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 Councillor J Wilkinson.

 

 

2.

Minutes of the previous meeting pdf icon PDF 93 KB

To authorise the Chair to sign the minutes of the previous meeting of the Committee held on 28 February, 2019 as a correct record.

Minutes:

The Chair was authorised to sign as a correct record the minutes of the meeting held on 28 February, 2019, subject to it being noted that County Councillor K Silk had given her apologies.

 

 

 

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)       County Councillors M J Jones, K Laurie- Parry and I McIntosh declared personal interests in application 18/1070/REM as they were appointed, by the Council, to Brecon Beacons National Park Authority, which was a consultee.

 

(b)       County Councillor J Williams requested that a record be made of his membership of Llandrindod Wells Town Community Council, at the time when discussion had taken place of matters for the consideration of this Committee.

 

(c)        County Councillor H Hulme (who is a member of the Committee) declared that she would be acting as ‘local representative’ in respect of application P/2018/0150.

 

(d)       The Committee noted that County Councillor G Price (who is not a member of the Committee) would be speaking as the ‘local representative’ in respect of 19/002/FUL.

 

 

 

4.

Planning applications for consideration by the Committee pdf icon PDF 59 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 68 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.

 

 

4.2

19/0021/FUL Land East of Ithon Road, Ithon Road, Llandrindod, Powys, LD1 6AS pdf icon PDF 325 KB

Additional documents:

Minutes:

Grid Ref:       E: 305498 N: 262001                     

 

Valid Date:   04/01/2019               

 

Community Council: Llandrindod Wells Town Council

 

Applicant:     Mr S Griffiths           

 

Location:     Land East of Ithon Road, Ithon Road, Llandrindod, Powys, LD1 6AS           

 

Proposal:      Residential development comprising of 55 units                       

 

Application Type:  Full Application       

 

County Councillor G Price spoke as the local representative.

Councillor A Curtis spoke on behalf of Llandrindod Wells Town Council.

Mrs C Stokes spoke on behalf of the residents of Holcombe Drive.

Mr B Davies, Asbri Planning, spoke on behalf of the applicant.

 

The Committee was referred to the update and that if the Committee was minded to approve the application it was recommended that condition 26 be omitted from the consent.  The Principal Planning Officer advised that she had spoken to the Land Drainage Officer who had no objections to the development, subject to conditions.  However, as there was no formal response, she asked that if the Committee was minded to approve the application, it be delegated to the Professional Lead Development Management in consultation with the Chair and Vice Chair to agree appropriate conditions.  It was also recommended that a condition be added regarding the phasing of the development to deliver and make an open space, also be delegated to the Professional Lead Development Management in consultation with the Chair and Vice Chair.  In addition, she advised that the date in condition 6 should be deleted, so that the no buildings on the application site shall be brought into use unless the upgrading of the Waste Water Treatment Works had been completed.  It was also recommended that the wording of condition 13 should also be amended to specify the location of the 40 mph zone.

 

In response to questions the Highways Authority advised that for the number and range of properties on the site, five visitor parking spaces were required.  However, in accordance with the Manual for Streets, as the roads on the development were 5½ metres wide, it was considered that there was sufficient parking space on the development.  The Highways Authority also confirmed that, even with cars parked on the roads, there was sufficient room for emergency and refuse vehicles to pass.

 

The Principal Planning Officer advised that the Housing Needs Assessment had demonstrated that there was a need in Llandrindod Wells for the level of affordable housing proposed in the development.   Due to comments made about the easement strip between the development and current housing the Professional Lead Development Management advised that if the Committee was minded to approve the application a condition could be added regarding the planting of this area and its ongoing maintenance, which would deter people from using the area.  Relevant bodies, such as the police could be consulted on this condition.

 

The Principal Planning Officer advised that the agricultural land, where the attenuation pond would be located, is classified 3a i.e. “good to moderate”.  Agricultural land categorised as 1 and 2 should be protected.  The Professional Lead for Development Management advised that in the circumstances it was  ...  view the full minutes text for item 4.2

4.3

18/1070/REM Nant Helen Surface Mine, Coelbren, Neath pdf icon PDF 169 KB

Additional documents:

Minutes:

Grid Ref:                   283050.34 211312.71        

 

Valid Date:               03/12/2018   

 

Officer:                      Hugh Towns

 

Community Council: Tawe Uchaf Community Council

 

Applicant:                 Celtic Energy Ltd     

 

Location:                  Nant Helen Surface Mine, Coelbren, Neath

 

Proposal:                  Variation of condition 2 of planning approval P/2011/0217 to allow an extension of time to allow extraction of all the coal and completion of restoration.       

 

Application Type:  Variation of Condition        

 

Mrs A Manser-Davies spoke against the application.

 

The Minerals Officer advised that if the Committee was minded to approve the application it was recommended that it be delegated to the Professional Lead Development Management to add the relevant policies to the reasons for the conditions.  In addition, it was also recommended that if the Committee was minded to approve the application, it be delegated to the Professional Lead Development Management that the previous S106 agreement, which safeguards appropriate restoration and aftercare, be reviewed and a revised S106 agreement completed within three months  unless the Professional Lead for Development Management is satisfied that the delay is unavoidable and agrees to a further reasonable time period. If the agreement is not concluded within that time frame the application is to be refused or brought back to the Committee.

