist upon the provision of an affordable dwelling.

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It is accepted that conversion into one of the uses in tiers I to III are impractical and therefore conversion to permanent residential use, holiday accommodation or other tourism, leisure and recreation uses can be considered. The application seeks consent for a holiday use which TAN 6 highlights as potentially contributing more to the rural economy than residential conversions and may reduce pressure to use other houses in the area for holiday use. On this basis, it is recommended that holiday occupancy conditions are attached to any consent granted. On the basis of the discussion above and the planning history, it is considered the principle of such use could not be resisted subject to occupancy conditions and consideration of the remaining requirements of UDP policy GP6 and other planning considerations. Conversion and design The second part of policy GP6 requires the building to have a history of bona fide agricultural use, with its change of use and associated development not leading to pressure for replacement buildings and the building being of a suitable size and structurally sound and capable of conversion without significant rebuilding or the need for major alterations or extensions. The building has clearly been used for agricultural purposes historically and as such there is no question of it having a bona fide agricultural use. In terms of the pressure for replacement buildings, there is no indication that a replacement building is required at Caeau. However if a building is required, the siting and design of such a building in this landscape classified as moderate by the LANDMAP system could be considered at the time of submission. Therefore, it is not considered necessary to include a condition to remove permitted development rights for new buildings on the same holding. In respect of the third section of Part B of the policy (capability of conversion), the Structural Report indicates that the structural condition and stability of the building means that there is no doubt that the building would provide a structurally adequate base for conversion into a single holiday let. The lack of evidence to suggest that any part of the existing buildings has been subject to significant structural movement, settlement or subsidence damage or to have been affected in anyway by ground movement further emphasises its structural stability for its future use. On the basis of the conclusions of the structural report, it is considered that the proposal complies with the third section of Part B of Policy GP6. In respect of the need for major alterations or extension, it is proposed to remove the existing lean to log store on the rear elevation and construct an open sided timber porch on the front elevation. In consideration of the size of the porch, this minor extension is considered acceptable. Otherwise the alterations consist of the insertion of roof lights and windows. In considering proposals for conversion of traditional buildings, good design seeks to retain the character and appearance of the building as far as possible and advises that domestic additions and features should be avoided. It is noted that the proposal introduces a substantial amount of glazing on the rear elevation, however the submission explains that these openings are located where the historic structural members have been replaced by modern studwork and the design seeks to provide the ‘wow factor’ to assist in letting the property as a viable business. In addition, additions such as porches are not usually encouraged due to their domestic appearance. However, the porch would be located on the

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elevation facing the dwelling and this area of the site already possesses a domestic characteristic. In consideration of the overall design, the location of the building, attached to a domestic property along with the proposed end use, it is considered that the proposal would not have a detrimental impact upon the character and appearance of the building in accordance with UDP Policy GP6. It is recommended that a condition removing permitted development rights is attached to any consent granted to ensure that the property is not extended or altered in the future without applying for planning permission and ensuring that development is sensitive to the character of the building. The proposal does not include details of boundary treatments and therefore in order to ensure such treatments are appropriate to the rural location, it is recommended that a condition is attached to any consent granted to require the submission of a hard and soft landscaping and boundary treatment plan and its implementation. Overall, it is considered that subject to the conditions discussed above, the conversion and design of the proposal is acceptable and would not warrant refusal of the application. Amenity The dwelling of Caeau is within the same ownership as the building the subject of the application and as such any concerns over the impact upon the amenities enjoyed by the occupiers of Caeau are alleviated by this ownership and the proposed use as a holiday let. If it was proposed to use the building as a residential dwelling, further consideration may be required in respect of amenity and in particular privacy. Otherwise the nearest neighbouring property is located over 100 metres distant and as such there are no concerns over the impact upon the amenities enjoyed by the occupiers of neighbouring properties. Highway access and parking The M/2006/0057 consent was granted approval subject to a number of conditions requiring improvements to the existing access off the A490. Following a site visit with the Highways Officer it is clear that the requirements under conditions 9 (visibility) and 12 (width of first 11 metres of access) have not been implemented yet. Given that the holiday use has not been commenced under the 2006 permission, additional traffic generation from the use has not yet occurred and as such no harm has been caused by this. The Highway Officer has recommended that all the relevant highways conditions are reapplied and this approach is agreed with in consideration of the traffic speeds along the A490 at this location and the nature of the existing access and proposed increase in vehicular movements. The site includes ample parking and turning facilities for the proposed use within the yard area to the front of the building. Ecology The application is not accompanied by an ecological survey to assess the impact upon protected species, in particular bats. As the public representations comment, proposals for barn conversions are normally required to be accompanied by a protected species survey to allow assessment of the impact upon such species.

