Agenda and minutes

To receive apologies for absence.

Apologies for absence were received from County Councillors L George and D Price and County Councillor J Wilkinson who has been granted a leave of absence.

To authorise the Chair to sign the minutes of the previous meeting of the Committee held on 5 July, 2018 as a correct record.

The Chair advised that the minutes were not available and would be considered at the next meeting.

The Chair advised that he would be moving to the Rights of Way section of the Agenda.

To receive any declarations of interest from Members relating to the following Agenda items.

There were no declarations of interest in respect of the next two agenda items.

To conisder an application to correct the Register of Common Land, sections 22 and Schedule 2 of the Commons Act 2006 – Application 17-001CA, Register unit MCL76, area Y – Land at Rhiwgriafol, community of Glantwymyn

The Definitive Map and Commons Registration Officer advised that new information had been received the previous day from the objector, which neither the Officers nor the applicant had time to consider.  As a result, the Officer was recommending that consideration of the application be deferred.

To consider a report regardigng Footpaths C15 and C18, Wernllwyd (Community of Welshpool.) Proposed abandonment of diversion Order 2017 and making of a new diversion Order under section 119 of the Highways Act 1980.

The Committee considered the report regarding Footpaths C15 and C18, Wernllwyd (Community of Welshpool). Proposed abandonment of diversion Order 2017 and making of a new diversion Order under section 119 of the Highways Act 1980.  The Committee noted the background to the application.

County Councillor L Corfield arrived at the meeting.

a)       To receive any declarations of interest from Members relating to items to be considered on the agenda.

b)       To receive Members' requests that a record be made of their membership of town or community councils where discussion has taken place of matters for the consideration of this Committee.

c)       To receive declarations from Members of the Committee that they will be acting as 'Local Representative' in respect of an individual application being considered by the Committee.

d)       To note the details of Members of the County Council (who are not Members of the Committee) who will be acting as 'Local Representative' in respect of an individual application being considered by the Committee.

(a)       There were no declarations of interest.

 (b)      County Councillor D Selby requested that a record be made of his membership of Newtown Town Council where discussion had taken place of matters for the consideration of this Committee, but he had not taken part in these. 

County Councillor J Williams requested that a record be made of his membership of Llandrindod Wells Town Council where discussion had taken place of matters for the consideration of this Committee, but he had not taken part in these. 

(c)        The following County Councillors (who are members of the Committee) declared that they would be acting as ‘local representative’ in respect of the following applications:

County Councillor G Pugh – application P/2028/0587

County Councillor D Selby – application P/2017/1274

(d)       The Committee noted that no Member (who is not a member of the Committee) would be speaking as the ‘local representative’ in respect of any application on the agenda.

To consider the reports of the Head of Regeneration and Regulatory Services  and to make any necessary decisions thereon.

The Committee considered the report of the Head of Regeneration, Property and Commissioning (copies filed with the signed minutes).

Any Updates will be added to the Agenda, as a Supplementary Pack, wherever possible, prior to the meeting.

The Members confirmed that they had received the update circulated the previous day and prior to the meeting.  As some Members indicated that they had not had time to read the updates the Chair adjourned the meeting for five minutes for this to happen.

County Councillor G Pugh moved to the public seating area for the next item.

Grid Ref:                               315781.85 294091.63

Valid Date:                           06/06/2018

Officer:                                  Tamsin Law

Community Council:         Abermule Community Council

Applicant:                             Powys County Council

Location:                              Abermule Business Park, Abermule, Powys

Proposal:                             Hybrid application comprising of a full application for a proposed recycling bulking facility and associated works and an outline application for the erection of business units (B1/B2/B8) and all associated works

Application Type:              Application for Full Planning Permission

County Councillor G Pugh spoke as the local representative.

Mr M Aymes spoke against the application.

Mr I Pryce spoke on behalf of the owners of the caravan park.

Mr N Williams spoke against the application.

The following spoke for the applicant: Mr B Davies, Mr A Collins, Miss C Storer and Mr M Lotinga.

