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Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2016/0802

Grid Ref: 321162.82 243370.5

Community Council:

Clyro Valid Date: 29/07/2016

Officer: Gemma Bufton

Applicant: Powys County Council

Location: Clyro Church in Wales Primary School, Clyro, Hereford, Powys, HR3 5LE.

Proposal: Construction of a new primary school and associated works.

Application Type:

Application for Full Planning Permission

The reason for Committee determination The applicant is Powys County Council. Site Location and Description Clyro Church in Wales Primary School is located on the outskirts of Clyro’s settlement development limits. The site is located with the A438 running directly to the east of the application site and the U1413 running to the north. Agricultural land is located to the west and south. Consent is sought for the demolition of the existing primary school and construction of a new school and associated works. The proposed school is designed in three main sections. The main school/classroom area, the hall and the kitchen area, each subsequent area will measure as follows: Main school/ classroom area will measure approximately 37.7 metres in length by 21 metres in width reaching a height of approximately 5 metres. The hall will measure approximately 13.4 metres in length by 14 metres in width reaching a height of approximately 7.2 metres. The kitchen area will measure approximately 12.6 metres in length by 5.8 metres reaching a height of approximately 4.5 metres. The new school will be constructed using a mixture of materials including facing brickwork, fibre cement weatherboarding and painted render and will have a pressed metal flashing roof. Consultee Response

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Clyro Community Council- Majority voted in favour of the application. PCC - Highways (South)- No response received at the time of writing this report. PCC - Building Control- Building regulation approval will be required. Wales & West Utilities- No response received at the time of writing this report. Welsh Water- We refer to your planning consultation relating to the above site, and we can provide the following comments in respect to the proposed development. We would request that if you are minded to grant Planning Consent for the above development that the Conditions and Advisory Notes provided below are included within the consent to ensure no detriment to existing residents or the environment and to Dwr Cymru Welsh Water's assets. Sewerage Conditions No development shall commence until a drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The scheme shall provide for the disposal of foul, surface and land water, and include an assessment of the potential to dispose of surface and land water by sustainable means. Thereafter the scheme shall be implemented in accordance with the approved details prior to the occupation of the development and no further foul water, surface water and land drainage shall be allowed to connect directly or indirectly with the public sewerage system. Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment. The approved use shall not commence until an adequate grease trap has been fitted in accordance with details that have been submitted to and approved in writing by the local planning authority. Thereafter the grease trap shall be maintained so as to prevent grease entering the public sewerage system. Reason: To protect the integrity of the public sewage system and ensure the free flow of sewage.

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Advisory Notes The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. Sewage Treatment No problems are envisaged with the Waste Water Treatment Works for the treatment of domestic discharges from this site. Water Supply Dwr Cymru Welsh Water has no objection to the proposed development. 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 developer.services@dwrcymru.com

Please quote our reference number in all communications and correspondence. PCC - Environmental Health- 15th August 2016 Thank you for your emailed letter dated the 1st August 2016. The following conditions are recommended. 1. In view of the residential setting of the proposed development it is recommended that before any development commences a Construction Method Statement and Environmental Management Plan shall be submitted to and agreed in writing by the Local Planning Authority

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in respect of the control of noise and dust during the demolition, landscaping and construction phases. 2. In addition it is recommended that the demolition, landscaping and construction period working hours and delivery times be restricted as follows: All works and ancillary operations which are audible at the site boundary shall be carried out only between the following hours: 0800 - 1800 hrs Monday to Friday 0800 – 1300 hrs Saturday At no time on Sunday and Bank Holidays Deliveries to and removal of plant, equipment, machinery and waste, including soil, from the site must also only take place within the permitted hours detailed above. 3.The maximum plant noise level associated with the development to be 5dB below existing background levels at the nearest noise sensitive property.

Informatives During demolition and construction (including soil movement and landscaping activities) the contractor shall take all reasonable steps to prevent dust formation from dusty activities and any dust formed shall be prevented leaving the site by continuous watering down. In order to comply with Condition 1 regard should be had to the guidance found in BS 5228 – ‘Code of Practice for Noise and Vibration Control on Construction and Open Sites’. With respect to Condition 2 regard should be had to the provisions of section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction sites. 23rd August 2016 With respect to my letter to you dated 15th August in respect of the above application I should be grateful if you would change my recommendation 3 of the letter to the following: 3. The plant or equipment including any air conditioning, ventilation and extraction systems (‘plant’) installed or operated in connection with the carrying out of this permission shall be so enclosed and/or attenuated that the noise generated by the operation of the ‘plant’ shall not increase the background noise levels above that prevailing when the machinery is not operating. Measurements during the day time (07:00 – 23:00) expressed as LA90 [1hour], and/or during the night time (23:00 – 07:00) expressed as LA90 [5 mins] at any adjoining noise sensitive locations or premises in separate occupation. Noise measurements for the purpose of this condition shall be pursuant to BS 4142:2014.

PCC - Rights of Way- Thank you for giving Countryside Services the opportunity to comment on this application.

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Footpath CY1967 crosses through the development site. From the information available at this time it appears that the proposed new school building will not affect the line of the footpath. However, it is anticipated that there may be an impact on the path and users during construction. Please note that at no time should any public right of way be obstructed during the development process and that no materials are to be placed or stored on the line of any public right of way. Any damage caused to the surface of any public right of way must be made good to at least its current condition or better. The applicant/developer should be made aware that all public rights of way must be unobstructed, safe and available for use at all times. If the safety of the public cannot be guaranteed at all times during construction, consideration should be given to applying for a temporary closure of the footpath. This is a separate procedure for which a fee applies. The process can take a couple of months to put into place so early consultation with Countryside Services is recommended if a temporary closure is required. I understand that the current line of the footpath is obstructed. It would be welcomed if this issue could be resolved as part of this project, with the installation of a gate in the fence line between the school boundary and the neighbouring field. Countryside Services would welcome the chance to discuss this work, and clarify the location of the footpath, with the relevant person/s on site as soon as possible. PCC - Built Heritage- No response received at the time of writing this response. PCC - Contaminated Land- It is noted that the proposed development is situated on land that has made ground and fuel storage which are a potential contaminative use. In light of this, it will be necessary to condition any future consent so as to ensure that any potential contamination issues are adequately dealt with. I would recommend that the following condition and note to applicant be applied to any future consent that may be granted. Condition A Condition 1. Site Characterisation An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons (a contaminated land specialist with proven experience within the contaminated land industry) and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: • human health, • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

