I n d e x - A r e a W e s t

Applications Recommended For Approval

CONSULTATIONS

Head of Transport - No observations to make on the proposal

Llanfihangel ar Arth Community Council - No objections to the application

Local Member - County Councillor Mrs F M Jones as a Nominated Substitute for the Planning Committee has not made any prior comment on the application.

Environment Agency - Required that the applicants submit a limited flood consequences assessment. This has now been submitted in letter form as supporting information, and is acceptable to the Environment Agency. Therefore the Agency has no in principle objection to the proposed scheme, as it is an 'excavation only' formation and that all surplus materials will not be deposited on the flood plain. The Agency has no objection to the proposal and provides advisory notes. There are issues of Health & Safety that the developer needs to put in place in the event of flooding.

Countryside Council for Wales - The application site is adjacent to the Afon Teifi Site of Special Scientific Interest and Special Area of Conservation, where the nature conservation interest is a matter of international and national policy or legislation requiring protection from damage and deterioration, with their important features conserved by appropriate management. No objection in principle to the proposal subject to the imposition of a condition protecting the existing riverbank on the south side of the Teifi.

Ceredigion County Council - No observations received to date.

Neighbours/ Public - The occupiers of twenty four neighbouring properties have been notified of the application and a public notice was posted in the vicinity of the application site. One response was received indicating no observations, with two responses indicating no objection, one if no increased flooding. Four letters of concern and objection have been received, the grounds being:

· The application site is in a flood plain and concerns are that the proposed lake will have an effect on the increased likelihood of incidents of flooding that may effect residential properties.

· The proposal will have a detrimental effect on the privacy of residential properties that have their private rear gardens backing onto the other side of the river bank.

· The increase incidents of noise nuisance from instruction being given to canoeists on the lake will adversely effect neighbouring residential properties.

· The likelihood of increased noise from campers that use the field where the lake is to be formed when events are held by the Canoe Centre. The only alternative land is closer to the residential properties.

· Noise and nuisance from the construction project in forming the lake, if approved.

· Disturbance of wildlife in the vicinity.

RELEVANT PLANNING HISTORY

There is no relevant planning history on the application site.

APPRAISAL

This application was placed before the Planning Committee on the 7^th June 2007, when it was withdrawn from consideration due to procedural issues. Those issues have now been resolved and the application was again placed before the Planning Committee on the 28^th June 2007 for consideration with a recommendation for approval. At that meeting it was resolved to defer consideration of the application to enable officers to investigate further members' concern in respect of contamination of the lake waters at times of flood.

Officers did initially contact Welsh Water who indicated that without a detailed understanding of the characteristics of the flood zone and associated flood risk, they are unable to comment and suggest contact the Environment Agency. The Agency and the Council's Head of Public Protection were subsequently contacted for their observations. To date no response has been received from the Environment Agency. The Head of Public Protection has been most helpful on this issue. He advised that water quality in the lake would have to be tested as a matter of routine by the person in control of the canoe training facility, to ensure that a duty of care to maintain health & safety is applied to those receiving instruction, employees and other persons visiting the premises and coming into contact with the water.

The impounded water in the lake would have relatively low levels of bacteria and algae, which occur naturally and would be similar to those levels found in other lakes locally, but because the canoeing lake is used for recreational purposes, the person in control of the canoe training facility would have to ensure that they do not increase to a level that would be prejudicial to the health of the users.

If the lake became flooded by the river or as a result of an overflow from the sewerage pumping station, then it is likely that the water would be heavily contaminated. The person in control of the canoe training facility would be responsible for the prohibition of canoeing until such time as the water became fit for recreational use. A sampling regime implemented by the operator, would provide evidence of the level of contamination and how the water was improving after the incident.

The Head of Public Protection advises that Council Officers have powers they can use to control the use of the lake under the provisions of the Health and Safety at Work etc. Act 1974 and the Environmental Protection Act 1990.

THE SITE

The application site is an existing meadow located on the southern flank of the Afon Teifi immediately south of the town of Llandysul and immediately west of Pontwelly. The field has an irregular triangular shape that has its northern boundary along the river and its western and southern boundaries are shared with other fields that are in separate ownership. Access to the field is along an existing access lane that is shared with an existing sewerage pumping station and existing farm buildings located beyond the south western corner of the site. This access is via a no through road that currently serves three commercial enterprises and a fire station and then onto the B4336 Pontwelly to Llanllwni road approximately 30 metres south of its junction with the A486. The site is relatively level and is currently under grass, which has a mature hedge along its western boundary and a post and wire fence along its southern boundary. There is a raised embankment along the majority of the northern boundary with the river that has quite a number of existing trees.

THE PROPOSAL

The application seeks full planning permission for the formation of an irregular triangular shaped lake within this field with two small island formations within. The proposed lake is to cover an area of approximately 7200m2 and is approximately 190 metres along its longest bank in an east-west direction and 70 metres along the north-south bank. The lake is to be an excavated lake with no increase in land levels to that which currently exist. The maximum depth of the lake is proposed to be 2 metres. The plan also shows that there will be a minimum buffer zone of 10 metres between the lake and the river.

PLANNING POLICY

As the proposal is for the extension of an existing business use, it is considered that the relevant development plan policy is Policy E6 of the Carmarthenshire Unitary Development Plan.

Policy E6 permits the extension of existing commercial business premises providing that the proposal does not create environmental damage, amenity, highway objections and that it is of an appropriate scale.

THIRD PARTY REPRESENTATIONS

The application is supported by two pieces of evidence, one by the Applicant's Accountant indicating that the business commenced on the 16^th October 1995 and that business rates have been paid for the property since 1^st April 1997, with the reference of the entry as 55000 2059. An e-mail message has been received from the business rates section of the Council confirming that Mr M Kirk has been liable for Non Domestic Rates since the 1^st April 1997. No representations have been received that give a contradictory view to that which was submitted in the application.

There have been no issues and no evidence received from other third party representations in respect of this application.

CONCLUSION

Having considered all the above mentioned evidence, and in the absence of any contrary evidence, on the balance of probability the recommendation is to issue the certificate of lawfulness.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development hereby permitted shall be carried out strictly in accordance with the amended 1:1000, 1:500 & 1:250 scale plans, received on 7^th November 2007, unless amended by any following conditions.

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2 In the interest of visual amenities.

NOTE(S)

1 Further advice and guidance from the Environment Agency is contained in their letter of 8^th January 2007, appended to this planning permission.

2 Further advice and guidance from the Countryside Council for Wales, is contained in their letter of 3^rd October 2005, appended to this planning permission.

CONSULTATIONS

Head of Transport - Recommendation that any permission that the Local Planning Authority may grant will be subject to the imposition of three conditions on the specification of the access.

St Clears Town Council - Comment is made that the numbers of housing should reflect the numbers as set out in the Unitary Development Plan and that there should be a reasonable phasing of development.

Local Member - County Councillor P H Hughes is supportive subject to all policies of the Unitary Development Plan being met.

Dwr Cymru/Welsh Water - Conditional approval on sewerage and surface water aspect, but with regard to water supply a specific condition is requested that no occupation of any building until the essential off-site water infrastructure work has been completed and approved by Welsh Water. This work is required to be done by Welsh Water prior to occupation of any dwelling and the developer will be required to fund the works, which is provisionally set at £80,000.

Neighbours/Public - The application has been publicised by the posting of sixteen neighbour consultation letters surrounding the site and site notice erected. In response there has been eight letters (two from the same party) of objection citing the following concerns:-

· Road system poor with additional dwellings will cause highway safety issues.

· Concerns over noise.

· Concern over sewer capacity.

· Loss of privacy and overlooking from development.

· Loss of light and views enjoyed will be likely.

· Concern over boundaries with affects to trees and hedges.

RELEVANT PLANNING HISTORY

There is no relevant planning history.

