Agenda and minutes

Venue: Council Chamber - County Hall. View directions

Contact: Carol Johnson  01597826206

Items
No. Item

1.

Apologies

To receive apologies for absence.

Minutes:

Apologies for absence were received from County Councillors L V Corfield, J Wilkinson, G I S Williams and J Williams who was on other Council business.

 

 

 

2.

Minutes of the previous meeting

To authorise the Chair to sign the minutes of the previous meeting of the Committee held on 17 January, 2019 as a correct record.

Minutes:

The minutes of the meeting on 17 January, 2019 were not available.

 

 

Planning

3.

Declarations of interest

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.

Minutes:

(a)       There were no declarations of interest.

 

(b)       The Committee noted that no Member requested that a record be made of their membership of a Community Council where discussion had taken place of matters for the consideration of this Committee.

 

(c)        County Councillor H Lewis (who is a member of the Committee) declared that he would be acting as ‘local representative’ in respect of application 18/0667/FUL.

 

(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.

 

County Councillors D Price and K Laurie-Parry advised that they would need to leave early due to other Council business.

 

 

 

4.

Planning applications for consideration by the Committee pdf icon PDF 52 KB

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

 

 

Minutes:

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

 

 

4.1

Updates pdf icon PDF 64 KB

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

Additional documents:

Minutes:

The Members confirmed that they had received and had time to read the update circulated the previous day and prior to the meeting.

 

County Councillor H Lewis moved to the public seating for the next application.

 

 

 

4.2

18/0667/FUL The Slangs, Cascob, Presteigne, Powys, LD8 2NT pdf icon PDF 160 KB

Additional documents:

Minutes:

Grid Ref:       E: 323844 N: 266394                     

 

Valid Date:   15/10/2018               

 

Officer:          Sara Robinson                    

 

Community Council: Whitton Community Council

 

Applicant:     Ms E Hammel                      

 

Location:     The Slangs, Cascob, Presteigne, Powys, LD8 2NT      

 

Proposal:      Erection of a livestock barn and formation of a new vehicular access road             

 

Application Type:  Full Application       

 

Councillor H Lewis spoke as the local representative.

Mrs M Beese spoke on behalf of the community against the application.

Rev M Beaton, on behalf of the Church, spoke against the application.

Ms E Hammel spoke as the applicant.

 

In response to questions the Planning Officer advised that the enforcement action regarding another part of the site was a separate issue.  The Solicitor reiterated this and advised that the outcome of this application cannot be influenced by the enforcement action. 

 

The Professional Lead Development Management advised that in respect of agricultural buildings planning policies do not normally require the submission of business plans.  The Committee needs to consider the landscape and visual impact of the building.  If the Committee was minded to approve the application Development Management advised that condition 12 should be amended to secure details of the cut and build to be submitted. 

 

It was noted that this was a large building on 6 acres.

 

It was moved and duly seconded that the application be refused as this was a substantial building which would have an adverse landscape and visual impact and that it be delegated to the Professional Lead Development Management to finalise the exact wording of the reason for refusal.

 

RESOLVED:

Reason for decision:

that the application be refused.

Due to the scale and location of the proposed development, it is considered that the proposed development would have an unacceptable adverse landscape and visual impact on the surrounding area.

 

County Councillor H Lewis resumed his seat in the Committee.

 

The Chair changed the order of applications to accommodate speakers and the public present.

 

 

 

4.3

18/02228/OUT Land Adj Hendre View, Penrhos, Llanymynech, Powys, SY22 6QE pdf icon PDF 140 KB

Additional documents:

Minutes:

Grid Ref:       E: 323851 N: 316649                     

 

Valid Date:   11/07/2018               

 

Officer:          Louise Evans                       

 

Community Council:         Llandrinio and Arddleen Community Council

 

Applicant:     Mr & Mrs Pritchard              

 

Location:      Land Adj Hendre View, Penrhos, Llanymynech, Powys, SY22 6QE

 

Proposal:      Outline: Erection of an affordable dwelling, garage and all associated works                     

 

Application Type:  Outline planning     

 

Mrs C Davies, Clerk Llandrinio and Arddleen Community Council spoke in support of the application.

Mr R Corbett spoke as the Agent.

 

The Professional Lead Development Management advised that he had brought this to Committee as the criteria relating to the consideration of rural settlements, as set out in the Strategic Policy SP5 of the Local Development Plan [LDP] and the Supplementary Planning Guidance [SPG] had not been tested before and he wanted to ensure that Development Management had consistency going forward. 