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• adjoining land, • groundwaters and surface waters, • ecological systems, • archaeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’ and the WLGA document ‘Development of land affected by contamination: a guide for developers’ 2012 . Item (iii) above should not be submitted until written approval has been obtained from the Local Planning Authority for items (i) & (ii). Condition 2. Submission of Remediation Scheme A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990, The Contaminated Land (Wales) Regulations 2001 in relation to the intended use of the land after remediation. The detailed remediation scheme should not be submitted until written approval for Condition 1 has been received from the Local Planning Authority. Condition 3. Implementation of Approved Remediation Scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. The verification report contents must be agreed with the Local Planning Authority before commencement of the remediation scheme. Condition 4. Reporting of Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 2, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 3. Condition 5. Long Term Monitoring and Maintenance

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A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of duration to be agreed in writing with the Local Planning Authority and the provision of reports on the same must be prepared, both of which are subject to the approval in writing of the Local Planning Authority. Within six months following the completion of the measures identified in that scheme and the achievment of the remediation objectives, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority. This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. Reason (common to all): To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors [in accordance with policy ____ of the adopted Local Plan (date)]. Note to Applicant Potential Contamination The Council’s guidance leaflet on the development of sites with potential land contamination is attached. Further advice on compliance with this condition may be obtained by contacting the Environmental Health Service on 0870 1923757. PCC – Ecologist- European Species An Ecological Appraisal report has been completed by RPS (July 2016) and submitted with the application; this generally accords with Appendix A of Powys UDP, Interim Development Control Guidance - Biodiversity (April 2009). The report involved a Phase 1 habitat survey of the site and a search of records held within 2km from the Biodiversity Information Service. A site walkover survey was completed on 25th May 2016. According to the report, various European Protected Species have previously been recorded within 2km of the site, and there is suitable habitat on site for the following: bat species, dormouse and great crested newt. Otter and White-clawed Crayfish have been recorded within 150m and 550m of the site respectively. Low numbers of bats were recorded during the survey and four species were confirmed to be commuting/foraging on the site boundaries. No roosting bats were recorded, but the provision of bat roosting features with the proposal is welcomed. The absence of Great Crested Newts has been confirmed by eDNA analysis of the two ponds, although they have been recorded in the past and localised destructive searches are therefore proposed in advance of demolition under RAMS.

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There is suitable dormouse habitat within the boundary hedgerows. While these hedgerows are to be retained, light spill from the proposals could affect use of the eastern hedgerow by both bats and dormice. UK Species In addition to the above, and according to the RPS report, various UK Protected Species have previously been recorded within 2km of the site, and there is suitable habitat on site for badgers, slow worm and red/amber-listed breeding birds. Nest sites used by breeding birds are not expected to be affected by the proposals, but could be at risk of disturbance during construction. Slow worm could be present outside of the development site. Recommendations for avoiding potential impacts on these features are provided in Section 5 of the RPS report. It is acknowledged that no nesting birds or nesting features were observed using the existing school building during the survey, but certain species such as house sparrow and house martin are prone to nesting on/in buildings and the applicant should therefore consider this prior to commencing any demolition works in the main bird nesting season (March to the end of August). Section 7 Species & Habitat The applicant should be mindful that, in accordance with Powys County Council’s duty under Section 7 of the Environment (Wales) Act 2016, TAN 5, UDP policies and biodiversity SPG, as part of the planning process PCC should ensure that there is no net loss of biodiversity or unacceptable damage to a biodiversity feature. Two mature Oak trees (concluded to have no potential bat roost features) and two smaller trees will be lost to the proposals. Neutral grassland (wildflower meadow) and two ponds are present within the site and hedgerows border it; these habitats are listed on Section 7 of the Environment (Wales) Act 2016, and hedgerows and ponds are Section 7 habitats of principal importance for the conservation of biodiversity in Wales. These habitat types appear to be outside of the construction area and should therefore be retained and protected. Should any habitat removal be required, reinstatement and/or replacement planting should be undertaken with native species of local provenance (see recommended conditions below). A Pollution Prevention Plan has been prepared for the construction works (Wilmott Dixon, 2016). See comments above regarding species. LBAP Species & Habitat Smooth and Palmate newts were recorded in the two ponds present within the site. Since these are included on Appendix 6 of the Powys LBAP as Species of Conservation Concern, I recommend that the RAMS proposed for GCNs also applies to other amphibians within the site. See comments above regarding other species and habitats.

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International Sites (within 2km)1 The Afon Gwy SAC is located 1km to the south. This site, and its mobile features, is not considered likely to be affected by the proposals. Based on the information provided a significant effect is not considered likely and it is concluded that no further HRA is required. National Sites (within 500m)2 None within 500m. The closest site is the Afon Gwy SSSI, located 1km to the south. This site is not considered likely to be affected by the proposals. Local Sites (within 500m) There are several non-statutory designated sites within 500m of the proposals site, including Plantation on Ancient Woodland Soils (80m west at the closest), Ancient Semi-natural Woodland (180m north at the closest) and Restored Ancient Woodland Sites (160m west at the closest). None of these sites are considered likely to be affected by the proposals. Summary of recommendations / further assessment or work I recommend that the need for EIA screening is confirmed as there is currently insufficient information to determine if this has already been completed or not. Although no nesting birds or nesting features were observed using the existing school building during the survey, certain species such as house sparrow and house martin are prone to nesting on/in buildings and the applicant should therefore consider this prior to commencing any demolition works in the main bird nesting season (March to the end of August). Since Smooth and Palmate Newts are included on Appendix 6 of the Powys LBAP as Species of Conservation Concern and have been confirmed at the site, I recommend that the RAMS proposed for GCNs also applies to other amphibians within the site. Recommended Conditions 1) The recommendations regarding the wildlife area, wildflower grassland, trees, boundary hedgerows, bats, dormice, other mammals, nesting birds, great crested newts and reptiles identified in Section 5 of the Ecological Report by RPS dated July 2016 shall be adhered to and implemented in full unless otherwise agreed in writing by the LPA. Reason: To comply with Powys County Council’s UDP Policies SP3, ENV2 and ENV7 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 7, July 2014), TAN 5: Nature Conservation and Planning and the NERC Act 2006. 2) A lighting design scheme to take any impacts on nocturnal wildlife into consideration shall be submitted for written LPA approval.