APPRAISAL

THE SITE

The application site is located in an elevated area on Pwll Trap Road, Pwll Trap to the north-west of St Clears. The site has a frontage onto Pwll Trap Road opposite Clare Hill Farm and surrounded on three sides by housing, and measures approximately 85 metres x 195 metres. The whole allocation of this housing area is 3.05 hectares, but this application seeks about half that allocation of 1.5 hectares. The land is currently pasture, relatively flat with mature hedge banks and trees on the boundaries.

THE PROPOSAL

The proposal seeks an outline application for houses/bungalows with a number set at 28. No details have been provided and all further matters on access, external appearance, design and landscaping are reserved. The application was later modified to delete the stipulated number of 28 and is now just for the principle of residential development.

PLANNING POLICY

In terms of the application's policy context, reference is made to the following existing development plan policies:-

Carmarthenshire Unitary Development Plan

Policy H1 ensures the provision of an adequate supply of land and this is an allocated site within the Unitary Development Plan (S7/b).

Policy GDC2 supports development which can be appropriately provided in locations which do not adversely impact upon the public and private amenity and privacy of adjoining properties and open spaces. The density, scale and massing of any development should reflect that of neighbouring properties.

Policy GDC11 seeks to ensure that all new development is served by an appropriate access incorporating adequate visibility to allow for the safe access and egress of vehicles.

Policy GDC33 seeks contributions to be obtained from developers in payment to fund community facilities and other improvements where such provision can be directly and reasonably related to the proposed development.

Policy REC8 states that where there is a lack of open space, new residential development of ten or more dwellings are expected to make adequate provision for open space, play space and facilities.

Policy UT8 seeks to ensure development proposals take account of the impact of surface water drainage and water quality to ensure it is managed successfully.

Policy EN13 seeks to protect and maintain hedgerows as a landscape feature to the area.

THIRD PARTY REPRESENTATIONS

The application has raised several letters and the main material considerations are summarised as follows:-

Traffic Safety

The means of access is still to be further considered but will be directly onto the Pwll Trap Road and the Head of Transport has confirmed that, subject to three highways conditions, a highways refusal cannot be substantiated. Indeed the visibility is deemed appropriate and the required 120 metres splay is achievable.

Impact on Community with Density

The impact of the originally submitted 28 units needed to be considered as there was no justification or details to substantiate whether these numbers would have fitted. Also the Unitary Development Plan allocation for this housing allocation was likely to be around twenty units. Therefore, the application has now been formally amended to seek the principle of residential development only, with the number of units to be further agreed with any following reserved matters.

Loss of Privacy/Amenity

This is deemed unsustainable as the application is in outline and scale, form and design will be assessed with future detailed applications.

Loss of View and Value

This type of objection is now regularly accepted as not being a material planning issue that a local authority can consider in its processing.

Loss of Hedgerows/Trees

The application is in outline, however the opportunity to preserve boundary hedges and trees can be controlled by condition apart from the new access.

Sewer Capacity and Water Pressure

Welsh Water has confirmed that the recent upgrade in the public sewerage system completed in April this year has meant there is adequate mains sewer capacity for the housing development. However a new concern has been raised by Welsh Water, which has delayed the processing of the application for some considerable time. It relates to this area of Pwll Trap having a deficiency with water pressure, which will be made considerably worse with this further housing proposal. However, Welsh Water have now offered that a Grampian type condition can be attached which requires essential off-site infrastructure work to be undertaken before any occupation of any of the dwellings. These works will need to be funded by the developer and then undertaken by Welsh Water prior to occupation of any dwelling. The consideration of a legal Section 106 Agreement may need to be considered as well as a condition.

CONCLUSION

Clearly the site is within the recognised settlement limits of Pwll Trap and allocated as a housing site as defined in the adopted Carmarthenshire Unitary Development Plan.

Therefore, whilst there are some local concerns regarding the amended proposals, it is still seen as compatible and meets the main policy criteria from the adopted Carmarthenshire Unitary Development Plan. It generally provides a sustainable housing development for Pwll Trap to grow and the required community benefits of play areas on site or commuted sum to other play areas in the town, education contributions and percentage of 25% affordable housing has been agreed with the applicant's agent. As such the application is put forward with a recommendation for outline approval subject to the imposition of the following appropriate conditions on landscaping, access improvements and design brief.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The permission now granted is outline permission only, within the meaning of the Town and Country Planning (General Development Procedure) Order 1995.

2 Application for approval of reserved matters must be made to the Local Planning Authority before the expiration of three years from the date of this permission, and the development must be commenced not later than whichever is the later of the following:-

(a) the expiration of five years from the date of this outline planning permission.

(b) the expiration of two years from the date of approval of the last of the reserved matters to be approved.

3 Development shall not commence until detailed plans of the siting, design, external appearance, means of access and landscaping of the development, together with the means of access thereto, have been submitted, and received the written approval of the Local Planning Authority.

4 The development hereby permitted shall be carried out strictly in accordance with the 1:1250 scale location plan and the 1:750 scale site plans received on 14^th November 2006, unless amended by any following conditions.

5 The permission does not agree to any set number of dwellings, but just the principle.

6 The roofs shall be covered in natural or composite slate.

7 The elevations shall have a vertical emphasis with openings in keeping with the traditional character and proportions of development in the surrounding area, to the satisfaction of the Local Planning Authority.

8 The walls shall be rendered to have a light textured finish (i.e. not spar dash).

9 The scale, form, design, massing and spans of the dwellings shall relate to a rural vernacular style.

10 Prior to its use by vehicular traffic, the new access road shall be laid out and constructed with 5.5 metre carriageway, 1.8 metre footway, and 6 metre kerbed radii at the junction with the U6217 road.

11 Prior to any use of the estate road by vehicular traffic, a visibility splay of 4.5 metres x 120 metres to the north, and 2.4 metres x extent of the site to the south shall be formed and thereafter retained in perpetuity, to the sides of the centre line of the estate road in relation to the nearer edge of carriageway.

12 Prior to commencement of any part of the development the written approval of the Local Planning Authority, shall be obtained for a scheme of parking and turning facilities within the curtilage of the site, and this shall be dedicated to serve the proposal. The approved scheme is to be fully implemented prior to any part of the development being brought into use and thereafter shall be retained, unobstructed in perpetuity. In particular no part of the parking or turning facilities is to be obstructed by non-motorised vehicles.

13 A detailed landscaping scheme for the whole site including the retention of any existing landscape features and the indication of species, size and number of trees and/or shrubs to be planted shall be submitted to and specifically approved in writing by the Local Planning Authority prior to the commencement of the development and shall, following approval of such a scheme, be implemented in the first planting season following commencement of the development or at such other time as may be specifically approved in writing by the Local Planning Authority.

14 The reserved matters application shall include details of all means of enclosure for the site including mitigation on the boundaries to neighbours on all boundaries.

15 A new hedgebank shall be formed on the back edge of the visibility splay line(s) required by Condition No. 11 above, to the satisfaction of the Local Planning Authority.

16 No dwelling shall be occupied until such time as the essential off site water infrastructure work has been completed and approved by Dwr Cymru/Welsh Water and the Local Planning Authority have been informed in writing of its completion.

REASONS

1-3 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

4 For the avoidance of doubt.

5-9 In the interest of visual amenities and compatibility of the area.

10-12 In the interests of highway safety.

13-15 To ensure the site is adequately screened and landscaped.

16 To ensure a satisfactory way of dealing with deficiency with current water supply pressure.

NOTE(S)

1 Further advice and guidance from Dwr Cymru/Welsh Water is contained in their letter of 16^th November 2007, a copy of which is appended to this planning permission.

2 Further observations from the Head of Transport are:-

(a) All surface water from the development herwith approved shall be trapped and disposed of so as to ensure that it does not flow onto any part of the public highway.

(b) No surface water from the development herewith approved shall be disposed of, or connected into, existing highway surface water drains.

(c) If the applicant intends to offer the proposed estate road for adoption to the Highway Authority under Section 38 of the Highways Act 1980, then he is advised to contact the Authority's Highways Adoptions Officer, Mr Cliff Cleaton, at the earliest opportunity.