The Principal Planning Officer advised that if the Committee was minded to approve the application the Update Report contained an additional condition regarding the phasing of the outline element of the scheme. 

In response to questions the Principal Planning Officer confirmed that the two closest receptors were in the ownership of the applicant.  She advised that the proposed building was not dissimilar to agricultural buildings approved in the countryside and that with the orientation of the building to the road and due to the level of the land, that whilst the building would have an impact on the landscape it is considered to be a moderate impact and not a significant impact.

Questions were raised about the flood risk.  The Senior Land Drainage Officer advised that with the proposed improvement and enhancements on the site and with management of the site, the land drainage issues could be managed.  The water from the bulking area would be retained on the site and not discharged to surrounding area.

 The Ecologist advised that great crested newts were to the south of the site and features would be put in place to stop them accessing the site.

In response to question regarding noise, the Environmental Health Offer advised that it was recognised that industry does create noise and so mitigation measures are used to address this.  The Principal Planning Officer advised that the approximate distance to the Caravan site were: 475 metres to the site boundary and 695 metres to the bulking site.  The proposed building was at its highest approximately 13.4 metres and dropped to 10 metres and for comparison, the new building at Buttington Cross is 13.4 metres and an agricultural building recently approved by Committee was approximately 12.2 metres at their highest.   The proposed colour of the building was queried and the Principal Planning Officer advised that if the Committee was minded to approve the application a condition could be added requesting that the colour of the external materials to be used be submitted for approval prior to construction.

In response to questions the Principal Planning Officer advised that the applicant had indicated that it did not own any other suitable sites for such a development.  The Professional Lead Development Management reminded the Committee that this was an allocated site that allowed  ...  view the full minutes text for item 7.2

Grid Ref:                               315123.71, 289297.18

Valid Date:                           19/06/2018

Officer:                                  Bryn Pryce

Community Council:         Kerry Community Council

Applicant:                             Powys County Council

Location:                              Brynllywarch Residential School, Kerry, Newtown Powys SY16 4PB

Proposal:                              Full: Erection of a classroom unit

Application Type:              Application for Full Planning Permission

Grid Ref:                   328392.3 272534.84          

Valid Date:               10/05/2018   

Officer:                      Holly-Ann Hobbs

Community Council: Knighton Town Council

Applicant:                 D Willowridge, Willowridge International, 10 Old Cheltenham Road,   Longlevens, Gloucester, GL2 0AW           

Location:                  Land at West Street, Knighton, Powys, LD7 1EN.

Proposal:                  Section 73 application for variation of condition nos 2 and 3 attached to planning permission P/2015/0419 to extend the time limit for commencement        

Application Type:  Application for Removal or Variation of a Condition     

The Principal Planning Officer advised that the Update report referred to affordable housing and that if the Committee was minded to approve the application the conditions were those contained in the Update report.  She also advised that the Education Department had advised that as the local school had capacity a contribution to education was not required and as the site was adjacent to the Offa’s Dyke Recreation Centre there was no requirement to include open space in the development.

The Committee noted the concerns of the Town Council and the local member regarding the proposed loss of affordable housing.  In response to questions the Professional Lead for Development Management advised that 10% affordable housing was in line with current target contribution, as contained in the LDP and the Committee had to take this information into account. 

The Committee noted that a development land tax on developers not developing sites with planning permission was being considered by the Welsh Government.  The Professional Lead for Development Management advised he would forward the Committee’s concerns to the Portfolio Holder and ask whether these concerns could be raised with the local AMs.

The Committee adjourned for lunch at 12.50 p.m. and reconvened at 13.20 p.m.

County Councillors H Hulme and H Williams left the meeting.

County Councillor G Williams was not in the meeting for the next item.