 

 

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Reason: To comply with Powys County Council’s UDP Policies SP3 and ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 7, July 2014), TAN 5: Nature Conservation and Planning and the NERC Act 2006. 3) Prior to commencement of development, a Biodiversity Enhancement Plan shall be submitted to the Local Planning Authority and implemented as approved and maintained thereafter unless otherwise agreed in writing with the LPA. Reason: To comply with Powys County Council’s UDP Policies SP3, ENV2, ENV3 and ENV7 in relation to The Natural Environment and to meet the requirements of TAN 5: Nature Conservation and Planning, Welsh government strategies, and the NERC Act 2006. 4) The Tree and Hedgerow Protection Plan (RPS, 2016) completed in accordance with BS:5837:2012 and submitted to the Local Planning Authority with the planning application shall be implemented and maintained throughout the construction phase of the proposals. Reason: To comply with Powys County Council’s UDP policies SP3, ENV2, ENV3 and ENV6 in relation to The Natural Environment and to meet the requirements of TAN 5: Nature Conservation and Planning, Welsh government strategies, and the NERC Act 2006. 5) Prior to commencement of development, a Species List for the Landscape Planting (including compensation for the loss of two category A mature Oak trees) shall be submitted to the Local Planning Authority and implemented as approved and maintained thereafter unless otherwise agreed in writing with the LPA. Reason: To comply with Powys County Council’s UDP Policies SP3 and ENV3 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 7, July 2014), TAN 5: Nature Conservation and Planning and the NERC Act 2006. 6) The Pollution Prevention Plan (Willmott Dixon, 2016) submitted with the application shall be implemented and maintained throughout the construction phase of the proposals. Reason: To comply with Powys County Council’s UDP Policies ENV3, ENV4, ENV5 and ENV6 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 7, July 2014), TAN 5: Nature Conservation and Planning and the NERC Act 2006. Informatives Birds - Wildlife and Countryside Act 1981 (as amended) All nesting birds, their nests, eggs and young are protected by law and it is an offence to:

intentionally kill, injure or take any wild bird intentionally take, damage or destroy the nest of any wild bird whilst it is in use

or being built intentionally take or destroy the egg of any wild bird intentionally (or recklessly in England and Wales) disturb any wild bird listed

on Schedule1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.

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The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine of up to 5,000 pounds, six months imprisonment or both. The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) to remove or work on any hedge, tree or building where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built, (usually between late February and late August or late September in the case of swifts, swallows or house martins). If a nest is discovered while work is being undertaken, all work must stop and advice sought from Natural Resources Wales and the Council's Ecologist. Bats - Wildlife & Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2010 (as amended) It is an offence for any person to:

Intentionally kill, injure or take any bats. Intentionally or recklessly damage, destroy or obstruct access to any place

that a bat uses for shelter or protection. This is taken to mean all bat roosts whether bats are present or not.

Under the Habitats Regulations it is an offence to: Damage or destroy a breeding site or resting place of any bat. This is an

absolute offence - in other words, intent or recklessness does not have to be proved.

The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2010 (as amended) that works to trees or buildings where that work involves the disturbance of a bat is an offence if a licence has not been obtained from Natural Resources Wales. If a bat is discovered while work is being undertaken, all work must stop and advice sought from Natural Resources Wales and the Council's Ecologist. You can also call the National Bat helpline on 0845 1300 228 or email enquiries@bats.org.uk Great Crested Newts – Wildlife & Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2010 (as amended) Great Crested Newts are known to have been present in the vicinity of the proposed development site. The great crested newt is fully protected under schedule 5 of the Wildlife and Countryside Act 1981 (as amended) and Schedule 2 of The Conservation of Habitats and Species Regulations 2010 (as amended). It is therefore an offence to:

Deliberately capture, injure or kill a great crested newt; Deliberately disturb an great crested newt in such a way as to be likely to

significantly affect the local distribution, abundance or the ability of any significant group of great crested newts to survive, breed, rear or nurture their young;

Damage or destroy a great crested newt breeding site or resting place; Intentionally or recklessly disturb a great crested newt; or Intentionally or recklessly obstruct access to a breeding site or resting

place.

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If a great crested newt is discovered while work is being undertaken, all work must stop and advice sought from Natural Resources Wales and the Council's Ecologist. This advice may include that a European protected species licence is sought. PCC - Land Drainage- No response received at the time of writing this report. CADW- Thank you for your e-mail of 1 August 2016 inviting our comments on the planning application for the proposed development as described above. Our statutory role in the planning process is to provide the local planning authority with an assessment concerned with the likely impact that the proposal will have on scheduled monuments, registered historic parks and gardens, registered historic landscapes where an Environmental Impact Assessment is required and development likely to have an impact on the outstanding universal value of a World Heritage Site. It is a matter for the local planning authority to then weigh our assessment against all the other material considerations in determining whether to approve planning permission, including any issues concerned with listed buildings and conservation areas. The proposed development is located some 155m northwest of scheduled monument RD203 Clyro Court chambered tomb. The monument comprises the remains of a chambered tomb, dating to the Neolithic period (c. 4,400 BC - 2,900 BC). Chambered tombs are thought to have been located in positions where they could be seen from, and allow views to, contemporary settlements, other funerary monuments and natural features. In this case, given the surrounding topography, such links would be to the southeast, south and southwest to the River Wye and the side of the valley where modern Hay on Wye is situated. The proposed development is not located in one of these identified significant views, but theoretically it could be visible in the background of views to the chambered tomb. However, views to the school site are blocked by extant buildings and vegetation, consequently we consider that the proposed development will have no impact on the setting of Clyro Court chambered tomb. The proposed development is located some 240m southwest of scheduled monument RD066 Clyro Castle. The monument comprises the remains of a motte and ditch, dating to the medieval period (c. 1066 -1540 AD). The castle was probably paired with Hay Castle to control the crossing of the River Wye and also the road route now occupied by the A438 along the north side of the Wye Valley. The significant views would therefore have been to the east-south-east towards Hay on Wye and to the northeast and south west along the A438. Theoretically the proposed development could be visible in the south-westerly view but the view to the school site is blocked by extant buildings and vegetation. Consequently, we consider that the proposed development will have no impact on the setting of Clyro Castle. Welsh Historic Gardens Trust- No response received at the time of writing this response.