3 No development shall commence on site until arrangements through a Section 106 Agreement or Unilateral Undertaking (by virtue of the Town and Country Planning Act 1990 (As Amended) have been agreed, completed and signed (at the expense of the applicant) that secure indexed financial contributions (as necessary and specified by the Local Planning Authority) towards the improvement/upgrading and future maintenance of public open space and recreation provision within the local community and the improvement of educational facilities within the local catchment area.

4 No development shall commence on site until arrangements through a Section 106 Agreement or Unilater Undertaking (by virtue of the Town and Country Planning Act 1990 (As Amended) have been agreed, completed and signed (at the expense of the applicant) that secures the affordable houses agreed on the site at 25% contribution of total numbers and sets out the phasing, nature tenure, type and size of unit, and also establishes the stage of the development by which the affordable housing shall be built and developed.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan 2006) and material considerations do not indicate otherwise. The policies, which refer, are as follows:

· The proposal complies with Policies H1 and GDC2 of the adopted Unitary Development Plan in that it is an appropriate form of development, which is not likely to cause unacceptable harm in design, siting, highway safety or amenity to neighbouring properties.

· The proposal complies with Policies UT8 of the adopted Unitary Development Plan in that it is an appropriate form of development, which adequately deals with sewage and water issues.

· The proposal complies with Policies GDC33 and REC8 of the adopted Unitary Development Plan in that it is an appropriate form of development, which contributes a number of community benefits.

CONSULTATIONS

Head of Transport - No objections subject to conditions.

Public Rights of Way Officer - If the development is approved reference should be made to public footpath 62/11.

St Ishmaels Community Council - The Community Council raise no objections/observations.

Local Member - County Councillor L M Stephens has not commented to date.

Environment Agency - the Agency has no objection subject to the imposition of standard advice, they have queried the applicant's proposed sewerage connection to the 'mains' as they are not aware of a public sewer in the area. The applicant has confirmed that the street to which the site relates is served by a private sewer.

Dwr Cymru/Welsh Water - No objection raised subject to standard advice and that no development is constructed within 3 metres of a water main.

Neighbours/Public - The application has been publicized by the posting of a site notice and five neighbouring properties were individually consulted. Six letters have been received raising objections to the proposed development. The letters of objection are summarised below:-

· The present sewerage system is inadequate to cope with two additional dwellings and may result in overloading of the private sewer and potentially overflow onto the highway.

· General concern regarding highway safety and the condition of the private road.

RELEVANT PLANNING HISTORY

W/06197 Renewal of W/04184 - siting of

residential development

Outline planning permission 07 April 2004

W/04184 Renewal of W/01538 - siting of

residential development

Outline planning permission 18 April 2001

W/01538 Renewal of D4/25465 - siting of

residential development

Outline planning permission 27 April 1998

D4/25465 Siting of residential development

(renewal of D4/22184)

Outline planning permission 11 April 1995

D4/22184 Siting of residential development

Outline planning permission 30 April 1992

D4/16501 Siting of residential development

Outline planning permission 09 March 1989

D4/8405 Siting of 2 no. bungalows

Approved with conditions 02 July 1981

APPRAISAL

THE SITE

The application site comprises a roughly rectangular parcel of land having a maximum length of 47 metres and a width of 30 metres. The majority of the site is relatively flat in nature but rises sharply at its rear in the form of a rock face which rises to higher ground. Existing neighbouring properties are located either side of the plot and it is accessed by a private road currently serving a small number of dwellings.

THE PROPOSAL

Planning permission is sought for the renewal of application number W/06197 which gave outline planning permission for the siting of residential development in 2004 at this site. All details have been reserved for future detailed approval although the indicative siting of two dwellings has been shown on the submitted plans.

The application site has a history of planning approvals which have been continuously renewed since the early 1980s. Whilst the principle of residential has been accepted in the past, there are new planning policies to consider in this instance in addition to other material considerations which may be relevant to the application site. An assessment of these will be made below.

PLANNING POLICY

Policy H2 of the Carmarthenshire Unitary Development Plan permits proposals for residential development within defined settlement limits where proposals for residential development within defined settlement limits where proposals conform to and do not conflict with the policies of the plan and subject to there being no highway, amenity or utility service provision objections.

The proposal is considered to comply with the above policy. Firstly, whilst design and siting details have not been submitted for consideration, it is considered that the plot is of sufficient size to accommodate one or two modest sized dwellings with adequate amenity space and parking and turning areas. Moreover the site is comparable in terms of its dimensions to neighbouring residential properties. Furthermore a sensitively designed dwelling(s) can be incorporated into the plot without overtly harming the residential amenities of the above mentioned properties.

In terms of the impact upon the local highway network, whilst access has been reserved for future consideration, access, turning and parking details have been shown on the submitted indicative drawing. The Head of Transport raises no objection subject to conditions.

THIRD PARTY REPRESENTATIONS

Five letters of objection has been submitted raising concerns with regard to highway safety, the condition of the road and the impact the proposal will have on the private foul sewerage pipe. As referred to above the Highways Section have raised no adverse comments with regard to this scheme nor have they raised concern with regard to the condition of the existing road leading to the site.

Concern has been expressed with regard to potential overloading of the existing private sewer serving the neighbouring properties if two additional dwellings were to connect to it. Comments have been made by objectors that the pipe has been blocked on occasions and resulted in overflowing on to the adjacent highway. On this basis it was requested that the applicant carry out an investigation into the capacity of the pipe and whether it will be able to cope with the additional flows from further residential development at this location.

The applicant has commissioned a survey by a drainage engineer who states that the existing 100mm diameter pipe serves 12 dwellings and has capacity to run at 5 litres/sec, whereas the actual flow within the pipe was less than 1 litre/sec at the time of the survey. Therefore the survey concludes that there is sufficient capacity within the existing sewer to accept the additional flows from the proposed development.

CONCLUSION

After careful consideration it is believed that on balance the proposed scheme is acceptable. The proposal would have no foreseeable detrimental effect upon the amenity of the neighbouring properties or upon the character of the local environment and will ensure no detrimental harm to highway safety. Therefore it is considered that the proposed scheme be approved and renewal of Application Number W/06197.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The permission now granted is an outline permission only, within the meaning of the Town and Country Planning (General Development Procedure) Order 1995.

2 The permission now granted relates to the land defined by the plans referenced: 1:2500 scale site location plan and 1:500 scale site block plan received on 22nd March 2007 and the Foul Water Drainage Assessment received on 16th August 2007.

3 Application for approval of reserved matters must be made to the Local Planning Authority before the expiration of three years from the date of this permission, and the development must be commenced not later than whichever is the later of the following:-

a) the expiration of five years from the date of this outline planning permission;

b) the expiration of two years from the date of approval of the last of the reserved matters to be approved.

4 Development shall not commence until detailed plans of the siting, design, and external appearance of the development, means of access thereto together with landscaping have been submitted, and received the written approval of the Local Planning Authority.

5 Prior to the commencement of development the written approval of the Local Planning Authority shall be obtained for a scheme of parking and turning facilities within the curtilage of the site, and this shall be dedicated to serve the proposal. The approved scheme is to be fully implemented prior to any part of the development being brought into use, and thereafter shall be retained, unobstructed, in perpetuity. In particular, no part of the parking or turning facilities is to be obstructed by non-motorised vehicles.

6 The new vehicular access shall be laid out and constructed strictly in accordance with Typical Layout No. 4 (specification for which is attached to this planning permission), prior to the commencement of any other work or development. Thereafter it shall be retained, unobstructed, in this form in perpetuity.

REASONS

1 The application is in outline only.

2 For the avoidance of doubt as to the extent of this permission

3 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990

4 In the interest of visual and general amenities.

5+6 In the interests of highway safety.

NOTE(S)

1 All surface water from the development herewith approved shall be trapped and disposed of so as to ensure that it does not flow on to any part of the public highway.