 

The Committee needed to consider whether the grouping of houses in the settlement of Penrhos constituted a rural settlement for the purpose of the LDP.  The Solicitor reminded the Committee that the personal circumstances of the applicants cannot be considered, unless there were exceptional circumstances and none had been presented with this application.

 

In response to questions the Professional Lead Development Management advised that if the application were approved this would set a standard on which officers could consider future applications.  It was noted that an application for an open market development would be refused.

 

It was moved and duly seconded that the application be approved as the rural settlement had at least 10 dwelling closely grouped together and that it be delegated to the Professional Lead Development Management to agree conditions in conjunction with the Chair and Vice Chair.  The motion was put to the vote and duly lost.

 

RESOLVED:

Reason for decision:

that the application be refused.

The proposed development is considered to be unjustified development in the open countryside contrary to policies SP5, SP6, H1 of the Powys Local Development Plan, Planning Policy Wales (10th Edition, 2018) and Technical Advice Note 6.

 

 

 

 

4.4

P/2018/0234 The River Claerwen, Elan Valley, Rhayader, Powys pdf icon PDF 324 KB

Additional documents:

Minutes:

Grid Ref:       E: 292798 N: 264630                     

 

Valid Date:   04/06/2018               

 

Officer:          Holly Hobbs             

 

Community Council: Llanwrthwl Community Council

 

Applicant:     Mr Ewan Campbell-Lendrum                   

 

Location:      The River Claerwen, Elan Valley, Rhayader, Powys

 

Proposal:      Full: Construction of a Hydro Electric Scheme, to include the erection of a Powerhouse, Transformer and Intake, and all associated works                   

 

Application Type:  Full application        

 

The Principal Planning Officer advised that if the Committee was minded to approve the application the conditions were those in the original report and the conditions recommended by Countryside Services as detailed in the update report and that it be delegated to the Professional Lead Development Management to agree the conditions recommended by the Highways Authority. 

 

In response to a question the Highway Authority advised that further details were required regarding how the impact on the highway and the other users would be managed.  The Principal Planning Officer advised that the Ecologist had no objections to the scheme.

 

Environmental Information submitted with the application was considered.

 

RESOLVED:

Reason for decision:

that the application be granted consent, subject to the conditions set out in the report which is filed with the signed minutes and subject to the conditions recommended by Countryside Services and that it be delegated to the Professional Lead Development Management, in consultation with the Chair and Vice Chair, to agree the wording of conditions recommended by Highways Authority.

As officers recommendation as set out in the report and update report which are filed with the signed minutes.

 

County Councillor D Price left the meeting for other Council business.

 

 

 

4.5

18/0903/FUL 2 Severn Street, Welshpool, Powys, SY21 7AB pdf icon PDF 157 KB

Additional documents:

Minutes:

Grid Ref:       E: 322545 N: 307473                     

 

Valid Date:   15/11/2018               

 

Officer:          Edin Hrustanovic                

 

Community Council: Welshpool TownCouncil

 

Applicant:     Mr Joe Wellard, Powys County Council             

 

Location:      2 Severn Street, Welshpool, Powys, SY21 7AB

 

Proposal:      Change of use of building from A2 (Financial and professional services) into D1 (Non-residential institutions - Clinics, health centres etc), refurbishment of existing roof, proposed extension to rear of property involving demolition of yard wall and all associated works (Resubmission)           

 

Application Type:  Full Application       

 

The Planning Officer advised that the proposed changes would not harm the listed building or the Conservation Area.

 

RESOLVED:

Reason for decision:

that the application be granted consent, subject to the conditions set out in the report which is filed with the signed minutes.

As officers recommendation as set out in the report which is filed with the signed minutes.

 

 

 

 

4.6

18/0815/FUL Glanirfon Farm, Station Road, Llanwrtyd Wells, LD5 4AF pdf icon PDF 77 KB

Additional documents:

Minutes:

Grid Ref:       E: 289652 N: 246234                     

 

Valid Date:   26/11/2018               

 

Officer:          Rhys Evans             

 

Community Council: Llanwrtyd Wells Community Council

 

Applicant:     Col Timothy Van Rees                   

 

Location:      Glanirfon Farm, Station Road, Llanwrtyd Wells, LD5 4AF

 

Proposal:      Erection of two agricultural buildings (Retrospective)              

 

Application Type:  Full Application       

 

In response to a question the Planning Officer advised that as the buildings were screened and grouped with existing buildings there was no adverse impact.