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National Resources Wales- Construction of a new primary school and associated works Clyro Church in Wales Primary School, Clyro, Hereford Thank you for referring the above consultation received by us on 31st July 2016 We recommend that you should only grant planning permission if you attach the following conditions. These conditions would address significant concerns that we have identified and we would not object provided you attach them to the planning permission. Summary of Conditions: Condition 1: The submission and implementation of detailed great crested newt avoidance and mitigation measures. This to include detail of exclusion and barrier fencing; Condition 2: The submission and implementation of long term conservation proposals for great crested newts, this to include habitat management and surveillance. Condition 3: The inclusion of a planning condition to any planning permission that prevents the commencement of development works until your authority has been provided with a licence (for EPS great crested newts) that has been issued to the applicant by Natural Resources Wales pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations (2010) authorizing the specified activity/development to ahead, or Natural Resources Wales has informed the applicant that such a licence is not required Condition 4: The safeguard and protection of hedgerows during and post construction Condition 5: Any clearance of scrub or shrubby areas within the site should be timed to avoid the breeding and hibernation periods for dormice. Condition 6: The submission of an external and internal spillage lighting scheme to the satisfaction of the LPA Condition 7: The submission and implementation of a Biosecurity Risk Assessment to the satisfaction of the LPA. Condition 8: The submission and implementation of an approved ecological compliance audit (ECA) scheme to the satisfaction of the LPA. European Protected Species We have reviewed Kelly, G. (2016) 160607 JER6824 GK Powys Schools – Clyro Ecological Assessment. RPS . Unpublished. and considered it in the context of Regulations 9(3) of the Conservation of Habitats and Species Regulations 2010 (as amended) which requires public bodies in exercise of their functions, to have regard to the provisions of the 1992 ‘Habitats’ Directive (92/43/EEC) and the 2009 ‘Birds’ Directive Birds’ Directive (2009/147/EC) so far that they might be affected by those functions.

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We have commented regarding European protected species, great crested newts, dormouse and bats. The LPA is the lead in respect of assessing impacts on reptiles and birds.

Great Crested Newts As stated in paragraph 4.6.3, the application site is understood to have supported an extent small population of great crested newts. Surveys carried out to inform the planning decision making process were carried out on the 24 May 2016 and subsequent collection of water samples for eDNA analysis on 9th June 2016. We consider that survey is not satisfactory for the purposes of demonstrating absence of the species. In our view, the overall proposal has the potential to cause disturbance to great crested newts and/or loss or damage to their resting places. Great crested newts (GCN) and their breeding and resting places are protected under the Conservation of Habitats and Species Regulations 2010 (as amended) and they are classed as a material consideration for planning under the provisions of Technical Advice Note 5: Nature Conservation and Planning (TAN5). The Regulations allow the approval of a scheme that would be likely to result in disturbance or harm to GCN, but only if it satisfies an appropriate Habitats Directive derogation purpose and two tests before a licence can be issued from Natural Resources Wales In the case of development, the applicable derogation purpose is:

“Preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature, and beneficial consequences of primary importance for the environment.”

Furthermore, the licence can only be issued by NRW on condition that there is: “no satisfactory alternative”, and that

“the development will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range”

Paragraph 6.3.7 of TAN5 states that your Authority should not grant planning permission without having satisfied itself that the proposed scheme either would not impact adversely on any GCNs on the site or that, in its opinion, all three conditions for the eventual grant of a licence are likely to be satisfied. We consider that it is possible that the species utilizes the site for foraging, dispersal or sheltering purposes. In our view, we consider that construction of the proposal may have the potential to adversely affect GCN. Information requirements include details concerning the clearance of individuals from working areas during construction together with long term conservation proposals We consider that the proposal will not be detrimental to the maintenance of the favourable conservation status of the local population of great crested newts, provided any subsequent

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consent is subject to the imposition of the following planning conditions or obligations (such as a Section 106 Agreement or a unilateral undertaking): Condition 1: The submission and implementation of detailed great crested newt avoidance and mitigation measures. This to include detail of exclusion and barrier fencing. Condition 2: The submission and implementation of long term conservation proposals. This to include habitat management and surveillance. Condition 3: The inclusion of a planning condition to any planning permission that prevents the commencement of development works until your authority has 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) authorizing the specified activity/development to ahead, or Natural Resources Wales has informed the applicant that such a licence is not required. This advice applies to the proposal in its present form. If the plans are changed in ways that may affect GCN on this site, you would need a revised ecology report that takes account of such changes. Please consult us again if any updated or revised ecology report concludes that the proposal is more likely to have an adverse impact on the GCN population and/or alters the detail or implementation of mitigation or compensation measures. Please also note that any changes to plans between planning consent and the licence application may affect the outcome of a licence application.

Dormouse We consider the submitted assessment in respect of dormouse to be appropriate and proportionate for the purposes of informing the planning decision making process. We concur with the submitted assessment in respect of dormouse. Section 5.3.7 states that the protection of hedgerows from direct and indirect disturbance would avoid impacts on dormouse and maintain continuous suitable habitat on site boundaries. We concur with this conclusion. We therefore concur with the proposed protection of hedgerows and lighting design should be designed to minimise the effect on hedgerows. There is also potential for dormice to range into any scrub or shrubby areas within the site. Dormice and their breeding sites and resting places are protected under the Conservation of Habitats and Species Regulations 2010 (as amended). Any development that would contravene the protection afforded to dormice under the Regulations would require a derogation licence from Natural Resources Wales. A licence may only be authorised if:

i. There is no satisfactory alternative and ii. 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. In addition,

iii. The development works to be authorised must be for the purposes 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.

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Paragraph 6.3.7 of Technical Advice Note 5: Nature Conservation and Planning (TAN5) states that your Authority should not grant planning permission without having satisfied itself that the proposed development either would not impact adversely on any dormice on the site or that, in its opinion, all three conditions for the eventual grant of a licence are likely to be satisfied. Subject to implementation of the following avoidance measures, we do not consider that the proposal is likely to harm or disturb the dormice or their breeding sites and resting places at this site and, therefore, is not likely to be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in its natural range: Condition 4: The safeguard and protection of hedgerows during and post construction; Condition 5: Any clearance of scrub or shrubby areas within the site should be timed to avoid the breeding and hibernation periods for dormice. Condition 6: The submission of an external and internal spillage lighting scheme to the satisfaction of the LPA Therefore, we do not object to the proposal, subject to all avoidance measures described above being set out in a method statement and secured through the inclusion of suitable planning conditions and/or a Section 106 agreement. This advice applies to the proposal in its present form. Please consult us again if the plans are changed in ways that may harm or disturb the dormice or their breeding sites and resting places at this site.