2 No surface water from the development herewith approved shall be disposed of, or connected into, existing highway surface water drains.

3 It is the responsibility of the developer to contact the Street works Manager of the Local Highway Authority to apply for a Street works Licence before undertaking any works on an existing Public Highway.

4 The applicant/developer's attention is drawn the attached copy of the Environment Agency's response to consultation dated 18^th April 2007.

5 The applicant/developer's attention is drawn the attached copy of Welsh Water's response to consultation dated 4^th April 2007.

6 The applicant/developer's attention is drawn the attached copy of Council's Rights of Way Officer's response to consultation dated 31^st July 2007.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town & Country Planning (General Development Procedure)(Wales)(Amendment) Order 2004, the council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the adopted Carmarthenshire Unitary Development Plan, July 2006) and material considerations do not indicate otherwise. The policies which refer are as follows:-

· The proposal accords with Policy H2 of the Unitary Development Plan in that it will not result in any adverse highway, amenity or utility service problems.

CONSULTATIONS

Head of Transport - Has no observations to make on the application.

Head of Public Protection Social Care and Housing - No adverse comments to make in relation to the application

Llanpumsaint Community Council - No observations received to date.

Local Member - County Councillor W Dorrien Thomas as a member of the Planning Committee has not commented on the application to date.

Environment Agency - No objections to the proposal and provide advice notes

Neighbours/Public - A public notice was placed at the application site. Two letters of representation have been received, one showing concerns over a number of issues, the other an objection on behalf of a third party. The observations made are:

· There appear to have been a large number of unauthorised developments on this site without the knowledge of the local authority. Is this the full extent of them, or are there further developments not yet acknowledged?

· At the planning hearing in respect of the unauthorised coach park, reference was made to overnight accommodation for approximately 50 pilgrims, and breakfasts provided for 300 - 400 during busy period in summer. Are these uses included within the current batch of retrospective applications?

· Are there sufficient sanitary facilities available for this number of visitors?

· Does the local authority intend to limit the extent of development on this site, or are the applicants free to accept however many visitors present themselves?

The grounds of objection are:

· This application together with the other four applications relate to a development which is in the area of Llanpumsaint and Llanfihangel ar Arth communities. With claimed visitor numbers of around 100,000 persons it must be considered as a major development, particularly in its rural location.

· This point was made in an objection to a previous, and also retrospective, application made by the applicant. The planning authority made no response. Neither was there a response made to our request that the whole site be considered by the authority, so the ability of the public, and the planning committee, to look at the development as a single issue and form an opinion is prejudiced by tactics.

· The greater part of the increase in use has been in the last few years. Before that it was not a major development. A planning appeal decision confirmed the planning committee's refusal of permission for the coach park.

· In his decision the Inspector refers to the capacity of the local highway network as a major constraint on development of this site. He refers to highway safety. He refers to Planning Policy Wales and the need for the countryside to be conserved and where possible enhanced. He refers to nature conservation and harm caused to biodiversity of the area by the proposed development.

· There has been no application for change of use from low intensity farming to the present use of the land and buildings. The objector rejects the developer's sui generis argument advanced at the planning appeal. A monestary is by definition a residential religious use. Skandavale is not a class D1 use (under the Use Classes Order).

· These applications are for developments that are integrated with other general and particular developments of the site which have no planning approval or certificates of lawfulness and therefore cannot in isolation be given permission by the authority.

RELEVANT PLANNING HISTORY

There is no relevant planning history on the application site.

APPRAISAL

THE SITE

The application site is located on the holding of 'Cwmcreigiau Fawr' which together with an adjoining farm 'Penygarn' forms a single holding known as Skanda Vale. Cwmcreigiau Fawr, now known as the Subramanium Temple complex is a small holding located along a farm track approximately 0.7 km north of the no through lane leading from Llanpumsaint towards the direction of Dolgran. The specific application site is located along the western flank of the track as it enters the complex of buildings.

The Community of the Many Names of God is a registered charity. It was founded as a monastic centre in June 1973, when the Community purchased Cwm Creigiau Fawr, which was then a small derelict farm of approximately 9 hectares. The property was renamed Skanda Vale and became registered as a place of meeting for religious worship in 1975. The Community purchased Penygarn in November 1978, the adjacent 29 hectare farm. Further land of 8 hectares was bought in the 1990's. Skanda Vale is held in trust for the purpose of fulfilling the objectives of the charity, including maintaining it as a place of public worship, advancing religious education and offering shelter, hospitality and spiritual refreshment.

According to the Community Skanda Vale has since 1973 become an established place of worship and pilgrimage for ethnic communities in the United Kingdom as well as many pilgrims from Europe. The Community welcomes all religions, nationalities and cultures and are treated equally. The number of pilgrims visiting Skanda Vale has risen steadily over the years. However the monastery does not advertise itself but the increase in numbers are due to the experience which is related by word of mouth. The Community is supported entirely by donations and by food grown at Skanda Vale. It also has a Day Care hospice in Saron, eight miles from the monastery, which provides free specialist day care for the terminally ill.

Skanda Vale covers an area of approximately 46 hectares comprising around 10 hectares of mixed woodland and 2 hectares of planted mature forest, with the remaining land consisting of grassland with some rough pasture. There are three main building complexes within Skanda Vale. The first complex is the Lodge (formerly known as Llwynderi Farm). The existing farmhouse here is used as a residence for the Community's sisterhood with the outbuildings used for housing the Community's herd of water buffalo and cattle.

The second complex of buildings is the Subramanium Temple, where there are also dining facilities and the minibus car park. Timber chalets are located next to the temple complex that are used as accommodation for some of the monks as well as some pilgrim accommodation.

Thirdly, there is the Maha Shakti Temple, which occupies the ground floor of the former farmhouse, with the spiritual head of the Community occupying the first floor. Monastic accommodation is provided in simple wooden chalets around the temple, together with barns, an agricultural implement shed, storage areas, a sawmill and a generator.

THE PROPOSAL

The proposal is a retrospective application that seeks full planning permission, in retrospect, for the erection of a reception and welfare building. The building takes the form of a single storey timber chalet that is constructed with horizontal machined logs stained with natural plant extract preservative, under a green mineral felt roof. The building contains a reception desk, as well as a mother and baby changing area, disabled toilet and first aid room.

The need for this building is explained that it is the first point of contact for pilgrims travelling independently and allows the Community to register new arrivals and provide them with information and orientation for their visit. This is considered by the Community as essential to ensure the health and safety as well as the convenience of pilgrims. The first aid room and adjoining ambulance parking area are considered important as a significant number of pilgrims are elderly or infirm and Skanda Vale is a considerable distance from the nearest accident and emergency unit. Support for this building has been shown by the medical professionals that have the occasion to visit this site at times of emergency.

The applicants indicate that this building is modest in scale, being little bigger than a large domestic shed. It is located on the west side of the hardstanding in front of the Subramanium Temple complex and functionally and visually is part of that established group. Immediately to the west of the building a belt of trees provides visual screening to views from that direction. It is claimed that the building's impact will be localised and minor.

PLANNING POLICY

The relevant planning policies in this case are Policies GDC3, GDC8 & T3 of the Carmarthenshire Unitary Development Plan (CUDP).

Policy GDC3 provides that development in the countryside will not be permitted except for the purposes listed within the policy, where a countryside location is essential and the site is the only option available for the development.

Policy GDC8 encourages the design and siting of new development to have full regard to the physical character and topography of the site by conforming to a number of criteria.

Policy T3 provides that development proposals should consider the capacity of the existing highway network and access provided to an appropriate standard and where the capacity of the network is insufficient that improvements would be required.

The application site is located in open countryside outside the development limits of any settlement. The application site is located some distance from any of the nearest recognised settlements including Llanpumsaint. Policy GDC3 does not permit development in the countryside unless it conforms to the specific type of developments identified in paragraphs (i) - (ix) above. Whilst it appears that the development is required to be linked to the use of Skandavale as a religious monastic community, it does not conform to any of the specific development types included within the Policy. However, the applicants have argued that this is for an essential service that is required for existing visitors to and residents at the Community and not one that would create any separate uses on the site. It is therefore considered that this building is ancillary to the existing use at the site as a monastic community.