 

In response to questions the Mineral Officer advised that it was estimated that 800,000 tonnes of coal was available for extraction and that this would take approximately of three years to extract.  It was noted that condition 1 specified the timeframe for extraction.  The Minerals Officer noted the comments made by the objector and the Committee regarding the monitoring of dust and noise.  He advised that his team regularly visited the site to ensure that conditions were adhered to and dust and noise levels were monitored.  However, as the extraction site was proposed to move further east and closer to residential areas and the school, he advised he would review the location of monitoring sites and would also look to speak to the objector.   The Minerals Officer also advised that noise levels were restricted outside normal working hours and stated that if these were exceeded the issue would be investigated and steps be taken to mitigate or stop whatever was the source of the noise.

 

In response to questions the Minerals Officer advised that the phased restoration and phased use of the bond could be conditioned.

 

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 it be delegated to the Professional Lead Development Management to add the planning policies to the reasons for the conditions and that it be delegated to the Professional Lead Development Management that the previous S106 agreement, which safeguards appropriate restoration and aftercare, be reviewed and  a revised S106 agreement completed within three months, unless the Professional Lead for Development Management is satisfied that the delay is unavoidable and agrees to a further reasonable time period to complete the agreement. If the agreement is not concluded within that time frame delegation is given to  ...  view the full minutes text for item 4.3

4.4

P/2018/0150 Land Adj To Llys Cynon, Tregynon, Newtown, Powys, SY16 3EJ pdf icon PDF 236 KB

Additional documents:

Minutes:

Grid Ref:                   E: 309407 N: 298493         

 

Valid Date:               02/02/2018   

 

Community Council: Tregynon Community Council

 

Applicant:                 Mr Martin Hough     

 

Location:                  Land Adj To Llys Cynon, Tregynon, Newtown, Powys, SY16 3EJ

 

Proposal:                  Outline: Erection of 3 no. affordable dwellings and access arrangements (all matters reserved)    

 

Application Type:  Outline planning     

 

County Councillor H Hulme spoke as the local representative.

Mr R Lewis spoke as the Agent.

 

The Planning Officer advised that if the Committee was minded to approve the application that it be delegated to the Professional Lead Development Management to condition the proposed layout of the site to ensure that the proposed dwellings are located within the area identified for housing identified within the ‘proposed site plan’ so that it forms a logical extension to the settlement and would not unacceptably affect the footpath and that the first condition recommended by the Highways Authority regarding upgrading the footpath link to the village be added.

 

In response to questions the Planning Officer advised that the flooding issues were on land below the development site.  The Professional Lead Development Management advised that 100% affordable housing was required for this development as the site was outside the settlement boundary.  It was noted that condition 24 should refer to affordable dwellings rather than dwelling.

 

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 that it be delegated to the Professional Lead Development Management to condition the proposed layout of the site to ensure that the proposed dwellings are located within the area identified for housing identified within the ‘proposed site plan’  and that condition 24 refers to affordable dwellings rather than dwelling and that a condition be added that prior to any other works commencing on the development site, detailed engineering drawings to upgrade the footpath link to the village as shown on drawing numbers S070.1.3.203 & S070.1.3.200 Rev B shall be submitted to and approved in writing by the Local Planning Authority. This shall include an implementation scheme. The development shall comply with the approved details.

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

 

 

 

 

To ensure that the development forms a logical extension to the settlement, in accordance with policy H1.

To ensure that the proposed development does not have an unacceptable impact on the rights of way network, in accordance with policy DM13.

 

To ensure the provision of affordable housing in accordance with policy H1.

 

To ensure that the development is served by appropriate highway infrastructure, in accordance with DM13.

 

County Councillor H Hulme resumed her seat in the Committee.

 

The Committee adjourned for lunch at 13.25 and reconvened at 14.00.

 

 

 

4.5

18/1035/FUL Ynys-Y-Bont, U0300 from Junction with C50 Aberbran by Council Houses Via Ynys-Y-Bont to Jct R, Aberbran, Brecon, LD3 9NL pdf icon PDF 220 KB

Additional documents:

Minutes:

Grid Ref:                   E: 297981 N: 230202         

 

Valid Date:               29/11/2018   

 

Community Council: Trallong Community Council

 

Applicant:                 Mohammed Hillal bin Tarraf Almansorri 

 

Location:                  Ynys-Y-Bont, U0300 from Junction with C50 Aberbran by Council Houses Via Ynys-Y-Bont to Jct R, Aberbran, Brecon, LD3 9NL

 

Proposal:                  Construction of 2 no. falcon breeding buildings, 1 no. imprint building, 1 no. ancillary building, 1 no. plant room and associated works       

 

Application Type:  Full Application       

 

County Councillor Les George did not take part in the debate or voting on this application having missed the start of the officer’s presentation.