Bats The application site has been subject to survey and assessment in respect of bats. We consider the survey and assessment in respect of bats to have been carried out to a satisfactory standard. The proposal is not likely to be detrimental to the maintenance of the favourable conservation status of any local populations of bat. Biosecurity We consider biosecurity to be a material consideration owing to the nature and location of the proposal. In this case, biosecurity issues concern invasive non-native species (INNS) and diseases. We therefore advise that any consent includes the imposition of a condition requiring the submission and implementation of a Biosecurity Risk Assessment to the satisfaction of the LPA. We consider that this assessment must include

(i) appropriate measures to control any INNS on site; and (ii) measures or actions that aim to prevent INNS

being introduced to the site for the duration of construction and operational phases of the scheme.

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Condition 7: The submission and implementation of a Biosecurity Risk Assessment to the satisfaction of the LPA. Ecological Compliance Audit We advise that any future consent includes the imposition of a condition that requires the submission and implementation of an approved ecological compliance audit (ECA) scheme to the satisfaction of the LPA. The purpose of the Ecological Compliance Audit is to evidence compliant implementation of all ecological avoidance, mitigation and compensation works, either proposed or subject to the provisions of reserved matters conditions. The Audit shall identify Key Performance Indicators (KPIs) that are to be used for the purposes of assessing and evidence compliance. Condition 8: The submission and implementation of an approved ecological compliance audit (ECA) scheme to the satisfaction of the LPA. Pollution Prevention The proposal site is just over 1 km from the River Wye SAC and there do not appear to be any watercourses either in the school grounds or with connectivity to the SAC. It would be advisable to follow pollution prevention guidelines that are still applicable in Wales and can be found on the netregs website at the following link http://www.netregs.org.uk/pdf/PPG%205%20-%20Oct%202007%20-%20replaces%20PPG%2023.pdf Foul Drainage The site is 86m from the nearest foul sewer according to our records. We note that paragraph 12.2.4 of the FCA/ Drainage Strategy stated that ‘foul drainage from the site is proposed to drain via gravity to the existing combined system’. When connecting to the public sewerage system, Dwr Cymru / Welsh Water should be consulted on the proposals and be requested to confirm that the sewerage and sewage disposal system serving the development has sufficient capacity to accommodate the additional flows generated as a result of the development. This is to ensure that the development does not cause pollution of the water environment or potential deterioration in the Water Framework Directive classification. Wherever practicable, Sustainable Urban Drainage Systems (SUDS) should be incorporated into the design with the reserved matters application. NRW should be re-consulted if connection for the foul sewer is not feasible. Flood Risk and Surface Water The application site lies entirely within Zone A – considered to be at little or no risk of fluvial or coastal / tidal flooding - as defined by the Development Advice Map (DAM) referred to under Technical Advice Note 15: Development and Flood Risk (TAN15) (July 2004).

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The proposal should be subject to further consideration by the LLFA and the applicant’s consultant to establish that if any surface water drainage from this site is to be discharged to a watercourse, ditch or culvert (excluding statutory main rivers) then that such discharge will not cause or exacerbate any flooding in this catchment. The method of surface water drainage appears to be unconfirmed at present. The written consent of NRW or registration for exemption by the developer will be required for any discharge e.g. foul drainage to a watercourse/ditch etc, from the site and may also be required for certain categories of discharges to land. All necessary NRW consents, or exemptions must be obtained prior to works progressing on site. Landscape - Middle Wye Valley Landscape of Outstanding Historic Interest The present school building is located within the Middle Wye Valley Landscape of Outstanding Historic Interest. From the Design and Access Statement we understand that the site is screened from the A438 due to surrounding trees and hedgerows. The new school will have a larger footprint than the current building although there will not be a significant difference in height. Therefore we do not object on landscape grounds. Scope of NRW Comments Our comments above only relate specifically to matters that are included on our checklist “Natural Resources Wales and Planning Consultations” (March 2015) which is published on our website: (https://naturalresources.wales/planning-and-development/planning-and-development/?lang=en). We have not considered potential effects on other matters and do not rule out the potential for the proposed development to affect other interests, including environmental interests of local importance. The applicant should be advised that, in addition to planning permission, it is their responsibility to ensure that they secure all other permits/consents relevant to their development. Open Spaces Society- No response received at the time of writing this report. Powys Ramblers Association- Thank you for the opportunity to comment on this application. The design and access statement does not make any reference to the right of way that crosses the development site. Neither is it shown on the location plan. The Council, as the applicant, should provide information on its plans for preserving, diverting or extinguishing this ROW before the application is considered. On receipt of such information will be able to comment but, in the meantime, we cannot support this application without it. Disability Powys- No response received at the time of writing this report.

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PCC- Schools- No response received at the time of writing this report. PCC – Countryside and Outdoor Recreation- Countryside and Outdoor Recreation will not seek any planning gain contribution, as the school will be providing the play faciltiies required. Representations

No letters of public representatives have been received at the time of writing this report. Planning History P/2012/1245- Full: Installation of a mobile classroom. Conditional consent. P/2011/1296- Full: Development of a pirate theme playground. Conditional consent. P/2008/1402- Full: Deemed: Siting of mobile unit for staff accommodation and external works. Conditional Consent. P/2008/1577- Conversion of window into double doors and external platform. Conditional Consent.

Principal Planning Constraints

Public Right of Way Historic Landscapes Register Outstanding Principal Planning Policies National Planning Policy - Planning Policy Wales (Edition 8, 2016) - Technical Advice Note 5: Nature, Conservation and Planning (2009) - Technical Advice Note 11: Noise (1997) - Technical Advice Note 12: Design (2016) - Technical Advice Note 15: Development and Flood Risk (2004) - Technical Advice Note 16: Sport, Recreation and Open Space (2009) - Technical Advice Note 18: Transport (2007) - Technical Advice Note 23: Economic Development (2014) - Welsh Office Circular 60/96: Planning and the Historic Environment: Archaeology - Welsh Officer Circular 61/96: Planning and the Historic Environment: Historic Buildings and Conservation Areas Local Planning Policies SP2- Strategic Settlement Hierarchy SP3- Natural, Historic and Built Heritage