The applicant in the submitted planning statement explains the use and need for each of the application proposals. It is indicated that none will increase the capacity of the Monastery to accommodate visitors, nor are they aimed at stimulating visitor demand. It is reinforced that the proposal will help serve pre-existing needs in more appropriate accommodation. The applicant also indicates that none of the application proposals will generate additional off site traffic movements. The applicants indicate that this proposal serves either day to day needs of resident monks and nuns, or improve facilities for pilgrims who would visit Skanda Vale in any event.

The final policy that is relevant in the consideration of this application is Policy T3. This relates to the effect of a development upon the safety of road users. The Head of Transport has been consulted on the application to consider the highway implications of the development. The response is that he has no observations to make on the proposal.

THIRD PARTY REPRESENTATIONS

There are many issues that are raised by the third party representations that have been received, some of which refer to the lack of a planning permission for the use of the property as a monastery or monastic centre. The objector indicates that the use is not a `sui generis' use, i.e. in a class of its own. From the evidence available it is clear that a monastery or monastic centre has been established at Skanda Vale for a considerable number of years, and in planning terms this is clearly the primary lawful use of the site. This use is generally considered to be a 'sui generis' use as a stand alone use, not identified by the Use Classes Order to be contained in any of the prescribed Use Classes. As is the case with all lawful uses, activities that may be described as 'reasonably ancillary' to this lawful use may be carried out without the need for planning permission. A further point raised is whether these individual applications collectively should be considered as a whole entity and therefore a major development. It is clear from the type of development that is being applied that each element refers to services that are already being provided at the site and that they would not in themselves be creating a greater visitor numbers. It is for this reason that the applications should be considered individually on their own merits. In this application the building provides a basic and essential service for existing visitors as a health and safety function.

The other main group of issues relate to highway matters, which have been discussed in preceding paragraphs, with the conclusion from the Head of Transport that there is no objection to the proposal.

CONCLUSION

Having considered all the above mentioned issues, the fact that the application is retrospective, supporting evidence that has been provided by the applicants, the policy considerations, and the third party representations that have been received, it is considered that there is insufficient grounds for refusal and that the proposal therefore must be approved. It is therefore recommended that the application be approved subject to the imposition of the following appropriate conditions.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development hereby permitted shall be carried out strictly in accordance with the 1:100, 1:500, 1:250 & 1:50 scale plans, received on 29^th March 2007, unless amended by any following conditions.

3 The development hereby permitted shall only be used for the purposes as a reception and welfare building ancillary to the use of Skanda Vale as a monastic centre and for no other purposes whatsoever.

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2 In the interest of visual amenities.

3 To ensure that the building is used for the purposes intended.

NOTE(S)

1 Further advice and guidance from the Environment Agency is contained in their letter of 24^th April 2007, appended to this planning permission.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan (CUDP) and material considerations do not indicate otherwise. The policies which refer are as follows:-

· The proposal accords with Policy GDC3 of the Carmarthenshire Unitary Development Plan in that the proposal permits uses which cannot be provided in a nearby settlement. The building is considered to be an ancillary use within an existing established use that is located in open countryside which is considered to fall within this criteria.

· The proposal accords with Policy GDC 8 of the CUDP in that the application building is located amongst an existing complex of buildings that form part of Skanda Vale.

· The proposal accords with Policy T3 of the CUDP in that the Head of Transport has considered the matter and has indicated that from a highway point of view there are no objections.

CONSULTATIONS

Head of Transport - Has no observations to make on the application.

Head of Public Protection Social Care and Housing - No adverse comments to make in relation to the application

Llanpumsaint Community Council - No observations to make on the proposal.

Local Member - County Councillor W Dorrien Thomas as a member of the Planning Committee has not commented on the application to date.

Neighbours/Public - A public notice was placed at the application site. Two letters of representation have been received, one showing concerns over a number of issues, the other an objection on behalf of a third party. The observations made are:

· There appear to have been a large number of unauthorised developments on this site without the knowledge of the local authority. Is this the full extent of them, or are there further developments not yet acknowledged?

· At the planning hearing in respect of the unauthorised coach park, reference was made to overnight accommodation for approximately 50 pilgrims, and breakfasts provided for 300 - 400 during busy period in summer. Are these uses included within the current batch of retrospective applications?

· Are there sufficient sanitary facilities available for this number of visitors?

· Does the local authority intend to limit the extent of development on this site, or are the applicants free to accept however many visitors present themselves?

The grounds of objection are:

· This application together with the other four applications relate to a development which is in the area of Llanpumsaint and Llanfihangel ar Arth communities. With claimed visitor numbers of around 100,000 persons it must be considered as a major development, particularly in its rural location.

· This point was made in an objection to a previous, and also retrospective, application made by the applicant. The planning authority made no response. Neither was there a response made to our request that the whole site be considered by the authority, so the ability of the public, and the planning committee, to look at the development as a single issue and form an opinion is prejudiced by tactics.

· The greater part of the increase in use has been in the last few years. Before that it was not a major development. A planning appeal decision confirmed the planning committee's refusal of permission for the coach park.

· In his decision the Inspector refers to the capacity of the local highway network as a major constraint on development of this site. He refers to highway safety. He refers to Planning Policy Wales and the need for the countryside to be conserved and where possible enhanced. He refers to nature conservation and harm caused to biodiversity of the area by the proposed development.

· There has been no application for change of use from low intensity farming to the present use of the land and buildings. The objector rejects the developer's sui generis argument advanced at the planning appeal. A monestary is by definition a residential religious use. Skandavale is not a class D1 use (under the Use Classes Order).

· These applications are for developments that are integrated with other general and particular developments of the site which have no planning approval or certificates of lawfulness and therefore cannot in isolation be given permission by the authority.

RELEVANT PLANNING HISTORY

There is no relevant planning history on the application site.

APPRAISAL

THE SITE

The application site is located on the holding of 'Cwmcreigiau Fawr' which together with an adjoining farm 'Penygarn' forms a single holding known as Skanda Vale. Cwmcreigiau Fawr, now known as the Subramanium Temple complex is a small holding located along a farm track approximately 0.7 km north of the no through lane leading from Llanpumsaint towards the direction of Dolgran. The specific application site is located mid-way between the Subramanium and Sri Ranganatha Temples.

The Community of the Many Names of God is a registered charity. It was founded as a monastic centre in June 1973, when the Community purchased Cwm Creigiau Fawr, which was then a small derelict farm of approximately 9 hectares. The property was renamed Skanda Vale and became registered as a place of meeting for religious worship in 1975. The Community purchased Penygarn in November 1978, the adjacent 29 hectare farm. Further land of 8 hectares was bought in the 1990's. Skanda Vale is held in trust for the purpose of fulfilling the objectives of the charity, including maintaining it as a place of public worship, advancing religious education and offering shelter, hospitality and spiritual refreshment.

According to the Community, Skanda Vale has since 1973 become an established place of worship and pilgrimage for ethnic communities in the United Kingdom as well as many pilgrims from Europe. The Community welcomes all religions, nationalities and cultures and are treated equally. The number of pilgrims visiting Skanda Vale has risen steadily over the years. However the monastery does not advertise itself but the increase in numbers are due to the experience which is related by word of mouth. The Community is supported entirely by donations and by food grown at Skanda Vale. It also has a Day Care hospice in Saron, eight miles from the monastery, which provides free specialist day care for the terminally ill.

Skanda Vale covers an area of approximately 46 hectares comprising around 10 hectares of mixed woodland and 2 hectares of planted mature forest, with the remaining land consisting of grassland with some rough pasture. There are three main building complexes within Skanda Vale. The first complex is the Lodge (formerly known as Llwynderi Farm). The existing farmhouse here is used as a residence for the Community's sisterhood with the outbuildings used for housing the Community's herd of water buffalo and cattle.

