Agenda item

Grid Ref:                           E: 309591 N: 300794

Valid Date:                        16/04/24

Community Council:       Dwyriw Community Council

Applicant:                        Mr & Mrs David Wierzbinski

Location:                          Development at Argae Fields, New Mills, Newtown, Powys

Proposal:                         Outline: Erection of an agricultural worker's dwelling with garage, installation of a septic tank and all associated works

Application Type:            Outline planning

The Senior Planning Officer advised that the Professional Lead – Planning had called-in the application.

Councillor J Yeomans spoke as the local representative.

Mr I Pryce spoke as the Agent.

In response to a question the Highways Authority advised that the access to the site would be considered under a reserved matters application if the Committee was minded to approve the application.

Comments were made that the resolve of the applicants to develop their rural enterprise should be supported.  Technical Advice Note [TAN] 6 was outdated and time and financial tests have both been met.  However, further comment was made that the officer’s report advised that the functional need for a permanent dwelling and financial basis had not been proven.  It was noted that TAN6 does allow for a temporary dwelling to be approved which would allow for further evidence to be collected as to whether a permanent dwelling was justified.

It was noted that the Community Council supported the application. 

The Professional Lead – Planning reminded the Committee it needs to consider the application in line with planning policy.  The first test in TAN6 to be considered is whether there is a functional need and if this is satisfied the financial, time and other dwelling tests should then be considered. The Committee needs to be satisfied that to live at that site is necessary for the functioning of the business for unexpected circumstances.  He advised that the officers were not aware of the new beef calving business, which was referred to by the Agent and there is no evidence to say whether this will be successful or not.  In respect of the size of the dwelling he advised that if Committee were to grant permission and the business did not continue, the dwelling could be used as an affordable house in the countryside.  If Committee are minded to go against the officer’s recommendation the Planning Protocol requires the Committee to state the planning reasons prior to going to the vote.

In response to a question regarding financial viability the Senior Planning Officer advised that TAN6 requires a business to be operational for at least three years and profitable for one.  Accounts had been submitted for 2022 and 2023 and the net profit had grown year on year since 2018, so there is growth in the business.  It was noted that there is a financial risk, as much of the land is rented and if that is lost and other land does not become available this could affect the viability of the business.

In response to a question the Senior Planning Officer advised that the uppermost floor limit for an affordable dwelling is 115sq metres and the application is for a maximum size of 135sq metres.  If the Committee was minded to approve the application, officers would recommend an occupancy condition to control the occupancy.  Allowing a larger dwelling could make it unaffordable in the future for people in need of affordable housing.  The other option would be to leave the size of the dwelling to be considered at reserved matters.

It was moved and duly seconded to approve the application contrary to the officer’s recommendation, to support and facilitate growth of a rural enterprise, that the size of the dwelling be considered at reserved matters and that the dwelling be tied to the land via a S106 legal agreement for amenity reasons and that it be delegated to the Professional Lead – Planning in consultation with the Chair to agree conditions.