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The submission states that a survey has not been carried out because the barn has recently been re-roofed. This work involved re-felting, re-battening on new timbers and the reclaimed slates being re-laid. Therefore it is asserted that the risk of disruption to protected species is low. Ecological enhancements in the form of the provision of a bat box, some bird boxes and native planting are proposed. This situation is uncommon but not unheard of and as such advice has been sought from the Council’s Ecologist. Hopefully, a response will be provided prior to the Committee meeting for inclusion as an update for Members. Contaminated Land The Council’s Contaminated Land Officer has advised that former barns and agricultural land could contain potential sources of contamination depending on what they were used for in the past such as: pesticides, fuels and oils, slurry tanks and pits, fire sites, animal burial pits or other buried waste, fertiliser, sheep dip pits, asbestos, old machinery, waste chemical drums and ammunition. Therefore, to ensure that the applicant/landowner is aware of this potential an informant has been recommended. It is considered that the inclusion of such an informant would be useful and should be included within any decision notice issued. Disposal of foul sewage Planning policy encourages mains disposal of foul sewage unless such connection is not physically possible or acceptable. Given the location, mains connection is not considered possible and it is proposed to use an existing septic tank. Following the submission of additional details relating to the existing septic tank, the Environmental Health department have confirmed that there is no objection to the application. On the basis of this advice, it is considered that the proposal would provide an adequate means of foul sewage disposal without causing pollution in compliance with UDP Policy DC11. Historic Interest of the building CPAT have advised that the proposal will affect a late 18th - 19th century traditional barn which retains some features of local architectural interest including timber-framed elements. It would be unfortunate if this building is now permanently altered without a basic record of the current form and layout of the structure. Therefore it is recommended that a photographic survey of the building is carried out prior to works taking place. In order to ensure that the building is recorded prior to alteration, it is considered reasonable to attach such a condition. Impact upon public right of way IIt is noted that a Public Right of Way (Footpath 2) passes near to the building, across the access road at a distance of approximately 40 metres. The proposed alterations to the barn itself would not directly affect the route, however it is recommended that the advisory comemnts from the Countryside Services department are attached to any consent granted for information purposes. In terms of impact upon the environmental setting of the public right of way, given the distance involved between the right of way and the building the subject of the application

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together with the character of the site already being in some residential use, it is considered that the proposal would not be out of character or scale in the locality and as such the proposal would not unacceptably adversely affect the environmental setting of the public right of way as a tourist attraction in accordance with UDP Policy TR2. Conclusion Taking into account that the principle of conversion has been established by the M/2006/0057 permission, conversion to a single holiday let is considered to comply with the requirements of the first part of UDP Policy GP6 subject to the use of holiday occuoancy conditions. Subject to the receipt of the Ecologist’s advice on protected species and the use of conditions the proposal is considered to comply with the remainder of UDP Policy GP6 and other material planning considerations. The recommendation is one of conditional consent.

Recommendation

Conditional Consent 1. The development to which this permission relates shall be begun no later than the expiration of five years from the date of this permission. 2. The development shall be carried out strictly in accordance with the plans stamped as approved on xxxx (drawing no's: 359/01). 3. Notwithstanding the provisions of schedule 2, part 1 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended for Wales) (or any order revoking and re-enacting that order with or without modification), no extensions, additions, buildings, porches, chimneys etc shall be erected other than those expressly authorised by this permission and shown on plan number 359/01. 4. Prior to the occupation of the holiday unit hereby approved a plan indicating the positions, height, design, materials and type of boundary treatment to be erected shall be submitted to and approved by the local planning authority. The boundary treatment shall be completed as approved before the use is commenced. 5. Prior to first use of the holiday unit a scheme of landscaping shall be submitted to and approved in writing by the local planning authority. The scheme shall include indications of all existing trees (including spread and species) and hedgerows on the land, identify those to be retained and set out measures for their protection throughout the course of development together with proposed landscaping measures. 6. The unit hereby approved shall only be occupied as holiday accommodation and not as permanent residential accommodation. 7. The owners/operators shall maintain an up to date register of all the names of owners/occupiers of the unit and of their main home addresses. This information should be available to the planning authority on an annual basis and be maintained and retained for inspection at all reasonable hours. 8. The holiday unit shall not be occupied as a person's sole or main place of residence. 9. Any entrance gates shall be set back at least 15 metres distant from the edge of the adjoining carriageway and shall be constructed so as to be incapable of opening towards the highway and shall be retained in this position and form of construction for as long as the development hereby permitted remains in existence. 10. The gradient of the access shall be constructed so as not to exceed 1 in 15 for the first 9 metres measured from edge of the adjoining carriageway along the centre line of the access and shall be retained at this gradient for as long as the development remains in existence.