The second complex of buildings is the Subramanium Temple, where there are also dining facilities and the minibus car park. Timber chalets are located next to the temple complex that are used as accommodation for some of the monks as well as some pilgrim accommodation.

Thirdly, there is the Maha Shakti Temple, which occupies the ground floor of the former farmhouse, with the spiritual head of the Community occupying the first floor. Monastic accommodation is provided in simple wooden chalets around the temple, together with barns, an agricultural implement shed, storage areas, a sawmill and a generator.

THE PROPOSAL

The proposal is a retrospective application that seeks full planning permission, in retrospect, for the erection of a multi purpose building. The building takes the form of a single storey free-standing building that is hexagonal in shape, and is approximately 17 metres across at its widest and rises to an apex of 6.6 metres. Externally the building is clad predominantly in red cedar shingles with a low stone wall that wraps around the northern and western sides of the building. The building sits within a site that slopes from east to west and therefore the building is into the ground on its eastern side. The northern and western sides have large access openings that can be covered using sliding gale-breakers. Access to the building is along the track that runs between the two temples

The building is used all year round for vehicle and general storage. In the summer months it is also used as a shelter, feeding point and devotional sanctuary for pilgrims, especially during inclement weather. It is apparent that no other buildings within the complex can fulfil this role. Due to the number of visitors this building is the only available relatively large space capable of sheltering them from the weather. It is located between two of the temple complexes and therefore is accessed relatively easily from both locations when needed. Although this building is prominent within the site itself, due to its setting within the ground it does not have an unpleasant appearance within the landscape.

PLANNING POLICY

The relevant planning policies in this case are Policies GDC3, GDC8 & T3 of the Carmarthenshire Unitary Development Plan (CUDP).

Policy GDC3 provides that development in the countryside will not be permitted except for the purposes listed within the policy, where a countryside location is essential and the site is the only option available for the development.

Policy GDC8 encourages the design and siting of new development to have full regard to the physical character and topography of the site by conforming to a number of criteria.

Policy T3 provides that development proposals should consider the capacity of the existing highway network and access provided to an appropriate standard and where the capacity of the network is insufficient that improvements would be required.

The application site is located in open countryside outside the development limits of any settlement. The application site is located some distance from any of the nearest recognised settlements including Llanpumsaint. Policy GDC3 does not permit development in the countryside unless it conforms to the specific type of developments identified in paragraphs (i) - (ix) above. Whilst it appears that the development is required to be linked to the use of Skandavale as a religious monastic community, it does not conform to any of the specific development types included within the Policy. However, the applicants have argued that this is for an essential service that is required for existing visitors to and residents at the Community and not one that would create any separate uses on the site. It is therefore considered that this building is ancillary to the existing use at the site as a monastic community.

The applicant in the submitted planning statement explains the use and need for each of the application proposals. It is indicated that none will increase the capacity of the Monastery to accommodate visitors, nor are they aimed at stimulating visitor demand. It is reinforced that the proposal will help serve pre-existing needs in more appropriate accommodation. The applicant also indicates that none of the application proposals will generate additional off site traffic movements. The applicants indicate that this proposal serves either day to day needs of resident monks and nuns, or improve facilities for pilgrims who would visit Skanda Vale in any event.

The final policy that is relevant in the consideration of this application is Policy T3. This relates to the effect of a development upon the safety of road users. The Head of Transport has been consulted on the application to consider the highway implications of the development. The response is that he has no observations to make on the proposal.

THIRD PARTY REPRESENTATIONS

There are many issues that are raised by the third party representations that have been received, some of which refer to the lack of a planning permission for the use of the property as a monastery or monastic centre. The objector indicates that the use is not a sui generis use, i.e. in a class of its own. From the evidence available it is clear that a monastery or monastic centre has been established at Skanda Vale for a considerable number of years, and in planning terms this is clearly the primary lawful use of the site. This use is generally considered to be a 'sui generis' use as a stand alone use, not identified by the Use Classes Order to be contained in any of the prescribed Use Classes. As is the case with all lawful uses, activities that may be described as 'reasonably ancillary' to this lawful use may be carried out without the need for planning permission. A further point raised is whether these individual applications collectively should be considered as a whole entity and therefore a major development. It is clear from the type of development that is being applied that each element refers to services that are already being provided at the site and that they would not in themselves be creating a greater visitor numbers. It is for this reason that the applications should be considered individually on their own merits. In this application the building provides a basic and essential service for existing visitors as a health and safety function.

The other main group of issues relate to highway matters, which have been discussed in preceding paragraphs, with the conclusion from the Head of Transport that there is no objection to the proposal.

CONCLUSION

Having considered all the above mentioned issues, the fact that the application is retrospective, supporting evidence that has been provided by the applicants, the policy considerations, and the third party representations that have been received, it is considered that there is insufficient grounds for refusal and that the proposal therefore must be approved. It is therefore recommended that the application be approved subject to the imposition of the following appropriate conditions.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development hereby permitted shall be carried out strictly in accordance with the 1:1000, 1:500, 1:250, 1:100 & 1:50 scale plans, received on 29^th March 2007, unless amended by any following conditions.

3 The development hereby permitted shall only be used for the purposes as a multi-purpose building ancillary to the use of Skanda Vale as a monastic centre and for no other purposes whatsoever.

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2 In the interest of visual amenities.

3 To ensure that the building is used for the purposes intended.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan (CUDP) and material considerations do not indicate otherwise. The policies which refer are as follows:-

· The proposal accords with Policy GDC3 of the Carmarthenshire Unitary Development Plan in that the proposal permits uses which cannot be provided in a nearby settlement. The building is considered to be an ancillary use within an existing established use that is located in open countryside which is considered to fall within this criteria.

· The proposal accords with Policy GDC 8 of the CUDP in that the application building is located amongst an existing complex of buildings that form part of Skanda Vale.

· The proposal accords with Policy T3 of the CUDP in that the Head of Transport has considered the matter and has indicated that from a highway point of view there are no objections.

CONSULTATIONS

Head of Transport - Has no observations to make on the application.

Head of Public Protection Social Care and Housing - No adverse comments to make in relation to the application

Llanpumsaint Community Council - No observations received to date.

Local Member - County Councillor W Dorrien Thomas as a member of the Planning Committee has not commented on the application to date.

Environment Agency - No objection to the proposal and provide standard advice notes

Neighbours/Public - A public notice was placed at the application site. Two letters of representation have been received, one showing concerns over a number of issues, the other an objection on behalf of a third party. The observations made are:

· There appear to have been a large number of unauthorised developments on this site without the knowledge of the local authority. Is this the full extent of them, or are there further developments not yet acknowledged?

· At the planning hearing in respect of the unauthorised coach park, reference was made to overnight accommodation for approximately 50 pilgrims, and breakfasts provided for 300 - 400 during busy period in summer. Are these uses included within the current batch of retrospective applications?

· Are there sufficient sanitary facilities available for this number of visitors?

· Does the local authority intend to limit the extent of development on this site, or are the applicants free to accept however many visitors present themselves?

The grounds of objection are:

· This application together with the other four applications relate to a development which is in the area of Llanpumsaint and Llanfihangel ar Arth communities. With claimed visitor numbers of around 100,000 persons it must be considered as a major development, particularly in its rural location.

· This point was made in an objection to a previous, and also retrospective, application made by the applicant. The planning authority made no response. Neither was there a response made to our request that the whole site be considered by the authority, so the ability of the public, and the planning committee, to look at the development as a single issue and form an opinion is prejudiced by tactics.

· The greater part of the increase in use has been in the last few years. Before that it was not a major development. A planning appeal decision confirmed the planning committee's refusal of permission for the coach park.

· In his decision the Inspector refers to the capacity of the local highway network as a major constraint on development of this site. He refers to highway safety. He refers to Planning Policy Wales and the need for the countryside to be conserved and where possible enhanced. He refers to nature conservation and harm caused to biodiversity of the area by the proposed development.