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SP9- Local Community Services and Facilities GP1 - Development Control GP3- Design and Energy Conservation GP4- Highway and Parking Requirements ENV2- Safeguarding the Landscape ENV3- Safeguarding Biodiversity and Natural Habitats ENV4- Internationally Important Sites ENV5- Nationally Important Sites ENV6- Sites of Regional and Local Importance ENV7- Protected Species ENV16-Landscapes, Parks and Gardens of Special Historic Interest ENV17- Ancient Monuments and Archaelogical Sites CS4- Shared Use of Educational Premises for Community Purposes CS5- Educational Developments RL6 - Rights of Way and Access to the Countryside DC1 - Access by Disabled Persons DC10- Mains Sewage Treatment DC13- Surface Water Drainage DC14- Flood Prevention Measures DC15- Development on Unstable or Contaminated Land RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement Officer Appraisal Section 38 (6) of the Planning and Compulsory Purchase Act 2004 Members are advised to consider this application in accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, which requires that, if regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise. Principle of Development Policy CS5 of the Unitary Development Plan (UDP) seeks to ensure that proposals for the extension or improvement of existing schools or the provision of new facilities will be supported where located in accordance with the sustainable strategic settlement hierarchy. Clyro under the UDP is classified as a large village. It contains a few key facilities but does not provide a full range. It is noted that consent is sought for the demolition of the existing primary school and construction of a new school within the grounds of the application site. Given the scale of the settlement and its sustainable location, it is considered that the principle of the proposed development fundamentally complies with relevant planning policy. Design and External Appearance

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With respect to design and appearance, specific reference is made to UDP policy GP1. The respective policy indicates that development proposals will only be permitted where the design, scale, mass and materials used complement and wherever possible enhance the character and appearance of the surrounding area. The existing school is currently single storey in construction with external brown brickwork and a concrete tile roof. Consent is sought to demolish the existing school and construct a new school predominately upon the footprint of the existing school. The proposed school will be constructed in three main sections, the first section is the main classroom, the second the school hall area and the third the kitchen area. The new school will be constructed using a mixture of materials to reduce and assimilate the overall design of the school into the surrounding area. The tallest of the buildings will measure approximately 7.2 metres in height. It is considered that the design of the proposed new school has taken into consideration the character and appearance of the surrounding area and has been designed to reduce any visual impact on the surrounding area. The design and materials proposed are considered to comply with relevant planning policy. Demolition of Existing School Consent is sought for the full demolition of the existing school. It is considered that the existing school which is single storey in design and constructed out of facing brickworks with the concrete tile roof is of no special architectural and/or historic interest or local vernacular character. It is therefore considered that the existing schools demolition would not be seen as having an unacceptable impact to the character and appearance of the surrounding area or result in the loss of a building of any architectural/ historical significance. The proposed demolition is therefore considered to comply with relevant planning policy. Highway A safe access and parking is a fundamental requirement of any development. It is noted that a new car parking/dropping off area will be constructed as part of the development providing 55 spaces as opposed to the 14 currently existing. The Highway Authority has been consulted but unfortunately no response has been received to date. It is hoped that the Highway Authority response will be secured shortly and included within an update report. Biodiversity An ecological appraisal report was undertaken by RPS Planning and Development dated July 2016. It was noted that the primary school is located approximately 1km west of the River Wye SAC. NRW and the Powys Ecologist were consulted on the proposed development and commented as follows: Great Crested Newts:

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The survey highlighted that the application site is understood to have supported an extent small population of great crested newts. NRW have confirmed that contrary to the guidance contained within the survey that they believe that the proposed development has the potential to cause disturbance to great crested newts and/or loss or damage to their resting places. NRW have however considered that the proposal would not be detrimental to the maintenance of the favourable conservation status of the local population of great crested newts provided any subsequent consent is subject to the imposition of the recommended planning conditions which would secure the following:

- Submission and implementation of details great crested newt avoidance and mitigation measures

- Submission and implementation of long term conservation proposals Dormouse: An assessment in respect of dormouse was conducted and it was noted that there is a local dormouse population within 1km of the site. It is noted that the proposed development proposes to retain the boundary hedgerows. NRW have confirmed that subject to the implementation of the avoidance measures they do not consider that the proposal is likely to harm or disturb the dormice or their breeding and resting places at this site and therefore is not likely to be detrimental to the maintenance of the population of species concerned at a favourable conservation status in its natural range. The recommended conditions would therefore secure the following:

- Safeguard and protect hedgerow during and post construction - Any clearance of scrub/ shrubbery areas within the site to be timed to avoid the

breeding and hibernation periods for dormice - Submission of an external and internal spillage lighting scheme

Bats: Consent is sought for the demolition of the existing school. A building inspection found no cavity features that could be used for roosting bats and the dusk surveys around the buildings confirmed that no bats emerged from the school buildings. NRW have confirmed that the survey and assessment in respect of bats has been carried out to a satisfactory standard. It is therefore confirmed that the proposal is not likely to be detrimental to the maintenance of the favourable conservation status of any local populations of bats. SSSI and SAC: The Afon Gwy SAC and SSSI are located approximately 1km to the south of the application. The site and its mobile features it was concluded by the Powys Ecologist are not considered likely to be affected by the proposals. The Ecologist therefore concluded that no further HRA is required. Conclusion:

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In light of the above and subject to the recommended conditions and subject to the applicant securing an EPS license prior to the commencement of development it is considered that the proposed development can be managed to an acceptable level and therefore fundamentally complying with relevant planning policy. Cadw The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application. Where nationally important archaeological remains and their setting 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.

Clyro Court Chambered Tomb scheduled ancient monument (RD203) is located approximately 155 metres southeast of the application site, whilst Clyro Castle scheduled ancient monument (RD066) is located approximately 240 metres to the north east of the application site. Cadw have been consulted with regards to the setting of scheduled ancient monuments and registered historic landscapes. Cadw have considered the location of the proposed development and any associated significant views from the above and do not consider that the proposed development would have an impact on the setting of Clyro Court chambered tomb or Clyro Castle. In light of the above it is considered that the proposed development would not unacceptably affect the site or setting of a scheduled ancient monument and therefore the proposed development fundamentally complies with relevant planning policy. Contaminated Land It is noted that the application site is located on land which formerly made ground and fuel storage which are potential contaminative uses. The Contaminated Land officer has been consulted and has recommended conditions to ensure that any potential contamination issues are adequately dealt with. Subject to the recommended conditions it is therefore considered that contamination can be managed to an acceptable level. Noise The application site is located within close proximity to a number of residential properties. Environmental Health Services have been consulted and have recommended that a number of conditions be attached to any grant of consent these would include the following:

- Submission of a construction method statement and environmental management plan to control noise and dust during the demolition, landscaping and construction phases

- Hours of works (demolition, landscaping and construction period) - Level of noise associated with the development

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Subject to the recommended conditions it is considered that noise and dust can be managed to an acceptable level. Public Right of Way Footpath CY1967 crosses through the development site. The Countryside Services have been consulted and have noted that it appears that the proposed new school building would not affect the line of the footpath. Countryside Services therefore has no objection to the proposed development and recommends that an informative is attached to any grant of consent.