Grid Ref:                   310907.19 273407.47        

Valid Date:               19/06/2018   

Officer:                      Sara Robinson

Community Council: Llanbister Community Council

Applicant:                 Powys County Council      

Location:                  Land Adjacent to Llanbister County Primary School, Llanbister, Llandrindod Wells, Powys, LD1 6TN

Proposal:                  Full: Change of use of agricultural land to playing field and erection of fencing  

Application Type:  Application for Full Planning Permission

In response to questions the Planning Officer advised that the nearest properties were 11 and 4 metres away from the proposed fencing.

Grid Ref:                   308555.64, 278616.33       

Valid Date:               15/12/2017   

Officer:                      Bryn Pryce

Community Council: Llanbadarn Community Council

Applicant:                 Mr James Powell, E A Powell & Sons, Dolygarn, Llanbadarn Fynydd, Llandrindod Wells Powys LD1 6YL           

Location:                  Dolygarn, Llanbadarn Fynydd, Llandrindod Wells Powys LD1 6YL

Proposal:                  Full: Erection of an agricultural livestock building         

Application Type:  Application for Full Planning Permission

County Councillor D Selby moved to the public seating area for the next agenda item.

Grid Ref:                   310254.79 291198.41        

Valid Date:               01/12/2017   

Officer:                      Dunya Fourie

Community Council: Newtown Town Council

Applicant:                 Mr Lee Davies, Going Green For A Living Community Trust Ltd, The Cross,  Broad Street,  Newtown, Powys, SY16 2BB.  

Location:                  Sites A, B & C Nr. Riverside & Nr. Latham Park, Newtown, Powys

Proposal:                  Full: Proposed Green Infrastructure Project to include  Site A - Change of use of land to form a play park / amenity area and erection of play equipment; Site B - Construction of a BMX pump track; Site C - Erection of hub building & formation of storage compound, formation of car park, new entrance and all associated works           

Application Type:  Application for Full Planning Permission

The Planning Officer advised that Natural Resources Wales [NRW] had advised that the development was acceptable.  The officer advised that if the Committee was minded to approve the application the conditions were those contained in the Update report.

County Councillor D Selby spoke as the local representative.

County Councillor D Selby resumed his place in the Committee.  County Councillor G Williams returned to the meeting.

Grid Ref:                   306290.08 261902.33        

Valid Date:               31/05/2018   

Officer:                      Sara Robinson

Community Council:         Llandrindod Wells Town Council

Applicant:                 Powys County Council      

Location:                  Trefonnen Church In Wales School, Trefonen Lane, Llandrindod Wells, Powys, LD1 5EB

Proposal:                  Section 192 application for a certificate of lawful development for a proposed use for a single storey rear extension to school

Application Type:  App.  Certificate of Lawfulness of Proposed Use or Development

Grid Ref:                   311249.4 291900.05          

Valid Date:               08/05/2018   

Officer:                      Dunya Fourie

Community Council:         Newtown Town Council

Applicant:                 Powys County Council      

Location:                  Y Ffrydd, Canal Road, Newtown, Powys, SY16 2JY

Proposal:                  Full : New parking arrangements and associated works           

Application Type:  Application for Full Planning Permission

The Planning Officer advised that the application had been withdrawn to enable the applicant to consider the comments from the community.

To receive for information a list of decisions made by the Head of Regeneration and Regulatory Services under delegated powers.

The Committee received for information a list of decisions made by the Head of Regeneration and Regulatory Services during the period between 28 June, 2018 and 1 August, 2018.  It was noted that P/2018/0581 Noyadd Farm Caravan & Campsite, Llanddewi’r Cwm had been had been considered by the Committee at its last meeting.

To authorise the Chair presiding at the following Taxi Review Panel to sign the minutes as a correct record: 1 May 2018. 

As only one of the three members who were on this sub-committee was present, the minutes were deferred to the next meeting for consideration.

A member asked that Committee minutes come to the next meeting and officers noted this request.

The Solicitor updated the Committee on the progress of the following appeals:

Hendy windfarm – to date there was no response from Ministers

Glascwm – all parties had exchanged legal submissions and the High Court would sit in Llandrindod Wells on 8th October to consider the appeal.