· There has been no application for change of use from low intensity farming to the present use of the land and buildings. The objector rejects the developer's sui generis argument advanced at the planning appeal. A monestary is by definition a residential religious use. Skandavale is not a class D1 use (under the Use Classes Order).

· These applications are for developments that are integrated with other general and particular developments of the site which have no planning approval or certificates of lawfulness and therefore cannot in isolation be given permission by the authority.

RELEVANT PLANNING HISTORY

There is no relevant planning history on the application site.

APPRAISAL

THE SITE

The application site is located on the holding of 'Pen y Garn' which together with an adjoining farm 'Cwm Creigiau Fawr' forms a single holding known as Skanda Vale. Pen y Garn, now known as the Maha Shakti Temple complex is a small holding located along a farm track approximately 0.7 km south of the minor country lane leading from Alltwalis in the direction of Dolgran. The specific application site is located approximately 150 metres south of the complex of buildings at Pen y Garn.

The Community of the Many Names of God is a registered charity. It was founded as a monastic centre in June 1973, when the Community purchased Cwm Creigiau Fawr, which was then a small derelict farm of approximately 9 hectares. The property was renamed Skanda Vale and became registered as a place of meeting for religious worship in 1975. The Community purchased Penygarn in November 1978, the adjacent 29 hectare farm. Further land of 8 hectares was bought in the 1990's. Skanda Vale is held in trust for the purpose of fulfilling the objectives of the charity, including maintaining it as a place of public worship, advancing religious education and offering shelter, hospitality and spiritual refreshment.

According to the Community Skanda Vale has since 1973 become an established place of worship and pilgrimage for ethnic communities in the United Kingdom as well as many pilgrims from Europe. The Community welcomes all religions, nationalities and cultures and are treated equally. The number of pilgrims visiting Skanda Vale has risen steadily over the years. However the monastery does not advertise itself but the increase in numbers are due to the experience which is related by word of mouth. The Community is supported entirely by donations and by food grown at Skanda Vale. It also has a Day Care hospice in Saron, eight miles from the monastery, which provides free specialist day care for the terminally ill.

Skanda Vale covers an area of approximately 46 hectares comprising around 10 hectares of mixed woodland and 2 hectares of planted mature forest, with the remaining land consisting of grassland with some rough pasture. There are three main building complexes within Skanda Vale. The first complex is the Lodge (formerly known as Llwynderi Farm). The existing farmhouse here is used as a residence for the Community's sisterhood with the outbuildings used for housing the Community's herd of water buffalo and cattle.

The second complex of buildings is the Subramanium Temple, where there are also dining facilities and the minibus car park. Timber chalets are located next to the temple complex that are used as accommodation for some of the monks as well as some pilgrim accommodation.

Thirdly, there is the Maha Shakti Temple, which occupies the ground floor of the former farmhouse, with the spiritual head of the Community occupying the first floor. Monastic accommodation is provided in simple wooden chalets around the temple, together with barns, an agricultural implement shed, storage areas, a sawmill and a generator.

THE PROPOSAL

The proposal is a retrospective application that seeks full planning permission, in retrospect, for the erection of an aviary. The structure takes the form of a solid timber coop 11.2 metres long by 4.3 metres wide. Attached to this is a cage constructed of timber posts and tensioned wire ties draped in a galvanised wire mesh. The cage has a natural earth floor and the whole structure is lightweight, diaphanous and easily removable.

The aviary was constructed originally in response to DEFRA advice on threat of avian flu from wild birds. DEFRA recommended that keepers should have in place the ability to bring all domestic fowl under cover. The aviary is located within a field which has been set aside for the rearing of a wide variety of birds and small animals, such as rabbits. The aviary serves the purpose of allowing the community to care for a wide range of species such as turkeys and white peacocks.

The applicants indicate that the field boundary against which the aviary sits is formed by a mature hedgerow and occasional trees, which screens the aviary from views to the east. From other viewpoints, over long distances, the aviary appears as a lightweight structure, taller, but no different in character from other pens and hutches which are located within this field.

PLANNING POLICY

The relevant planning policies in this case are Policies GDC3, GDC8 & T3 of the Carmarthenshire Unitary Development Plan (CUDP).

Policy GDC3 provides that development in the countryside will not be permitted except for the purposes listed within the policy, where a countryside location is essential and the site is the only option available for the development.

Policy GDC8 encourages the design and siting of new development to have full regard to the physical character and topography of the site by conforming to a number of criteria.

Policy T3 provides that development proposals should consider the capacity of the existing highway network and access provided to an appropriate standard and where the capacity of the network is insufficient that improvements would be required.

The application site is located in open countryside outside the development limits of any settlement. The application site is located some distance from any of the nearest recognised settlements at Alltwalis, Dolgran and Pencader as well as Llanpumsaint. Policy GDC3 does not permit development in the countryside unless it conforms to the specific type of developments identified in paragraphs (i) - (ix) above. Whilst it appears that the development is required to be linked to the use of Skandavale as a religious monastic community, it does not conform to any of the specific development types included within the Policy. However, the applicants have argued that this is for an activity that is and has been pursued by the residents at the Community and not one that would create any separate uses on the site. It is therefore considered that this building is ancillary to the existing use at the site as a monastic community. There are a number of existing animal pens/paddocks containing traditional farm animals as well as other species such as deer, lama, elephant, rabbits and goats. The centre is strictly vegetarian and the animals are kept for life, with the keeping, maintenance and welfare of these animals seen effectively as a physical manifestation of the faith of the monastic centre. They are seen as essentially an integral part of monastic life and not as a visitor attraction in their own right.

The applicant in the submitted planning statement explains the use and need for each of the application proposals. It is indicated that none will increase the capacity of the Monastery to accommodate visitors, nor are they aimed at stimulating visitor demand. It is reinforced that the proposal will help serve pre-existing needs in more appropriate accommodation. The applicant also indicates that none of the application proposals will generate additional off site traffic movements. The applicants indicate that this proposal serves either day to day needs of resident monks and nuns, or improve facilities for pilgrims who would visit Skanda Vale in any event.

The final policy that is relevant in the consideration of this application is Policy T3. This relates to the effect of a development upon the safety of road users. The Head of Transport has been consulted on the application to consider the highway implications of the development. The response is that he has no observations to make on the proposal.

THIRD PARTY REPRESENTATIONS

There are many issues that are raised by the third party representations that have been received, some of which refer to the lack of a planning permission for the use of the property as a monastery or monastic centre. The objector indicates that the use is not a sui generis use, i.e. in a class of its own. From the evidence available it is clear that a monastery or monastic centre has been established at Skanda Vale for a considerable number of years, and in planning terms this is clearly the primary lawful use of the site. This use is generally considered to be a 'sui generis' use as a stand alone use, not identified by the Use Classes Order to be contained in any of the prescribed Use Classes. As is the case with all lawful uses, activities that may be described as 'reasonably ancillary' to this lawful use may be carried out without the need for planning permission. A further point raised is whether these individual applications collectively should be considered as a whole entity and therefore a major development. It is clear from the type of development that is being applied that each element refers to services that are already being provided at the site and that they would not in themselves be creating a greater visitor numbers. It is for this reason that the applications should be considered individually on their own merits. In this application the building provides a basic and essential service for existing visitors as a health and safety function.

The other main group of issues relate to highway matters, which have been discussed in preceding paragraphs, with the conclusion from the Head of Transport that there is no objection to the proposal.

CONCLUSION

Having considered all the above mentioned issues, the fact that the application is retrospective, supporting evidence that has been provided by the applicants, the policy considerations, and the third party representations that have been received, it is considered that there is insufficient grounds for refusal and that the proposal therefore must be approved. It is therefore recommended that the application be approved subject to the imposition of the following appropriate conditions.

RECOMMENDATION - APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development hereby permitted shall be carried out strictly in accordance with the 1:1000, 1:500, 1:250 and 1:50 scale plans, received on 29^th March 2007, unless amended by any following conditions.