RECOMMENDATION

In light of the above, the proposed development is considered to fundamentally comply with relevant planning policy. Subject to a satisfactory response being received from the Highway Authority the recommendation is one of conditional consent. Conditions 1. The development to which this permission relates shall be begun no later than the expiration of five years from the date of this permission. 2. The development shall be carried out strictly in accordance with the plans stamped as approved on XXXX (drawing no's: ). 3. Prior to the construction of the building hereby approved details and/or samples of the materials to be used in the construction of the external surfaces of the building shall be submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details. 4. Prior to the commencement of development a drainage scheme for the site shall be submitted to and approved in writing by the local planning authority. The scheme shall provide for the disposal of foul, surface and land water, and include an assessment of the potential to dispose of surface and land water by sustainable means. Thereafter the scheme shall be implemented in accordance with the approved details prior to the first use of the application building. 5. Prior to the commencement of development details of a grease trap to be fitted to prevent any grease entering the public sewerage system shall be submitted to and approved in writing by the Local Planning Authority. Development thereafter must be completed in full accordance with the details as approved. 6. Prior to the commencement of development a Construction Method Statement and Environmental Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The schemes should include details on the control of noise and dust during the demolition, landscaping and construction phases. Development thereafter shall be completed in full accordance with the details as approved. 7. No machinery shall be operated, no process shall be carried out (including demolition, landscaping and construction) and no deliveries taken at or despatched from the application site outside the following times 0800-1800 hrs Monday to Friday, 0800-1300hrs Saturday at no time on Sundays, Bank or Public Holidays. 8. The plant or equipment including any air conditioning, ventilation and extraction systems (‘plant’) installed or operated in connection with the carrying out of this permission shall be so enclosed and/or attenuated that the noise generated by the operation of the

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‘plant’ shall not increase the background noise levels above that prevailing when the machinery is not operating. Measurements during the day time (07:00 – 23:00) expressed as LA90 [1hour], and/or during the night time (23:00 – 07:00) expressed as LA90 [5 mins] at any adjoining noise sensitive locations or premises in separate occupation. Noise measurements for the purpose of this condition shall be pursuant to BS 4142:2014. 9. Prior to the commencement of development, an investigation and risk assessment, shall be undertaken to assess the nature and extent of any contamination within the application site. The contents of the contamination report shall be submitted to and approved in writing by the Local Planning Authority. The contamination report must include: (i) A survey of the extent, scale and nature of contamination; (ii) An assessment of the potential risks to (a) Human health (b) Property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes (c) Adjoining land (d) Groundwaters and surface waters (e) Ecological systems (f) Archaeological sites and ancient monuments (iii) A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment. 10. The approved remediation scheme shall be fully implemented as approved prior to the commencement of development, unless otherwise agreed in writing by the Local Planning Authority. Upon the completion of the remediation scheme a verification report (validation report) that demonstrates the effectiveness of the remediation undertaken shall be submitted to and approved in writing by the Local Planning Authority. 11. In the event that contamination is found at any time when carrying out the approved development that was not previously identified, development works shall cease immediately. An investigation and risk assessment, remediate implementation shall be undertaken in accordance with the requirements detailed within the contamination conditions attached to this grant of consent. 12. Prior to the commencement of development, a Contamination Monitoring and Maintenance Method Statement for the application site shall be submitted to and approved in writing by the Local Planning Authority. The Contamination Monitoring and Maintenance Method Statement shall be implemented as approved, unless otherwise agreed in writing by the Local Planning Authority. 13. Development must be completed in full accordance with the recommendations identified in Section 5 of the Ecological Report by RPS dated July 2016 and shall be implemented in full prior to the first use of the building unless otherwise agreed in writing by the Local Planning Authority. 14. Prior to the first installation of a lighting design scheme to take into consideration any impact on nocturnal wildlife shall be submitted to and approved in writing by the Local Planning Authority. Development thereafter must be completed in full accordance with the details as approved. 15. Prior to the commencement of development, a Biodiversity Enhancement Plan shall be submitted to and approved in writing by the Local Planning Authority. Development thereafter must be completed in full accordance with the details as approved. 16. The Tree and Hedgerow Protection Plan (RPS, 2016) completed in accordance with BS:5837:2012 and submitted to the Local Planning Authority with the planning application shall be implemented and maintained throughout the construction phases of the proposals. 17. Prior to the commencement of development, a species list for the landscape planting (including compensation for the loss of two category A mature Oak trees) shall be submitted to the Local Planning Authority and implemented as approved and maintained thereafter unless otherwise agreed in writing by the Local Planning Authority.

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18. The Pollution Prevention Plan (Willmott Dixon, 2016) submitted with the application shall be implemented and maintained throughout the construction phase of the proposed development. 19. Prior to the commencement of development the submission and implementation of a detailed great crested newt avoidance and mitigation measures shall be submitted to and approved in writing by the Local Planning Authority. This is to include details of exclusion and barrier fencing and a long term conservation proposal and habitat management and surveillance. Development thereafter must be completed in full accordance with the details as approved. 20. Prior to the commencement of any of the works identified has having impact on biodiversity a Biosecurity Risk Assessment and implementation scheme shall be submitted to and approved in writing by the Local Planning Authority. Development thereafter must be completed in full accordance with the details as approved. 21. Prior to the commencement of any of the works identified as having an impact on biodiversity an ecological compliance audit (ECA) scheme and implementation scheme shall be submitted to and approved in writing by the Local Planning Authority. Development thereafter must be completed in full accordance with the details as approved. 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 the interests of the visual amenity of the area and to ensure the satisfactory appearance of the building in accordance with policies GP1 and GP3 of the Powys Unitary Development Plan and the Councils Residential Design Guide. 4. To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment in accordance with policy DC10 and DC13 of the Unitary Development Plan and Planning Policy Wales (March 2010). 5. To protect the integrity of the public sewage system and ensure the free flow of sewage in accordance with policy DC10 of the Unitary Development Plan and Planning Policy Wales (Edition 8, 2016) 6. In the interests of public amenity in accordance with policy GP1 of the Unitary Development Plan, Planning Policy Wales (Edition 8, 2016 and Technical Advice Note 11: Noise (1997). 7. To safeguard the amenities of the locality in accordance with policy GP1 of the Powys Unitary Development Plan, Planning Policy Wales (Edition 8, 2016) and Technical Advice Note 11: Noise. 8. To safeguard the amenities of the locality in accordance with policy GP1 of the Powys Unitary Development Plan, Planning Policy Wales (Edition 8, 2016) and Technical Advice Note 11: Noise. 9. In order to manage the risk of contamination to an acceptable level, in accordance with guidance contained within policy DC15 of the Powys Unitary Development Plan (March 2010) and Planning Policy Wales (Edition 8, 2016). 10. In order to manage the risk of contamination to an acceptable level, in accordance with guidance contained within policy DC15 of the Powys Unitary Development Plan (March 2010) and Planning Policy Wales (Edition 8, 2016).