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11. The centre line of the first 9 metres of the access road measured from the edge of the adjoining carriageway shall be constructed at right angles to that edge of the said carriageway and be retained at that angle for as long as the development remains in existence. 12. Within 5 days from the implementation of this permission the access shall be constructed so that there is clear visibility from a point 1.05 metres above ground level at the centre of the access and 2.4 metres distant from the edge of the adjoining carriageway, to points 0.26 metres above ground level at the edge of the adjoining carriageway and 187 metres distant in each direction measured from the centre of the access along the edge of the adjoining carriageway and 5.5 metres distant from the edge of the adjoining carriageway and 12 metres in each direction. Nothing shall be planted, erected or allowed to grow on the area(s) of land so formed that would obstruct the visibility and the visibility shall be maintained free from obstruction for as long as the development hereby permitted remains in existence. 13. Within 5 days from the commencement of the development the area of the access to be used by vehicles is to be constructed to a minimum of 450mm depth, comprising a minimum of 250mm of sub-base material, 100mm of bituminous macadam base course material and 60mm of bituminous macadam binder course material for a distance of 15 from the edge of the adjoining carriageway. Any use of alternative materials is to be agreed in writing by the Local Planning Authority prior to the access being constructed. 14. Prior to the occupation of the holiday unit, provision shall be made within the curtilage of the site for the parking of not less than two cars per unit 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. 15. The width of the access carriageway shall be no less than 5.5 metres for a minimum distance of 11 metres along the access measured from the adjoining edge of the A490 highway. 16. A radius of 9 metres shall be provided from the carriageway of the county highway on each side of the access to the development site. 17. The centreline of any new or relocated hedge should be positioned not less than 1.0 metres to the rear of the visibility splay. 18. Development shall not begin until an appropriate photographic survey, equivalent to an English Heritage Level 1 study, of the existing building has been carried out in accordance with details to be submitted to, and approved by, the Local Planning Authority. The resulting digital photographs should be forwarded on a CD to 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 plans stamped as approved in the interests of clarity and a satisfactory development. 3. In order to control further development which has the potential to have adverse effects on the character and appearance of the building in accordance with Policy GP6 of the Powys Unitary Development Plan (2010). 4. To ensure that the proposal shall not have an unacceptable adverse effect on the character and appearance of the landscape in accordance with Policies ENV2 and GP6 of the Powys Unitary Development Plan (2010). 5. To ensure that the proposal integrates into the surrounding landscape and that ecological enhancement is provided in accordance with Policies ENV2, ENV3 and GP6 of the Powys Unitary Development Plan (2010).

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6. In order to ensure proper control of the use of the holiday unit and to prevent the establishment of permanent residency. 7. In order to ensure proper control of the use of the holiday unit and to prevent the establishment of permanent residency. 8. In order to ensure proper control of the use of the holiday unit and to prevent the establishment of permanent residency. 9. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 10. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 11. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 12. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 13. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 14. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 15. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 16. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 17. In the interests of highway safety and in accordance with the provisions of Powys UDP Policy GP1 and GP4. 18. To secure a full photographic record of the historic interest of the building prior to alteration/conversion. Notes - Advice from Contaminated Land Officer:

The development site is identified as potential contaminated land due to its former use as a barn. Due to the potential for contamination issues as a result of this historical industrial use, should any made ground and/or contamination be identified during the works it would be prudent to investigate the potential for such contamination and inform the Councils Senior Contaminated Land Officer immediately.

- A Public Right of Way - Footpath 2 - passes near to the site of the proposed development,

across the access road, but does not appear directly affected. The right of way must remain open and available for safe unimpeded public use at all times, both during development and following completion. The right of way must not be obstructed. - Advice from Wales & West Utilities: According to our mains records Wales & West Utilities has no apparatus in the area of your enquiry. However Gas pipes owned by other GT's and also privately owned may be present in this area. Information with regard to such pipes should be obtained from the owners.

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Safe digging practices, in accordance with HS(G)47, must be used to verify and establish the actual position of mains, pipes, services and other apparatus on site before any mechanical plant is used. It is your responsibility to ensure that this information is provided to all persons (either direct labour or contractors) working for you on or near gas apparatus. Please note that the plans are only valid for 28 days from the date of issue and updated plans must be requested before any work commences on site if this period has expired.

- Please see the attached guidance note on completing photo surveys. ____________________________________________________ Case Officer: Kate Bowen- Planning Officer Tel: 01938 551268 E-mail:kate.bowen@powys.gov.uk