 

RESOLVED:

Reason for decision:

that the application be granted consent, subject to the conditions set out in the report which is filed with the signed minutes.

As officers recommendation as set out in the report which is filed with the signed minutes.

 

County Councillor K Laurie-Parry left the meeting for other Council business.

 

 

 

4.7

18/1064/DIS Eric Evans Car Sales, Station Crescent, Llandrindod Wells, LD1 5BE pdf icon PDF 84 KB

Additional documents:

Minutes:

Grid Ref:       E: 305987 N: 261472                     

 

Valid Date:   05/12/2018               

 

Officer:          Sara Robinson                    

 

Community Council: Llandridod Wells Town Council

 

Applicant:     Powys County Council                  

 

Location:      Eric Evans Car Sales, Station Crescent, Llandrindod Wells, LD1 5BE

 

Proposal:      Discharge of conditions 3,7, 8, 9, 10, and 11 from planning approval 18/0577/FUL                       

 

Application Type:  Discharge of Condition      

 

 

RESOLVED:

Reason for decision:

that sufficient information has been submitted to enable the discharge of conditions 3, 7, 8, 9 and 11 from planning permission 18/0577/FUL, whilst Condition 10 must remain for the life of the project.

As officers recommendation as

set out in the report which is

filed with the signed minutes.

 

 

 

4.8

18/1122/NMA Former Bowling Green Site, Back Lane, Newtown, Powys, SY16 2NH pdf icon PDF 64 KB

Additional documents:

Minutes:

Grid Ref:       E: 310685 N: 291653                     

 

Valid Date:   13/12/2018               

 

Officer:          Richard Edwards                

 

Community Council: Newtown and Llanllwchaiarn Town Council

 

Applicant:     Powys County Council                  

 

Location:      Former Bowling Green Site, Back Lane, Newtown, Powys, SY16 2NH

 

Proposal:      Application for a Non Material Amendment to planning approval 18/0124/REM to update and replace existing drawings submitted and approved, changes to cladding and window frame materials.                    

 

Application Type:  Non-Material Amendment 

 

In response to questions the Planning Officer advised that the proposed changes were being made due to the availability of materials and the proposed materials would maintain the integrity of the building.  Concerns were also raised about the colour of the building and its appropriateness in the area.

 

RESOLVED:

Reason for decision:

that the application be granted consent.

 

As officers recommendation as set out in the report which is filed with the signed minutes.

 

 

 

5.

Decisions of the Head of Regeneration and Regulatory Services on Delegated Applications pdf icon PDF 128 KB

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

 

Minutes:

The Committee received for information a list of decisions made by the Head of Regeneration and Regulatory Services during the period between 9 January, 2019 and 31 January, 2019.  It was noted that application 18/0544/FUL [page 149] had been considered by the Committee at the last meeting and not as a delegated decision.

 

The Committee received the following verbal updates:

·         P/2016/0397 Lower House Poultry Farm, Clyro – the Principal Planning Officer advised that in October complaints were received regarding the location of the fans etc. on the building.  These issues had been discussed with the Environmental Health Officer and as a result Non Material Amendments regarding the design and an odour management plan had been submitted.  These were now being considered by Environmental Health.  The Officer advised that they had been informed that birds had been brought into the building during the last few days.  If Environmental Health object to the information provided and that there was evidence of harm, formal enforcement action is likely to be pursued.  In response to the Committee’s concerns that the developers were undertaking developments with no regard to conditions the Professional Lead Development Management advised that until the legislation changed to enable action to be taken whenever a breach occurs regardless of expediency, Development Management needs to ensure it follows correct procedures.

·         P/2015/0186 Mellowcroft, Llandegley – the Solicitor advised that the Public Inquiry had upheld the enforcement notices.  As the owner had not complied with these he had been prosecuted for non-compliance.  The owner had elected to go to trial at Crown Court and the hearing will take place at the end of February.

·         Hendy windfarm -  the Solicitor reported that CPRW’s (Brecon & Radnor) application for judicial review of the Welsh Minister’s decision had been dismissed.  CPRW has appealed and an oral hearing in front of a Judge will take place on 25 February, 2019.