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11. In order to manage the risk of contamination to an acceptable level, in accordance with guidance contained within policy DC15 of the Powys Unitary Development Plan (March 2010) and Planning Policy Wales (Edition 8, 2016). 12. In order to manage the risk of contamination to an acceptable level, in accordance with guidance contained within policy DC15 of the Powys Unitary Development Plan (March 2010) and Planning Policy Wales (Edition 8, 2016). 13. To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and to comply with Powys County Council's UDP Policies SP3, ENV2, ENV3 and ENV7 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016), TAN 5: Nature Conservation and Planning and the NERC Act 2006. 14. To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and to comply with Powys County Council's UDP Policies SP3, ENV2, ENV3 and ENV7 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016), TAN 5: Nature Conservation and Planning and the NERC Act 2006. 15. To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and to comply with Powys County Council's UDP Policies SP3, ENV2, ENV3 and ENV7 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016), TAN 5: Nature Conservation and Planning and the NERC Act 2006. 16. To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and to comply with Powys County Council's UDP Policies SP3, ENV2, ENV3 and ENV7 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016), TAN 5: Nature Conservation and Planning and the NERC Act 2006. 17. To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and to comply with Powys County Council's UDP Policies SP3, ENV2, ENV3 and ENV7 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016), TAN 5: Nature Conservation and Planning and the NERC Act 2006. 18. To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and to comply with Powys County Council's UDP Policies SP3, ENV2, ENV3 and ENV7 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016), TAN 5: Nature Conservation and Planning and the NERC Act 2006. 19. To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and to comply with Powys County Council's UDP Policies SP3, ENV2, ENV3 and ENV7 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016), TAN 5: Nature Conservation and Planning and the NERC Act 2006. 20. To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations

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2010 (as amended) and to comply with Powys County Council's UDP Policies SP3, ENV2, ENV3 and ENV7 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016), TAN 5: Nature Conservation and Planning and the NERC Act 2006. 21. To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (as amended) and to comply with Powys County Council's UDP Policies SP3, ENV2, ENV3 and ENV7 in relation to The Natural Environment and to meet the requirements of Planning Policy Wales (Edition 8, July 2016), TAN 5: Nature Conservation and Planning and the NERC Act 2006. Informative Notes Welsh Water Advisory Notes The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. Environmental Health During demolition and construction (including soil movement and landscaping activities) the contractor shall take all reasonable steps to prevent dust formation from dusty activities and any dust formed shall be prevented leaving the site by continuous watering down. In order to comply with Condition 1 regard should be had to the guidance found in BS 5228 – ‘Code of Practice for Noise and Vibration Control on Construction and Open Sites’. With respect to Condition 2 regard should be had to the provisions of section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction sites. Public Right of Way Please note that at no time should any public right of way be obstructed during the development process and that no materials are to be placed or stored on the line of any

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public right of way. Any damage caused to the surface of any public right of way must be made good to at least its current condition or better. If the safety of the public cannot be guaranteed at all times during construction, consideration should be given to applying for a temporary closure of the footpath. This is a separate procedure for which a fee applies. It is noted that the current line of the footpath is obstructed and Countryside Services would welcome the chance to discuss this work, and clarify the location of the footpath with the relevant person/s on site as soon as possible. Potential Contamination The Council’s guidance leaflet on the development of sites with potential land contamination is attached. Further advice on compliance with this condition may be obtained by contacting the Environmental Health Service on 08701923757. Biodiversity Birds - Wildlife and Countryside Act 1981 (as amended) All nesting birds, their nests, eggs and young are protected by law and it is an offence to:

intentionally kill, injure or take any wild bird intentionally take, damage or destroy the nest of any wild bird whilst it is in use

or being built intentionally take or destroy the egg of any wild bird intentionally (or recklessly in England and Wales) disturb any wild bird listed

on Schedule1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.

The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine of up to 5,000 pounds, six months imprisonment or both. The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) to remove or work on any hedge, tree or building where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built, (usually between late February and late August or late September in the case of swifts, swallows or house martins). If a nest is discovered while work is being undertaken, all work must stop and advice sought from Natural Resources Wales and the Council's Ecologist. Bats - Wildlife & Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2010 (as amended) It is an offence for any person to:

Intentionally kill, injure or take any bats. Intentionally or recklessly damage, destroy or obstruct access to any place

that a bat uses for shelter or protection. This is taken to mean all bat roosts whether bats are present or not.

Under the Habitats Regulations it is an offence to:

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Damage or destroy a breeding site or resting place of any bat. This is an absolute offence - in other words, intent or recklessness does not have to be proved.

The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2010 (as amended) that works to trees or buildings where that work involves the disturbance of a bat is an offence if a licence has not been obtained from Natural Resources Wales. If a bat is discovered while work is being undertaken, all work must stop and advice sought from Natural Resources Wales and the Council's Ecologist. You can also call the National Bat helpline on 0845 1300 228 or email enquiries@bats.org.uk. Great Crested Newts – Wildlife & Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations 2010 (as amended) Great Crested Newts are known to have been present in the vicinity of the proposed development site. The great crested newt is fully protected under schedule 5 of the Wildlife and Countryside Act 1981 (as amended) and Schedule 2 of The Conservation of Habitats and Species Regulations 2010 (as amended). It is therefore an offence to:

Deliberately capture, injure or kill a great crested newt; Deliberately disturb an great crested newt in such a way as to be likely to

significantly affect the local distribution, abundance or the ability of any significant group of great crested newts to survive, breed, rear or nurture their young;

Damage or destroy a great crested newt breeding site or resting place; Intentionally or recklessly disturb a great crested newt; or Intentionally or recklessly obstruct access to a breeding site or resting

place. If a great crested newt is discovered while work is being undertaken, all work must stop and advice sought from Natural Resources Wales and the Council's Ecologist. This advice may include that a European protected species licence is sought. ____________________________________________________ Case Officer: Gemma Bufton- Principal Planning Officer Tel: 01597 827505 E-mail:gemma.bufton1@powys.gov.uk