Minutes:
Grid Ref: E: 306058 N: 256061
Valid Date: 11.01.2019
Community Council: Disserth and Trecoed Community Council
Applicant: Mr Stuart Bridgewater
Location: Land at Maes Y Cae, Disserth, Llanfair-ym-Muallt, Powys
Proposal: Erection of rural enterprise dwelling, installation of sewage treatment plant and all associated works
Application Type: Full Application
County Councillor G Williams spoke as the Local representative.
Mr A Southerby spoke as the Agent.
In response to questions the Principal Planning Officer advised that based on the information provided by the applicant the agricultural building is located in 2.3 hectares of land but no evidence of a livestock business was submitted with the application in support of/to justify the proposed dwelling. It was confirmed that the agricultural building present on site, was granted consent for agricultural purposes only. Following a site visit the Planning Officer confirmed that it appeared to be used for storage purposes only and not as a steel building engineering business. If the building was to be used for the latter, this would be classed as a change of use and so a planning application would be required for this.
It was moved and duly seconded to refuse the application as recommended by the officer. On the Chair’s casting vote the motion was defeated. The Solicitor advised that as the Committee had voted against officer’s recommendation, those Members who voted against the motion were required to provide valid planning reasons. Comment was made that the application supported a rural enterprise and that the application was of merit as it supported a young local family. The Solicitor advised that valid planning reasons were required to support the application. The Principal Planning Officer advised that the Committee should only consider the application before it and that the future use of the agricultural building was not a relevant planning consideration.
As no valid planning reasons were provided, the Solicitor advised that the Planning Protocol allowed the Committee to consider whether to defer the confirmation of reasons for granting of the application to the next available committee. This would allow the Members, who voted against the motion, the opportunity to obtain further planning and legal advice on the proposed reasons for acting contrary to the recommendation prior to the substantive vote on whether or not to grant planning permission for the proposed development.
It was proposed and duly seconded to defer the confirmation of reasons for granting of the application to the next available committee. On the Chair’s casting vote this was approved.
RESOLVED: |
Reason for decision: |
To defer the confirmation of reasons for opposing refusal of the application to the next available committee. |
This would allow the Members, who voted to oppose the motion, the opportunity to obtain further planning and legal advice on the proposed reasons for acting contrary to the recommendation based on material planning considerations, as per the Planning Protocol. |
The following asked that a record be made of their vote to refuse the application, in line with officer’s recommendation: County Councillors K Silk, E.M. Jones, H Lewis, D Selby, H Williams, D Price and F Jump.
County Councillor P Pritchard stated that he did not agree with the decision to defer the confirmation of the reasons for agreeing the application and that the Committee had made a decision to agree the application and that should be accepted. County Councillor P Pritchard left the meeting.
County Councillor K Silk stated that the Committee was a quasi-judicial body and was operating within a legal framework. The Committee had to provide justification regarding every application and look at the rules, the local and national policy. As those Committee members, who voted contrary to officer’s recommendation, were unable to provide valid planning reasons for their stance, the Committee acted appropriately in agreeing to defer consideration of the reasons before the substantive vote on whether or not to grant planning permission for the proposed development.
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