3 The development hereby permitted shall only be used as an ancillary structure to the use of Skanda Vale as a monastic centre and for no other purposes whatsoever.

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2 In the interest of visual amenities.

3 To ensure that the building is used for the purposes intended.

NOTE(S)

1 Further advice and guidance from the Environment Agency is contained in their 'Standard Advice Note, appended to this planning permission.

SUMMARY REASONS FOR APPROVAL

In accordance with Article 3 of the Town and Country Planning (General Development Procedure) (Wales) (Amendment) Order 2004, the Council hereby certify that the proposal as hereby approved conforms with the relevant policies of the Development Plan (comprising the Carmarthenshire Unitary Development Plan (CUDP) and material considerations do not indicate otherwise. The policies which refer are as follows:-

· The proposal accords with Policy GDC3 of the Carmarthenshire Unitary Development Plan in that the proposal permits uses which cannot be provided in a nearby settlement. The building is considered to be an ancillary use within an existing established use that is located in open countryside which is considered to fall within this criteria.

· The proposal accords with Policy GDC 8 of the CUDP in that the application building is located amongst an existing complex of buildings that form part of Skanda Vale.

· The proposal accords with Policy T3 of the CUDP in that the Head of Transport has considered the matter and has indicated that from a highway point of view there are no objections.

CONSULTATIONS

Head of Transport - Has no observations to make on the application.

Head of Public Protection Social Care and Housing - No adverse comments to make in relation to the application

Llanpumsaint Community Council - No observations received to date.

Local Member - County Councillor Mrs F M Jones as a nominated substitute of the Planning Committee has not commented on the application to date.

Environment Agency - No objection to the proposal and provide standard advice notes

Neighbours/Public - A public notice was placed at the application site. Two letters of representation have been received, one showing concerns over a number of issues, the other an objection on behalf of a third party. The observations made are:

· There appear to have been a large number of unauthorised developments on this site without the knowledge of the local authority. Is this the full extent of them, or are there further developments not yet acknowledged?

· At the planning hearing in respect of the unauthorised coach park, reference was made to overnight accommodation for approximately 50 pilgrims, and breakfasts provided for 300 - 400 during busy period in summer. Are these uses included within the current batch of retrospective applications?

· Are there sufficient sanitary facilities available for this number of visitors?

· Does the local authority intend to limit the extent of development on this site, or are the applicants free to accept however many visitors present themselves?

The grounds of objection are:

· This application together with the other four applications relate to a development which is in the area of Llanpumsaint and Llanfihangel ar Arth communities. With claimed visitor numbers of around 100,000 persons it must be considered as a major development, particularly in its rural location.

· This point was made in an objection to a previous, and also retrospective, application made by the applicant. The planning authority made no response. Neither was there a response made to our request that the whole site be considered by the authority, so the ability of the public, and the planning committee, to look at the development as a single issue and form an opinion is prejudiced by tactics.

· The greater part of the increase in use has been in the last few years. Before that it was not a major development. A planning appeal decision confirmed the planning committee's refusal of permission for the coach park.

· In his decision the Inspector refers to the capacity of the local highway network as a major constraint on development of this site. He refers to highway safety. He refers to Planning Policy Wales and the need for the countryside to be conserved and where possible enhanced. He refers to nature conservation and harm caused to biodiversity of the area by the proposed development.

· There has been no application for change of use from low intensity farming to the present use of the land and buildings. The objector rejects the developer's sui generis argument advanced at the planning appeal. A monestary is by definition a residential religious use. Skandavale is not a class D1 use (under the Use Classes Order).

· These applications are for developments that are integrated with other general and particular developments of the site which have no planning approval or certificates of lawfulness and therefore cannot in isolation be given permission by the authority.

RELEVANT PLANNING HISTORY

There is no relevant planning history on the application site.

APPRAISAL

THE SITE

The application site is located on the holding of 'Pen y Garn' which together with an adjoining farm 'Cwm Creigiau Fawr' forms a single holding known as Skanda Vale. Pen y Garn, now known as the Maha Shakti Temple complex, is a small holding located along a farm track approximately 0.7 km south of the minor country lane leading from Alltwalis in the direction of Dolgran. The specific application site forms an extension to the existing hay barn which adjoins the Maha Shakti Temple complex. The structure is 15 metres long by 9 metres deep and is constructed using a timber frame and low painted block walls. The panels above the walls are infilled with double glazed units and the roof clad in translucent polycarbonate panels. The building is south facing and is heated entirely by solar gain.

The Community of the Many Names of God is a registered charity. It was founded as a monastic centre in June 1973, when the Community purchased Cwm Creigiau Fawr, which was then a small derelict farm of approximately 9 hectares. The property was renamed Skanda Vale and became registered as a place of meeting for religious worship in 1975. The Community purchased Penygarn in November 1978, the adjacent 29 hectare farm. Further land of 8 hectares was bought in the 1990's. Skanda Vale is held in trust for the purpose of fulfilling the objectives of the charity, including maintaining it as a place of public worship, advancing religious education and offering shelter, hospitality and spiritual refreshment.

According to the Community Skanda Vale has since 1973 become an established place of worship and pilgrimage for ethnic communities in the United Kingdom as well as many pilgrims from Europe. The Community welcomes all religions, nationalities and cultures and are treated equally. The number of pilgrims visiting Skanda Vale has risen steadily over the years. However the monastery does not advertise itself but the increase in numbers are due to the experience which is related by word of mouth. The Community is supported entirely by donations and by food grown at Skanda Vale. It also has a Day Care hospice in Saron, eight miles from the monastery, which provides free specialist day care for the terminally ill.

Skanda Vale covers an area of approximately 46 hectares comprising around 10 hectares of mixed woodland and 2 hectares of planted mature forest, with the remaining land consisting of grassland with some rough pasture. There are three main building complexes within Skanda Vale. The first complex is the Lodge (formerly known as Llwynderi Farm). The existing farmhouse here is used as a residence for the Community's sisterhood with the outbuildings used for housing the Community's herd of water buffalo and cattle.

The second complex of buildings is the Subramanium Temple, where there are also dining facilities and the minibus car park. Timber chalets are located next to the temple complex that are used as accommodation for some of the monks as well as some pilgrim accommodation.

Thirdly, there is the Maha Shakti Temple, which occupies the ground floor of the former farmhouse, with the spiritual head of the Community occupying the first floor. Monastic accommodation is provided in simple wooden chalets around the temple, together with barns, an agricultural implement shed, storage areas, a sawmill and a generator.

THE PROPOSAL

The proposal is a retrospective application that seeks full planning permission, in retrospect, for the erection of a glasshouse. The structure is 15 metres long by 9 metres deep and is constructed using a timber frame and low painted block walls. The panels above the walls are infilled with double glazed units and the roof clad in translucent polycarbonate panels. The building is south facing and is heated entirely by solar gain.

The Community indicates that one of their key beliefs is the importance of respecting and caring for nature in all its diversity. They indicate that this is why the Community keeps an elephant, water buffalo, various types of cattle, horses, birds and small mammals as well as an organic garden. The glasshouse is stated as being a means of providing for that diversity by allowing the community to keep plants and birds which would not otherwise thrive in the local climatic conditions. Some of the plants grown in the glasshouse are stated to supplement the monks' diet.

The glasshouse is indicated as being a typical agricultural type of building and has been sited and designed to form an extension to the existing hay barn. It is open to views from the south, from which direction it is seen against the backdrop of the larger barn structure. The overall complex of buildings in this location are well screened in the landscape, as it is surrounded by mature trees, hedgerows and plantation, although the plantation is outside the Community's control.

PLANNING POLICY

The relevant planning policies in this case are Policies GDC3, GDC8 & T3 of the Carmarthenshire Unitary Development Plan (CUDP).

Policy GDC3 provides that development in the countryside will not be permitted except for the purposes listed within the policy, where a countryside location is essential and the site is the only option available for the development.

Policy GDC8 encourages the design and siting of new development