 

Subject to the inclusion of an additional condition requiring netting to be removed from surrounding hedges on completion of construction, the exact wording to be determined by the Professional Lead for Development Management, it was

 

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 that it is delegated to the Professional Lead for Development Management the wording of an additional condition to ensure netting is removed from the surrounding hedges.

 

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

 

To comply with Powys County Council’s LDP policies DM2 in relation to The Natural Environment and DM4 in relation to Landscape and Visual Impact.

 

County Councillor Les George re-joined the meeting.

County Councillor Iain McIntosh left the meeting.

 

4.6

18/0922/RES Land Adjacent to Southeast of Village Hall, Sarn, Newtown, Powys, SY16 4HQ pdf icon PDF 94 KB

Additional documents:

Minutes:

Grid Ref:                   E: 320376 N: 290839         

 

Valid Date:               16/11/2018   

 

Community Council: Newtown Community Council

 

Applicant:                 Powys County Council      

 

Location:                  Land Adjacent to Southeast of Village Hall, Sarn, Newtown, Powys, SY16 4HQ

 

Proposal:                  Reserved matters for details of access, appearance, landscaping, layout and scale in connection with proposed development of 7 no. affordable dwellings and all associated works   

 

Application Type:  Reserved Matters    

 

 

RESOLVED:

Reason for decision:

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

 

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

 

 

 

4.7

18/1065/DIS Land Adjacent to Southeast of Village Hall, Sarn, Newtown, Powys, SY16 4HQ pdf icon PDF 71 KB

Additional documents:

Minutes:

Grid Ref:                   E: 320376 N: 290839         

 

Valid Date:               05/12/2018   

 

Community Council: Kerry Community Council

 

Applicant:                 Powys County Council      

 

Location:                  Land Adjacent to Southeast of Village Hall, Sarn, Newtown, Powys, SY16 4HQ

 

Proposal:                  Discharge of condition 8 of planning approval P/2017/1489 in relation to affordable housing details 

 

Application Type:  Discharge of Condition      

 

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.

 

The following application had been withdrawn.

 

 

4.8

19/0302/DEM The Old School House, Former Smithfield Depot Building, Gorn Road, Llanidloes, SY18 6BJ pdf icon PDF 63 KB

Additional documents:

Minutes:

Grid Ref:                   E: 295603 N: 284274         

 

Valid Date:               27/02/2019   

 

Community Council: Llanidloes Community Council

 

Applicant:                 Powys County Council      

 

Location:                  The Old School House, Former Smithfield Depot Building, Gorn Road, Llanidloes, SY18 6BJ

 

Proposal:                  Application for prior notification of proposed demolition          

 

Application Type:  Demolition Notification       

 

This application had been withdrawn.

 

 

 

4.9

18/1115/FUL 5 Y Ffrydd, Newtown, Powys, SY16 2JY pdf icon PDF 70 KB

Additional documents:

Minutes:

Grid Ref:                   E: 311233 N: 291907         

 

Valid Date:               19/12/2018   

 

Community Council: Newtown and Llanllwchaiarn Community Council

 

Applicant:                 Powys County Council      

 

Location:                  5 Y Ffrydd, Newtown, Powys, SY16 2JY, 

 

Proposal:                  Excavation of existing footway and construction of additional parking bays together with realignment of existing kerb          

 

Application Type:  Full Application       

 

 

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.

 

 

 

5.

Decisions of the Head of Regeneration and Regulatory Services on Delegated Applications pdf icon PDF 120 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 21 February, 2019 and 13 March, 2019. It was noted that the application P/2018/0234 had been determined by the committee not officers.

 

Committee was briefed on the Mellowcroft enforcement action. The defendant had been convicted on all 18 charges and fined £750.

 

The Professional Lead for Development Management advised members that whilst the Council did not have designated planning enforcement officers, all planning officers had enforcement as part of their duties.

 

Committee was also advised that the judicial review brought by the Brecon and Radnor branch of the CPRW against Hendy wind farm had been dismissed by the High Court.

 

 

 

Planning Protocol & Constitution

6.

Planning Protocol and Section 13 Responsibilities for Functions pdf icon PDF 363 KB

To consider changes to the Planning Protocol and Section 13 Responsibilities for Functions of the Constitution.

Additional documents:

Minutes:

The Committee considered the proposed changes to the Planning Protocol. In respect of paragraph 19.102 dealing with applications the Committee was minded to permit contrary to officer recommendation, members agreed that in such cases it would defer confirmation of conditions to the next available meeting.

 

County Councillor Jon Williams left at 15.21.

 

RESOLVED to approve the amendments to the Planning Protocol as set out in the report (copy filed with the signed minutes) subject to the amendment to paragraph 19.102 noted above. 

 

The Committee considered the proposed changes to Section 13 Responsibilities for Functions in respect of planning and licensing.  In respect of Function A6 power to determine planning applications made by a local authority, Committee agreed that only major applications should come to Committee unless called in, with all other applications delegated to the relevant planning officer.

 

County Councillor Francesca Jump left at 15.56.

 

            RECOMMENDED to Council to approve the amendments to Section 13 Responsibilities for Functions in respect of planning and licensing as set out report (copy filed with the signed minutes) subject to the amendment to Function A6 noted above.